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

Ohio House Bill 487 (Prior Session Legislation)

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-Comm_Sub.html

As Reported by the Committee of Conference

129th General Assembly

Regular Session

2011-2012

Am. Sub. H. B. No. 487

Representative Amstutz (By Request)

Cosponsors: Representatives Beck, Blair, Buchy, Combs, McClain, Sears, Sprague, Stebelton, Terhar, Wachtmann
Senators Bacon, Coley, Eklund, Jones, Lehner, Niehaus

A BILL

To amend sections 7.10, 7.16, 9.34, 102.02, 103.05,

105.41, 109.57, 109.572, 109.801, 119.032, 121.04,

121.08, 121.083, 121.084, 122.07, 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, 135.35, 140.01, 140.03,

140.05, 140.08, 145.01, 145.012, 149.43, 151.01,

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, 154.01, 167.04, 173.14, 173.21, 173.23,

173.26, 173.27, 173.391, 173.394, 173.40, 173.42,

173.45, 173.46, 185.01, 185.02, 185.03, 185.05,

185.06, 185.07, 185.09, 185.12, 306.04, 306.36,

306.55, 313.121, 313.122, 313.16, 329.01, 329.40,

329.41, 329.42, 329.43, 329.44, 329.45, 329.46,

330.04, 339.091, 340.03, 340.05, 340.091, 705.18,

749.04, 749.05, 749.18, 901.54, 924.51, 955.16,

955.26, 991.02, 1121.23, 1155.03, 1163.05,

1315.141, 1317.05, 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, 1533.10, 1541.26, 1551.33,

1555.02, 1555.03, 1555.04, 1555.05, 1555.06,

1571.14, 1707.08, 1707.391, 1724.03, 1733.47,

1751.01, 1751.02, 1751.13, 1761.26, 1901.06,

1901.18, 1907.13, 1909.11, 1923.01, 1923.02,

1923.061, 1923.15, 2151.33, 2151.412, 2151.86,

2152.121, 2152.22, 2301.01, 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, 2501.02, 2501.16, 2501.17,

2503.01, 2743.02, 2743.09, 2743.10, 2743.48,

2746.01, 2746.03, 2746.04, 2901.01, 2903.33,

2907.29, 2909.21, 2909.28, 2927.023, 2929.01,

2929.19, 2935.01, 2935.03, 2939.11, 2945.371,

2945.38, 2945.39, 2945.40, 2945.401, 2961.22,

2967.03, 2967.05, 2967.14, 2967.19, 2967.191,

2967.26, 2967.28, 2981.11, 2981.14, 3109.14,

3125.41, 3301.55, 3304.14, 3304.16, 3304.181,

3304.182, 3305.01, 3305.02, 3305.03, 3305.04,

3305.05, 3305.053, 3305.06, 3313.65, 3313.71,

3313.976, 3313.978, 3313.979, 3318.034, 3318.08,

3318.10, 3318.30, 3318.31, 3318.36, 3318.37,

3318.70, 3333.04, 3333.041, 3333.123, 3333.21,

3333.60, 3333.61, 3333.71, 3333.72 3334.08,

3345.16, 3345.28, 3345.50, 3345.51, 3345.54,

3345.69, 3345.692, 3347.03, 3383.02, 3383.07,

3517.20, 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, 3705.242, 3705.30,

3706.19, 3709.03, 3709.04, 3709.06, 3709.085,

3709.09, 3709.092, 3709.32, 3709.35, 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, 3715.87, 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, 3742.31, 3742.32, 3742.47, 3742.50,

3743.04, 3743.06, 3743.19, 3743.25, 3745.01,

3745.05, 3745.11, 3745.112, 3748.04, 3748.05,

3748.07, 3748.10, 3748.12, 3748.13, 3748.15,

3748.20, 3749.02, 3749.03, 3749.04, 3752.06,

3770.06, 3781.03, 3781.06, 3781.102, 3781.11,

100

3781.112, 3783.05, 3791.02, 3791.04, 3791.05,

101

3791.07, 3791.11, 3791.12, 3793.04, 3793.09,

102

3905.36, 4104.01, 4104.02, 4104.06, 4104.07,

103

4104.08, 4104.09, 4104.10, 4104.101, 4104.12,

104

4104.15, 4104.16, 4104.17, 4104.18, 4104.19,

105

4104.21, 4104.33, 4104.42, 4104.43, 4104.44,

106

4104.48, 4105.01, 4105.02, 4105.03, 4105.04,

107

4105.05, 4105.06, 4105.09, 4105.11, 4105.12,

108

4105.13, 4105.15, 4105.16, 4105.17, 4105.191,

109

4105.20, 4105.21, 4115.10, 4115.101, 4121.123,

110

4121.30, 4123.20, 4123.35, 4123.54, 4123.57,

111

4141.35, 4163.07, 4169.02, 4169.03, 4169.04,

112

4171.04, 4301.30, 4303.181, 4303.22, 4313.02,

113

4501.01, 4501.06, 4501.271, 4503.031, 4503.061,

114

4503.062, 4503.81, 4506.01, 4506.03, 4506.22,

115

4506.25, 4507.01, 4507.011, 4507.12, 4507.51,

116

4508.02, 4510.037, 4510.038, 4511.191, 4511.78,

117

4511.98, 4513.18, 4513.263, 4513.50, 4712.01,

118

4723.481, 4730.42, 4731.052, 4731.22, 4735.01,

119

4735.02, 4735.052, 4735.10, 4735.13, 4735.14,

120

4735.141, 4735.142, 4735.74, 4736.01, 4740.03,

121

4740.11, 4740.14, 4743.05, 4763.05, 4765.07,

122

4773.08, 4781.01, 4781.02, 4781.04, 4781.07,

123

4781.09, 4781.14, 4781.15, 4781.16, 4781.99,

124

4905.01, 4905.02, 4905.03, 4905.05, 4905.06,

125

4905.402, 4905.54, 4905.57, 4905.58, 4905.84,

126

4905.90, 4907.01, 4907.02, 4907.04, 4907.08,

127

4907.19, 4907.28, 4907.35, 4907.37, 4907.43,

128

4907.49, 4907.57, 4907.59, 4907.60, 4907.61,

129

4907.62, 4909.01, 4909.02, 4909.03, 4909.17,

130

4909.22, 4909.24, 4909.28, 4911.01, 4927.01,

131

4929.01, 4929.02, 4929.041, 4933.18, 4933.19,

132

4939.01, 4953.04, 4961.03, 4965.54, 5101.01,

133

5101.46, 5101.60, 5101.61, 5104.012, 5104.013,

134

5104.051, 5104.09, 5104.37, 5107.05, 5107.16,

135

5107.17, 5111.01, 5111.013, 5111.014, 5111.0115,

136

5111.0120, 5111.031, 5111.032, 5111.033, 5111.034,

137

5111.06, 5111.091, 5111.113, 5111.16, 5111.161,

138

5111.171, 5111.20, 5111.222, 5111.23, 5111.242,

139

5111.254, 5111.862, 5111.874, 5111.877, 5111.878,

140

5111.89, 5111.894, 5111.941, 5111.97, 5112.31,

141

5112.33, 5112.341, 5112.37, 5112.371, 5112.39,

142

5119.22, 5119.61, 5119.69, 5119.691, 5119.99,

143

5120.036, 5120.105, 5120.132, 5120.66, 5122.31,

144

5123.01, 5123.033, 5123.042, 5123.044, 5123.0412,

145

5123.0414, 5123.0415, 5123.081, 5123.16, 5123.161,

146

5123.162, 5123.163, 5123.164, 5123.166, 5123.169,

147

5123.171, 5123.19, 5123.31, 5123.38, 5123.41,

148

5123.50, 5123.51, 5123.542, 5123.61, 5123.89,

149

5126.023, 5126.0220, 5126.0221, 5126.043,

150

5126.046, 5126.055, 5126.13, 5126.15, 5126.20,

151

5126.21, 5126.22, 5126.25, 5126.251, 5126.51,

152

5139.41, 5139.43, 5149.311, 5155.14, 5501.04,

153

5501.07, 5502.01, 5502.011, 5503.02, 5503.04,

154

5503.21, 5503.22, 5503.23, 5503.34, 5701.13,

155

5703.05, 5705.08, 5705.19, 5705.25, 5705.28,

156

5705.30, 5705.34, 5705.35, 5705.38, 5709.084,

157

5709.12, 5709.121, 5709.212, 5709.62, 5709.63,

158

5709.632, 5709.73, 5713.03, 5719.13, 5725.14,

159

5725.15, 5725.16, 5725.17, 5725.22, 5725.221,

160

5731.39, 5733.064, 5739.01, 5739.02, 5743.03,

161

5743.031, 5751.033, 5751.12, 5753.03, 6109.21,

162

6111.46, 6117.39, and 6119.11; to amend, for the

163

purpose of adopting new section numbers as

164

indicated in parentheses, sections 123.011

165

(123.22), 123.024 (123.06), 123.04 (123.02),

166

123.07 (123.03), 123.08 (123.18), 123.09 (123.04),

167

123.10 (123.05), 123.101 (123.27), 123.11

168

(123.07), 123.13 (123.08), 123.14 (123.09), 123.15

169

(123.10), 123.17 (123.24), 123.21 (123.11), 123.46

170

(123.12), 123.47 (123.13), 123.48 (123.14), 123.49

171

(123.15), 123.77 (123.17), 185.01 (3701.92),

172

185.02 (3701.923), 185.03 (3701.924), 185.05

173

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

174

185.09 (3701.928), 185.12 (3701.929), 1502.01

175

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

176

1502.04 (3736.04), 1502.05 (3736.05), 1502.06

177

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

178

1502.99 (3736.99), 3702.522 (3702.521), 3702.523

179

(3702.522), 3702.524 (3702.523), 3702.525

180

(3702.524), 3702.526 (3702.525), 3733.02

181

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

182

3733.024 (4781.33), 3733.025 (4781.34), 3733.03

183

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

184

3733.06 (4781.30), 3733.07 (4781.301), 3733.08

185

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

186

3733.10 (4781.38), 3733.101 (4781.39), 3733.11

187

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

188

3733.122 (4781.43), 3733.123 (4781.44), 3733.13

189

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

190

3733.16 (4781.48), 3733.17 (4781.49), 3733.18

191

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

192

5123.169 (5123.1610), 5503.21 (5502.05), 5503.22

193

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

194

sections 123.21, 3701.33, 3701.34, 3702.526,

195

4905.80, 4905.81, 4921.01, 4921.03, 4921.05,

196

4921.07, 4921.09, 4921.11, 4921.13, 4921.15,

197

4921.16, 4921.19, 4921.25, 4921.30, 4921.32,

198

4921.36, 4921.38, 4923.01, 4923.02, 4923.04,

199

4923.06, 4923.07, 4923.09, 4923.11, 4923.99,

200

5123.169, and 5123.192 and sections 101.312,

201

121.35, 122.862, 123.20, 123.201, 123.23, 123.26,

202

127.163, 127.164, 166.35, 191.01, 191.02, 191.04,

203

191.06, 505.59, 901.53, 1533.081, 3302.043,

204

3305.031, 3305.032, 3356.10, 3366.05, 3375.405,

205

3701.77, 3701.771, 3701.772, 3701.773, 3701.774,

206

3701.775, 3701.921, 3701.922, 3701.93, 3701.931,

207

3701.932, 3701.933, 3701.934, 3701.935, 3701.936,

208

3701.937, 3701.938, 3701.9310, 3701.9311,

209

3701.9312, 3701.9314, 3702.511, 3702.527,

210

3793.041, 3798.01, 3798.02, 3798.03, 3798.04,

211

3798.06, 3798.07, 3798.08, 3798.10, 3798.12,

212

3798.13, 3798.14, 3798.15, 3798.16, 4731.297,

213

4781.121, 4781.54, 4921.21, 4921.34, 4923.15,

214

4929.042, 5111.246, 5111.946, 5111.96, 5112.331,

215

5139.511, 5705.252, 5705.72, and 5713.012; and to

216

repeal sections 185.04, 185.08, 185.10, 185.11,

217

2301.19, 2909.32, 2909.33, 2909.34, 3301.68,

218

3333.049, 3333.0411, 3333.33, 3333.70, 3333.80,

219

3334.111, 3354.23, 3701.02, 3701.032, 3701.12,

220

3701.33, 3701.34, 3701.35, 3702.521, 3702.5210,

221

3702.5211, 3702.5212, 3702.5213, 3702.58,

222

3702.591, 3733.01, 3733.031, 3745.111, 3781.183,

223

3791.043, 4113.11, 4121.18, 4905.80, 4905.801,

224

4905.81, 4905.82, 4905.83, 4919.75, 4919.76,

225

4919.77, 4919.78, 4919.79, 4919.99, 4921.01,

226

4921.02, 4921.03, 4921.04, 4921.05, 4921.06,

227

4921.07, 4921.08, 4921.09, 4921.10, 4921.101,

228

4921.11, 4921.12, 4921.13, 4921.14, 4921.15,

229

4921.16, 4921.17, 4921.18, 4921.19, 4921.20,

230

4921.23, 4921.24, 4921.25, 4921.26, 4921.27,

231

4921.28, 4921.30, 4921.31, 4921.32, 4921.35,

232

4921.36, 4921.37, 4921.38, 4921.39, 4921.40,

233

4921.99, 4923.01, 4923.02, 4923.03, 4923.04,

234

4923.05, 4923.06, 4923.07, 4923.08, 4923.09,

235

4923.10, 4923.11, 4923.12, 4923.13, 4923.14,

236

4923.17, 4923.20, 4923.26, 4923.99, 5101.97,

237

5111.651, 5119.614, 5119.692, 5119.693, 5119.70,

238

5119.701, 5119.71, 5119.711, 5119.712, 5119.72,

239

5119.73, 5119.731, 5119.74, 5119.75, 5119.76,

240

5119.77, 5119.78, 5119.79, 5119.80, 5119.81,

241

5119.82, 5119.83, 5119.84, 5119.85, 5119.86,

242

5119.87, 5119.88, 5123.082, 5123.083, 5123.192,

243

5126.0222, 5126.252, 5126.26, 5126.27, 5126.28,

244

5126.281, 5126.29, and 5501.09 of the Revised

245

Code; to repeal section 3356.10 of the Revised

246

Code five years after the effective date of that

247

section; to amend Section 753.20 of Am. Sub. H.B.

248

114 of the 129th General Assembly, Section 205.10

249

of Am. Sub. H.B. 114 of the 129th General

250

Assembly, as subsequently amended, Section 201 of

251

Sub. H.B. 123 of the 129th General Assembly,

252

Section 1 of H.B. 124 of the 129th General

253

Assembly, Sections 205.10, 207.10, 207.10.80,

254

207.20.10, 207.20.30, 207.20.90, 209.10, 209.20,

255

209.30, 211.10, 215.10, 215.20, 223.10, 229.10,

256

243.10, 245.10, 261.10.40, 261.10.70, 261.20.40,

257

261.20.50, 261.20.60, 261.20.80, 261.20.90,

258

261.30.10, 261.30.20, 261.30.30, 261.30.40,

259

261.30.60, 261.30.70, 261.30.80, 261.30.90,

260

261.40.10, 263.10, 263.10.30, 263.10.90,

261

263.20.40, 263.20.70, 267.10, 267.10.10,

262

267.10.20, 267.10.40, 267.30.20, 267.30.40,

263

267.40.40, 279.10, 283.10, 285.10, 287.10, 291.10,

264

305.10, 307.10, 309.10, 309.30.10, 309.30.30,

265

309.30.33, 309.30.53, 309.30.73, 309.35.73,

266

309.60.20, 313.10, 315.10, 323.10, 327.10, 337.10,

267

343.10, 343.40, 365.10, 367.10, 369.10, 371.10,

268

371.30.30, 371.50.61, 371.50.65, 371.60.80,

269

373.10, 375.10, 379.10, 387.10, 403.10, 411.10,

270

415.10, 503.50, 521.70, 701.40, and 753.25 of Am.

271

Sub. H.B. 153 of the 129th General Assembly,

272

Sections 247.10, 261.10, and 261.20.93 of Am. Sub.

273

H.B. 153 of the 129th General Assembly, as

274

subsequently amended, Section 8 of Sub. H.B. 369

275

of the 129th General Assembly, Section 205.80 of

276

Sub. H.B. 482 of the 129th General Assembly,

277

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

278

Assembly, Section 3 of Am. Sub. S.B. 160 of the

279

121st General Assembly, and Section 3 of Am. Sub.

280

S.B. 38 of the 120th General Assembly; to repeal

281

Sections 261.10.10, 261.10.20, 261.10.30,

282

261.10.50, 261.10.60, 261.10.80, 261.10.90,

283

261.20.10, 261.20.20, 261.20.70, 261.30.50, and

284

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

285

General Assembly; and Section 2 of Am. Sub. S.B.

286

63 of the 121st General Assembly and to amend the

287

versions of sections 5122.31, 5123.19, and 5123.61

288

of the Revised Code that are scheduled to take

289

effect October 1, 2012, to continue the provisions

290

of this act on and after that effective date; to

291

make operating and other appropriations and to

292

provide authorization and conditions for the

293

operation of state programs.

294

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

Section 101.01. That sections 7.10, 7.16, 9.34, 102.02,	295
103.05, 105.41, 109.57, 109.572, 109.801, 119.032, 121.04, 121.08,	296
121.083, 121.084, 122.07, 123.01, 123.011, 123.07, 123.09, 123.10,	297
123.101, 123.13, 123.14, 123.15, 123.152, 123.17, 123.21, 123.48,	298
123.77, 124.04, 124.06, 124.11, 124.12, 124.14, 124.231, 124.241,	299
124.25, 124.26, 124.27, 124.30, 124.31, 125.082, 125.14, 126.14,	300
135.35, 140.01, 140.03, 140.05, 140.08, 145.01, 145.012, 149.43,	301
151.01, 152.18, 152.24, 153.01, 153.011, 153.013, 153.02, 153.04,	302
153.06, 153.07, 153.08, 153.09, 153.11, 153.12, 153.14, 153.16,	303
153.17, 153.502, 153.503, 153.53, 154.01, 167.04, 173.14, 173.21,	304
173.23, 173.26, 173.27, 173.391, 173.394, 173.40, 173.42, 173.45,	305
173.46, 185.01, 185.02, 185.03, 185.05, 185.06, 185.07, 185.09,	306
185.12, 306.04, 306.36, 306.55, 313.121, 313.122, 313.16, 329.01,	307
329.40, 329.41, 329.42, 329.43, 329.44, 329.45, 329.46, 330.04,	308
339.091, 340.03, 340.05, 340.091, 705.18, 749.04, 749.05, 749.18,	309
901.54, 924.51, 955.16, 955.26, 991.02, 1121.23, 1155.03, 1163.05,	310
1315.141, 1317.05, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	311
1345.05, 1501.04, 1502.01, 1502.02, 1502.03, 1502.04, 1502.05,	312
1502.06, 1502.12, 1502.99, 1503.012, 1503.43, 1506.42, 1509.071,	313
1509.36, 1533.10, 1541.26, 1551.33, 1555.02, 1555.03, 1555.04,	314
1555.05, 1555.06, 1571.14, 1707.08, 1707.391, 1724.03, 1733.47,	315
1751.01, 1751.02, 1751.13, 1761.26, 1901.06, 1901.18, 1907.13,	316
1909.11, 1923.01, 1923.02, 1923.061, 1923.15, 2151.33, 2151.412,	317
2151.86, 2152.121, 2152.22, 2301.01, 2301.03, 2301.18, 2301.20,	318
2301.21, 2301.22, 2301.23, 2301.24, 2301.25, 2301.26, 2301.27,	319
2301.271, 2301.571, 2305.01, 2305.02, 2307.89, 2317.02, 2317.422,	320
2317.56, 2319.27, 2501.02, 2501.16, 2501.17, 2503.01, 2743.02,	321
2743.09, 2743.10, 2743.48, 2746.01, 2746.03, 2746.04, 2901.01,	322
2903.33, 2907.29, 2909.21, 2909.28, 2927.023, 2929.01, 2929.19,	323
2935.01, 2935.03, 2939.11, 2945.371, 2945.38, 2945.39, 2945.40,	324
2945.401, 2961.22, 2967.03, 2967.05, 2967.14, 2967.19, 2967.191,	325
2967.26, 2967.28, 2981.11, 2981.14, 3109.14, 3125.41, 3301.55,	326
3304.14, 3304.16, 3304.181, 3304.182, 3305.01, 3305.02, 3305.03,	327
3305.04, 3305.05, 3305.053, 3305.06, 3313.65, 3313.71, 3313.976,	328
3313.978, 3313.979, 3318.034, 3318.08, 3318.10, 3318.30, 3318.31,	329
3318.36, 3318.37, 3318.70, 3333.04, 3333.041, 3333.123, 3333.21,	330
3333.60, 3333.61, 3333.71, 3333.72, 3334.08, 3345.16, 3345.28,	331
3345.50, 3345.51, 3345.54, 3345.69, 3345.692, 3347.03, 3383.02,	332
3383.07, 3517.20, 3701.021, 3701.023, 3701.024, 3701.025, 3701.03,	333
3701.05, 3701.07, 3701.072, 3701.11, 3701.132, 3701.146, 3701.161,	334
3701.20, 3701.201, 3701.21, 3701.221, 3701.23, 3701.232, 3701.24,	335
3701.241, 3701.242, 3701.248, 3701.341, 3701.342, 3701.343,	336
3701.344, 3701.345, 3701.347, 3701.352, 3701.40, 3701.503,	337
3701.507, 3701.508, 3701.509, 3701.57, 3701.63, 3701.74, 3701.87,	338
3701.881, 3702.141, 3702.31, 3702.51, 3702.52, 3702.522, 3702.523,	339
3702.524, 3702.525, 3702.526, 3702.53, 3702.531, 3702.54, 3702.55,	340
3702.56, 3702.57, 3702.59, 3702.592, 3702.593, 3702.594, 3702.60,	341
3702.62, 3703.01, 3703.03, 3703.04, 3703.05, 3703.06, 3703.07,	342
3703.08, 3703.10, 3703.21, 3703.99, 3704.035, 3705.24, 3705.242,	343
3705.30, 3706.19, 3709.03, 3709.04, 3709.06, 3709.085, 3709.09,	344
3709.092, 3709.32, 3709.35, 3710.01, 3710.02, 3710.04, 3710.05,	345
3710.051, 3710.06, 3710.07, 3710.08, 3710.09, 3710.10, 3710.12,	346
3710.13, 3710.17, 3711.04, 3711.06, 3711.08, 3711.12, 3711.21,	347
3712.03, 3712.04, 3712.09, 3713.01, 3713.02, 3713.03, 3713.04,	348
3713.05, 3713.06, 3713.07, 3713.08, 3713.09, 3713.10, 3714.073,	349
3715.01, 3715.025, 3715.60, 3715.61, 3715.62, 3715.68, 3715.87,	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, 3742.31, 3742.32, 3742.47,	363
3742.50, 3743.04, 3743.06, 3743.19, 3743.25, 3745.01, 3745.05,	364
3745.11, 3745.112, 3748.04, 3748.05, 3748.07, 3748.10, 3748.12,	365
3748.13, 3748.15, 3748.20, 3749.02, 3749.03, 3749.04, 3752.06,	366
3770.06, 3781.03, 3781.06, 3781.102, 3781.11, 3781.112, 3783.05,	367
3791.02, 3791.04, 3791.05, 3791.07, 3791.11, 3791.12, 3793.04,	368
3793.09, 3905.36, 4104.01, 4104.02, 4104.06, 4104.07, 4104.08,	369
4104.09, 4104.10, 4104.101, 4104.12, 4104.15, 4104.16, 4104.17,	370
4104.18, 4104.19, 4104.21, 4104.33, 4104.42, 4104.43, 4104.44,	371
4104.48, 4105.01, 4105.02, 4105.03, 4105.04, 4105.05, 4105.06,	372
4105.09, 4105.11, 4105.12, 4105.13, 4105.15, 4105.16, 4105.17,	373
4105.191, 4105.20, 4105.21, 4115.10, 4115.101, 4121.123, 4121.30,	374
4123.20, 4123.35, 4123.54, 4123.57, 4141.35, 4163.07, 4169.02,	375
4169.03, 4169.04, 4171.04, 4301.30, 4303.181, 4303.22, 4313.02,	376
4501.01, 4501.06, 4501.271, 4503.031, 4503.061, 4503.062, 4503.81,	377
4506.01, 4506.03, 4506.22, 4506.25, 4507.01, 4507.011, 4507.12,	378
4507.51, 4508.02, 4510.037, 4510.038, 4511.191, 4511.78, 4511.98,	379
4513.18, 4513.263, 4513.50, 4712.01, 4723.481, 4730.42, 4731.052,	380
4731.22, 4735.01, 4735.02, 4735.052, 4735.10, 4735.13, 4735.14,	381
4735.141, 4735.142, 4735.74, 4736.01, 4740.03, 4740.11, 4740.14,	382
4743.05, 4763.05, 4765.07, 4773.08, 4781.01, 4781.02, 4781.04,	383
4781.07, 4781.09, 4781.14, 4781.15, 4781.16, 4781.99, 4905.01,	384
4905.02, 4905.03, 4905.05, 4905.06, 4905.402, 4905.54, 4905.57,	385
4905.58, 4905.84, 4905.90, 4907.01, 4907.02, 4907.04, 4907.08,	386
4907.19, 4907.28, 4907.35, 4907.37, 4907.43, 4907.49, 4907.57,	387
4907.59, 4907.60, 4907.61, 4907.62, 4909.01, 4909.02, 4909.03,	388
4909.17, 4909.22, 4909.24, 4909.28, 4911.01, 4927.01, 4929.01,	389
4929.02, 4929.041, 4933.18, 4933.19, 4939.01, 4953.04, 4961.03,	390
4965.54, 5101.01, 5101.46, 5101.60, 5101.61, 5104.012, 5104.013,	391
5104.051, 5104.09, 5104.37, 5107.05, 5107.16, 5107.17, 5111.01,	392
5111.013, 5111.014, 5111.0115, 5111.0120, 5111.031, 5111.032,	393
5111.033, 5111.034, 5111.06, 5111.091, 5111.113, 5111.16,	394
5111.161, 5111.171, 5111.20, 5111.222, 5111.23, 5111.242,	395
5111.254, 5111.862, 5111.874, 5111.877, 5111.878, 5111.89,	396
5111.894, 5111.941, 5111.97, 5112.31, 5112.33, 5112.341, 5112.37,	397
5112.371, 5112.39, 5119.22, 5119.61, 5119.69, 5119.691, 5119.99,	398
5120.036, 5120.105, 5120.132, 5120.66, 5122.31, 5123.01, 5123.033,	399
5123.042, 5123.044, 5123.0412, 5123.0414, 5123.0415, 5123.081,	400
5123.16, 5123.161, 5123.162, 5123.163, 5123.164, 5123.166,	401
5123.169, 5123.171, 5123.19, 5123.31, 5123.38, 5123.41, 5123.50,	402
5123.51, 5123.542, 5123.61, 5123.89, 5126.023, 5126.0220,	403
5126.0221, 5126.043, 5126.046, 5126.055, 5126.13, 5126.15,	404
5126.20, 5126.21, 5126.22, 5126.25, 5126.251, 5126.51, 5139.41,	405
5139.43, 5149.311, 5155.14, 5501.04, 5501.07, 5502.01, 5502.011,	406
5503.02, 5503.04, 5503.21, 5503.22, 5503.23, 5503.34, 5701.13,	407
5703.05, 5705.08, 5705.19, 5705.25, 5705.28, 5705.30, 5705.34,	408
5705.35, 5705.38, 5709.084, 5709.12, 5709.121, 5709.212, 5709.62,	409
5709.63, 5709.632, 5709.73, 5713.03, 5719.13, 5725.14, 5725.15,	410
5725.16, 5725.17, 5725.22, 5725.221, 5731.39, 5733.064, 5739.01,	411
5739.02, 5743.03, 5743.031, 5751.033, 5751.12, 5753.03, 6109.21,	412
6111.46, 6117.39, and 6119.11 be amended; sections 123.011	413
(123.22), 123.024 (123.06), 123.04 (123.02), 123.07 (123.03),	414
123.08 (123.18), 123.09 (123.04), 123.10 (123.05), 123.101	415
(123.27), 123.11 (123.07), 123.13 (123.08), 123.14 (123.09),	416
123.15 (123.10), 123.17 (123.24), 123.21 (123.11), 123.46	417
(123.12), 123.47 (123.13), 123.48 (123.14), 123.49 (123.15),	418
123.77 (123.17), 185.01 (3701.92), 185.02 (3701.923), 185.03	419
(3701.924), 185.05 (3701.925), 185.06 (3701.926), 185.07	420
(3701.927), 185.09 (3701.928), 185.12 (3701.929), 1502.01	421
(3736.01), 1502.02 (3736.03), 1502.03 (3736.02), 1502.04	422
(3736.04), 1502.05 (3736.05), 1502.06 (3736.06), 1502.07	423
(3736.07), 1502.12 (3734.822), 1502.99 (3736.99), 3702.522	424
(3702.521), 3702.523 (3702.522), 3702.524 (3702.523), 3702.525	425
(3702.524), 3702.526 (3702.525), 3733.02 (4781.26), 3733.021	426
(4781.31), 3733.022 (4781.32), 3733.024 (4781.33), 3733.025	427
(4781.34), 3733.03 (4781.27), 3733.04 (4781.28), 3733.05	428
(4781.29), 3733.06 (4781.30), 3733.07 (4781.301), 3733.08	429
(4781.35), 3733.09 (4781.36), 3733.091 (4781.37), 3733.10	430
(4781.38), 3733.101 (4781.39), 3733.11 (4781.40), 3733.12	431
(4781.41), 3733.121 (4781.42), 3733.122 (4781.43), 3733.123	432
(4781.44), 3733.13 (4781.45), 3733.14 (4781.46), 3733.15	433
(4781.47), 3733.16 (4781.48), 3733.17 (4781.49), 3733.18	434
(4781.50), 3733.19 (4781.51), 3733.20 (4781.52), 5123.169	435
(5123.1610), 5503.21 (5502.05), 5503.22 (5502.06), and 5503.23	436
(5502.07) be amended for the purpose of adopting new section	437
numbers as indicated in parentheses; and new sections 123.21,	438
3701.33, 3701.34, 3702.526, 4905.80, 4905.81, 4921.01, 4921.03,	439
4921.05, 4921.07, 4921.09, 4921.11, 4921.13, 4921.15, 4921.16,	440
4921.19, 4921.25, 4921.30, 4921.32, 4921.36, 4921.38, 4923.01,	441
4923.02, 4923.04, 4923.06, 4923.07, 4923.09, 4923.11, 4923.99,	442
5123.169, and 5123.192 and sections 101.312, 121.35, 122.862,	443
123.20, 123.201, 123.23, 123.26, 127.163, 127.164, 166.35,	444
191.01, 191.02, 191.04, 191.06, 505.59, 901.53, 1533.081,	445
3302.043, 3305.031, 3305.032, 3356.10, 3366.05, 3375.405, 3701.77,	446
3701.771, 3701.772, 3701.773, 3701.774, 3701.775, 3701.921,	447
3701.922, 3701.93, 3701.931, 3701.932, 3701.933, 3701.934,	448
3701.935, 3701.936, 3701.937, 3701.938, 3701.9310, 3701.9311,	449
3701.9312, 3701.9314, 3702.511, 3702.527, 3793.041, 3798.01,	450
3798.02, 3798.03, 3798.04, 3798.06, 3798.07, 3798.08, 3798.10,	451
3798.12, 3798.13, 3798.14, 3798.15, 3798.16, 4731.297, 4781.121,	452
4781.54, 4921.21, 4921.34, 4923.15, 4929.042, 5111.246, 5111.946,	453
5111.96, 5112.331, 5139.511, 5705.252, 5705.72, and 5713.012 of	454
the Revised Code be enacted to read as follows:	455

Sec. 7.10. For the publication of advertisements, notices,	456
and proclamations, except those relating to proposed amendments to	457
the Ohio Constitution, required to be published by a public	458
officer of the state,, a benevolent or other public institution, a	459
trustee, assignee, executor, or administrator, or by or in any	460
court of record, except when the rate is otherwise fixed by law,	461
publishers of newspapers may charge and receive for such	462
advertisements, notices, and proclamations rates charged on annual	463
contracts by them for a like amount of space to other advertisers	464
who advertise in its general display advertising columns.	465

For the publication of advertisements, notices, or	466
proclamations required to be published by a public officer of a	467
county, municipal corporation, township, school, or other	468
political subdivision, publishers of newspapers shall establish a	469
government rate, which shall include free publication of	470
advertisements, notices, or proclamations on the newspaper's	471
internet web site, if the newspaper has one. The government rate	472
shall not exceed the lowest classified advertising rate and lowest	473
insert rate paid by other advertisers.	474

Legal advertising, except that relating to proposed	475
amendments to the Ohio Constitution, shall be set up in a compact	476
form, without unnecessary spaces, blanks, or headlines, and	477
printed in not smaller than six-point type. The type used must be	478
of such proportions that the body of the capital letter M is no	479
wider than it is high and all other letters and characters are in	480
proportion.	481

Except as provided in section 2701.09 of the Revised Code,	482
all legal advertisements or notices shall be printed in ~~newspapers~~	483
a newspaper of general circulation ~~and also shall be posted on the~~	484
~~state public notice web site created under section 125.182 of the~~	485
~~Revised Code,~~ and on athe newspaper's internet web site, if the	486
newspaper has one.	487

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

488

(1) "State agency" means any organized body, office, agency,	489
institution, or other entity established by the laws of the state	490
for the exercise of any function of state government, including	491
state institutions of higher education, as defined in section	492
3345.011 of the Revised Code.	493

(2) "Political subdivision" has the meaning defined in	494
section 2744.01 of the Revised Code.	495

(B) If a section of the Revised Code or an administrative	496
rule requires a state agency or a political subdivision ~~of the~~	497
~~state~~ to publish a notice or advertisement two or more times in a	498
newspaper of general circulation and the section or administrative	499
rule refers to this section, the first publication of the notice	500
or advertisement shall be made in its entirety in a newspaper of	501
general circulation and may be made in a preprinted insert in the	502
newspaper, but the second publication otherwise required by that	503
section or administrative rule may be made in abbreviated form in	504
a newspaper of general circulation in the state or in the	505
political subdivision, as designated in that section or	506
administrative rule, and on the newspaper's internet web site, if	507
the newspaper has one. The state agency or political subdivision	508
may eliminate any further newspaper publications required by that	509
section or administrative rule, provided that the second,	510
abbreviated notice or advertisement meets all of the following	511
requirements:	512

(1) It is published in the newspaper of general circulation	513
in which the first publication of the notice or advertisement was	514
made and is published on that newspaper's internet web site, if	515
the newspaper has one.	516

(2) It is published on the state public notice web site	517
established under section 125.182 of the Revised Code.	518

(3) It includes a title, followed by a summary paragraph or	519
statement that clearly describes the specific purpose of the	520
notice or advertisement, and includes a statement that the notice	521
or advertisement is posted in its entirety on the state public	522
notice web site ~~established under section 125.182 of the Revised~~	523
~~Code~~. The notice or advertisement also may be posted on the state	524
agency's or political subdivision's internet web site.	525

~~(3)~~(4) It includes the internet addresses of the state public	526
notice web site, and of the newspaper's and state agency's or	527
political subdivision's internet web site if the notice or	528
advertisement is posted on those web sites, and the name, address,	529
telephone number, and electronic mail address of the state agency,	530
political subdivision, or other party responsible for publication	531
of the notice or advertisement.	532

~~(B)~~(C) A notice or advertisement published under this section	533
on an internet web site shall be published in its entirety in	534
accordance with the section of the Revised Code or the	535
administrative rule that requires the publication.	536

~~(C)~~(D) If ~~a state agency or political subdivision does not~~	537
~~operate and maintain, or ceases to operate and maintain, an~~	538
~~internet web site, and if~~ the state public notice web site	539
established under section 125.182 of the Revised Code is not	540
operational, the state agency or political subdivision shall not	541
publish a notice or advertisement under this section, but instead	542
shall comply with the publication requirements of the section of	543
the Revised Code or the administrative rule that refers to this	544
section.	545

Sec. 9.34. (A) The fiscal year of the state ~~and of~~, every	546
school district, and, beginning July 1, 2013, the city of	547
Cincinnati, shall begin on the first day of July of each calendar	548
year and end at the close of the thirtieth day of June of the	549
succeeding calendar year. The fiscal year of every school library	550
district, and all political subdivisions or taxing ~~districts~~units	551
except school districts and the city of Cincinnati, and of every	552
officer, department, commission, board, or institution thereof,	553
shall begin at the opening of the first day of January of each	554
calendar year and end at the close of the succeeding thirty-first	555
day of December. Except as otherwise provided for school districts	556
and as otherwise provided in division (B) of this section, all	557
laws relating to the levying of taxes, the collection,	558
appropriation, or expenditure of revenues, or the making of	559
financial reports or statements for a fiscal year or other year	560
refer and apply to the fiscal year as defined in this division.	561
Reports required by sections 3319.32 to 3319.37 of the Revised	562
Code shall be for the school year as defined in section 3313.62 of	563
the Revised Code.	564

(B) Nothing in this section prohibits a subdivision, other	565
than a school district or county school financing district, from	566
using a different fiscal year or other fiscal period for one or	567
more of its funds, including when that fiscal year or period is	568
the same as the fiscal year of an entity providing money for the	569
fund or the fiscal period of a capital project. Use of a different	570
fiscal year or period shall be consistent with generally accepted	571
accounting principles, and shall be approved by the fiscal officer	572
of the subdivision and by the auditor of state. If a subdivision	573
uses a different fiscal year or period under this section, the	574
auditor of state may require the subdivision to continue to	575
maintain financial reports or statements on the basis of the	576
fiscal year prescribed by division (A) of this section.	577

(C) Taxes or other revenues collected in or on hand in any	578
fiscal year for the purposes of the next or any subsequent fiscal	579
year shall not be appropriated or expended prior to such next or	580
subsequent year. School district property taxes shall be subject	581
to appropriation as provided in division (B) of section 5705.35 of	582
the Revised Code. Budgets shall be designated and known by the	583
fiscal year for the purposes for which they are made.	584

(D) As used in this section, "fiscal officer," "school	585
library district," "subdivision," and "taxing ~~district~~unit" have	586
the same meanings as in section 5705.01 of the Revised Code.	587

Sec. 101.312. (A) The person serving as the senate sergeant	588
at arms or employed as an assistant senate sergeant at arms has	589
all of the authority of a peace officer as specified in division	590
(B) of this section, and one of the following shall apply to that	591
person:	592

(1) The person is serving as the senate sergeant at arms or	593
is employed as an assistant senate sergeant at arms on the	594
effective date of this section and previously had been awarded a	595
certificate by the executive director of the Ohio peace officer	596
training commission attesting to the person's satisfactory	597
completion of an approved state, county, municipal, or department	598
of natural resources peace officer basic training program.	599

(2) The person previously has been awarded a certificate by	600
the executive director of the Ohio peace officer training	601
commission attesting to the person's satisfactory completion of an	602
approved state, county, municipal, or department of natural	603
resources peace officer basic training program, the person	604
previously has been employed as a peace officer, the prior	605
employment of the person as a peace officer contains no breaks in	606
service that would require the person to receive updated training	607
by the Ohio peace officer training academy, and the person has	608
successfully completed a firearms requalification program under	609
section 109.801 of the Revised Code.	610

(3) The person previously has been awarded a certificate by	611
the executive director of the Ohio peace officer training	612
commission attesting to the person's satisfactory completion of an	613
approved state, county, municipal, or department of natural	614
resources peace officer basic training program, the person	615
previously has been employed as a peace officer, the prior	616
employment of the person as a peace officer contains a break in	617
service of one year or more but not more than four years that	618
would require the person to receive updated training under state	619
law, the person has received all updated training required by law,	620
and the person has successfully completed a firearms	621
requalification program under section 109.801 of the Revised Code.	622

(4) The person previously has been employed as a trooper of	623
the state highway patrol, within one year prior to employment as	624
the senate sergeant at arms the person had arrest authority as a	625
trooper of the state highway patrol, and the person has	626
successfully completed a firearms requalification program under	627
section 109.801 of the Revised Code.	628

(5) The person previously has been employed as a trooper of	629
the state highway patrol, the prior employment as a trooper of the	630
state highway patrol contains a break in service of one year or	631
more but not more than four years that would require the person to	632
receive updated training under state law, the person has received	633
all updated training required by law, and the person has	634
successfully completed a firearms requalification program under	635
section 109.801 of the Revised Code.	636

(B) The senate sergeant at arms and an assistant senate	637
sergeant at arms have the authority specified under section	638
2935.03 of the Revised Code for peace officers to enforce all	639
state laws, municipal ordinances, and township resolutions and to	640
make arrests for any violation of those laws, ordinances, and	641
resolutions in the statehouse or anywhere in the state where the	642
senate sergeant at arms or the assistant sergeant at arms is	643
engaged in the performance of the senate sergeant at arms's or	644
assistant sergeant at arms's official duties. The jurisdiction of	645
the senate sergeant at arms and of an assistant senate sergeant at	646
arms is concurrent with that of peace officers of the county,	647
township, or municipal corporation in which the violation occurs	648
and with the state highway patrol.	649

(C) Upon receiving a written recommendation from the clerk of	650
the senate, the president of the senate may issue to the senate	651
sergeant at arms a commission indicating the sergeant at arms's	652
authority to make arrests as provided in this section. The	653
president of the senate, upon the recommendation of the senate	654
sergeant at arms, may issue to each assistant senate sergeant at	655
arms a commission indicating the assistant sergeant at arms's	656
authority to make arrests as provided in this section. The	657
president of the senate shall furnish a suitable badge to the	658
senate sergeant at arms and to each commissioned assistant senate	659
sergeant at arms as evidence of the senate sergeant at arms's or	660
assistant senate sergeant at arms's authority.	661

(D) In order to maintain employment as the senate sergeant at	662
arms or to be an assistant sergeant at arms with all of the	663
authority of a peace officer, the sergeant at arms or assistant	664
shall comply with all continuing professional training	665
requirements for peace officers established in rules that the	666
attorney general adopts under section 109.74 of the Revised Code	667
and shall comply with firearms requalification requirements	668
established under section 109.801 of the Revised Code. The senate	669
sergeant at arms or assistant sergeant at arms shall provide	670
appropriate proof of the sergeant at arms's or assistant's	671
compliance with the continuing professional training requirements	672
and firearms requalification requirements to the clerk of the	673
senate. The Ohio peace officer training academy, a state, county,	674
municipal, or department of natural resources training program, or	675
any other program offering continuing training of that nature	676
shall admit the senate sergeant at arms or an assistant senate	677
sergeant at arms to all necessary continuing training programs.	678

(E) This section does not affect or abridge the authority or	679
responsibility of the state highway patrol.	680

Sec. 102.02. (A) Except as otherwise provided in division	681
(H) of this section, all of the following shall file with the	682
appropriate ethics commission the disclosure statement described	683
in this division on a form prescribed by the appropriate	684
commission: every person who is elected to or is a candidate for a	685
state, county, or city office and every person who is appointed to	686
fill a vacancy for an unexpired term in such an elective office;	687
all members of the state board of education; the director,	688
assistant directors, deputy directors, division chiefs, or persons	689
of equivalent rank of any administrative department of the state;	690
the president or other chief administrative officer of every state	691
institution of higher education as defined in section 3345.011 of	692
the Revised Code; the executive director and the members of the	693
capitol square review and advisory board appointed or employed	694
pursuant to section 105.41 of the Revised Code; all members of the	695
Ohio casino control commission, the executive director of the	696
commission, all professional employees of the commission, and all	697
technical employees of the commission who perform an internal	698
audit function; the individuals set forth in division (B)(2) of	699
section 187.03 of the Revised Code; the chief executive officer	700
and the members of the board of each state retirement system; each	701
employee of a state retirement board who is a state retirement	702
system investment officer licensed pursuant to section 1707.163 of	703
the Revised Code; the members of the Ohio retirement study council	704
appointed pursuant to division (C) of section 171.01 of the	705
Revised Code; employees of the Ohio retirement study council,	706
other than employees who perform purely administrative or clerical	707
functions; the administrator of workers' compensation and each	708
member of the bureau of workers' compensation board of directors;	709
the bureau of workers' compensation director of investments; the	710
chief investment officer of the bureau of workers' compensation;	711
all members of the board of commissioners on grievances and	712
discipline of the supreme court and the ethics commission created	713
under section 102.05 of the Revised Code; every business manager,	714
treasurer, or superintendent of a city, local, exempted village,	715
joint vocational, or cooperative education school district or an	716
educational service center; every person who is elected to or is a	717
candidate for the office of member of a board of education of a	718
city, local, exempted village, joint vocational, or cooperative	719
education school district or of a governing board of an	720
educational service center that has a total student count of	721
twelve thousand or more as most recently determined by the	722
department of education pursuant to section 3317.03 of the Revised	723
Code; every person who is appointed to the board of education of a	724
municipal school district pursuant to division (B) or (F) of	725
section 3311.71 of the Revised Code; all members of the board of	726
directors of a sanitary district that is established under Chapter	727
6115. of the Revised Code and organized wholly for the purpose of	728
providing a water supply for domestic, municipal, and public use,	729
and that includes two municipal corporations in two counties;	730
every public official or employee who is paid a salary or wage in	731
accordance with schedule C of section 124.15 or schedule E-2 of	732
section 124.152 of the Revised Code; members of the board of	733
trustees and the executive director of the southern Ohio	734
agricultural and community development foundation; all members	735
appointed to the Ohio livestock care standards board under section	736
904.02 of the Revised Code; and every other public official or	737
employee who is designated by the appropriate ethics commission	738
pursuant to division (B) of this section.	739

The disclosure statement shall include all of the following:

740

(1) The name of the person filing the statement and each	741
member of the person's immediate family and all names under which	742
the person or members of the person's immediate family do	743
business;	744

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	745
and except as otherwise provided in section 102.022 of the Revised	746
Code, identification of every source of income, other than income	747
from a legislative agent identified in division (A)(2)(b) of this	748
section, received during the preceding calendar year, in the	749
person's own name or by any other person for the person's use or	750
benefit, by the person filing the statement, and a brief	751
description of the nature of the services for which the income was	752
received. If the person filing the statement is a member of the	753
general assembly, the statement shall identify the amount of every	754
source of income received in accordance with the following ranges	755
of amounts: zero or more, but less than one thousand dollars; one	756
thousand dollars or more, but less than ten thousand dollars; ten	757
thousand dollars or more, but less than twenty-five thousand	758
dollars; twenty-five thousand dollars or more, but less than fifty	759
thousand dollars; fifty thousand dollars or more, but less than	760
one hundred thousand dollars; and one hundred thousand dollars or	761
more. Division (A)(2)(a) of this section shall not be construed to	762
require a person filing the statement who derives income from a	763
business or profession to disclose the individual items of income	764
that constitute the gross income of that business or profession,	765
except for those individual items of income that are attributable	766
to the person's or, if the income is shared with the person, the	767
partner's, solicitation of services or goods or performance,	768
arrangement, or facilitation of services or provision of goods on	769
behalf of the business or profession of clients, including	770
corporate clients, who are legislative agents. A person who files	771
the statement under this section shall disclose the identity of	772
and the amount of income received from a person who the public	773
official or employee knows or has reason to know is doing or	774
seeking to do business of any kind with the public official's or	775
employee's agency.	776

(b) If the person filing the statement is a member of the	777
general assembly, the statement shall identify every source of	778
income and the amount of that income that was received from a	779
legislative agent during the preceding calendar year, in the	780
person's own name or by any other person for the person's use or	781
benefit, by the person filing the statement, and a brief	782
description of the nature of the services for which the income was	783
received. Division (A)(2)(b) of this section requires the	784
disclosure of clients of attorneys or persons licensed under	785
section 4732.12 of the Revised Code, or patients of persons	786
certified under section 4731.14 of the Revised Code, if those	787
clients or patients are legislative agents. Division (A)(2)(b) of	788
this section requires a person filing the statement who derives	789
income from a business or profession to disclose those individual	790
items of income that constitute the gross income of that business	791
or profession that are received from legislative agents.	792

(c) Except as otherwise provided in division (A)(2)(c) of	793
this section, division (A)(2)(a) of this section applies to	794
attorneys, physicians, and other persons who engage in the	795
practice of a profession and who, pursuant to a section of the	796
Revised Code, the common law of this state, a code of ethics	797
applicable to the profession, or otherwise, generally are required	798
not to reveal, disclose, or use confidences of clients, patients,	799
or other recipients of professional services except under	800
specified circumstances or generally are required to maintain	801
those types of confidences as privileged communications except	802
under specified circumstances. Division (A)(2)(a) of this section	803
does not require an attorney, physician, or other professional	804
subject to a confidentiality requirement as described in division	805
(A)(2)(c) of this section to disclose the name, other identity, or	806
address of a client, patient, or other recipient of professional	807
services if the disclosure would threaten the client, patient, or	808
other recipient of professional services, would reveal details of	809
the subject matter for which legal, medical, or professional	810
advice or other services were sought, or would reveal an otherwise	811
privileged communication involving the client, patient, or other	812
recipient of professional services. Division (A)(2)(a) of this	813
section does not require an attorney, physician, or other	814
professional subject to a confidentiality requirement as described	815
in division (A)(2)(c) of this section to disclose in the brief	816
description of the nature of services required by division	817
(A)(2)(a) of this section any information pertaining to specific	818
professional services rendered for a client, patient, or other	819
recipient of professional services that would reveal details of	820
the subject matter for which legal, medical, or professional	821
advice was sought or would reveal an otherwise privileged	822
communication involving the client, patient, or other recipient of	823
professional services.	824

(3) The name of every corporation on file with the secretary	825
of state that is incorporated in this state or holds a certificate	826
of compliance authorizing it to do business in this state, trust,	827
business trust, partnership, or association that transacts	828
business in this state in which the person filing the statement or	829
any other person for the person's use and benefit had during the	830
preceding calendar year an investment of over one thousand dollars	831
at fair market value as of the thirty-first day of December of the	832
preceding calendar year, or the date of disposition, whichever is	833
earlier, or in which the person holds any office or has a	834
fiduciary relationship, and a description of the nature of the	835
investment, office, or relationship. Division (A)(3) of this	836
section does not require disclosure of the name of any bank,	837
savings and loan association, credit union, or building and loan	838
association with which the person filing the statement has a	839
deposit or a withdrawable share account.	840

(4) All fee simple and leasehold interests to which the	841
person filing the statement holds legal title to or a beneficial	842
interest in real property located within the state, excluding the	843
person's residence and property used primarily for personal	844
recreation;	845

(5) The names of all persons residing or transacting business	846
in the state to whom the person filing the statement owes, in the	847
person's own name or in the name of any other person, more than	848
one thousand dollars. Division (A)(5) of this section shall not be	849
construed to require the disclosure of debts owed by the person	850
resulting from the ordinary conduct of a business or profession or	851
debts on the person's residence or real property used primarily	852
for personal recreation, except that the superintendent of	853
financial institutions shall disclose the names of all	854
state-chartered savings and loan associations and of all service	855
corporations subject to regulation under division (E)(2) of	856
section 1151.34 of the Revised Code to whom the superintendent in	857
the superintendent's own name or in the name of any other person	858
owes any money, and that the superintendent and any deputy	859
superintendent of banks shall disclose the names of all	860
state-chartered banks and all bank subsidiary corporations subject	861
to regulation under section 1109.44 of the Revised Code to whom	862
the superintendent or deputy superintendent owes any money.	863

(6) The names of all persons residing or transacting business	864
in the state, other than a depository excluded under division	865
(A)(3) of this section, who owe more than one thousand dollars to	866
the person filing the statement, either in the person's own name	867
or to any person for the person's use or benefit. Division (A)(6)	868
of this section shall not be construed to require the disclosure	869
of clients of attorneys or persons licensed under section 4732.12	870
or 4732.15 of the Revised Code, or patients of persons certified	871
under section 4731.14 of the Revised Code, nor the disclosure of	872
debts owed to the person resulting from the ordinary conduct of a	873
business or profession.	874

(7) Except as otherwise provided in section 102.022 of the	875
Revised Code, the source of each gift of over seventy-five	876
dollars, or of each gift of over twenty-five dollars received by a	877
member of the general assembly from a legislative agent, received	878
by the person in the person's own name or by any other person for	879
the person's use or benefit during the preceding calendar year,	880
except gifts received by will or by virtue of section 2105.06 of	881
the Revised Code, or received from spouses, parents, grandparents,	882
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	883
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	884
fathers-in-law, mothers-in-law, or any person to whom the person	885
filing the statement stands in loco parentis, or received by way	886
of distribution from any inter vivos or testamentary trust	887
established by a spouse or by an ancestor;	888

(8) Except as otherwise provided in section 102.022 of the	889
Revised Code, identification of the source and amount of every	890
payment of expenses incurred for travel to destinations inside or	891
outside this state that is received by the person in the person's	892
own name or by any other person for the person's use or benefit	893
and that is incurred in connection with the person's official	894
duties, except for expenses for travel to meetings or conventions	895
of a national or state organization to which any state agency,	896
including, but not limited to, any legislative agency or state	897
institution of higher education as defined in section 3345.011 of	898
the Revised Code, pays membership dues, or any political	899
subdivision or any office or agency of a political subdivision	900
pays membership dues;	901

(9) Except as otherwise provided in section 102.022 of the	902
Revised Code, identification of the source of payment of expenses	903
for meals and other food and beverages, other than for meals and	904
other food and beverages provided at a meeting at which the person	905
participated in a panel, seminar, or speaking engagement or at a	906
meeting or convention of a national or state organization to which	907
any state agency, including, but not limited to, any legislative	908
agency or state institution of higher education as defined in	909
section 3345.011 of the Revised Code, pays membership dues, or any	910
political subdivision or any office or agency of a political	911
subdivision pays membership dues, that are incurred in connection	912
with the person's official duties and that exceed one hundred	913
dollars aggregated per calendar year;	914

(10) If the disclosure statement is filed by a public	915
official or employee described in division (B)(2) of section	916
101.73 of the Revised Code or division (B)(2) of section 121.63 of	917
the Revised Code who receives a statement from a legislative	918
agent, executive agency lobbyist, or employer that contains the	919
information described in division (F)(2) of section 101.73 of the	920
Revised Code or division (G)(2) of section 121.63 of the Revised	921
Code, all of the nondisputed information contained in the	922
statement delivered to that public official or employee by the	923
legislative agent, executive agency lobbyist, or employer under	924
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	925
the Revised Code.	926

A person may file a statement required by this section in	927
person or by mail. A person who is a candidate for elective office	928
shall file the statement no later than the thirtieth day before	929
the primary, special, or general election at which the candidacy	930
is to be voted on, whichever election occurs soonest, except that	931
a person who is a write-in candidate shall file the statement no	932
later than the twentieth day before the earliest election at which	933
the person's candidacy is to be voted on. A person who holds	934
elective office shall file the statement on or before the	935
fifteenth day of April of each year unless the person is a	936
candidate for office. A person who is appointed to fill a vacancy	937
for an unexpired term in an elective office shall file the	938
statement within fifteen days after the person qualifies for	939
office. Other persons shall file an annual statement on or before	940
the fifteenth day of April or, if appointed or employed after that	941
date, within ninety days after appointment or employment. No	942
person shall be required to file with the appropriate ethics	943
commission more than one statement or pay more than one filing fee	944
for any one calendar year.	945

The appropriate ethics commission, for good cause, may extend	946
for a reasonable time the deadline for filing a statement under	947
this section.	948

A statement filed under this section is subject to public	949
inspection at locations designated by the appropriate ethics	950
commission except as otherwise provided in this section.	951

(B) The Ohio ethics commission, the joint legislative ethics	952
committee, and the board of commissioners on grievances and	953
discipline of the supreme court, using the rule-making procedures	954
of Chapter 119. of the Revised Code, may require any class of	955
public officials or employees under its jurisdiction and not	956
specifically excluded by this section whose positions involve a	957
substantial and material exercise of administrative discretion in	958
the formulation of public policy, expenditure of public funds,	959
enforcement of laws and rules of the state or a county or city, or	960
the execution of other public trusts, to file an annual statement	961
on or before the fifteenth day of April under division (A) of this	962
section. The appropriate ethics commission shall send the public	963
officials or employees written notice of the requirement by the	964
fifteenth day of February of each year the filing is required	965
unless the public official or employee is appointed after that	966
date, in which case the notice shall be sent within thirty days	967
after appointment, and the filing shall be made not later than	968
ninety days after appointment.	969

Except for disclosure statements filed by members of the	970
board of trustees and the executive director of the southern Ohio	971
agricultural and community development foundation, disclosure	972
statements filed under this division with the Ohio ethics	973
commission by members of boards, commissions, or bureaus of the	974
state for which no compensation is received other than reasonable	975
and necessary expenses shall be kept confidential. Disclosure	976
statements filed with the Ohio ethics commission under division	977
(A) of this section by business managers, treasurers, and	978
superintendents of city, local, exempted village, joint	979
vocational, or cooperative education school districts or	980
educational service centers shall be kept confidential, except	981
that any person conducting an audit of any such school district or	982
educational service center pursuant to section 115.56 or Chapter	983
117. of the Revised Code may examine the disclosure statement of	984
any business manager, treasurer, or superintendent of that school	985
district or educational service center. Disclosure statements	986
filed with the Ohio ethics commission under division (A) of this	987
section by the individuals set forth in division (B)(2) of section	988
187.03 of the Revised Code shall be kept confidential. The Ohio	989
ethics commission shall examine each disclosure statement required	990
to be kept confidential to determine whether a potential conflict	991
of interest exists for the person who filed the disclosure	992
statement. A potential conflict of interest exists if the private	993
interests of the person, as indicated by the person's disclosure	994
statement, might interfere with the public interests the person is	995
required to serve in the exercise of the person's authority and	996
duties in the person's office or position of employment. If the	997
commission determines that a potential conflict of interest	998
exists, it shall notify the person who filed the disclosure	999
statement and shall make the portions of the disclosure statement	1000
that indicate a potential conflict of interest subject to public	1001
inspection in the same manner as is provided for other disclosure	1002
statements. Any portion of the disclosure statement that the	1003
commission determines does not indicate a potential conflict of	1004
interest shall be kept confidential by the commission and shall	1005
not be made subject to public inspection, except as is necessary	1006
for the enforcement of Chapters 102. and 2921. of the Revised Code	1007
and except as otherwise provided in this division.	1008

(C) No person shall knowingly fail to file, on or before the	1009
applicable filing deadline established under this section, a	1010
statement that is required by this section.	1011

(D) No person shall knowingly file a false statement that is	1012
required to be filed under this section.	1013

(E)(1) Except as provided in divisions (E)(2) and (3) of this	1014
section, the statement required by division (A) or (B) of this	1015
section shall be accompanied by a filing fee of ~~forty~~sixty	1016
dollars.	1017

(2) The statement required by division (A) of this section	1018
shall be accompanied by the following filing fee to be paid by the	1019
person who is elected or appointed to, or is a candidate for, any	1020
of the following offices:	1021

For state office, except member of the		1022
state board of education	$95	1023
For office of member of general assembly	$40	1024
For county office	$60	1025
For city office	$35	1026
For office of member of the state board		1027
of education	~~$25~~ $35	1028
~~For office of member of the Ohio~~		1029
~~livestock care standards board~~	~~$.....~~	1030
For office of member of a city, local,		1031
exempted village, or cooperative		1032
education board of		1033
education or educational service		1034
center governing board	$30	1035
For position of business manager,		1036
treasurer, or superintendent of a		1037
city, local, exempted village, joint		1038
vocational, or cooperative education		1039
school district or		1040
educational service center	$30	1041

(3) No judge of a court of record or candidate for judge of a	1042
court of record, and no referee or magistrate serving a court of	1043
record, shall be required to pay the fee required under division	1044
(E)(1) or (2) or (F) of this section.	1045

(4) For any public official who is appointed to a nonelective	1046
office of the state and for any employee who holds a nonelective	1047
position in a public agency of the state, the state agency that is	1048
the primary employer of the state official or employee shall pay	1049
the fee required under division (E)(1) or (F) of this section.	1050

(F) If a statement required to be filed under this section is	1051
not filed by the date on which it is required to be filed, the	1052
appropriate ethics commission shall assess the person required to	1053
file the statement a late filing fee of ten dollars for each day	1054
the statement is not filed, except that the total amount of the	1055
late filing fee shall not exceed two hundred fifty dollars.	1056

(G)(1) The appropriate ethics commission other than the Ohio	1057
ethics commission and the joint legislative ethics committee shall	1058
deposit all fees it receives under divisions (E) and (F) of this	1059
section into the general revenue fund of the state.	1060

(2) The Ohio ethics commission shall deposit all receipts,	1061
including, but not limited to, fees it receives under divisions	1062
(E) and (F) of this section, investigative or other fees, costs,	1063
or other funds it receives as a result of court orders, and all	1064
moneys it receives from settlements under division (G) of section	1065
102.06 of the Revised Code, into the Ohio ethics commission fund,	1066
which is hereby created in the state treasury. All moneys credited	1067
to the fund shall be used solely for expenses related to the	1068
operation and statutory functions of the commission.	1069

(3) The joint legislative ethics committee shall deposit all	1070
receipts it receives from the payment of financial disclosure	1071
statement filing fees under divisions (E) and (F) of this section	1072
into the joint legislative ethics committee investigative fund.	1073

(H) Division (A) of this section does not apply to a person	1074
elected or appointed to the office of precinct, ward, or district	1075
committee member under Chapter 3517. of the Revised Code; a	1076
presidential elector; a delegate to a national convention; village	1077
or township officials and employees; any physician or psychiatrist	1078
who is paid a salary or wage in accordance with schedule C of	1079
section 124.15 or schedule E-2 of section 124.152 of the Revised	1080
Code and whose primary duties do not require the exercise of	1081
administrative discretion; or any member of a board, commission,	1082
or bureau of any county or city who receives less than one	1083
thousand dollars per year for serving in that position.	1084

Sec. 103.05. (A) The director of the legislative service	1085
commission shall be the codifier of the rules of the	1086
administrative agencies of the state. When a rule is filed under	1087
section 111.15, 119.04, 4141.14, or 5703.14 of the Revised Code,	1088
the director or the director's designee shall examine the rule. If	1089
the rule is not numbered or if the numbering of the rule is not in	1090
conformity with the system established by the director, the	1091
director shall give the rule its proper number by designating the	1092
proper number on the left hand margin of the rule. The number	1093
shall be the official administrative code number of the rule. Any	1094
number so assigned shall be published in any publication of the	1095
administrative code. Rules of the administrative code shall be	1096
cited and referred to by such official numbers.	1097

The legislative service commission shall, pursuant to section	1098
111.15 of the Revised Code, adopt, amend, and rescind any rules	1099
that are necessary to provide a uniform administrative code; to	1100
provide standards for use by the director in determining whether	1101
to include in the administrative code the full text of, or a	1102
reference to, any rule filed with the commission; to permit the	1103
director to discharge the director's duties and exercise the	1104
director's powers as described in this section; and to permit the	1105
director to discharge the director's duties and exercise the	1106
director's powers with respect to establishing and maintaining,	1107
and enhancing and improving, the electronic rule-filing system	1108
under section 103.0511 of the Revised Code.	1109

When the commission adopts rules to provide standards for use	1110
by the director in determining whether to include the full text	1111
of, or a reference to, a rule in the administrative code, it shall	1112
consider all of the following:	1113

(1) Whether the rule applies uniformly to all citizens of the	1114
state;	1115

(2) Whether the rule applies uniformly to all political	1116
subdivisions of the state;	1117

(3) Whether the rule affects the health, welfare, and safety	1118
of the citizens of the state;	1119

(4) Whether the rule applies only to the internal affairs of	1120
the agency adopting the rule;	1121

(5) The number of persons affected by the rule;

1122

(6) Whether the rule affects the statutory or constitutional	1123
rights of any person.	1124

The director or the director's designee shall accept any rule	1125
that is filed under section 111.15, 119.04, 4141.14, or 5703.14 of	1126
the Revised Code. If the director or the director's designee	1127
accepts a rule that is not in compliance with the rules of the	1128
commission, the director shall give notice of the noncompliance in	1129
electronic form to the agency that filed the rule within thirty	1130
days after the date on which the rule is filed. The notice shall	1131
indicate why the rule does not comply with the rules of the	1132
commission and how the rule can be brought into compliance. The	1133
failure of the director to give an agency notice within the	1134
thirty-day period shall presumptively establish that the rule	1135
complies with the rules of the commission.	1136

(B) Any person may publish an acceptable code. The director	1137
shall approve as acceptable any person's publication of the code	1138
conforming to the requirements of this division.	1139

An Ohio administrative code approved as acceptable by the	1140
director shall:	1141

(1) Contain a compilation of the full text of, or a reference	1142
to, each rule filed under sections 111.15, 119.04, 4141.14, and	1143
5703.14 of the Revised Code;	1144

(2) Presumptively establish the rules of all agencies	1145
adopting rules under section 111.15, 4141.14, 5703.14, or Chapter	1146
119. of the Revised Code that are in effect on the day of its	1147
initial publication;	1148

(3) Contain the full text of, or a reference to, each rule	1149
adopted after its initial publication and be updated at least	1150
quarterly;	1151

(4) Contain an index of the rules and references to rules	1152
that are included in the code and each supplement using terms	1153
easily understood by the general public;	1154

(5) Be published in electronic or print format following, to	1155
the extent possible, the subject matter arrangement of the Revised	1156
Code;	1157

(6) Be numbered according to the numbering system devised by	1158
the director.	1159

(C) ~~If the director does not approve as acceptable any~~	1160
~~publication of the administrative code, the~~The director~~, subject~~	1161
~~to division (D) of this section,~~ may prepare and publish the code,	1162
or contract with any person under this division to prepare and	1163
publish the code. Any code published under this division shall	1164
include all of the requirements of division (B) of this section.	1165
In addition, the director shall furnish any code or supplement	1166
published under this division to any person who requests the code	1167
or supplement upon payment of a charge established by the	1168
director, not to exceed the cost of preparation and publication.	1169

Upon the request of the director of the legislative service	1170
commission under this division, the director of administrative	1171
services, in accordance with the competitive selection procedure	1172
of Chapter 125. of the Revised Code, shall let a contract for the	1173
compilation, preparation, and printing or publication of the	1174
administrative code and supplements.	1175

~~(D) The director shall not prepare and publish the~~	1176
~~administrative code in a print mode or any other mode under~~	1177
~~division (B) or (C) of this section unless no other person is~~	1178
~~willing and qualified to publish a version of the code in that~~	1179
~~mode that the director has approved as acceptable.~~	1180

Sec. 105.41. (A) There is hereby created in the legislative	1181
branch of government the capitol square review and advisory board,	1182
consisting of ~~thirteen~~twelve members as follows:	1183

(1) Two members of the senate, appointed by the president of	1184
the senate, both of whom shall not be members of the same	1185
political party;	1186

(2) Two members of the house of representatives, appointed by	1187
the speaker of the house of representatives, both of whom shall	1188
not be members of the same political party;	1189

(3) ~~Five~~Four members appointed by the governor, with the	1190
advice and consent of the senate, not more than three of whom	1191
shall be members of the same political party, one of whom shall be	1192
the chief of staff of the governor's office, one of whom shall	1193
represent the Ohio arts council, one of whom shall represent the	1194
Ohio historical society, ~~one of whom shall represent the Ohio~~	1195
~~building authority,~~ and one of whom shall represent the public at	1196
large;	1197

(4) One member, who shall be a former president of the	1198
senate, appointed by the current president of the senate. If the	1199
current president of the senate, in the current president's	1200
discretion, decides for any reason not to make the appointment or	1201
if no person is eligible or available to serve, the seat shall	1202
remain vacant.	1203

(5) One member, who shall be a former speaker of the house of	1204
representatives, appointed by the current speaker of the house of	1205
representatives. If the current speaker of the house of	1206
representatives, in the current speaker's discretion, decides for	1207
any reason not to make the appointment or if no person is eligible	1208
or available to serve, the seat shall remain vacant.	1209

(6) The clerk of the senate and the clerk of the house of	1210
representatives.	1211

(B) Terms of office of each appointed member of the board	1212
shall be for three years, except that members of the general	1213
assembly appointed to the board shall be members of the board only	1214
so long as they are members of the general assembly and the chief	1215
of staff of the governor's office shall be a member of the board	1216
only so long as the appointing governor remains in office. Each	1217
member shall hold office from the date of the member's appointment	1218
until the end of the term for which the member was appointed. In	1219
case of a vacancy occurring on the board, the president of the	1220
senate, the speaker of the house of representatives, or the	1221
governor, as the case may be, shall in the same manner prescribed	1222
for the regular appointment to the commission, fill the vacancy by	1223
appointing a member. Any member appointed to fill a vacancy	1224
occurring prior to the expiration of the term for which the	1225
member's predecessor was appointed shall hold office for the	1226
remainder of the term. Any appointed member shall continue in	1227
office subsequent to the expiration date of the member's term	1228
until the member's successor takes office, or until a period of	1229
sixty days has elapsed, whichever occurs first.	1230

(C) The board shall hold meetings in a manner and at times	1231
prescribed by the rules adopted by the board. A majority of the	1232
board constitutes a quorum, and no action shall be taken by the	1233
board unless approved by at least six members or by at least seven	1234
members if a person is appointed under division (A)(4) or (5) of	1235
this section. At its first meeting, the board shall adopt rules	1236
for the conduct of its business and the election of its officers,	1237
and shall organize by selecting a chairperson and other officers	1238
as it considers necessary. Board members shall serve without	1239
compensation but shall be reimbursed for actual and necessary	1240
expenses incurred in the performance of their duties.	1241

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

1242

(1) Employ or hire on a consulting basis professional,	1243
technical, and clerical employees as are necessary for the	1244
performance of its duties. All employees of the board are in the	1245
unclassified service and serve at the pleasure of the board. For	1246
purposes of section 4117.01 of the Revised Code, employees of the	1247
board shall be considered employees of the general assembly,	1248
except that employees who are covered by a collective bargaining	1249
agreement on ~~the effective date of this amendment~~September 29,	1250
2011, shall remain subject to the agreement until the agreement	1251
expires on its terms, and the agreement shall not be extended or	1252
renewed. Upon expiration of the agreement, the employees are	1253
considered employees of the general assembly for purposes of	1254
section 4117.01 of the Revised Code and are in the unclassified	1255
service and serve at the pleasure of the board.	1256

(2) Hold public hearings at times and places as determined by	1257
the board;	1258

(3) Adopt, amend, or rescind rules necessary to accomplish	1259
the duties of the board as set forth in this section;	1260

(4) Sponsor, conduct, and support such social events as the	1261
board may authorize and consider appropriate for the employees of	1262
the board, employees and members of the general assembly,	1263
employees of persons under contract with the board or otherwise	1264
engaged to perform services on the premises of capitol square, or	1265
other persons as the board may consider appropriate. Subject to	1266
the requirements of Chapter 4303. of the Revised Code, the board	1267
may provide beer, wine, and intoxicating liquor, with or without	1268
charge, for those events and may use funds only from the sale of	1269
goods and services fund to purchase the beer, wine, and	1270
intoxicating liquor the board provides;	1271

(5) Purchase a warehouse in which to store items of the	1272
capitol collection trust and, whenever necessary, equipment or	1273
other property of the board.	1274

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

1275

(1) Have sole authority to coordinate and approve any	1276
improvements, additions, and renovations that are made to the	1277
capitol square. The improvements shall include, but not be limited	1278
to, the placement of monuments and sculpture on the capitol	1279
grounds.	1280

(2) Subject to section 3353.07 of the Revised Code, operate	1281
the capitol square, and have sole authority to regulate all uses	1282
of the capitol square. The uses shall include, but not be limited	1283
to, the casual and recreational use of the capitol square.	1284

(3) Employ, fix the compensation of, and prescribe the duties	1285
of the executive director of the board and other employees the	1286
board considers necessary for the performance of its powers and	1287
duties;	1288

(4) Establish and maintain the capitol collection trust. The	1289
capitol collection trust shall consist of furniture, antiques, and	1290
other items of personal property that the board shall store in	1291
suitable facilities until they are ready to be displayed in the	1292
capitol square.	1293

(5) Perform repair, construction, contracting, purchasing,	1294
maintenance, supervisory, and operating activities the board	1295
determines are necessary for the operation and maintenance of the	1296
capitol square;	1297

(6) Maintain and preserve the capitol square, in accordance	1298
with guidelines issued by the United States secretary of the	1299
interior for application of the secretary's standards for	1300
rehabilitation adopted in 36 C.F.R. part 67;	1301

(7) Plan and develop a center at the capitol building for the	1302
purpose of educating visitors about the history of Ohio, including	1303
its political, economic, and social development and the design and	1304
erection of the capitol building and its grounds.	1305

(F)(1) The board shall lease capital facilities improved or	1306
financed by the Ohio building authority pursuant to Chapter 152.	1307
of the Revised Code for the use of the board, and may enter into	1308
any other agreements with the authority ancillary to improvement,	1309
financing, or leasing of those capital facilities, including, but	1310
not limited to, any agreement required by the applicable bond	1311
proceedings authorized by Chapter 152. of the Revised Code. Any	1312
lease of capital facilities authorized by this section shall be	1313
governed by division (D) of section 152.24 of the Revised Code.	1314

(2) Fees, receipts, and revenues received by the board from	1315
the state underground parking garage constitute available receipts	1316
as defined in section 152.09 of the Revised Code, and may be	1317
pledged to the payment of bond service charges on obligations	1318
issued by the Ohio building authority pursuant to Chapter 152. of	1319
the Revised Code to improve, finance, or purchase capital	1320
facilities useful to the board. The authority may, with the	1321
consent of the board, provide in the bond proceedings for a pledge	1322
of all or a portion of those fees, receipts, and revenues as the	1323
authority determines. The authority may provide in the bond	1324
proceedings or by separate agreement with the board for the	1325
transfer of those fees, receipts, and revenues to the appropriate	1326
bond service fund or bond service reserve fund as required to pay	1327
the bond service charges when due, and any such provision for the	1328
transfer of those fees, receipts, and revenues shall be	1329
controlling notwithstanding any other provision of law pertaining	1330
to those fees, receipts, and revenues.	1331

(3) All moneys received by the treasurer of state on account	1332
of the board and required by the applicable bond proceedings or by	1333
separate agreement with the board to be deposited, transferred, or	1334
credited to the bond service fund or bond service reserve fund	1335
established by the bond proceedings shall be transferred by the	1336
treasurer of state to such fund, whether or not it is in the	1337
custody of the treasurer of state, without necessity for further	1338
appropriation, upon receipt of notice from the Ohio building	1339
authority as prescribed in the bond proceedings.	1340

(G) ~~All~~(1) Except as otherwise provided in division (G)(2)	1341
of this section, all fees, receipts, and revenues received by the	1342
board from the state underground parking garage shall be deposited	1343
into the state treasury to the credit of the underground parking	1344
garage operating fund, which is hereby created, to be used for the	1345
purposes specified in division (F) of this section and for the	1346
operation and maintenance of the garage. All investment earnings	1347
of the fund shall be credited to the fund.	1348

(2) There is hereby created the parking garage automated	1349
equipment fund, which shall be in the custody of the treasurer of	1350
state but shall not be part of the state treasury. Money in the	1351
fund shall be used to purchase the automated teller machine	1352
quality dollar bills needed for operation of the parking garage	1353
automated equipment. The fund shall consist of fees, receipts, or	1354
revenues received by the board from the state underground parking	1355
garage; provided, however, that the total amount deposited into	1356
the fund at any one time shall not exceed ten thousand dollars.	1357
All investment earnings of the fund shall be credited to the fund.	1358

(H) All donations received by the board shall be deposited	1359
into the state treasury to the credit of the capitol square	1360
renovation gift fund, which is hereby created. The fund shall be	1361
used by the board as follows:	1362

(1) To provide part or all of the funding related to	1363
construction, goods, or services for the renovation of the capitol	1364
square;	1365

(2) To purchase art, antiques, and artifacts for display at	1366
the capitol square;	1367

(3) To award contracts or make grants to organizations for	1368
educating the public regarding the historical background and	1369
governmental functions of the capitol square. Chapters 125., 127.,	1370
and 153. and section 3517.13 of the Revised Code do not apply to	1371
purchases made exclusively from the fund, notwithstanding anything	1372
to the contrary in those chapters or that section. All investment	1373
earnings of the fund shall be credited to the fund.	1374

(I) Except as provided in divisions (G), (H), and (J) of this	1375
section, all fees, receipts, and revenues received by the board	1376
shall be deposited into the state treasury to the credit of the	1377
sale of goods and services fund, which is hereby created. Money	1378
credited to the fund shall be used solely to pay costs of the	1379
board other than those specified in divisions (F) and (G) of this	1380
section. All investment earnings of the fund shall be credited to	1381
the fund.	1382

(J) There is hereby created in the state treasury the capitol	1383
square improvement fund, to be used by the board to pay	1384
construction, renovation, and other costs related to the capitol	1385
square for which money is not otherwise available to the board.	1386
Whenever the board determines that there is a need to incur those	1387
costs and that the unencumbered, unobligated balance to the credit	1388
of the underground parking garage operating fund exceeds the	1389
amount needed for the purposes specified in division (F) of this	1390
section and for the operation and maintenance of the garage, the	1391
board may request the director of budget and management to	1392
transfer from the underground parking garage operating fund to the	1393
capitol square improvement fund the amount needed to pay such	1394
construction, renovation, or other costs. The director then shall	1395
transfer the amount needed from the excess balance of the	1396
underground parking garage operating fund.	1397

(K) As the operation and maintenance of the capitol square	1398
constitute essential government functions of a public purpose, the	1399
board shall not be required to pay taxes or assessments upon the	1400
square, upon any property acquired or used by the board under this	1401
section, or upon any income generated by the operation of the	1402
square.	1403

(L) As used in this section, "capitol square" means the	1404
capitol building, senate building, capitol atrium, capitol	1405
grounds, the state underground parking garage, and the warehouse	1406
owned by the board.	1407

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

1408

Sec. 109.57. (A)(1) The superintendent of the bureau of	1409
criminal identification and investigation shall procure from	1410
wherever procurable and file for record photographs, pictures,	1411
descriptions, fingerprints, measurements, and other information	1412
that may be pertinent of all persons who have been convicted of	1413
committing within this state a felony, any crime constituting a	1414
misdemeanor on the first offense and a felony on subsequent	1415
offenses, or any misdemeanor described in division (A)(1)(a),	1416
(A)~~(8)~~(5)(a), or (A)~~(10)~~(7)(a) of section 109.572 of the Revised	1417
Code, of all children under eighteen years of age who have been	1418
adjudicated delinquent children for committing within this state	1419
an act that would be a felony or an offense of violence if	1420
committed by an adult or who have been convicted of or pleaded	1421
guilty to committing within this state a felony or an offense of	1422
violence, and of all well-known and habitual criminals. The person	1423
in charge of any county, multicounty, municipal, municipal-county,	1424
or multicounty-municipal jail or workhouse, community-based	1425
correctional facility, halfway house, alternative residential	1426
facility, or state correctional institution and the person in	1427
charge of any state institution having custody of a person	1428
suspected of having committed a felony, any crime constituting a	1429
misdemeanor on the first offense and a felony on subsequent	1430
offenses, or any misdemeanor described in division (A)(1)(a),	1431
(A)~~(8)~~(5)(a), or (A)~~(10)~~(7)(a) of section 109.572 of the Revised	1432
Code or having custody of a child under eighteen years of age with	1433
respect to whom there is probable cause to believe that the child	1434
may have committed an act that would be a felony or an offense of	1435
violence if committed by an adult shall furnish such material to	1436
the superintendent of the bureau. Fingerprints, photographs, or	1437
other descriptive information of a child who is under eighteen	1438
years of age, has not been arrested or otherwise taken into	1439
custody for committing an act that would be a felony or an offense	1440
of violence who is not in any other category of child specified in	1441
this division, if committed by an adult, has not been adjudicated	1442
a delinquent child for committing an act that would be a felony or	1443
an offense of violence if committed by an adult, has not been	1444
convicted of or pleaded guilty to committing a felony or an	1445
offense of violence, and is not a child with respect to whom there	1446
is probable cause to believe that the child may have committed an	1447
act that would be a felony or an offense of violence if committed	1448
by an adult shall not be procured by the superintendent or	1449
furnished by any person in charge of any county, multicounty,	1450
municipal, municipal-county, or multicounty-municipal jail or	1451
workhouse, community-based correctional facility, halfway house,	1452
alternative residential facility, or state correctional	1453
institution, except as authorized in section 2151.313 of the	1454
Revised Code.	1455

(2) Every clerk of a court of record in this state, other	1456
than the supreme court or a court of appeals, shall send to the	1457
superintendent of the bureau a weekly report containing a summary	1458
of each case involving a felony, involving any crime constituting	1459
a misdemeanor on the first offense and a felony on subsequent	1460
offenses, involving a misdemeanor described in division (A)(1)(a),	1461
(A)~~(8)~~(5)(a), or (A)~~(10)~~(7)(a) of section 109.572 of the Revised	1462
Code, or involving an adjudication in a case in which a child	1463
under eighteen years of age was alleged to be a delinquent child	1464
for committing an act that would be a felony or an offense of	1465
violence if committed by an adult. The clerk of the court of	1466
common pleas shall include in the report and summary the clerk	1467
sends under this division all information described in divisions	1468
(A)(2)(a) to (f) of this section regarding a case before the court	1469
of appeals that is served by that clerk. The summary shall be	1470
written on the standard forms furnished by the superintendent	1471
pursuant to division (B) of this section and shall include the	1472
following information:	1473

(a) The incident tracking number contained on the standard	1474
forms furnished by the superintendent pursuant to division (B) of	1475
this section;	1476

(b) The style and number of the case;

1477

1478

(d) The date that the person was convicted of or pleaded	1479
guilty to the offense, adjudicated a delinquent child for	1480
committing the act that would be a felony or an offense of	1481
violence if committed by an adult, found not guilty of the	1482
offense, or found not to be a delinquent child for committing an	1483
act that would be a felony or an offense of violence if committed	1484
by an adult, the date of an entry dismissing the charge, an entry	1485
declaring a mistrial of the offense in which the person is	1486
discharged, an entry finding that the person or child is not	1487
competent to stand trial, or an entry of a nolle prosequi, or the	1488
date of any other determination that constitutes final resolution	1489
of the case;	1490

(e) A statement of the original charge with the section of	1491
the Revised Code that was alleged to be violated;	1492

(f) If the person or child was convicted, pleaded guilty, or	1493
was adjudicated a delinquent child, the sentence or terms of	1494
probation imposed or any other disposition of the offender or the	1495
delinquent child.	1496

If the offense involved the disarming of a law enforcement	1497
officer or an attempt to disarm a law enforcement officer, the	1498
clerk shall clearly state that fact in the summary, and the	1499
superintendent shall ensure that a clear statement of that fact is	1500
placed in the bureau's records.	1501

(3) The superintendent shall cooperate with and assist	1502
sheriffs, chiefs of police, and other law enforcement officers in	1503
the establishment of a complete system of criminal identification	1504
and in obtaining fingerprints and other means of identification of	1505
all persons arrested on a charge of a felony, any crime	1506
constituting a misdemeanor on the first offense and a felony on	1507
subsequent offenses, or a misdemeanor described in division	1508
(A)(1)(a), (A)~~(8)~~(5)(a), or (A)~~(10)~~(7)(a) of section 109.572 of	1509
the Revised Code and of all children under eighteen years of age	1510
arrested or otherwise taken into custody for committing an act	1511
that would be a felony or an offense of violence if committed by	1512
an adult. The superintendent also shall file for record the	1513
fingerprint impressions of all persons confined in a county,	1514
multicounty, municipal, municipal-county, or multicounty-municipal	1515
jail or workhouse, community-based correctional facility, halfway	1516
house, alternative residential facility, or state correctional	1517
institution for the violation of state laws and of all children	1518
under eighteen years of age who are confined in a county,	1519
multicounty, municipal, municipal-county, or multicounty-municipal	1520
jail or workhouse, community-based correctional facility, halfway	1521
house, alternative residential facility, or state correctional	1522
institution or in any facility for delinquent children for	1523
committing an act that would be a felony or an offense of violence	1524
if committed by an adult, and any other information that the	1525
superintendent may receive from law enforcement officials of the	1526
state and its political subdivisions.	1527

(4) The superintendent shall carry out Chapter 2950. of the	1528
Revised Code with respect to the registration of persons who are	1529
convicted of or plead guilty to a sexually oriented offense or a	1530
child-victim oriented offense and with respect to all other duties	1531
imposed on the bureau under that chapter.	1532

(5) The bureau shall perform centralized recordkeeping	1533
functions for criminal history records and services in this state	1534
for purposes of the national crime prevention and privacy compact	1535
set forth in section 109.571 of the Revised Code and is the	1536
criminal history record repository as defined in that section for	1537
purposes of that compact. The superintendent or the	1538
superintendent's designee is the compact officer for purposes of	1539
that compact and shall carry out the responsibilities of the	1540
compact officer specified in that compact.	1541

(B) The superintendent shall prepare and furnish to every	1542
county, multicounty, municipal, municipal-county, or	1543
multicounty-municipal jail or workhouse, community-based	1544
correctional facility, halfway house, alternative residential	1545
facility, or state correctional institution and to every clerk of	1546
a court in this state specified in division (A)(2) of this section	1547
standard forms for reporting the information required under	1548
division (A) of this section. The standard forms that the	1549
superintendent prepares pursuant to this division may be in a	1550
tangible format, in an electronic format, or in both tangible	1551
formats and electronic formats.	1552

(C)(1) The superintendent may operate a center for	1553
electronic, automated, or other data processing for the storage	1554
and retrieval of information, data, and statistics pertaining to	1555
criminals and to children under eighteen years of age who are	1556
adjudicated delinquent children for committing an act that would	1557
be a felony or an offense of violence if committed by an adult,	1558
criminal activity, crime prevention, law enforcement, and criminal	1559
justice, and may establish and operate a statewide communications	1560
network to be known as the Ohio law enforcement gateway to gather	1561
and disseminate information, data, and statistics for the use of	1562
law enforcement agencies and for other uses specified in this	1563
division. The superintendent may gather, store, retrieve, and	1564
disseminate information, data, and statistics that pertain to	1565
children who are under eighteen years of age and that are gathered	1566
pursuant to sections 109.57 to 109.61 of the Revised Code together	1567
with information, data, and statistics that pertain to adults and	1568
that are gathered pursuant to those sections.	1569

(2) The superintendent or the superintendent's designee shall	1570
gather information of the nature described in division (C)(1) of	1571
this section that pertains to the offense and delinquency history	1572
of a person who has been convicted of, pleaded guilty to, or been	1573
adjudicated a delinquent child for committing a sexually oriented	1574
offense or a child-victim oriented offense for inclusion in the	1575
state registry of sex offenders and child-victim offenders	1576
maintained pursuant to division (A)(1) of section 2950.13 of the	1577
Revised Code and in the internet database operated pursuant to	1578
division (A)(13) of that section and for possible inclusion in the	1579
internet database operated pursuant to division (A)(11) of that	1580
section.	1581

(3) In addition to any other authorized use of information,	1582
data, and statistics of the nature described in division (C)(1) of	1583
this section, the superintendent or the superintendent's designee	1584
may provide and exchange the information, data, and statistics	1585
pursuant to the national crime prevention and privacy compact as	1586
described in division (A)(5) of this section.	1587

(4) The attorney general may adopt rules under Chapter 119.	1588
of the Revised Code establishing guidelines for the operation of	1589
and participation in the Ohio law enforcement gateway. The rules	1590
may include criteria for granting and restricting access to	1591
information gathered and disseminated through the Ohio law	1592
enforcement gateway. The attorney general shall permit the state	1593
medical board and board of nursing to access and view, but not	1594
alter, information gathered and disseminated through the Ohio law	1595
enforcement gateway.	1596

The attorney general may appoint a steering committee to	1597
advise the attorney general in the operation of the Ohio law	1598
enforcement gateway that is comprised of persons who are	1599
representatives of the criminal justice agencies in this state	1600
that use the Ohio law enforcement gateway and is chaired by the	1601
superintendent or the superintendent's designee.	1602

(D)(1) The following are not public records under section	1603
149.43 of the Revised Code:	1604

(a) Information and materials furnished to the superintendent	1605
pursuant to division (A) of this section;	1606

(b) Information, data, and statistics gathered or	1607
disseminated through the Ohio law enforcement gateway pursuant to	1608
division (C)(1) of this section;	1609

(c) Information and materials furnished to any board or	1610
person under division (F) or (G) of this section.	1611

(2) The superintendent or the superintendent's designee shall	1612
gather and retain information so furnished under division (A) of	1613
this section that pertains to the offense and delinquency history	1614
of a person who has been convicted of, pleaded guilty to, or been	1615
adjudicated a delinquent child for committing a sexually oriented	1616
offense or a child-victim oriented offense for the purposes	1617
described in division (C)(2) of this section.	1618

(E) The attorney general shall adopt rules, in accordance	1619
with Chapter 119. of the Revised Code, setting forth the procedure	1620
by which a person may receive or release information gathered by	1621
the superintendent pursuant to division (A) of this section. A	1622
reasonable fee may be charged for this service. If a temporary	1623
employment service submits a request for a determination of	1624
whether a person the service plans to refer to an employment	1625
position has been convicted of or pleaded guilty to an offense	1626
listed or described in division (A)(1), (2), or (3)~~, (4), (5),~~or	1627
~~(6)~~ of section 109.572 of the Revised Code, the request shall be	1628
treated as a single request and only one fee shall be charged.	1629

(F)(1) As used in division (F)(2) of this section, "head	1630
start agency" means an entity in this state that has been approved	1631
to be an agency for purposes of subchapter II of the "Community	1632
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	1633
as amended.	1634

(2)(a) In addition to or in conjunction with any request that	1635
is required to be made under section 109.572, 2151.86, 3301.32,	1636
3301.541, division (C) of section 3310.58, or section 3319.39,	1637
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	1638
~~5126.28, 5126.281,~~ or 5153.111 of the Revised Code or that is made	1639
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the	1640
Revised Code, the board of education of any school district; the	1641
director of developmental disabilities; any county board of	1642
developmental disabilities; any ~~entity under contract with a~~	1643
~~county board of developmental disabilities~~provider or	1644
subcontractor as defined in section 5123.081 of the Revised Code;	1645
the chief administrator of any chartered nonpublic school; the	1646
chief administrator of a registered private provider that is not	1647
also a chartered nonpublic school; the chief administrator of any	1648
home health agency; the chief administrator of or person operating	1649
any child day-care center, type A family day-care home, or type B	1650
family day-care home licensed or certified under Chapter 5104. of	1651
the Revised Code; the administrator of any type C family day-care	1652
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	1653
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	1654
general assembly; the chief administrator of any head start	1655
agency; the executive director of a public children services	1656
agency; a private company described in section 3314.41, 3319.392,	1657
3326.25, or 3328.20 of the Revised Code; or an employer described	1658
in division (J)(2) of section 3327.10 of the Revised Code may	1659
request that the superintendent of the bureau investigate and	1660
determine, with respect to any individual who has applied for	1661
employment in any position after October 2, 1989, or any	1662
individual wishing to apply for employment with a board of	1663
education may request, with regard to the individual, whether the	1664
bureau has any information gathered under division (A) of this	1665
section that pertains to that individual. On receipt of the	1666
request, the superintendent shall determine whether that	1667
information exists and, upon request of the person, board, or	1668
entity requesting information, also shall request from the federal	1669
bureau of investigation any criminal records it has pertaining to	1670
that individual. The superintendent or the superintendent's	1671
designee also may request criminal history records from other	1672
states or the federal government pursuant to the national crime	1673
prevention and privacy compact set forth in section 109.571 of the	1674
Revised Code. Within thirty days of the date that the	1675
superintendent receives a request, the superintendent shall send	1676
to the board, entity, or person a report of any information that	1677
the superintendent determines exists, including information	1678
contained in records that have been sealed under section 2953.32	1679
of the Revised Code, and, within thirty days of its receipt, shall	1680
send the board, entity, or person a report of any information	1681
received from the federal bureau of investigation, other than	1682
information the dissemination of which is prohibited by federal	1683
law.	1684

(b) When a board of education or a registered private	1685
provider is required to receive information under this section as	1686
a prerequisite to employment of an individual pursuant to division	1687
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	1688
may accept a certified copy of records that were issued by the	1689
bureau of criminal identification and investigation and that are	1690
presented by an individual applying for employment with the	1691
district in lieu of requesting that information itself. In such a	1692
case, the board shall accept the certified copy issued by the	1693
bureau in order to make a photocopy of it for that individual's	1694
employment application documents and shall return the certified	1695
copy to the individual. In a case of that nature, a district or	1696
provider only shall accept a certified copy of records of that	1697
nature within one year after the date of their issuance by the	1698
bureau.	1699

(c) Notwithstanding division (F)(2)(a) of this section, in	1700
the case of a request under section 3319.39, 3319.391, or 3327.10	1701
of the Revised Code only for criminal records maintained by the	1702
federal bureau of investigation, the superintendent shall not	1703
determine whether any information gathered under division (A) of	1704
this section exists on the person for whom the request is made.	1705

(3) The state board of education may request, with respect to	1706
any individual who has applied for employment after October 2,	1707
1989, in any position with the state board or the department of	1708
education, any information that a school district board of	1709
education is authorized to request under division (F)(2) of this	1710
section, and the superintendent of the bureau shall proceed as if	1711
the request has been received from a school district board of	1712
education under division (F)(2) of this section.	1713

(4) When the superintendent of the bureau receives a request	1714
for information under section 3319.291 of the Revised Code, the	1715
superintendent shall proceed as if the request has been received	1716
from a school district board of education and shall comply with	1717
divisions (F)(2)(a) and (c) of this section.	1718

(5) When a recipient of a classroom reading improvement grant	1719
paid under section 3301.86 of the Revised Code requests, with	1720
respect to any individual who applies to participate in providing	1721
any program or service funded in whole or in part by the grant,	1722
the information that a school district board of education is	1723
authorized to request under division (F)(2)(a) of this section,	1724
the superintendent of the bureau shall proceed as if the request	1725
has been received from a school district board of education under	1726
division (F)(2)(a) of this section.	1727

(G) In addition to or in conjunction with any request that is	1728
required to be made under section 3701.881, 3712.09, or 3721.121,	1729
~~5119.693, or 5119.85~~ of the Revised Code with respect to an	1730
individual who has applied for employment in a position that	1731
involves providing direct care to an older adult or adult	1732
resident, the chief administrator of a home health agency, hospice	1733
care program, home licensed under Chapter 3721. of the Revised	1734
Code, or adult day-care program operated pursuant to rules adopted	1735
under section 3721.04 of the Revised Code~~, adult foster home, or~~	1736
~~adult care facility~~ may request that the superintendent of the	1737
bureau investigate and determine, with respect to any individual	1738
who has applied after January 27, 1997, for employment in a	1739
position that does not involve providing direct care to an older	1740
adult or adult resident, whether the bureau has any information	1741
gathered under division (A) of this section that pertains to that	1742
individual.	1743

In addition to or in conjunction with any request that is	1744
required to be made under section 173.27 of the Revised Code with	1745
respect to an individual who has applied for employment in a	1746
position that involves providing ombudsperson services to	1747
residents of long-term care facilities or recipients of	1748
community-based long-term care services, the state long-term care	1749
ombudsperson, ombudsperson's designee, or director of health may	1750
request that the superintendent investigate and determine, with	1751
respect to any individual who has applied for employment in a	1752
position that does not involve providing such ombudsperson	1753
services, whether the bureau has any information gathered under	1754
division (A) of this section that pertains to that applicant.	1755

In addition to or in conjunction with any request that is	1756
required to be made under section 173.394 of the Revised Code with	1757
respect to an individual who has applied for employment in a	1758
position that involves providing direct care to an individual, the	1759
chief administrator of a community-based long-term care agency may	1760
request that the superintendent investigate and determine, with	1761
respect to any individual who has applied for employment in a	1762
position that does not involve providing direct care, whether the	1763
bureau has any information gathered under division (A) of this	1764
section that pertains to that applicant.	1765

On receipt of a request under this division, the	1766
superintendent shall determine whether that information exists	1767
and, on request of the individual requesting information, shall	1768
also request from the federal bureau of investigation any criminal	1769
records it has pertaining to the applicant. The superintendent or	1770
the superintendent's designee also may request criminal history	1771
records from other states or the federal government pursuant to	1772
the national crime prevention and privacy compact set forth in	1773
section 109.571 of the Revised Code. Within thirty days of the	1774
date a request is received, the superintendent shall send to the	1775
requester a report of any information determined to exist,	1776
including information contained in records that have been sealed	1777
under section 2953.32 of the Revised Code, and, within thirty days	1778
of its receipt, shall send the requester a report of any	1779
information received from the federal bureau of investigation,	1780
other than information the dissemination of which is prohibited by	1781
federal law.	1782

(H) Information obtained by a government entity or person	1783
under this section is confidential and shall not be released or	1784
disseminated.	1785

(I) The superintendent may charge a reasonable fee for	1786
providing information or criminal records under division (F)(2) or	1787
(G) of this section.	1788

(J) As used in this section:

1789

(1) "Sexually oriented offense" and "child-victim oriented	1790
offense" have the same meanings as in section 2950.01 of the	1791
Revised Code.	1792

(2) "Registered private provider" means a nonpublic school or	1793
entity registered with the superintendent of public instruction	1794
under section 3310.41 of the Revised Code to participate in the	1795
autism scholarship program or section 3310.58 of the Revised Code	1796
to participate in the Jon Peterson special needs scholarship	1797
program.	1798

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	1799
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	1800
a completed form prescribed pursuant to division (C)(1) of this	1801
section, and a set of fingerprint impressions obtained in the	1802
manner described in division (C)(2) of this section, the	1803
superintendent of the bureau of criminal identification and	1804
investigation shall conduct a criminal records check in the manner	1805
described in division (B) of this section to determine whether any	1806
information exists that indicates that the person who is the	1807
subject of the request previously has been convicted of or pleaded	1808
guilty to any of the following:	1809

(a) A violation of section 2903.01, 2903.02, 2903.03,	1810
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1811
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1812
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1813
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	1814
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	1815
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1816
2925.06, or 3716.11 of the Revised Code, felonious sexual	1817
penetration in violation of former section 2907.12 of the Revised	1818
Code, a violation of section 2905.04 of the Revised Code as it	1819
existed prior to July 1, 1996, a violation of section 2919.23 of	1820
the Revised Code that would have been a violation of section	1821
2905.04 of the Revised Code as it existed prior to July 1, 1996,	1822
had the violation been committed prior to that date, or a	1823
violation of section 2925.11 of the Revised Code that is not a	1824
minor drug possession offense;	1825

(b) A violation of an existing or former law of this state,	1826
any other state, or the United States that is substantially	1827
equivalent to any of the offenses listed in division (A)(1)(a) of	1828
this section;	1829

(c) If the request is made pursuant to section 3319.39 of the	1830
Revised Code for an applicant who is a teacher, any offense	1831
specified in section 3319.31 of the Revised Code.	1832

(2) ~~On receipt of a request pursuant to section 5123.081 of~~	1833
~~the Revised Code with respect to an applicant for employment in~~	1834
~~any position with the department of developmental disabilities,~~	1835
~~pursuant to section 5126.28 of the Revised Code with respect to an~~	1836
~~applicant for employment in any position with a county board of~~	1837
~~developmental disabilities, or pursuant to section 5126.281 of the~~	1838
~~Revised Code with respect to an applicant for employment in a~~	1839
~~direct services position with an entity contracting with a county~~	1840
~~board for employment, a completed form prescribed pursuant to~~	1841
~~division (C)(1) of this section, and a set of fingerprint~~	1842
~~impressions obtained in the manner described in division (C)(2) of~~	1843
~~this section, the superintendent of the bureau of criminal~~	1844
~~identification and investigation shall conduct a criminal records~~	1845
~~check. The superintendent shall conduct the criminal records check~~	1846
~~in the manner described in division (B) of this section to~~	1847
~~determine whether any information exists that indicates that the~~	1848
~~person who is the subject of the request has been convicted of or~~	1849
~~pleaded guilty to any of the following:~~	1850

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	1851
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	1852
~~2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,~~	1853
~~2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,~~	1854
~~2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,~~	1855
~~2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,~~	1856
~~2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,~~	1857
~~2925.03, or 3716.11 of the Revised Code;~~	1858

~~(b) An existing or former municipal ordinance or law of this~~	1859
~~state, any other state, or the United States that is substantially~~	1860
~~equivalent to any of the offenses listed in division (A)(2)(a) of~~	1861
~~this section.~~	1862

~~(3)~~ On receipt of a request pursuant to section ~~173.27,~~	1863
~~173.394,~~ 3712.09,or 3721.121~~, 5119.693, or 5119.85~~ of the Revised	1864
Code, a completed form prescribed pursuant to division (C)(1) of	1865
this section, and a set of fingerprint impressions obtained in the	1866
manner described in division (C)(2) of this section, the	1867
superintendent of the bureau of criminal identification and	1868
investigation shall conduct a criminal records check with respect	1869
to any person who has applied for employment in a position for	1870
which a criminal records check is required by those sections. The	1871
superintendent shall conduct the criminal records check in the	1872
manner described in division (B) of this section to determine	1873
whether any information exists that indicates that the person who	1874
is the subject of the request previously has been convicted of or	1875
pleaded guilty to any of the following:	1876

(a) A violation of section 2903.01, 2903.02, 2903.03,	1877
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1878
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1879
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1880
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1881
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1882
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1883
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1884
2925.22, 2925.23, or 3716.11 of the Revised Code;	1885

(b) An existing or former law of this state, any other state,	1886
or the United States that is substantially equivalent to any of	1887
the offenses listed in division (A)~~(3)~~(2)(a) of this section.	1888

~~(4) On receipt of a request pursuant to section 3701.881 of~~	1889
~~the Revised Code with respect to an applicant for employment with~~	1890
~~a home health agency as a person responsible for the care,~~	1891
~~custody, or control of a child, a completed form prescribed~~	1892
~~pursuant to division (C)(1) of this section, and a set of~~	1893
~~fingerprint impressions obtained in the manner described in~~	1894
~~division (C)(2) of this section, the superintendent of the bureau~~	1895
~~of criminal identification and investigation shall conduct a~~	1896
~~criminal records check. The superintendent shall conduct the~~	1897
~~criminal records check in the manner described in division (B) of~~	1898
~~this section to determine whether any information exists that~~	1899
~~indicates that the person who is the subject of the request~~	1900
~~previously has been convicted of or pleaded guilty to any of the~~	1901
~~following:~~	1902

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	1903
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	1904
~~2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,~~	1905
~~2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,~~	1906
~~2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,~~	1907
~~2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,~~	1908
~~2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,~~	1909
~~2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a~~	1910
~~violation of section 2925.11 of the Revised Code that is not a~~	1911
~~minor drug possession offense;~~	1912

~~(b) An existing or former law of this state, any other state,~~	1913
~~or the United States that is substantially equivalent to any of~~	1914
~~the offenses listed in division (A)(4)(a) of this section.~~	1915

~~(5)~~(3) On receipt of a request pursuant to section 173.27,	1916
173.394, 3701.881, 5111.032, 5111.033, or 5111.034, 5123.081, or	1917
5123.169 of the Revised Code, a completed form prescribed pursuant	1918
to division (C)(1) of this section, and a set of fingerprint	1919
impressions obtained in the manner described in division (C)(2) of	1920
this section, the superintendent of the bureau of criminal	1921
identification and investigation shall conduct a criminal records	1922
check of the person for whom the request is made. The	1923
superintendent shall conduct the criminal records check in the	1924
manner described in division (B) of this section to determine	1925
whether any information exists that indicates that the person who	1926
is the subject of the request previously has been convicted of,	1927
has pleaded guilty to, or has been found eligible for intervention	1928
in lieu of conviction for any of the following, regardless of the	1929
date of the conviction, the date of entry of the guilty plea, or	1930
the date the person was found eligible for intervention in lieu of	1931
conviction:	1932

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	1933
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	1934
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	1935
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	1936
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	1937
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	1938
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	1939
~~2909.05,~~ 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11,	1940
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11,	1941
2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43,	1942
2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49,	1943
2913.51, 2917.01, 2917.02, 2917.03, ~~2917.11,~~ 2917.31, 2919.12,	1944
2919.121, 2919.123, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	1945
2921.11, 2921.12, 2921.13, 2921.21, 2921.24, 2921.32, 2921.321,	1946
2921.34, 2921.35, 2921.36, ~~2923.01, 2923.02, 2923.03,~~2921.51,	1947
2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21,	1948
2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,	1949
2925.06, 2925.09, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23,	1950
2925.24, 2925.36, 2925.55, 2925.56, 2927.12, or 3716.11 of the	1951
Revised Code~~, felonious~~;	1952

(b) Felonious sexual penetration in violation of former	1953
section 2907.12 of the Revised Code~~, a~~;	1954

(c) A violation of section 2905.04 of the Revised Code as it	1955
existed prior to July 1, 1996~~, a violation of section 2919.23 of~~	1956
~~the Revised Code that would have been a violation of section~~	1957
~~2905.04 of the Revised Code as it existed prior to July 1, 1996,~~	1958
~~had the violation been committed prior to that date~~;	1959

~~(b)~~(d) A violation of section 2923.01, 2923.02, or 2923.03 of	1960
the Revised Code when the underlying offense that is the object of	1961
the conspiracy, attempt, or complicity is one of the offenses	1962
listed in divisions (A)(3)(a) to (c) of this section;	1963

(e) A violation of an existing or former municipal ordinance	1964
or law of this state, any other state, or the United States that	1965
is substantially equivalent to any of the offenses listed in	1966
~~division~~divisions (A)~~(5)~~(3)(a) to (d) of this section.	1967

~~(6) On receipt of a request pursuant to section 3701.881 of~~	1968
~~the Revised Code with respect to an applicant for employment with~~	1969
~~a home health agency in a position that involves providing direct~~	1970
~~care to an older adult, a completed form prescribed pursuant to~~	1971
~~division (C)(1) of this section, and a set of fingerprint~~	1972
~~impressions obtained in the manner described in division (C)(2) of~~	1973
~~this section, the superintendent of the bureau of criminal~~	1974
~~identification and investigation shall conduct a criminal records~~	1975
~~check. The superintendent shall conduct the criminal records check~~	1976
~~in the manner described in division (B) of this section to~~	1977
~~determine whether any information exists that indicates that the~~	1978
~~person who is the subject of the request previously has been~~	1979
~~convicted of or pleaded guilty to any of the following:~~	1980

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	1981
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	1982
~~2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,~~	1983
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,~~	1984
~~2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,~~	1985
~~2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,~~	1986
~~2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,~~	1987
~~2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,~~	1988
~~2925.22, 2925.23, or 3716.11 of the Revised Code;~~	1989

~~(b) An existing or former law of this state, any other state,~~	1990
~~or the United States that is substantially equivalent to any of~~	1991
~~the offenses listed in division (A)(6)(a) of this section.~~	1992

~~(7) When conducting a criminal records check upon a request~~	1993
~~pursuant to section 3319.39 of the Revised Code for an applicant~~	1994
~~who is a teacher, in addition to the determination made under~~	1995
~~division (A)(1) of this section, the superintendent shall~~	1996
~~determine whether any information exists that indicates that the~~	1997
~~person who is the subject of the request previously has been~~	1998
~~convicted of or pleaded guilty to any offense specified in section~~	1999
~~3319.31 of the Revised Code.~~	2000

~~(8)~~(4) On receipt of a request pursuant to section 2151.86 of	2001
the Revised Code, a completed form prescribed pursuant to division	2002
(C)(1) of this section, and a set of fingerprint impressions	2003
obtained in the manner described in division (C)(2) of this	2004
section, the superintendent of the bureau of criminal	2005
identification and investigation shall conduct a criminal records	2006
check in the manner described in division (B) of this section to	2007
determine whether any information exists that indicates that the	2008
person who is the subject of the request previously has been	2009
convicted of or pleaded guilty to any of the following:	2010

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	2011
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	2012
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	2013
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	2014
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	2015
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	2016
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	2017
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	2018
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	2019
of the Revised Code, a violation of section 2905.04 of the Revised	2020
Code as it existed prior to July 1, 1996, a violation of section	2021
2919.23 of the Revised Code that would have been a violation of	2022
section 2905.04 of the Revised Code as it existed prior to July 1,	2023
1996, had the violation been committed prior to that date, a	2024
violation of section 2925.11 of the Revised Code that is not a	2025
minor drug possession offense, two or more OVI or OVUAC violations	2026
committed within the three years immediately preceding the	2027
submission of the application or petition that is the basis of the	2028
request, or felonious sexual penetration in violation of former	2029
section 2907.12 of the Revised Code;	2030

(b) A violation of an existing or former law of this state,	2031
any other state, or the United States that is substantially	2032
equivalent to any of the offenses listed in division (A)~~(8)~~(4)(a)	2033
of this section.	2034

~~(9)~~(5) Upon receipt of a request pursuant to section 5104.012	2035
or 5104.013 of the Revised Code, a completed form prescribed	2036
pursuant to division (C)(1) of this section, and a set of	2037
fingerprint impressions obtained in the manner described in	2038
division (C)(2) of this section, the superintendent of the bureau	2039
of criminal identification and investigation shall conduct a	2040
criminal records check in the manner described in division (B) of	2041
this section to determine whether any information exists that	2042
indicates that the person who is the subject of the request has	2043
been convicted of or pleaded guilty to any of the following:	2044

(a) A violation of section 2903.01, 2903.02, 2903.03,	2045
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	2046
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	2047
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	2048
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	2049
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	2050
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	2051
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	2052
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	2053
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	2054
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	2055
3716.11 of the Revised Code, felonious sexual penetration in	2056
violation of former section 2907.12 of the Revised Code, a	2057
violation of section 2905.04 of the Revised Code as it existed	2058
prior to July 1, 1996, a violation of section 2919.23 of the	2059
Revised Code that would have been a violation of section 2905.04	2060
of the Revised Code as it existed prior to July 1, 1996, had the	2061
violation been committed prior to that date, a violation of	2062
section 2925.11 of the Revised Code that is not a minor drug	2063
possession offense, a violation of section 2923.02 or 2923.03 of	2064
the Revised Code that relates to a crime specified in this	2065
division, or a second violation of section 4511.19 of the Revised	2066
Code within five years of the date of application for licensure or	2067
certification.	2068

(b) A violation of an existing or former law of this state,	2069
any other state, or the United States that is substantially	2070
equivalent to any of the offenses or violations described in	2071
division (A)~~(9)~~(5)(a) of this section.	2072

~~(10)~~(6) Upon receipt of a request pursuant to section	2073
5153.111 of the Revised Code, a completed form prescribed pursuant	2074
to division (C)(1) of this section, and a set of fingerprint	2075
impressions obtained in the manner described in division (C)(2) of	2076
this section, the superintendent of the bureau of criminal	2077
identification and investigation shall conduct a criminal records	2078
check in the manner described in division (B) of this section to	2079
determine whether any information exists that indicates that the	2080
person who is the subject of the request previously has been	2081
convicted of or pleaded guilty to any of the following:	2082

(a) A violation of section 2903.01, 2903.02, 2903.03,	2083
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2084
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2085
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2086
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	2087
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	2088
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	2089
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	2090
felonious sexual penetration in violation of former section	2091
2907.12 of the Revised Code, a violation of section 2905.04 of the	2092
Revised Code as it existed prior to July 1, 1996, a violation of	2093
section 2919.23 of the Revised Code that would have been a	2094
violation of section 2905.04 of the Revised Code as it existed	2095
prior to July 1, 1996, had the violation been committed prior to	2096
that date, or a violation of section 2925.11 of the Revised Code	2097
that is not a minor drug possession offense;	2098

(b) A violation of an existing or former law of this state,	2099
any other state, or the United States that is substantially	2100
equivalent to any of the offenses listed in division (A)~~(10)~~(6)(a)	2101
of this section.	2102

~~(11)~~(7) On receipt of a request for a criminal records check	2103
from an individual pursuant to section 4749.03 or 4749.06 of the	2104
Revised Code, accompanied by a completed copy of the form	2105
prescribed in division (C)(1) of this section and a set of	2106
fingerprint impressions obtained in a manner described in division	2107
(C)(2) of this section, the superintendent of the bureau of	2108
criminal identification and investigation shall conduct a criminal	2109
records check in the manner described in division (B) of this	2110
section to determine whether any information exists indicating	2111
that the person who is the subject of the request has been	2112
convicted of or pleaded guilty to a felony in this state or in any	2113
other state. If the individual indicates that a firearm will be	2114
carried in the course of business, the superintendent shall	2115
require information from the federal bureau of investigation as	2116
described in division (B)(2) of this section. The superintendent	2117
shall report the findings of the criminal records check and any	2118
information the federal bureau of investigation provides to the	2119
director of public safety.	2120

~~(12)~~(8) On receipt of a request pursuant to section 1321.37,	2121
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	2122
Code, a completed form prescribed pursuant to division (C)(1) of	2123
this section, and a set of fingerprint impressions obtained in the	2124
manner described in division (C)(2) of this section, the	2125
superintendent of the bureau of criminal identification and	2126
investigation shall conduct a criminal records check with respect	2127
to any person who has applied for a license, permit, or	2128
certification from the department of commerce or a division in the	2129
department. The superintendent shall conduct the criminal records	2130
check in the manner described in division (B) of this section to	2131
determine whether any information exists that indicates that the	2132
person who is the subject of the request previously has been	2133
convicted of or pleaded guilty to any of the following: a	2134
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	2135
2925.03 of the Revised Code; any other criminal offense involving	2136
theft, receiving stolen property, embezzlement, forgery, fraud,	2137
passing bad checks, money laundering, or drug trafficking, or any	2138
criminal offense involving money or securities, as set forth in	2139
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	2140
the Revised Code; or any existing or former law of this state, any	2141
other state, or the United States that is substantially equivalent	2142
to those offenses.	2143

~~(13)~~(9) On receipt of a request for a criminal records check	2144
from the treasurer of state under section 113.041 of the Revised	2145
Code or from an individual under section 4701.08, 4715.101,	2146
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	2147
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	2148
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	2149
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	2150
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	2151
a completed form prescribed under division (C)(1) of this section	2152
and a set of fingerprint impressions obtained in the manner	2153
described in division (C)(2) of this section, the superintendent	2154
of the bureau of criminal identification and investigation shall	2155
conduct a criminal records check in the manner described in	2156
division (B) of this section to determine whether any information	2157
exists that indicates that the person who is the subject of the	2158
request has been convicted of or pleaded guilty to any criminal	2159
offense in this state or any other state. The superintendent shall	2160
send the results of a check requested under section 113.041 of the	2161
Revised Code to the treasurer of state and shall send the results	2162
of a check requested under any of the other listed sections to the	2163
licensing board specified by the individual in the request.	2164

~~(14)~~(10) On receipt of a request pursuant to section 1121.23,	2165
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	2166
Code, a completed form prescribed pursuant to division (C)(1) of	2167
this section, and a set of fingerprint impressions obtained in the	2168
manner described in division (C)(2) of this section, the	2169
superintendent of the bureau of criminal identification and	2170
investigation shall conduct a criminal records check in the manner	2171
described in division (B) of this section to determine whether any	2172
information exists that indicates that the person who is the	2173
subject of the request previously has been convicted of or pleaded	2174
guilty to any criminal offense under any existing or former law of	2175
this state, any other state, or the United States.	2176

~~(15)~~(11) On receipt of a request for a criminal records check	2177
from an appointing or licensing authority under section 3772.07 of	2178
the Revised Code, a completed form prescribed under division	2179
(C)(1) of this section, and a set of fingerprint impressions	2180
obtained in the manner prescribed in division (C)(2) of this	2181
section, the superintendent of the bureau of criminal	2182
identification and investigation shall conduct a criminal records	2183
check in the manner described in division (B) of this section to	2184
determine whether any information exists that indicates that the	2185
person who is the subject of the request previously has been	2186
convicted of or pleaded guilty or no contest to any offense under	2187
any existing or former law of this state, any other state, or the	2188
United States that is a disqualifying offense as defined in	2189
section 3772.07 of the Revised Code or substantially equivalent to	2190
such an offense.	2191

~~(16) Not later than thirty days after the date the~~	2192
~~superintendent receives a request of a type described in division~~	2193
~~(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),~~	2194
~~(14), or (15) of this section, the completed form, and the~~	2195
~~fingerprint impressions, the superintendent shall send the person,~~	2196
~~board, or entity that made the request any information, other than~~	2197
~~information the dissemination of which is prohibited by federal~~	2198
~~law, the superintendent determines exists with respect to the~~	2199
~~person who is the subject of the request that indicates that the~~	2200
~~person previously has been convicted of or pleaded guilty to any~~	2201
~~offense listed or described in division (A)(1), (2), (3), (4),~~	2202
~~(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this~~	2203
~~section, as appropriate. The superintendent shall send the person,~~	2204
~~board, or entity that made the request a copy of the list of~~	2205
~~offenses specified in division (A)(1), (2), (3), (4), (5), (6),~~	2206
~~(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as~~	2207
~~appropriate. If the request was made under section 3701.881 of the~~	2208
~~Revised Code with regard to an applicant who may be both~~	2209
~~responsible for the care, custody, or control of a child and~~	2210
~~involved in providing direct care to an older adult, the~~	2211
~~superintendent shall provide a list of the offenses specified in~~	2212
~~divisions (A)(4) and (6) of this section.~~	2213

~~Not later than thirty days after the superintendent receives~~	2214
~~a request for a criminal records check pursuant to section 113.041~~	2215
~~of the Revised Code, the completed form, and the fingerprint~~	2216
~~impressions, the superintendent shall send the treasurer of state~~	2217
~~any information, other than information the dissemination of which~~	2218
~~is prohibited by federal law, the superintendent determines exist~~	2219
~~with respect to the person who is the subject of the request that~~	2220
~~indicates that the person previously has been convicted of or~~	2221
~~pleaded guilty to any criminal offense in this state or any other~~	2222
~~state.~~	2223

(12) On receipt of a request pursuant to section 2151.33 or	2224
2151.412 of the Revised Code, a completed form prescribed pursuant	2225
to division (C)(1) of this section, and a set of fingerprint	2226
impressions obtained in the manner described in division (C)(2) of	2227
this section, the superintendent of the bureau of criminal	2228
identification and investigation shall conduct a criminal records	2229
check with respect to any person for whom a criminal records check	2230
is required by that section. The superintendent shall conduct the	2231
criminal records check in the manner described in division (B) of	2232
this section to determine whether any information exists that	2233
indicates that the person who is the subject of the request	2234
previously has been convicted of or pleaded guilty to any of the	2235
following:	2236

(a) A violation of section 2903.01, 2903.02, 2903.03,	2237
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2238
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	2239
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	2240
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	2241
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	2242
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	2243
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	2244
2925.22, 2925.23, or 3716.11 of the Revised Code;	2245

(b) An existing or former law of this state, any other state,	2246
or the United States that is substantially equivalent to any of	2247
the offenses listed in division (A)(12)(a) of this section.	2248

(B) The superintendent shall conduct any criminal records	2249
check ~~requested under section 113.041, 121.08, 173.27, 173.394,~~	2250
~~1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,~~	2251
~~1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,~~	2252
~~3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101, 4717.061,~~	2253
~~4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,~~	2254
~~4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,~~	2255
~~4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,~~	2256
~~4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,~~	2257
~~4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013,~~	2258
~~5111.032, 5111.033, 5111.034, 5119.693, 5119.85, 5123.081,~~	2259
~~5126.28, 5126.281, or 5153.111 of the Revised Code~~to be conducted	2260
under this section as follows:	2261

(1) The superintendent shall review or cause to be reviewed	2262
any relevant information gathered and compiled by the bureau under	2263
division (A) of section 109.57 of the Revised Code that relates to	2264
the person who is the subject of the ~~request~~criminal records	2265
check, including, if the criminal records check was requested	2266
under section 113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03,	2267
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	2268
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	2269
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	2270
5104.013, 5111.032, 5111.033, 5111.034, ~~5119.693, 5119.85,~~	2271
5123.081, ~~5126.28, 5126.281,~~5123.169, or 5153.111 of the Revised	2272
Code, any relevant information contained in records that have been	2273
sealed under section 2953.32 of the Revised Code;	2274

(2) If the request received by the superintendent asks for	2275
information from the federal bureau of investigation, the	2276
superintendent shall request from the federal bureau of	2277
investigation any information it has with respect to the person	2278
who is the subject of the ~~request~~criminal records check,	2279
including fingerprint-based checks of national crime information	2280
databases as described in 42 U.S.C. 671 if the request is made	2281
pursuant to section 2151.86, 5104.012, or 5104.013 of the Revised	2282
Code or if any other Revised Code section requires	2283
fingerprint-based checks of that nature, and shall review or cause	2284
to be reviewed any information the superintendent receives from	2285
that bureau. If a request under section 3319.39 of the Revised	2286
Code asks only for information from the federal bureau of	2287
investigation, the superintendent shall not conduct the review	2288
prescribed by division (B)(1) of this section.	2289

(3) The superintendent or the superintendent's designee may	2290
request criminal history records from other states or the federal	2291
government pursuant to the national crime prevention and privacy	2292
compact set forth in section 109.571 of the Revised Code.	2293

(4) The superintendent shall include in the results of the	2294
criminal records check a list or description of the offenses	2295
listed or described in division (A)(1), (2), (3), (4), (5), (6),	2296
(7), (8), (9), (10), (11), or (12) of this section, whichever	2297
division requires the superintendent to conduct the criminal	2298
records check. The superintendent shall exclude from the results	2299
any information the dissemination of which is prohibited by	2300
federal law.	2301

(5) The superintendent shall send the results of the criminal	2302
records check to the person to whom it is to be sent not later	2303
than the following number of days after the date the	2304
superintendent receives the request for the criminal records	2305
check, the completed form prescribed under division (C)(1) of this	2306
section, and the set of fingerprint impressions obtained in the	2307
manner described in division (C)(2) of this section:	2308

(a) If the superintendent is required by division (A) of this	2309
section (other than division (A)(3) of this section) to conduct	2310
the criminal records check, thirty;	2311

(b) If the superintendent is required by division (A)(3) of	2312
this section to conduct the criminal records check, sixty.	2313

(C)(1) The superintendent shall prescribe a form to obtain	2314
the information necessary to conduct a criminal records check from	2315
any person for whom a criminal records check is ~~requested under~~	2316
~~section 113.041 of the Revised Code or required by section 121.08,~~	2317
~~173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,~~	2318
~~1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,~~	2319
~~3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08,~~	2320
~~4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,~~	2321
~~4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,~~	2322
~~4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,~~	2323
~~4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,~~	2324
~~4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,~~	2325
~~5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,~~	2326
~~5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code~~to be	2327
conducted under this section. The form that the superintendent	2328
prescribes pursuant to this division may be in a tangible format,	2329
in an electronic format, or in both tangible and electronic	2330
formats.	2331

(2) The superintendent shall prescribe standard impression	2332
sheets to obtain the fingerprint impressions of any person for	2333
whom a criminal records check is ~~requested under section 113.041~~	2334
~~of the Revised Code or required by section 121.08, 173.27,~~	2335
~~173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,~~	2336
~~1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,~~	2337
~~3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101,~~	2338
~~4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,~~	2339
~~4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,~~	2340
~~4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,~~	2341
~~4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,~~	2342
~~4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,~~	2343
~~5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,~~	2344
~~5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code~~to be	2345
conducted under this section. Any person for whom a records check	2346
is ~~requested under or required by any of those sections~~to be	2347
conducted under this section shall obtain the fingerprint	2348
impressions at a county sheriff's office, municipal police	2349
department, or any other entity with the ability to make	2350
fingerprint impressions on the standard impression sheets	2351
prescribed by the superintendent. The office, department, or	2352
entity may charge the person a reasonable fee for making the	2353
impressions. The standard impression sheets the superintendent	2354
prescribes pursuant to this division may be in a tangible format,	2355
in an electronic format, or in both tangible and electronic	2356
formats.	2357

(3) Subject to division (D) of this section, the	2358
superintendent shall prescribe and charge a reasonable fee for	2359
providing a criminal records check ~~requested under section~~	2360
~~113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,~~	2361
~~1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,~~	2362
~~2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,~~	2363
~~3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,~~	2364
~~4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,~~	2365
~~4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,~~	2366
~~4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,~~	2367
~~4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,~~	2368
~~5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693,~~	2369
~~5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised~~	2370
~~Code~~under this section. The person ~~making a~~requesting the	2371
criminal records ~~request under any of those sections~~check shall	2372
pay the fee prescribed pursuant to this division. ~~A person making~~	2373
~~a request under section 3701.881 of the Revised Code for a~~	2374
~~criminal records check for an applicant who may be both~~	2375
~~responsible for the care, custody, or control of a child and~~	2376
~~involved in providing direct care to an older adult shall pay one~~	2377
~~fee for the request.~~ In the case of a request under section	2378
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	2379
2151.412, or 5111.032 of the Revised Code, the fee shall be paid	2380
in the manner specified in that section.	2381

(4) The superintendent of the bureau of criminal	2382
identification and investigation may prescribe methods of	2383
forwarding fingerprint impressions and information necessary to	2384
conduct a criminal records check, which methods shall include, but	2385
not be limited to, an electronic method.	2386

(D) ~~A determination whether any information exists that~~	2387
~~indicates that a person previously has been convicted of or~~	2388
~~pleaded guilty to any offense listed or described in division~~	2389
~~(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or~~	2390
~~(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),~~	2391
~~(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15)~~	2392
~~of this section, or that indicates that a person previously has~~	2393
~~been convicted of or pleaded guilty to any criminal offense in~~	2394
~~this state or any other state regarding a criminal records check~~	2395
~~of a type described in division (A)(13) of this section, and that~~	2396
~~is made by the superintendent with respect to information~~	2397
~~considered in~~The results of a criminal records check in	2398
~~accordance with~~conducted under this section is, other than a	2399
criminal records check specified in division (A)(7) of this	2400
section, are valid for the person who is the subject of the	2401
criminal records check for a period of one year from the date upon	2402
which the superintendent ~~makes the determination~~completes the	2403
criminal records check. ~~During the~~If during that period ~~in which~~	2404
~~the determination in regard to a person is valid, if~~the	2405
superintendent receives another request ~~under this section is made~~	2406
for a criminal records check to be conducted under this section	2407
for that person, the superintendent shall provide the ~~information~~	2408
~~that is the basis for the superintendent's initial determination~~	2409
results from the previous criminal records check of the person at	2410
a lower fee than the fee prescribed for the initial criminal	2411
records check.	2412

(E) When the superintendent receives a request for	2413
information from a registered private provider, the superintendent	2414
shall proceed as if the request was received from a school	2415
district board of education under section 3319.39 of the Revised	2416
Code. The superintendent shall apply division (A)~~(7)~~(1)(c) of this	2417
section to any such request for an applicant who is a teacher.	2418

(F) As used in this section:

2419

(1) "Criminal records check" means any criminal records check	2420
conducted by the superintendent of the bureau of criminal	2421
identification and investigation in accordance with division (B)	2422
of this section.	2423

(2) "Minor drug possession offense" has the same meaning as	2424
in section 2925.01 of the Revised Code.	2425

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

2426

~~(4)~~ "OVI or OVUAC violation" means a violation of section	2427
4511.19 of the Revised Code or a violation of an existing or	2428
former law of this state, any other state, or the United States	2429
that is substantially equivalent to section 4511.19 of the Revised	2430
Code.	2431

~~(5)~~(4) "Registered private provider" means a nonpublic school	2432
or entity registered with the superintendent of public instruction	2433
under section 3310.41 of the Revised Code to participate in the	2434
autism scholarship program or section 3310.58 of the Revised Code	2435
to participate in the Jon Peterson special needs scholarship	2436
program.	2437

Sec. 109.801. (A)(1) Each year, any of the following persons	2438
who are authorized to carry firearms in the course of their	2439
official duties shall complete successfully a firearms	2440
requalification program approved by the executive director of the	2441
Ohio peace officer training commission in accordance with rules	2442
adopted by the attorney general pursuant to section 109.743 of the	2443
Revised Code: any peace officer, sheriff, chief of police of an	2444
organized police department of a municipal corporation or	2445
township, chief of police of a township police district or joint	2446
police district police force, superintendent of the state highway	2447
patrol, state highway patrol trooper, or chief of police of a	2448
university or college police department; any parole or probation	2449
officer who carries a firearm in the course of official duties;	2450
the house of representatives sergeant at arms if the house of	2451
representatives sergeant at arms has arrest authority pursuant to	2452
division (E)(1) of section 101.311 of the Revised Code; any	2453
assistant house of representatives sergeant at arms; the senate	2454
sergeant at arms; any assistant senate sergeant at arms; or any	2455
employee of the department of youth services who is designated	2456
pursuant to division (A)(2) of section 5139.53 of the Revised Code	2457
as being authorized to carry a firearm while on duty as described	2458
in that division.	2459

(2) No person listed in division (A)(1) of this section shall	2460
carry a firearm during the course of official duties if the person	2461
does not comply with division (A)(1) of this section.	2462

(B) The hours that a sheriff spends attending a firearms	2463
requalification program required by division (A) of this section	2464
are in addition to the sixteen hours of continuing education that	2465
are required by division (E) of section 311.01 of the Revised	2466
Code.	2467

(C) As used in this section, "firearm" has the same meaning	2468
as in section 2923.11 of the Revised Code.	2469

Sec. 119.032. (A) As used in this section:

2470

(1) "Agency" includes both an agency as defined in division	2471
(A)(2) of section 111.15 and an agency as defined in division (A)	2472
of section 119.01 of the Revised Code.	2473

(2) "Review date" means the review date assigned to a rule by	2474
an agency under division (B) or (E)(2) of this section or under	2475
section 111.15, 119.04, or 4141.14 of the Revised Code or a review	2476
date assigned to a rule by the joint committee on agency rule	2477
review under division (B) of this section.	2478

(3)(a) "Rule" means only a rule whose adoption, amendment, or	2479
rescission is subject to review under division (D) of section	2480
111.15 or division (H) of section 119.03 of the Revised Code.	2481

(b) "Rule" does not include ~~a rule adopted, amended, or~~	2482
~~rescinded by the department of taxation under section 5703.14 of~~	2483
~~the Revised Code,~~ a rule of a state college or university,	2484
community college district, technical college district, or state	2485
community college, or a rule that is consistent with and	2486
equivalent to the form required by a federal law and that does not	2487
exceed the minimum scope and intent of that federal law.	2488

(B) Not later than March 25, 1997, each agency shall assign a	2489
review date to each of its rules that is currently in effect and	2490
shall notify the joint committee on agency rule review of the	2491
review date for each such rule. The agency shall assign review	2492
dates to its rules so that approximately one-fifth of the rules	2493
are scheduled for review during each calendar year of the	2494
five-year period that begins March 25, 1997, except that an	2495
agency, with the joint committee's approval, may set a review	2496
schedule for the agency's rules in which there is no requirement	2497
that approximately one-fifth of the agency's rules be assigned a	2498
review date during each calendar year of the five-year period but	2499
in which all of the agency's rules are assigned a review date	2500
during that five-year period. An agency may change the review	2501
dates it has assigned to specific rules so long as the agency	2502
complies with the five-year time deadline specified in this	2503
division.	2504

Upon the request of the agency that adopted the rule, the	2505
joint committee on agency rule review may extend a review date of	2506
a rule to a date that is not later than one hundred eighty days	2507
after the original review date assigned to the rule by the agency	2508
under this division, division (E)(2) of this section, or section	2509
111.15, 119.04, or 4141.14 of the Revised Code. The joint	2510
committee may further extend a review date that has been extended	2511
under this paragraph if appropriate under the circumstances.	2512

(C) Prior to the review date of a rule, the agency that	2513
adopted the rule shall review the rule to determine all of the	2514
following:	2515

(1) Whether the rule should be continued without amendment,	2516
be amended, or be rescinded, taking into consideration the	2517
purpose, scope, and intent of the statute under which the rule was	2518
adopted;	2519

(2) Whether the rule needs amendment or rescission to give	2520
more flexibility at the local level;	2521

(3) Whether the rule needs amendment or rescission to	2522
eliminate unnecessary paperwork, or whether the rule incorporates	2523
a text or other material by reference and, if so, whether the text	2524
or other material incorporated by reference is deposited or	2525
displayed as required by section 121.74 of the Revised Code and	2526
whether the incorporation by reference meets the standards stated	2527
in sections 121.72, 121.75, and 121.76 of the Revised Code;	2528

(4) Whether the rule duplicates, overlaps with, or conflicts	2529
with other rules;	2530

(5) Whether the rule has an adverse impact on businesses,	2531
reviewing the rule as if it were a draft rule being reviewed under	2532
sections 107.52 and 107.53 of the Revised Code, and whether any	2533
such adverse impact has been eliminated or reduced.	2534

(D) In making the review required under division (C) of this	2535
section, the agency shall consider the continued need for the	2536
rule, the nature of any complaints or comments received concerning	2537
the rule, and any relevant factors that have changed in the	2538
subject matter area affected by the rule.	2539

(E)(1) On or before the designated review date of a rule, the	2540
agency that adopted the rule shall proceed under division (E)(2)	2541
or (5) of this section to indicate that the agency has reviewed	2542
the rule.	2543

(2) If the agency has determined that the rule does not need	2544
to be amended or rescinded, the agency shall file all the	2545
following, in electronic form, with the joint committee on agency	2546
rule review, the secretary of state, and the director of the	2547
legislative service commission: a copy of the rule, a statement of	2548
the agency's determination, and an accurate rule summary and	2549
fiscal analysis for the rule as described in section 127.18 of the	2550
Revised Code. The agency shall assign a new review date to the	2551
rule, which shall not be later than five years after the rule's	2552
immediately preceding review date. After the joint committee has	2553
reviewed such a rule for the first time, including any rule that	2554
was in effect on September 26, 1996, the agency in its subsequent	2555
reviews of the rule may provide the same fiscal analysis it	2556
provided to the joint committee during its immediately preceding	2557
review of the rule unless any of the conditions described in	2558
division (B)(4), (5), (6), (8), (9), or (10) of section 127.18 of	2559
the Revised Code, as they relate to the rule, have appreciably	2560
changed since the joint committee's immediately preceding review	2561
of the rule. If any of these conditions, as they relate to the	2562
rule, have appreciably changed, the agency shall provide the joint	2563
committee with an updated fiscal analysis for the rule. If no	2564
review date is assigned to a rule, or if a review date assigned to	2565
a rule exceeds the five-year maximum, the review date for the rule	2566
is five years after its immediately preceding review date. The	2567
joint committee shall give public notice in the register of Ohio	2568
of the agency's determination after receiving a notice from the	2569
agency under division (E)(2) of this section. The joint committee	2570
shall transmit a copy of the notice in electronic form to the	2571
director of the legislative service commission. The director shall	2572
publish the notice in the register of Ohio for four consecutive	2573
weeks after its receipt.	2574

(3) During the ninety-day period following the date the joint	2575
committee receives a notice under division (E)(2) of this section	2576
but after the four-week period described in division (E)(2) of	2577
this section has ended, the joint committee, by a two-thirds vote	2578
of the members present, may recommend the adoption of a concurrent	2579
resolution invalidating the rule if the joint committee determines	2580
that any of the following apply:	2581

(a) The agency improperly applied the criteria described in	2582
divisions (C) and (D) of this section in reviewing the rule and in	2583
recommending its continuance without amendment or rescission.	2584

(b) The agency failed to file proper notice with the joint	2585
committee regarding the rule, or if the rule incorporates a text	2586
or other material by reference, the agency failed to file, or to	2587
deposit or display, the text or other material incorporated by	2588
reference as required by section 121.73 or 121.74 of the Revised	2589
Code or the incorporation by reference fails to meet the standards	2590
stated in section 121.72, 121.75, or 121.76 of the Revised Code.	2591

(c) The rule has an adverse impact on businesses, as	2592
determined under section 107.52 of the Revised Code, and the	2593
agency has not eliminated or reduced that impact as required under	2594
section 121.82 of the Revised Code.	2595

(4) If the joint committee does not take the action described	2596
in division (E)(3) of this section regarding a rule during the	2597
ninety-day period after the date the joint committee receives a	2598
notice under division (E)(2) of this section regarding that rule,	2599
the rule shall continue in effect without amendment and shall be	2600
next reviewed by the joint committee by the date designated by the	2601
agency in the notice provided to the joint committee under	2602
division (E)(2) of this section.	2603

(5) If the agency has determined that a rule reviewed under	2604
division (C) of this section needs to be amended or rescinded, the	2605
agency, on or before the rule's review date, shall file the rule	2606
as amended or rescinded in accordance with section 111.15, 119.03,	2607
or 4141.14 of the Revised Code, as applicable.	2608

(6) Each agency shall provide the joint committee with a copy	2609
of the rules that it has determined are rules described in	2610
division (A)(3)(b) of this section. At a time the joint committee	2611
designates, each agency shall appear before the joint committee	2612
and explain why it has determined that such rules are rules	2613
described in division (A)(3)(b) of this section. The joint	2614
committee, by a two-thirds vote of the members present, may	2615
determine that any of such rules are rules described in division	2616
(A)(3)(a) of this section. After the joint committee has made such	2617
a determination relating to a rule, the agency shall thereafter	2618
treat the rule as a rule described in division (A)(3)(a) of this	2619
section.	2620

(F) If an agency fails to provide the notice to the joint	2621
committee required under division (E)(2) of this section regarding	2622
a rule or otherwise fails by the rule's review date to take any	2623
action regarding the rule required by this section, the joint	2624
committee, by a majority vote of the members present, may	2625
recommend the adoption of a concurrent resolution invalidating the	2626
rule. The joint committee shall not recommend the adoption of such	2627
a resolution until it has afforded the agency the opportunity to	2628
appear before the joint committee to show cause why the joint	2629
committee should not recommend the adoption of such a resolution	2630
regarding that rule.	2631

(G) If the joint committee recommends adoption of a	2632
concurrent resolution invalidating a rule under division (E)(3) or	2633
(F) of this section, the adoption of the concurrent resolution	2634
shall be in the manner described in division (I) of section 119.03	2635
of the Revised Code.	2636

Sec. 121.04. Offices are created within the several	2637
departments as follows:	2638

In the department of commerce:

2639

		Commissioner of securities;		2640
		Superintendent of real estate and professional licensing;		2641
		Superintendent of financial institutions;		2642
		State fire marshal;		2643
		Superintendent of ~~labor~~ industrial compliance;		2644
		Superintendent of liquor control;		2645
		Superintendent of unclaimed funds.		2646

In the department of administrative services:

2647

		~~State architect and engineer;~~		2648
		Equal employment opportunity coordinator.		2649

In the department of agriculture:

2650

Chiefs of divisions as follows:

2651

		Administration;		2652
		Animal health;		2653
		Livestock environmental permitting;		2654
		Dairy;		2655
		Food safety;		2656
		Plant health;		2657
		Markets;		2658
		Meat inspection;		2659
		Consumer protection laboratory;		2660
		Amusement ride safety;		2661
		Enforcement;		2662
		Weights and measures.		2663

In the department of natural resources:

2664

Chiefs of divisions as follows:

2665

		Mineral resources management;		2666
		Oil and gas resources management;		2667
		Forestry;		2668
		Natural areas and preserves;		2669
		Wildlife;		2670
		Geological survey;		2671
		Parks and recreation;		2672
		Watercraft;		2673
		~~Recycling and litter prevention;~~		2674
		Soil and water resources;		2675
		Engineering.		2676

In the department of insurance:

2677

		Deputy superintendent of insurance;		2678
		Assistant superintendent of insurance, technical;		2679
		Assistant superintendent of insurance, administrative;		2680
		Assistant superintendent of insurance, research.		2681

Sec. 121.08. (A) There is hereby created in the department	2682
of commerce the position of deputy director of administration.	2683
This officer shall be appointed by the director of commerce, serve	2684
under the director's direction, supervision, and control, perform	2685
the duties the director prescribes, and hold office during the	2686
director's pleasure. The director of commerce may designate an	2687
assistant director of commerce to serve as the deputy director of	2688
administration. The deputy director of administration shall	2689
perform the duties prescribed by the director of commerce in	2690
supervising the activities of the division of administration of	2691
the department of commerce.	2692

(B) Except as provided in section 121.07 of the Revised Code,	2693
the department of commerce shall have all powers and perform all	2694
duties vested in the deputy director of administration, the state	2695
fire marshal, the superintendent of financial institutions, the	2696
superintendent of real estate and professional licensing, the	2697
superintendent of liquor control, the superintendent of ~~labor~~	2698
industrial compliance, the superintendent of unclaimed funds, and	2699
the commissioner of securities, and shall have all powers and	2700
perform all duties vested by law in all officers, deputies, and	2701
employees of those offices. Except as provided in section 121.07	2702
of the Revised Code, wherever powers are conferred or duties	2703
imposed upon any of those officers, the powers and duties shall be	2704
construed as vested in the department of commerce.	2705

(C)(1) There is hereby created in the department of commerce	2706
a division of financial institutions, which shall have all powers	2707
and perform all duties vested by law in the superintendent of	2708
financial institutions. Wherever powers are conferred or duties	2709
imposed upon the superintendent of financial institutions, those	2710
powers and duties shall be construed as vested in the division of	2711
financial institutions. The division of financial institutions	2712
shall be administered by the superintendent of financial	2713
institutions.	2714

(2) All provisions of law governing the superintendent of	2715
financial institutions shall apply to and govern the	2716
superintendent of financial institutions provided for in this	2717
section; all authority vested by law in the superintendent of	2718
financial institutions with respect to the management of the	2719
division of financial institutions shall be construed as vested in	2720
the superintendent of financial institutions created by this	2721
section with respect to the division of financial institutions	2722
provided for in this section; and all rights, privileges, and	2723
emoluments conferred by law upon the superintendent of financial	2724
institutions shall be construed as conferred upon the	2725
superintendent of financial institutions as head of the division	2726
of financial institutions. The director of commerce shall not	2727
transfer from the division of financial institutions any of the	2728
functions specified in division (C)(2) of this section.	2729

(D) There is hereby created in the department of commerce a	2730
division of liquor control, which shall have all powers and	2731
perform all duties vested by law in the superintendent of liquor	2732
control. Wherever powers are conferred or duties are imposed upon	2733
the superintendent of liquor control, those powers and duties	2734
shall be construed as vested in the division of liquor control.	2735
The division of liquor control shall be administered by the	2736
superintendent of liquor control.	2737

(E) The director of commerce shall not be interested,	2738
directly or indirectly, in any firm or corporation which is a	2739
dealer in securities as defined in sections 1707.01 and 1707.14 of	2740
the Revised Code, or in any firm or corporation licensed under	2741
sections 1321.01 to 1321.19 of the Revised Code.	2742

(F) The director of commerce shall not have any official	2743
connection with a savings and loan association, a savings bank, a	2744
bank, a bank holding company, a savings and loan association	2745
holding company, a consumer finance company, or a credit union	2746
that is under the supervision of the division of financial	2747
institutions, or a subsidiary of any of the preceding entities, or	2748
be interested in the business thereof.	2749

(G) There is hereby created in the state treasury the	2750
division of administration fund. The fund shall receive	2751
assessments on the operating funds of the department of commerce	2752
in accordance with procedures prescribed by the director of	2753
commerce and approved by the director of budget and management.	2754
All operating expenses of the division of administration shall be	2755
paid from the division of administration fund.	2756

(H) There is hereby created in the department of commerce a	2757
division of real estate and professional licensing, which shall be	2758
under the control and supervision of the director of commerce. The	2759
division of real estate and professional licensing shall be	2760
administered by the superintendent of real estate and professional	2761
licensing. The superintendent of real estate and professional	2762
licensing shall exercise the powers and perform the functions and	2763
duties delegated to the superintendent under Chapters 4735.,	2764
4763., and 4767. of the Revised Code.	2765

(I) There is hereby created in the department of commerce a	2766
division of ~~labor~~industrial compliance, which shall have all	2767
powers and perform all duties vested by law in the superintendent	2768
of ~~labor~~industrial compliance. Wherever powers are conferred or	2769
duties imposed upon the superintendent of ~~labor~~industrial	2770
compliance, those powers and duties shall be construed as vested	2771
in the division of ~~labor~~industrial compliance. The division of	2772
~~labor~~industrial compliance shall be under the control and	2773
supervision of the director of commerce and be administered by the	2774
superintendent of ~~labor~~industrial compliance.	2775

(J) There is hereby created in the department of commerce a	2776
division of unclaimed funds, which shall have all powers and	2777
perform all duties delegated to or vested by law in the	2778
superintendent of unclaimed funds. Wherever powers are conferred	2779
or duties imposed upon the superintendent of unclaimed funds,	2780
those powers and duties shall be construed as vested in the	2781
division of unclaimed funds. The division of unclaimed funds shall	2782
be under the control and supervision of the director of commerce	2783
and shall be administered by the superintendent of unclaimed	2784
funds. The superintendent of unclaimed funds shall exercise the	2785
powers and perform the functions and duties delegated to the	2786
superintendent by the director of commerce under section 121.07	2787
and Chapter 169. of the Revised Code, and as may otherwise be	2788
provided by law.	2789

(K) The department of commerce or a division of the	2790
department created by the Revised Code that is acting with	2791
authorization on the department's behalf may request from the	2792
bureau of criminal identification and investigation pursuant to	2793
section 109.572 of the Revised Code, or coordinate with	2794
appropriate federal, state, and local government agencies to	2795
accomplish, criminal records checks for the persons whose	2796
identities are required to be disclosed by an applicant for the	2797
issuance or transfer of a permit, license, certificate of	2798
registration, or certification issued or transferred by the	2799
department or division. At or before the time of making a request	2800
for a criminal records check, the department or division may	2801
require any person whose identity is required to be disclosed by	2802
an applicant for the issuance or transfer of such a license,	2803
permit, certificate of registration, or certification to submit to	2804
the department or division valid fingerprint impressions in a	2805
format and by any media or means acceptable to the bureau of	2806
criminal identification and investigation and, when applicable,	2807
the federal bureau of investigation. The department or division	2808
may cause the bureau of criminal identification and investigation	2809
to conduct a criminal records check through the federal bureau of	2810
investigation only if the person for whom the criminal records	2811
check would be conducted resides or works outside of this state or	2812
has resided or worked outside of this state during the preceding	2813
five years, or if a criminal records check conducted by the bureau	2814
of criminal identification and investigation within this state	2815
indicates that the person may have a criminal record outside of	2816
this state.	2817

In the case of a criminal records check under section 109.572	2818
of the Revised Code, the department or division shall forward to	2819
the bureau of criminal identification and investigation the	2820
requisite form, fingerprint impressions, and fee described in	2821
division (C) of that section. When requested by the department or	2822
division in accordance with this section, the bureau of criminal	2823
identification and investigation shall request from the federal	2824
bureau of investigation any information it has with respect to the	2825
person who is the subject of the requested criminal records check	2826
and shall forward the requisite fingerprint impressions and	2827
information to the federal bureau of investigation for that	2828
criminal records check. After conducting a criminal records check	2829
or receiving the results of a criminal records check from the	2830
federal bureau of investigation, the bureau of criminal	2831
identification and investigation shall provide the results to the	2832
department or division.	2833

The department or division may require any person about whom	2834
a criminal records check is requested to pay to the department or	2835
division the amount necessary to cover the fee charged to the	2836
department or division by the bureau of criminal identification	2837
and investigation under division (C)(3) of section 109.572 of the	2838
Revised Code, including, when applicable, any fee for a criminal	2839
records check conducted by the federal bureau of investigation.	2840

Sec. 121.083. The superintendent of ~~labor~~industrial	2841
compliance in the department of commerce shall do all of the	2842
following:	2843

(A) Administer and enforce the general laws of this state	2844
pertaining to buildings, pressure piping, boilers, bedding,	2845
upholstered furniture, and stuffed toys, steam engineering,	2846
elevators, plumbing, licensed occupations regulated by the	2847
department, and travel agents, as they apply to plans review,	2848
inspection, code enforcement, testing, licensing, registration,	2849
and certification.	2850

(B) Exercise the powers and perform the duties delegated to	2851
the superintendent by the director of commerce under Chapters	2852
4109., 4111., and 4115. of the Revised Code.	2853

2854

(D) Examine and license persons who desire to act as steam	2855
engineers, to operate steam boilers, and to act as inspectors of	2856
steam boilers, provide for the scope, conduct, and time of such	2857
examinations, provide for, regulate, and enforce the renewal and	2858
revocation of such licenses, inspect and examine steam boilers and	2859
make, publish, and enforce rules and orders for the construction,	2860
installation, inspection, and operation of steam boilers, and do,	2861
require, and enforce all things necessary to make such	2862
examination, inspection, and requirement efficient.	2863

(E) Rent and furnish offices as needed in cities in this	2864
state for the conduct of its affairs.	2865

(F) Oversee a chief of construction and compliance, a chief	2866
of operations and maintenance, a chief of licensing and	2867
certification, a chief of worker protection, and other designees	2868
appointed by the director to perform the duties described in this	2869
section.	2870

(G) Enforce the rules the board of building standards adopts	2871
pursuant to division (A)(2) of section 4104.43 of the Revised Code	2872
under the circumstances described in division (D) of that section.	2873

(H) Accept submissions, establish a fee for submissions, and	2874
review submissions of certified welding and brazing procedure	2875
specifications, procedure qualification records, and performance	2876
qualification records for building services piping as required by	2877
section 4104.44 of the Revised Code.	2878

Sec. 121.084. (A) All moneys collected under sections	2879
3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20,	2880
4169.03, 4171.04, and 5104.051 of the Revised Code, and any other	2881
moneys collected by the division of ~~labor~~industrial compliance	2882
shall be paid into the state treasury to the credit of the ~~labor~~	2883
industrial compliance operating fund, which is hereby created. The	2884
department of commerce shall use the moneys in the fund for paying	2885
the operating expenses of the division and the administrative	2886
assessment described in division (B) of this section.	2887

(B) The director of commerce, with the approval of the	2888
director of budget and management, shall prescribe procedures for	2889
assessing the ~~labor~~industrial compliance operating fund a	2890
proportionate share of the administrative costs of the department	2891
of commerce. The assessment shall be made in accordance with those	2892
procedures and be paid from the ~~labor~~industrial compliance	2893
operating fund to the division of administration fund created in	2894
section 121.08 of the Revised Code.	2895

Sec. 121.35. (A) Subject to division (B) of this section,	2896
the following state agencies shall collaborate to revise and make	2897
more uniform the eligibility standards and eligibility	2898
determination procedures of programs the state agencies	2899
administer:	2900

(1) The department of aging;

2901

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

2902

(3) The department of development;

2903

(4) The department of developmental disabilities;

2904

(5) The department of education;

2905

(6) The department of health;

2906

(7) The department of job and family services;

2907

(8) The department of mental health;

2908

(9) The rehabilitation services commission.

2909

(B) In revising eligibility standards and eligibility	2910
determination procedures, a state agency shall not make any	2911
program's eligibility standards or eligibility determination	2912
procedures inconsistent with state or federal law. To the extent	2913
authorized by state and federal law, the revisions may provide for	2914
the state agencies to share administrative operations.	2915

Sec. 122.07. (A) The department of development may do	2916
~~either~~any of the following:	2917

(1) Disseminate information concerning the industrial,	2918
commercial, governmental, educational, cultural, recreational,	2919
agricultural, and other advantages and attractions of the state;	2920

(2) Provide technical assistance to public and private	2921
agencies in the preparation of promotional programs designed to	2922
attract business, industry, and tourists to the state;	2923

(3) Enter into cooperative or contractual agreements, through	2924
the director of development, with any individual, organization, or	2925
business to create, administer, or otherwise be involved with Ohio	2926
tourism-related promotional programs. Compensation under such	2927
agreements shall be determined by the director and may include	2928
deferred compensation. This compensation is payable from the	2929
travel and tourism cooperative projects fund of the department.	2930
Any excess revenue generated under such a cooperative or	2931
contractual agreement shall be remitted to the fund to be	2932
reinvested in ongoing tourism marketing initiatives as authorized	2933
by law.	2934

(B) Records related to tourism market research submitted to	2935
or generated by the research office of the division of travel and	2936
tourism of the department of development, and any information	2937
taken for any purpose from such research, are not public records	2938
for the purposes of section 149.43 of the Revised Code. The	2939
department may use, however, such tourism market research in a	2940
public report if the director of the department determines that	2941
issuing and distributing the report would promote or market the	2942
state's travel and tourism industry or otherwise advance the	2943
purposes of this section.	2944

Sec. 122.862. There is hereby established in the state	2945
treasury the SellOhio global initiative fund.	2946

Sec. 123.01. (A) The department of administrative services,	2947
in addition to those powers enumerated in Chapters 124. and 125.	2948
of the Revised Code and provided elsewhere by law, shall exercise	2949
the following powers:	2950

(1) ~~To prepare, or contract to be prepared, by licensed~~	2951
~~engineers or architects, surveys, general and detailed plans,~~	2952
~~specifications, bills of materials, and estimates of cost for any~~	2953
~~projects, improvements, or public buildings to be constructed by~~	2954
~~state agencies that may be authorized by legislative~~	2955
~~appropriations or any other funds made available therefor,~~	2956
~~provided that the construction of the projects, improvements, or~~	2957
~~public buildings is a statutory duty of the department. This~~	2958
~~section does not require the independent employment of an~~	2959
~~architect or engineer as provided by section 153.01 of the Revised~~	2960
~~Code in the cases to which that section applies nor affect or~~	2961
~~alter the existing powers of the director of transportation.~~	2962

~~(2) To have general supervision over the construction of any~~	2963
~~projects, improvements, or public buildings constructed for a~~	2964
~~state agency and over the inspection of materials previous to~~	2965
~~their incorporation into those projects, improvements, or~~	2966
~~buildings;~~	2967

~~(3) To make contracts for and supervise the construction of~~	2968
~~any projects and improvements or the construction and repair of~~	2969
~~buildings under the control of a state agency, except contracts~~	2970
~~for the repair of buildings under the management and control of~~	2971
~~the departments of public safety, job and family services, mental~~	2972
~~health, developmental disabilities, rehabilitation and correction,~~	2973
~~and youth services, the bureau of workers' compensation, the~~	2974
~~rehabilitation services commission, and boards of trustees of~~	2975
~~educational and benevolent institutions and except contracts for~~	2976
~~the construction of projects that do not require the issuance of a~~	2977
~~building permit or the issuance of a certificate of occupancy and~~	2978
~~that are necessary to remediate conditions at a hazardous waste~~	2979
~~facility, solid waste facility, or other location at which the~~	2980
~~director of environmental protection has reason to believe there~~	2981
~~is a substantial threat to public health or safety or the~~	2982
~~environment. These contracts shall be made and entered into by the~~	2983
~~directors of public safety, job and family services, mental~~	2984
~~health, developmental disabilities, rehabilitation and correction,~~	2985
~~and youth services, the administrator of workers' compensation,~~	2986
~~the rehabilitation services commission, the boards of trustees of~~	2987
~~such institutions, and the director of environmental protection,~~	2988
~~respectively. All such contracts may be in whole or in part on~~	2989
~~unit price basis of maximum estimated cost, with payment computed~~	2990
~~and made upon actual quantities or units.~~	2991

~~(4)~~ To prepare and suggest comprehensive plans for the	2992
development of grounds and buildings under the control of a state	2993
agency;	2994

~~(5)~~(2) To acquire, by purchase, gift, devise, lease, or	2995
grant, all real estate required by a state agency, in the exercise	2996
of which power the department may exercise the power of eminent	2997
domain, in the manner provided by sections 163.01 to 163.22 of the	2998
Revised Code;	2999

~~(6) To make and provide all plans, specifications, and models~~	3000
~~for the construction and perfection of all systems of sewerage,~~	3001
~~drainage, and plumbing for the state in connection with buildings~~	3002
~~and grounds under the control of a state agency;~~	3003

~~(7)~~(3) To erect, supervise, and maintain all public monuments	3004
and memorials erected by the state, except where the supervision	3005
and maintenance is otherwise provided by law;	3006

~~(8)~~(4) To procure, by lease, storage accommodations for a	3007
state agency;	3008

~~(9)~~(5) To lease or grant easements or licenses for	3009
unproductive and unused lands or other property under the control	3010
of a state agency. Such leases, easements, or licenses ~~shall~~may	3011
be granted to any person or entity, shall be for a period not to	3012
exceed fifteen years, and shall be executed for the state by the	3013
director of administrative services ~~and the governor and shall be~~	3014
~~approved as to form by the attorney general, provided that leases,~~	3015
~~easements, or licenses may be granted to any county, township,~~	3016
~~municipal corporation, port authority, water or sewer district,~~	3017
~~school district, library district, health district, park district,~~	3018
~~soil and water conservation district, conservancy district, or~~	3019
~~other political subdivision or taxing district, or any agency of~~	3020
~~the United States government, for the exclusive use of that~~	3021
~~agency, political subdivision, or taxing district, without any~~	3022
~~right of sublease or assignment, for a period not to exceed~~	3023
~~fifteen years, and~~, provided that the director shall grant leases,	3024
easements, or licenses of university land for periods not to	3025
exceed twenty-five years for purposes approved by the respective	3026
university's board of trustees wherein the uses are compatible	3027
with the uses and needs of the university and may grant leases of	3028
university land for periods not to exceed forty years for purposes	3029
approved by the respective university's board of trustees pursuant	3030
to section ~~123.77~~123.17 of the Revised Code.	3031

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

3032

~~(11)~~(7) To have general supervision and care of the	3033
storerooms, offices, and buildings leased for the use of a state	3034
agency;	3035

~~(12)~~(8) To exercise general custodial care of all real	3036
property of the state;	3037

~~(13)~~(9) To assign and group together state offices in any	3038
city in the state and to establish, in cooperation with the state	3039
agencies involved, rules governing space requirements for office	3040
or storage use;	3041

~~(14)~~(10) To lease for a period not to exceed forty years,	3042
pursuant to a contract providing for the construction thereof	3043
under a lease-purchase plan, buildings, structures, and other	3044
improvements for any public purpose, and, in conjunction	3045
therewith, to grant leases, easements, or licenses for lands under	3046
the control of a state agency for a period not to exceed forty	3047
years. The lease-purchase plan shall provide that at the end of	3048
the lease period, the buildings, structures, and related	3049
improvements, together with the land on which they are situated,	3050
shall become the property of the state without cost.	3051

(a) Whenever any building, structure, or other improvement is	3052
to be so leased by a state agency, the department shall retain	3053
either basic plans, specifications, bills of materials, and	3054
estimates of cost with sufficient detail to afford bidders all	3055
needed information or, alternatively, all of the following plans,	3056
details, bills of materials, and specifications:	3057

(i) Full and accurate plans suitable for the use of mechanics	3058
and other builders in the improvement;	3059

(ii) Details to scale and full sized, so drawn and	3060
represented as to be easily understood;	3061

(iii) Accurate bills showing the exact quantity of different	3062
kinds of material necessary to the construction;	3063

(iv) Definite and complete specifications of the work to be	3064
performed, together with such directions as will enable a	3065
competent mechanic or other builder to carry them out and afford	3066
bidders all needed information;	3067

(v) A full and accurate estimate of each item of expense and	3068
of the aggregate cost thereof.	3069

(b) The department shall give public notice, in such	3070
newspaper, in such form, and with such phraseology as the director	3071
of administrative services prescribes, published once each week	3072
for four consecutive weeks, of the time when and place where bids	3073
will be received for entering into an agreement to lease to a	3074
state agency a building, structure, or other improvement. The last	3075
publication shall be at least eight days preceding the day for	3076
opening the bids. The bids shall contain the terms upon which the	3077
builder would propose to lease the building, structure, or other	3078
improvement to the state agency. The form of the bid approved by	3079
the department shall be used, and a bid is invalid and shall not	3080
be considered unless that form is used without change, alteration,	3081
or addition. Before submitting bids pursuant to this section, any	3082
builder shall comply with Chapter 153. of the Revised Code.	3083

(c) On the day and at the place named for receiving bids for	3084
entering into lease agreements with a state agency, the director	3085
of administrative services shall open the bids and shall publicly	3086
proceed immediately to tabulate the bids upon duplicate sheets. No	3087
lease agreement shall be entered into until the bureau of workers'	3088
compensation has certified that the person to be awarded the lease	3089
agreement has complied with Chapter 4123. of the Revised Code,	3090
until, if the builder submitting the lowest and best bid is a	3091
foreign corporation, the secretary of state has certified that the	3092
corporation is authorized to do business in this state, until, if	3093
the builder submitting the lowest and best bid is a person	3094
nonresident of this state, the person has filed with the secretary	3095
of state a power of attorney designating the secretary of state as	3096
its agent for the purpose of accepting service of summons in any	3097
action brought under Chapter 4123. of the Revised Code, and until	3098
the agreement is submitted to the attorney general and the	3099
attorney general's approval is certified thereon. Within thirty	3100
days after the day on which the bids are received, the department	3101
shall investigate the bids received and shall determine that the	3102
bureau and the secretary of state have made the certifications	3103
required by this section of the builder who has submitted the	3104
lowest and best bid. Within ten days of the completion of the	3105
investigation of the bids, the department shall award the lease	3106
agreement to the builder who has submitted the lowest and best bid	3107
and who has been certified by the bureau and secretary of state as	3108
required by this section. If bidding for the lease agreement has	3109
been conducted upon the basis of basic plans, specifications,	3110
bills of materials, and estimates of costs, upon the award to the	3111
builder the department, or the builder with the approval of the	3112
department, shall appoint an architect or engineer licensed in	3113
this state to prepare such further detailed plans, specifications,	3114
and bills of materials as are required to construct the building,	3115
structure, or improvement. The department shall adopt such rules	3116
as are necessary to give effect to this section. The department	3117
may reject any bid. Where there is reason to believe there is	3118
collusion or combination among bidders, the bids of those	3119
concerned therein shall be rejected.	3120

~~(15)~~(11) To acquire by purchase, gift, devise, or grant and	3121
to transfer, lease, or otherwise dispose of all real property	3122
required to assist in the development of a conversion facility as	3123
defined in section 5709.30 of the Revised Code as that section	3124
existed before its repeal by Amended Substitute House Bill 95 of	3125
the 125th general assembly;	3126

~~(16)~~(12) To lease for a period not to exceed forty years,	3127
notwithstanding any other division of this section, the	3128
state-owned property located at 408-450 East Town Street,	3129
Columbus, Ohio, formerly the state school for the deaf, to a	3130
developer in accordance with this section. "Developer," as used in	3131
this section, has the same meaning as in section 123.77 of the	3132
Revised Code.	3133

Such a lease shall be for the purpose of development of the	3134
land for use by senior citizens by constructing, altering,	3135
renovating, repairing, expanding, and improving the site as it	3136
existed on June 25, 1982. A developer desiring to lease the land	3137
shall prepare for submission to the department a plan for	3138
development. Plans shall include provisions for roads, sewers,	3139
water lines, waste disposal, water supply, and similar matters to	3140
meet the requirements of state and local laws. The plans shall	3141
also include provision for protection of the property by insurance	3142
or otherwise, and plans for financing the development, and shall	3143
set forth details of the developer's financial responsibility.	3144

The department may employ, as employees or consultants,	3145
persons needed to assist in reviewing the development plans. Those	3146
persons may include attorneys, financial experts, engineers, and	3147
other necessary experts. The department shall review the	3148
development plans and may enter into a lease if it finds all of	3149
the following:	3150

(a) The best interests of the state will be promoted by	3151
entering into a lease with the developer;	3152

(b) The development plans are satisfactory;

3153

(c) The developer has established the developer's financial	3154
responsibility and satisfactory plans for financing the	3155
development.	3156

The lease shall contain a provision that construction or	3157
renovation of the buildings, roads, structures, and other	3158
necessary facilities shall begin within one year after the date of	3159
the lease and shall proceed according to a schedule agreed to	3160
between the department and the developer or the lease will be	3161
terminated. The lease shall contain such conditions and	3162
stipulations as the director considers necessary to preserve the	3163
best interest of the state. Moneys received by the state pursuant	3164
to this lease shall be paid into the general revenue fund. The	3165
lease shall provide that at the end of the lease period the	3166
buildings, structures, and related improvements shall become the	3167
property of the state without cost.	3168

~~(17)~~(13) To manage the use of space owned and controlled by	3169
the department, including space in property under the jurisdiction	3170
of the Ohio building authority, by doing all of the following:	3171

(a) Biennially implementing, by state agency location, a	3172
census of agency employees assigned space;	3173

(b) Periodically in the discretion of the director of	3174
administrative services:	3175

(i) Requiring each state agency to categorize the use of	3176
space allotted to the agency between office space, common areas,	3177
storage space, and other uses, and to report its findings to the	3178
department;	3179

(ii) Creating and updating a master space utilization plan	3180
for all space allotted to state agencies. The plan shall	3181
incorporate space utilization metrics.	3182

(iii) Conducting a cost-benefit analysis to determine the	3183
effectiveness of state-owned buildings;	3184

(iv) Assessing the alternatives associated with consolidating	3185
the commercial leases for buildings located in Columbus.	3186

(c) Commissioning a comprehensive space utilization and	3187
capacity study in order to determine the feasibility of	3188
consolidating existing commercially leased space used by state	3189
agencies into a new state-owned facility.	3190

(14) To adopt rules to ensure that energy efficiency and	3191
conservation is considered in the purchase of products and	3192
equipment, except motor vehicles, by any state agency, department,	3193
division, bureau, office, unit, board, commission, authority,	3194
quasi-governmental entity, or institution. The department may	3195
require minimum energy efficiency standards for purchased products	3196
and equipment based on federal testing and labeling if available	3197
or on standards developed by the department. When possible, the	3198
rules shall apply to the competitive selection of energy consuming	3199
systems, components, and equipment under Chapter 125. of the	3200
Revised Code.	3201

(15) To ensure energy efficient and energy conserving	3202
purchasing practices by doing all of the following:	3203

(a) Identifying available energy efficiency and conservation	3204
opportunities;	3205

(b) Providing for interchange of information among purchasing	3206
agencies;	3207

(c) Identifying laws, policies, rules, and procedures that	3208
should be modified;	3209

(d) Monitoring experience with and the cost-effectiveness of	3210
this state's purchase and use of motor vehicles and of major	3211
energy-consuming systems, components, equipment, and products	3212
having a significant impact on energy consumption by the	3213
government;	3214

(e) Providing technical assistance and training to state	3215
employees involved in the purchasing process;	3216

(f) Working with the department of development to make	3217
recommendations regarding planning and implementation of	3218
purchasing policies and procedures that are supportive of energy	3219
efficiency and conservation.	3220

(16) To require all state agencies, departments, divisions,	3221
bureaus, offices, units, commissions, boards, authorities,	3222
quasi-governmental entities, institutions, and state institutions	3223
of higher education to implement procedures to ensure that all of	3224
the passenger automobiles they acquire in each fiscal year, except	3225
for those passenger automobiles acquired for use in law	3226
enforcement or emergency rescue work, achieve a fleet average fuel	3227
economy of not less than the fleet average fuel economy for that	3228
fiscal year as the department shall prescribe by rule. The	3229
department shall adopt the rule prior to the beginning of the	3230
fiscal year, in accordance with the average fuel economy standards	3231
established by federal law for passenger automobiles manufactured	3232
during the model year that begins during the fiscal year.	3233

Each state agency, department, division, bureau, office,	3234
unit, commission, board, authority, quasi-governmental entity,	3235
institution, and state institution of higher education shall	3236
determine its fleet average fuel economy by dividing the total	3237
number of passenger vehicles acquired during the fiscal year,	3238
except for those passenger vehicles acquired for use in law	3239
enforcement or emergency rescue work, by a sum of terms, each of	3240
which is a fraction created by dividing the number of passenger	3241
vehicles of a given make, model, and year, except for passenger	3242
vehicles acquired for use in law enforcement or emergency rescue	3243
work, acquired during the fiscal year by the fuel economy measured	3244
by the administrator of the United States environmental protection	3245
agency, for the given make, model, and year of vehicle, that	3246
constitutes an average fuel economy for combined city and highway	3247
driving.	3248

As used in division (A)(16) of this section, "acquired" means	3249
leased for a period of sixty continuous days or more, or	3250
purchased.	3251

(B) This section and section 125.02 of the Revised Code shall	3252
not interfere with any of the following:	3253

(1) The power of the adjutant general to purchase military	3254
supplies, or with the custody of the adjutant general of property	3255
leased, purchased, or constructed by the state and used for	3256
military purposes, or with the functions of the adjutant general	3257
as director of state armories;	3258

(2) The power of the director of transportation in acquiring	3259
rights-of-way for the state highway system, or the leasing of	3260
lands for division or resident district offices, or the leasing of	3261
lands or buildings required in the maintenance operations of the	3262
department of transportation, or the purchase of real property for	3263
garage sites or division or resident district offices, or in	3264
preparing plans and specifications for and constructing such	3265
buildings as the director may require in the administration of the	3266
department;	3267

(3) The power of the director of public safety and the	3268
registrar of motor vehicles to purchase or lease real property and	3269
buildings to be used solely as locations to which a deputy	3270
registrar is assigned pursuant to division (B) of section 4507.011	3271
of the Revised Code and from which the deputy registrar is to	3272
conduct the deputy registrar's business, the power of the director	3273
of public safety to purchase or lease real property and buildings	3274
to be used as locations for division or district offices as	3275
required in the maintenance of operations of the department of	3276
public safety, and the power of the superintendent of the state	3277
highway patrol in the purchase or leasing of real property and	3278
buildings needed by the patrol, to negotiate the sale of real	3279
property owned by the patrol, to rent or lease real property owned	3280
or leased by the patrol, and to make or cause to be made repairs	3281
to all property owned or under the control of the patrol;	3282

(4) The power of the division of liquor control in the	3283
leasing or purchasing of retail outlets and warehouse facilities	3284
for the use of the division;	3285

(5) The power of the director of development to enter into	3286
leases of real property, buildings, and office space to be used	3287
solely as locations for the state's foreign offices to carry out	3288
the purposes of section 122.05 of the Revised Code;	3289

(6) The power of the director of environmental protection to	3290
enter into environmental covenants, to grant and accept easements,	3291
or to sell property pursuant to division (G) of section 3745.01 of	3292
the Revised Code.	3293

(C) Purchases for, and the custody and repair of, buildings	3294
under the management and control of the capitol square review and	3295
advisory board, the rehabilitation services commission, the bureau	3296
of workers' compensation, or the departments of public safety, job	3297
and family services, mental health, developmental disabilities,	3298
and rehabilitation and correction; buildings of educational and	3299
benevolent institutions under the management and control of boards	3300
of trustees; and purchases or leases for, and the custody and	3301
repair of, office space used for the purposes of the joint	3302
legislative ethics committee are not subject to the control and	3303
jurisdiction of the department of administrative services.	3304

If the joint legislative ethics committee so requests, the	3305
committee and the director of administrative services may enter	3306
into a contract under which the department of administrative	3307
services agrees to perform any services requested by the committee	3308
that the department is authorized under this section to perform.	3309

(D) Any instrument by which real property is acquired	3310
pursuant to this section shall identify the agency of the state	3311
that has the use and benefit of the real property as specified in	3312
section 5301.012 of the Revised Code.	3313

~~Sec. 123.04.~~ Sec. 123.02. The director of administrative services	3314
shall be appointed superintendent of public works and shall have	3315
the care and control of the public works of the state and shall	3316
protect, maintain, and keep them in repair.	3317

Subject to the approval of the governor, the director may	3318
purchase on behalf of the state such real or personal property,	3319
rights, or privileges as are necessary, in the director's	3320
judgment, to acquire in the maintenance of the public works or	3321
their improvement.	3322

Any instrument by which the state or an agency of the state	3323
acquires real property pursuant to this section shall identify the	3324
agency of the state that has the use and benefit of the real	3325
property as specified in section 5301.012 of the Revised Code.	3326

~~Sec. 123.07.~~ Sec. 123.03. The director of administrative services	3327
may maintain an action in the name of the state for violations of	3328
any law relating to the public works for an injury to property	3329
pertaining to the public works, or for any other cause which is	3330
necessary in the performance of ~~his~~the director's duties.	3331

~~Sec. 123.09.~~ Sec. 123.04. The director of administrative services	3332
shall have supervision of the public works of the state and shall	3333
make such rules and regulations for the ~~improvement,~~ maintenance,	3334
and operation of the public works as are necessary.	3335

~~Sec. 123.10.~~ Sec. 123.05. ~~(A)~~ The director of administrative	3336
services shall regulate the rate of tolls to be collected on the	3337
public works of the state, and shall fix all rentals and collect	3338
all tolls, rents, fines, commissions, fees, and other revenues	3339
arising from any source in the public works, including the sale,	3340
~~construction,~~ purchase, or rental of property, except that the	3341
director shall not collect a commission or fee from a real estate	3342
broker or the private owner when real property is leased or rented	3343
to the state.	3344

~~(B) There is hereby created in the state treasury the state~~	3345
~~architect's fund which shall consist of money received by the~~	3346
~~department of administrative services under division (A) of this~~	3347
~~section, fees paid under section 123.17 of the Revised Code,~~	3348
~~transfers of money to the fund authorized by the general assembly,~~	3349
~~and such amount of the investment earnings of the administrative~~	3350
~~building fund created in division (F) of section 154.24 of the~~	3351
~~Revised Code as the director of budget and management determines~~	3352
~~to be appropriate and in excess of the amounts required to meet~~	3353
~~estimated federal arbitrage rebate requirements. Money in the fund~~	3354
~~shall be used by the department of administrative services for the~~	3355
~~following purposes:~~	3356

~~(1) To pay personnel and other administrative expenses of the~~	3357
~~department;~~	3358

~~(2) To pay the cost of conducting evaluations of public~~	3359
~~works;~~	3360

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

3361

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

3362

~~(5) To pay the cost of operating the local administration~~	3363
~~competency certification program prescribed by section 123.17 of~~	3364
~~the Revised Code;~~	3365

~~(6) Any other purposes that the director of administrative~~	3366
~~services determines to be necessary for the department to execute~~	3367
~~its duties under this chapter.~~	3368

~~Sec. 123.024.~~ Sec. 123.06. (A) The department of administrative	3369
services shall assign and make available, at state expense,	3370
suitable office space in state-owned facilities to accommodate the	3371
office operations of the state headquarters of both of the	3372
following:	3373

(1) All veterans organizations in this state that either are	3374
incorporated and issued a charter by the congress of the United	3375
States or are recognized by the United States department of	3376
veterans affairs;	3377

(2) The auxiliary organizations of veterans organizations	3378
described in division (A)(1) of this section.	3379

(B) The department may situate office space for each	3380
auxiliary organization of a veterans organization with or near the	3381
office space of that veterans organization.	3382

~~Sec. 123.11.~~ Sec. 123.07. Each state agency and any county,	3383
township, or municipal corporation owning, leasing, or controlling	3384
the operation of parking spaces for use by its employees may	3385
provide preferential parking for those vehicles used in carpools,	3386
vanpools, and buspools. The department of administrative services	3387
shall coordinate the efforts of the state agencies in providing	3388
preferential parking for such vehicles.	3389

~~Sec. 123.13.~~ Sec. 123.08. The director of administrative services	3390
shall appoint such ~~foreman~~forepersons, ~~patrolmen~~patrol officers,	3391
lock tenders, inspectors, engineers, and all other employees as	3392
are necessary for the ~~improvement,~~ maintenance, and operation of	3393
the public works. They shall be assigned to duty under the	3394
supervision of the director, under rules and regulations	3395
prescribed by ~~him~~the director. Any such employee, when deemed	3396
necessary by the director, shall give proper bond to the state,	3397
conditioned for the faithful performance of ~~his~~the employee's	3398
duties. Such bonds may, in the discretion of the director, be	3399
individual, schedule, or blanket bonds.	3400

~~Sec. 123.14.~~ Sec. 123.09. All claims against the state for the	3401
~~improvement,~~ repair, maintenance, and operation of the public	3402
works of Ohio, including salary and expenses of all employees	3403
engaged in such work, shall be paid upon the order of the director	3404
of administrative services.	3405

~~Sec. 123.15.~~ Sec. 123.10. (A) As used in this section and section	3406
~~123.21~~123.11 of the Revised Code, "public exigency" means an	3407
injury or obstruction that occurs in any public works of the state	3408
maintained by the director of administrative services and that	3409
materially impairs its immediate use or places in jeopardy	3410
property adjacent to it; an immediate danger of such an injury or	3411
obstruction; or an injury or obstruction, or an immediate danger	3412
of an injury or obstruction, that occurs ~~during the process of~~	3413
~~construction of~~in any public works of the state maintained by the	3414
director of administrative services and that materially impairs	3415
its immediate use or places in jeopardy property adjacent to it.	3416

(B) ~~The~~When a declaration of public exigency is issued	3417
pursuant to division (C) of this section, the director of	3418
administrative services may request the Ohio facilities	3419
construction commission to enter into contracts with proper	3420
persons for the performance of labor, the furnishing of materials,	3421
or the construction of any structures and buildings necessary to	3422
the maintenance, control, and management of the public works of	3423
the state or any part of those public works. ~~Except as provided~~	3424
~~in division (C) of this section for public exigencies, the~~	3425
~~director shall advertise, award, and administer those~~Any	3426
contracts ~~in accordance with the requirements~~awarded for the work	3427
performed pursuant to the declaration of a public exigency may be	3428
awarded without competitive bidding or selection as set forth in	3429
Chapter 153. of the Revised Code.	3430

(C) The director of administrative services may issue a	3431
declaration of a public exigency on the director's own initiative	3432
or upon the request of the director of any state agency. The	3433
director's declaration shall identify the specific injury,	3434
obstruction, or danger that is the subject of the declaration and	3435
shall set forth a dollar limitation for the repair, removal, or	3436
prevention of that exigency under the declaration.	3437

Before any project to repair, remove, or prevent a public	3438
exigency under the director's declaration may begin, the director	3439
shall send notice of the project, in writing, to the director of	3440
budget and management and to the members of the controlling board.	3441
That notice shall detail the project to be undertaken to address	3442
the public exigency and shall include a copy of the director's	3443
declaration that establishes the monetary limitations on that	3444
project.	3445

~~Sec. 123.21.~~ Sec. 123.11. When a public exigency, as defined in	3446
division (A) of section ~~123.15~~123.10 of the Revised Code, exists,	3447
the director of administrative services may take possession of	3448
lands and use them, or materials and other property necessary for	3449
the maintenance, protection, or repair of the public works, in	3450
accordance with sections 163.01 to 163.22 of the Revised Code.	3451

~~Sec. 123.46.~~ Sec. 123.12. No land lease or sale of state lands	3452
shall be made by the director of administrative services except	3453
upon the written approval of the governor and the attorney	3454
general.	3455

~~Sec. 123.47.~~ Sec. 123.13. Except as otherwise provided by law, the	3456
director of administrative services shall have the custody and	3457
control of the books, records, papers, surveys, maps, plats, and	3458
documents that pertain to any of the public works of this state.	3459

~~Sec. 123.48.~~ Sec. 123.14. The director of administrative services	3460
shall make an annual report to the governor containing a statement	3461
of the expenses of the public works under ~~his~~the director's	3462
supervision during the preceding year, setting forth an account of	3463
moneys expended on each of the public works during the year, and	3464
such other information and records as hethe director deems	3465
proper. Such report shall contain a statement of the moneys	3466
received from all sources and an estimate of the appropriations	3467
necessary to maintain the public works and keep them in repair.	3468
The report shall also contain a list of all persons regularly	3469
employed, together with the salary, compensation, or allowance	3470
paid each.	3471

HeThe director shall further from time to time when hethe	3472
director deems it necessary, or when called upon by the governor,	3473
to do so, make such other reports as are proper, touching on the	3474
general condition and welfare of the public works and the	3475
drainage, leaseholds, and water powers incident thereto.	3476

~~Sec. 123.49.~~ Sec. 123.15. The department of administrative	3477
services may adopt, amend, and rescind rules pertaining to lands	3478
under the supervision of the department in accordance with Chapter	3479
119. of the Revised Code.	3480

Sec. 123.152. (A) As used in this section, "EDGE business	3481
enterprise" means a sole proprietorship, association, partnership,	3482
corporation, limited liability corporation, or joint venture	3483
certified as a participant in the encouraging diversity, growth,	3484
and equity program by the director of administrative services	3485
under this section of the Revised Code.	3486

(B) The director of administrative services shall establish a	3487
business assistance program known as the encouraging diversity,	3488
growth, and equity program and shall adopt rules in accordance	3489
with Chapter 119. of the Revised Code to administer the program	3490
that do all of the following:	3491

(1) Establish procedures by which a sole proprietorship,	3492
association, partnership, corporation, limited liability	3493
corporation, or joint venture may apply for certification as an	3494
EDGE business enterprise;	3495

(2) Except as provided in division (B)(14) of this section,	3496
establish agency procurement goals for contracting with EDGE	3497
business enterprises in the award of contracts under Chapters	3498
123., 125., and 153. of the Revised Code based on the availability	3499
of eligible program participants by region or geographic area, as	3500
determined by the director, and by standard industrial code or	3501
equivalent code classification.	3502

(a) Goals established under division (B)(2) of this section	3503
shall be based on a percentage level of participation and a	3504
percentage of contractor availability.	3505

(b) Goals established under division (B)(2) of this section	3506
shall be applied at the contract level, relative to an overall	3507
dollar goal for each state agency, in accordance with the	3508
following certification categories: construction, architecture,	3509
and engineering; professional services; goods and services; and	3510
information technology services.	3511

(3) Establish a system of certifying EDGE business	3512
enterprises based on a requirement that the business owner or	3513
owners show both social and economic disadvantage based on the	3514
following, as determined to be sufficient by the director:	3515

(a) Relative wealth of the business seeking certification as	3516
well as the personal wealth of the owner or owners of the	3517
business;	3518

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

3519

(i) A rebuttable presumption when the business owner or	3520
owners demonstrate membership in a racial minority group or show	3521
personal disadvantage due to color, ethnic origin, gender,	3522
physical disability, long-term residence in an environment	3523
isolated from the mainstream of American society, location in an	3524
area of high unemployment;	3525

(ii) Some other demonstration of personal disadvantage not	3526
common to other small businesses;	3527

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

3528

(c) Economic disadvantage based on economic and business size	3529
thresholds and eligibility criteria designed to stimulate economic	3530
development through contract awards to businesses located in	3531
qualified census tracts.	3532

(4) Establish standards to determine when an EDGE business	3533
enterprise no longer qualifies for EDGE business enterprise	3534
certification;	3535

(5) Develop a process for evaluating and adjusting goals	3536
established by this section to determine what adjustments are	3537
necessary to achieve participation goals established by the	3538
director;	3539

(6) Establish a point system or comparable system to evaluate	3540
bid proposals to encourage EDGE business enterprises to	3541
participate in the procurement of professional design and	3542
information technology services;	3543

(7) Establish a system to track data and analyze each	3544
certification category established under division (B)(2)(b) of	3545
this section;	3546

(8) Establish a process to mediate complaints and to review	3547
EDGE business enterprise certification appeals;	3548

(9) Implement an outreach program to educate potential	3549
participants about the encouraging diversity, growth, and equity	3550
program;	3551

(10) Establish a system to assist state agencies in	3552
identifying and utilizing EDGE business enterprises in their	3553
contracting processes;	3554

(11) Implement a system of self-reporting by EDGE business	3555
enterprises as well as an on-site inspection process to validate	3556
the qualifications of an EDGE business enterprise;	3557

(12) Establish a waiver mechanism to waive program goals or	3558
participation requirements for those companies that, despite their	3559
best-documented efforts, are unable to contract with certified	3560
EDGE business enterprises;	3561

(13) Establish a process for monitoring overall program	3562
compliance in which equal employment opportunity officers	3563
primarily are responsible for monitoring their respective	3564
agencies;	3565

(14) Establish guidelines for state universities as defined	3566
in section 3345.011 of the Revised Code and the Ohio ~~school~~	3567
facilities construction commission created in section ~~3318.30~~	3568
123.20 of the Revised Code for awarding contracts pursuant to	3569
Chapters 153., 3318., and 3345. of the Revised Code to allow the	3570
universities and commission to establish agency procurement goals	3571
for contracting with EDGE business enterprises.	3572

(C) Business and personal financial information and trade	3573
secrets submitted by encouraging diversity, growth, and equity	3574
program applicants to the director pursuant to this section are	3575
not public records for purposes of section 149.43 of the Revised	3576
Code, unless the director presents the financial information or	3577
trade secrets at a public hearing or public proceeding regarding	3578
the applicant's eligibility to participate in the program.	3579

~~Sec. 123.77.~~ Sec. 123.17. The department of administrative	3580
services may lease land belonging to or under the control or	3581
jurisdiction of a state university, not required nor to be	3582
required for use of the university, to a developer in accordance	3583
with this section. "Developer," as used in this section, means a	3584
person, partnership, association, corporation, or community	3585
improvement corporation established pursuant to Chapter 1724. of	3586
the Revised Code who or which submits a development plan to the	3587
department as provided in this section and requests the department	3588
to enter into a lease.	3589

Such a lease of university land shall be for the purpose of	3590
development of the land by establishing, constructing, altering,	3591
repairing, expanding, and improving industrial, distribution,	3592
commercial, or research facilities. A developer desiring to lease	3593
land of the university for such development shall prepare and	3594
submit to the department of administrative services and to the	3595
board of trustees of the university a plan for such development.	3596
Plans shall include provisions for roads, streets, sewers, water	3597
lines, waste disposal, water supply, and similar matters to meet	3598
the requirements of state and local laws. The plans shall also	3599
include provision for protection of the property by insurance or	3600
otherwise and plans for financing the development, and shall set	3601
forth details of the developer's financial responsibility.	3602

The department of administrative services may employ as	3603
employees or consultants, persons needed to assist it in reviewing	3604
the development plans. Such persons may include attorneys,	3605
financial experts, engineers, and other necessary experts. The	3606
department of administrative services shall review the development	3607
plans and may enter into a lease if it finds that:	3608

(A) The best interests of the university will be promoted by	3609
entering into a lease with the developer.	3610

(B) The development plans are satisfactory.

3611

(C) The developer has established ~~his~~the developer's	3612
financial responsibility and satisfactory plans for financing the	3613
development.	3614

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

3615

A lease may be entered into pursuant to this section for an	3616
annual rent agreed to between the department and the developer for	3617
a maximum term of forty years and may be renewed for a like or	3618
lesser term. The lease shall contain a provision that construction	3619
of buildings, structures, roads, and other necessary facilities	3620
shall begin within one year after the date of the lease and shall	3621
proceed according to a schedule agreed to between the department	3622
and the developer or the lease will be terminated. Moneys received	3623
by the state pursuant to such leases shall be paid into the state	3624
treasury as an addition to the appropriation made to the	3625
university which has control or jurisdiction of the land or to	3626
which the land belongs.	3627

~~Sec. 123.08.~~ Sec. 123.18. The director of administrative services	3628
may administer oaths to persons required by law to file affidavits	3629
or statements in the department of administrative services and to	3630
witnesses who are examined in matters pertaining to the	3631
administration of the public works.	3632

Sec. 123.20. (A) There is hereby created the Ohio facilities	3633
construction commission. The commission shall administer the	3634
design and construction of improvements to public facilities of	3635
the state in accordance with this chapter and other provisions of	3636
the Revised Code.	3637

The commission is a body corporate and politic, an agency of	3638
state government and an instrumentality of the state, performing	3639
essential governmental functions of this state. The carrying out	3640
of the purposes and the exercise by the commission of its powers	3641
are essential public functions and public purposes of the state.	3642
The commission may, in its own name, sue and be sued, enter into	3643
contracts, and perform all the powers and duties given to it by	3644
the Revised Code, but it does not have and shall not exercise the	3645
power of eminent domain. In its discretion and as it determines	3646
appropriate, the commission may delegate to any of its members,	3647
executive director, or other employees any of the commission's	3648
powers and duties to carry out its functions.	3649

(B) The commission shall consist of three members: the	3650
director of the office of budget and management and the director	3651
of administrative services, or their designees, and a member whom	3652
the governor shall appoint.	3653

Members of the commission shall serve without compensation.

3654

Within sixty days after the effective date of this section,	3655
the commission shall meet and organize by electing voting members	3656
as the chairperson and vice-chairperson of the commission, who	3657
shall hold their offices until the next organizational meeting of	3658
the commission. Organizational meetings of the commission shall be	3659
held at the first meeting of each calendar year. At each	3660
organizational meeting, the commission shall elect from among its	3661
voting members a chairperson and vice-chairperson, who shall serve	3662
until the next annual organizational meeting. The commission shall	3663
adopt rules pursuant to Chapter 119. of the Revised Code for the	3664
conduct of its internal business and shall keep a journal of its	3665
proceedings. Including the organizational meeting, the commission	3666
shall meet at least once each calendar year.	3667

Two members of the commission constitute a quorum, and the	3668
affirmative vote of two members is necessary for approval of any	3669
action taken by the commission. A vacancy in the membership of the	3670
commission does not impair a quorum from exercising all the rights	3671
and performing all the duties of the commission. Meetings of the	3672
commission may be held anywhere in the state and shall be held in	3673
compliance with section 121.22 of the Revised Code.	3674

(C) Within sixty days after the effective date of this	3675
section, the governor shall appoint a member to the commission.	3676
The initial appointment shall be for a term ending three years	3677
after the effective date of this section, with subsequent terms	3678
ending three years after they begin, on the same day of the same	3679
month as the initial term.	3680

A vacancy for the member appointed by the governor shall be	3681
filled in the same manner as provided for the original	3682
appointment. The appointed member shall hold office for the	3683
remainder of the term for which the vacancy existed. After the	3684
expiration of the term, the appointed member shall continue in	3685
office for a period of sixty days or until the appointed member's	3686
successor takes office, whichever period is shorter.	3687

(D) The commission shall file an annual report of its	3688
activities and finances with the governor, speaker of the house of	3689
representatives, president of the senate, and chairpersons of the	3690
house and senate finance committees.	3691

(E) The commission shall be exempt from the requirements of	3692
sections 101.82 to 101.87 of the Revised Code.	3693

Sec. 123.201. There is hereby created in the state treasury	3694
the Ohio facilities construction commission fund, consisting of	3695
transfers of moneys authorized by the general assembly and	3696
revenues received by the Ohio facilities construction commission	3697
under section 123.21 of the Revised Code. Investment earnings on	3698
moneys in the fund shall be credited to the fund. Moneys in the	3699
fund may be used by the commission, in performing its duties under	3700
this chapter, to pay personnel and other administrative expenses,	3701
to pay the cost of preparing building design specifications, to	3702
pay the cost of providing project management services, and for	3703
other purposes determined by the commission to be necessary to	3704
fulfill its duties under this chapter.	3705

Sec. 123.21. (A) The Ohio facilities construction commission	3706
may perform any act and ensure the performance of any function	3707
necessary or appropriate to carry out the purposes of, and	3708
exercise the powers granted under this chapter or any other	3709
provision of the Revised Code, including any of the following:	3710

(1) Prepare, or contract to be prepared, by licensed	3711
engineers or architects, surveys, general and detailed plans,	3712
specifications, bills of materials, and estimates of cost for any	3713
projects, improvements, or public buildings to be constructed by	3714
state agencies that may be authorized by legislative	3715
appropriations or any other funds made available therefor,	3716
provided that the construction of the projects, improvements, or	3717
public buildings is a statutory duty of the commission. This	3718
section does not require the independent employment of an	3719
architect or engineer as provided by section 153.01 of the Revised	3720
Code in the cases to which section 153.01 of the Revised Code	3721
applies. This section does not affect or alter the existing powers	3722
of the director of transportation, the director of public safety,	3723
or the superintendent of the state highway patrol.	3724

(2) Have general supervision over the construction of any	3725
projects, improvements, or public buildings constructed for a	3726
state agency and over the inspection of materials prior to their	3727
incorporation into those projects, improvements, or buildings.	3728

(3) Make contracts for and supervise the design and	3729
construction of any projects and improvements or the construction	3730
and repair of buildings under the control of a state agency. All	3731
such contracts may be based in whole or in part on the unit price	3732
or maximum estimated cost, with payment computed and made upon	3733
actual quantities or units.	3734

(4) Adopt, amend, and rescind rules pertaining to the	3735
administration of the construction of the public works of the	3736
state as required by law, in accordance with Chapter 119. of the	3737
Revised Code.	3738

(5) Contract with, retain the services of, or designate, and	3739
fix the compensation of, such agents, accountants, consultants,	3740
advisers, and other independent contractors as may be necessary or	3741
desirable to carry out the programs authorized under this chapter,	3742
or authorize the executive director to perform such powers and	3743
duties.	3744

(6) Receive and accept any gifts, grants, donations, and	3745
pledges, and receipts therefrom, to be used for the programs	3746
authorized under this chapter.	3747

(7) Make and enter into all contracts, commitments, and	3748
agreements, and execute all instruments, necessary or incidental	3749
to the performance of its duties and the execution of its rights	3750
and powers under this chapter, or authorize the executive director	3751
to perform such powers and duties.	3752

(8) Debar a contractor as provided in section 153.02 of the	3753
Revised Code.	3754

(B) The commission shall appoint and fix the compensation of	3755
an executive director who shall serve at the pleasure of the	3756
commission. The executive director shall exercise all powers that	3757
the commission possesses, supervise the operations of the	3758
commission, and perform such other duties as delegated by the	3759
commission. The executive director also shall employ and fix the	3760
compensation of such employees as will facilitate the activities	3761
and purposes of the commission, who shall serve at the pleasure of	3762
the executive director. The employees of the commission are exempt	3763
from Chapter 4117. of the Revised Code and are not considered	3764
public employees as defined in section 4117.01 of the Revised	3765
Code. Any agreement entered into prior to July 1, 2012, between	3766
the office of collective bargaining and the exclusive	3767
representative for employees of the commission is binding and	3768
shall continue to have effect.	3769

(C) The attorney general shall serve as the legal	3770
representative for the commission and may appoint other counsel as	3771
necessary for that purpose in accordance with section 109.07 of	3772
the Revised Code.	3773

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

3774

(1) "Construct" includes reconstruct, improve, renovate,	3775
enlarge, or otherwise alter.	3776

(2) "Energy consumption analysis" means the evaluation of all	3777
energy consuming systems, components, and equipment by demand and	3778
type of energy, including the internal energy load imposed on a	3779
facility by its occupants and the external energy load imposed by	3780
climatic conditions.	3781

(3) "Energy performance index" means a number describing the	3782
energy requirements of a facility per square foot of floor space	3783
or per cubic foot of occupied volume as appropriate under defined	3784
internal and external ambient conditions over an entire seasonal	3785
cycle.	3786

(4) "Facility" means a building or other structure, or part	3787
of a building or other structure, that includes provision for a	3788
heating, refrigeration, ventilation, cooling, lighting, hot water,	3789
or other major energy consuming system, component, or equipment.	3790

(5) "Life-cycle cost analysis" means a general approach to	3791
economic evaluation that takes into account all dollar costs	3792
related to owning, operating, maintaining, and ultimately	3793
disposing of a project over the appropriate study period.	3794

(6) "Political subdivision" means a county, township,	3795
municipal corporation, board of education of any school district,	3796
or any other body corporate and politic that is responsible for	3797
government activities in a geographic area smaller than that of	3798
the state.	3799

(7) "State funded" means funded in whole or in part through	3800
appropriation by the general assembly or through the use of any	3801
guarantee provided by this state.	3802

(8) "State institution of higher education" has the same	3803
meaning as in section 3345.011 of the Revised Code.	3804

(B) ~~There is hereby created within the department of~~	3805
~~administrative services the office of energy services. The office~~	3806
~~shall be under the supervision of a manager, who shall be~~	3807
~~appointed by the director of administrative services. The director~~	3808
~~shall assign to the office such number of employees and furnish~~	3809
~~such equipment and supplies as are necessary for the performance~~	3810
~~of the office's duties.~~	3811

The ~~office~~Ohio facilities construction commission shall	3812
develop energy efficiency and conservation programs ~~in each of the~~	3813
~~following areas:~~	3814

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

3815

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

3816

~~(3) Energy efficient procurement;~~

3817

~~(4) Alternative fuel vehicles~~.

3818

The ~~office~~commission may accept and administer grants from	3819
public and private sources for carrying out any of its duties	3820
under this section.	3821

(C) No state agency, department, division, bureau, office,	3822
unit, board, commission, authority, quasi-governmental entity, or	3823
institution~~, including those agencies otherwise excluded from the~~	3824
~~jurisdiction of the department under division (A)(3) of section~~	3825
~~123.01 of the Revised Code,~~ shall lease, construct, or cause to be	3826
leased or constructed, within the limits prescribed in this	3827
section, a state-funded facility, without a proper life-cycle cost	3828
analysis or, in the case of a lease, an energy consumption	3829
analysis, as computed or prepared by a qualified architect or	3830
engineer in accordance with the rules required by division (D) of	3831
this section.	3832

Construction shall proceed only upon the disclosure to the	3833
office, for the facility chosen, of the life-cycle costs as	3834
determined in this section and the capitalization of the initial	3835
construction costs of the building. The results of life-cycle cost	3836
analysis shall be a primary consideration in the selection of a	3837
building design. That analysis shall be required only for	3838
construction of buildings with an area of five thousand square	3839
feet or greater. An energy consumption analysis for the term of a	3840
proposed lease shall be required only for the leasing of an area	3841
of twenty thousand square feet or greater within a given building	3842
boundary. That analysis shall be a primary consideration in the	3843
selection of a facility to be leased.	3844

Nothing in this section shall deprive or limit any state	3845
agency that has review authority over design, construction, or	3846
leasing plans from requiring a life-cycle cost analysis or energy	3847
consumption analysis.	3848

(D) For the purposes of assisting the ~~department~~commission	3849
in its responsibility for state-funded facilities pursuant to	3850
section ~~123.01~~123.21 of the Revised Code and of cost-effectively	3851
reducing the energy consumption of those and any other	3852
state-funded facilities, thereby promoting fiscal, economic, and	3853
environmental benefits to this state, the ~~office~~commission shall	3854
promulgate rules specifying cost-effective, energy efficiency and	3855
conservation standards that may govern the lease, design,	3856
construction, operation, and maintenance of all state-funded	3857
facilities, except facilities of state institutions of higher	3858
education or facilities operated by a political subdivision. The	3859
office of energy efficiency in the department of development shall	3860
cooperate in providing information and technical expertise to the	3861
office of energy services to ensure promulgation of rules of	3862
maximum effectiveness. The standards prescribed by rules	3863
promulgated under this division may draw from or incorporate, by	3864
reference or otherwise and in whole or in part, standards already	3865
developed or implemented by any competent, public or private	3866
standards organization or program. The rules also may include any	3867
of the following:	3868

(1) Specifications for a life-cycle cost analysis that shall	3869
determine, for the economic life of such state-funded facility,	3870
the reasonably expected costs of facility ownership, operation,	3871
and maintenance including labor and materials. Life-cycle cost may	3872
be expressed as an annual cost for each year of the facility's	3873
use.	3874

A life-cycle cost analysis additionally may include an energy	3875
consumption analysis that conforms to division (D)(2) of this	3876
section.	3877

(2) Specifications for an energy consumption analysis of the	3878
facility's heating, refrigeration, ventilation, cooling, lighting,	3879
hot water, and other major energy consuming systems, components,	3880
and equipment.	3881

A life-cycle cost analysis and energy consumption analysis	3882
shall be based on the best currently available methods of	3883
analysis, such as those of the national institute of standards and	3884
technology, the United States department of energy or other	3885
federal agencies, professional societies, and directions developed	3886
by the department.	3887

(3) Specifications for energy performance indices, to be used	3888
to audit and evaluate competing design proposals submitted to the	3889
state.	3890

(4) A requirement that, not later than two years after April	3891
6, 2007, each state-funded facility, except a facility of a state	3892
institution of higher education or a facility operated by a	3893
political subdivision, is managed by at least one building	3894
operator certified under the building operator certification	3895
program or any equivalent program or standards as shall be	3896
prescribed in the rules and considered reasonably equivalent.	3897

(5) An application process by which a manager of a specified	3898
state-funded facility, except a facility of a state institution of	3899
higher education or a facility operated by a political	3900
subdivision, may apply for a waiver of compliance with any	3901
provision of the rules required by divisions (D)(1) to (4) of this	3902
section.	3903

~~(E) The office of energy services shall promulgate rules to~~	3904
~~ensure that energy efficiency and conservation will be considered~~	3905
~~in the purchase of products and equipment, except motor vehicles,~~	3906
~~by any state agency, department, division, bureau, office, unit,~~	3907
~~board, commission, authority, quasi-governmental entity, or~~	3908
~~institution. Minimum energy efficiency standards for purchased~~	3909
~~products and equipment may be required, based on federal testing~~	3910
~~and labeling where available or on standards developed by the~~	3911
~~office. The rules shall apply to the competitive selection of~~	3912
~~energy consuming systems, components, and equipment under Chapter~~	3913
~~125. of the Revised Code where possible.~~	3914

~~The office also shall ensure energy efficient and energy~~	3915
~~conserving purchasing practices by doing all of the following:~~	3916

~~(1) Cooperatively with the office of energy efficiency,~~	3917
~~identifying available energy efficiency and conservation~~	3918
~~opportunities;~~	3919

~~(2) Providing for interchange of information among purchasing~~	3920
~~agencies;~~	3921

~~(3) Identifying laws, policies, rules, and procedures that~~	3922
~~need modification;~~	3923

~~(4) Monitoring experience with and the cost-effectiveness of~~	3924
~~this state's purchase and use of motor vehicles and of major~~	3925
~~energy-consuming systems, components, equipment, and products~~	3926
~~having a significant impact on energy consumption by government;~~	3927

~~(5) Cooperatively with the office of energy efficiency,~~	3928
~~providing technical assistance and training to state employees~~	3929
~~involved in the purchasing process.~~	3930

~~The department of development shall make recommendations to~~	3931
~~the office regarding planning and implementation of purchasing~~	3932
~~policies and procedures supportive of energy efficiency and~~	3933
~~conservation.~~	3934

~~(F)(1) The office of energy services shall require all state~~	3935
~~agencies, departments, divisions, bureaus, offices, units,~~	3936
~~commissions, boards, authorities, quasi-governmental entities,~~	3937
~~institutions, and state institutions of higher education to~~	3938
~~implement procedures ensuring that all their passenger automobiles~~	3939
~~acquired in each fiscal year, except for those passenger~~	3940
~~automobiles acquired for use in law enforcement or emergency~~	3941
~~rescue work, achieve a fleet average fuel economy of not less than~~	3942
~~the fleet average fuel economy for that fiscal year as shall be~~	3943
~~prescribed by the office by rule. The office shall promulgate the~~	3944
~~rule prior to the beginning of the fiscal year in accordance with~~	3945
~~the average fuel economy standards established pursuant to federal~~	3946
~~law for passenger automobiles manufactured during the model year~~	3947
~~that begins during the fiscal year.~~	3948

~~(2) Each state agency, department, division, bureau, office,~~	3949
~~unit, commission, board, authority, quasi-governmental entity,~~	3950
~~institution, and state institution of higher education shall~~	3951
~~determine its fleet average fuel economy by dividing:~~	3952

~~(a) The total number of passenger vehicles acquired during~~	3953
~~the fiscal year, except for those passenger vehicles acquired for~~	3954
~~use in law enforcement or emergency rescue work, by~~	3955

~~(b) A sum of terms, each of which is a fraction created by~~	3956
~~dividing:~~	3957

~~(i) The number of passenger vehicles of a given make, model,~~	3958
~~and year, except for passenger vehicles acquired for use in law~~	3959
~~enforcement or emergency rescue work, acquired during the fiscal~~	3960
~~year, by~~	3961

~~(ii) The fuel economy measured by the administrator of the~~	3962
~~United States environmental protection agency, for the given make,~~	3963
~~model, and year of vehicle, that constitutes an average fuel~~	3964
~~economy for combined city and highway driving.~~	3965

~~As used in division (F)(2) of this section, "acquired" means~~	3966
~~leased for a period of sixty continuous days or more, or~~	3967
~~purchased.~~	3968

~~(G)~~(E) Each state agency, department, division, bureau,	3969
office, unit, board, commission, authority, quasi-governmental	3970
entity, institution, and state institution of higher education	3971
shall comply with any applicable provision of this section or of a	3972
rule promulgated pursuant to division (D) ~~or (F)~~ of this section.	3973

Sec. 123.23. (A) As used in this section, "public exigency"	3974
means an injury or obstruction that occurs in any public works of	3975
the state that materially impairs its immediate use or places in	3976
jeopardy property adjacent to it; an immediate danger of such an	3977
injury or obstruction; or an injury or obstruction, or an	3978
immediate danger of an injury or obstruction, that occurs during	3979
the process of construction of any public works and that	3980
materially impairs its immediate use or places in jeopardy	3981
property adjacent to it.	3982

(B) When a declaration of a public exigency is issued	3983
pursuant to division (C) of this section, the executive director	3984
of the Ohio facilities construction commission may enter into	3985
contracts with proper persons for the performance of labor, the	3986
furnishing of materials, or the construction of any structures and	3987
buildings necessary to the maintenance, control, and management of	3988
the public works of the state or any part of those public works.	3989
Any contracts awarded for the work performed pursuant to the	3990
declaration of a public exigency may be awarded without	3991
competitive bidding or selection as otherwise required by Chapter	3992
153. of the Revised Code.	3993

(C) The executive director of the commission may issue a	3994
declaration of a public exigency on the executive director's own	3995
initiative, or upon the request of the director of any state	3996
agency, university, or instrumentality. The executive director's	3997
declaration shall identify the specific injury, obstruction, or	3998
danger that is the subject of the declaration and shall set forth	3999
a dollar limitation for the repair, removal, or prevention of that	4000
exigency under the declaration.	4001

Before any project to repair, remove, or prevent a public	4002
exigency under the executive director's declaration may begin, the	4003
executive director shall send notice of the project, in writing,	4004
to the director of budget and management and to the members of the	4005
controlling board. The notice shall detail the project to be	4006
undertaken to address the public exigency and shall include a copy	4007
of the director's declaration that establishes the monetary	4008
limitations on that project.	4009

~~Sec. 123.17.~~ Sec. 123.24. (A) As used in this section, "institution	4010
of higher education" means a state university or college, as	4011
defined in section 3345.12 of the Revised Code, or a state	4012
community college.	4013

(B) ~~Not later than December 30, 2005, the state architect~~The	4014
Ohio facilities construction commission shall establish a local	4015
administration competency certification program to certify	4016
institutions of higher education to administer capital facilities	4017
projects pursuant to section 3345.51 of the Revised Code without	4018
the supervision, control, or approval of the ~~department of~~	4019
~~administrative services~~commission. The program shall offer	4020
instruction in the administration of capital facilities projects	4021
for employees of institutions of higher education who are	4022
responsible for such administration and who are selected by their	4023
employing institutions to participate in the program.	4024

(C) The program shall provide instruction about the	4025
provisions of Chapters 9., 123., and 153. of the Revised Code and	4026
any rules or policies adopted by the ~~department~~commission	4027
regarding the planning, design, and construction of capital	4028
facilities, including all of the following:	4029

(1) The planning, design, and construction process;

4030

(2) Contract requirements;

4031

(3) Construction management;

4032

(4) Project management.

4033

(D) The ~~state architect~~commission shall award local	4034
administration competency certification to any institution of	4035
higher education if all of the following apply:	4036

(1) The institution applied for certification on a form and	4037
in a manner prescribed by the ~~state architect~~commission.	4038

(2) The ~~state architect~~commission determines that a	4039
sufficient number of the institution's employees, representing a	4040
sufficient number of employee classifications, responsible for the	4041
administration of capital facilities projects have successfully	4042
completed the certification program to ensure that any capital	4043
facilities project undertaken by the institution will be	4044
administered successfully and in accordance with all provisions of	4045
the Revised Code, and the board of trustees of the institution	4046
provides written assurance to the ~~state architect~~commission that	4047
the institution will select new employees to participate in the	4048
certification program as necessary to compensate for employee	4049
turnover.	4050

(3) The ~~state architect~~commission determines that the	4051
employees of the institution enrolled in the program demonstrate	4052
successful completion of the competency certification training and	4053
a satisfactory level of knowledge of and competency in the	4054
requirements for administering capital facilities projects.	4055

(4) The institution pays the fee prescribed by division (F)	4056
of this section.	4057

(5) The board of trustees of the institution provides written	4058
assurance to the ~~state architect~~commission that the institution	4059
will conduct biennial audits of the institution's administration	4060
of capital facilities projects in accordance with division (C) of	4061
section 3345.51 of the Revised Code.	4062

(6) The board of trustees of the institution agrees in	4063
writing to indemnify and hold harmless the state and the	4064
~~department~~commission for any claim of injury, loss, or damage	4065
that results from the institution's administration of a capital	4066
facilities project.	4067

(E) Local administration competency certification granted	4068
under this section shall remain in effect for as long as the ~~state~~	4069
~~architect~~commission determines that both of the following apply:	4070

(1) The institution of higher education maintains a	4071
sufficient number of employees responsible for the administration	4072
of capital facilities projects who have successfully completed the	4073
certification program and have demonstrated a satisfactory level	4074
of knowledge of and competency in the requirements for	4075
administering capital facilities projects;	4076

(2) The institution is performing the biennial audits	4077
prescribed in division (C) of section 3345.51 of the Revised Code.	4078

If the ~~state architect~~commission determines that an	4079
institution of higher education has failed to comply with the	4080
conditions of division (E)(1) or (2) of this section, the ~~state~~	4081
~~architect~~commission shall revoke the institution's certification	4082
and shall notify the board of trustees of the institution in	4083
writing of the revocation.	4084

(F) The ~~state architect~~commission shall establish, subject	4085
to the approval of the director of budget and management, the	4086
amount of the fee required to be paid by any institution of higher	4087
education that seeks certification under this section. The amount	4088
of the fees shall be set to cover the costs to implement this	4089
section, including the costs for materials and the competency	4090
certification training sessions. Any fees received under this	4091
section shall be paid into the state treasury to the credit of the	4092
~~state architect's~~commission's fund established under section	4093
~~123.10~~123.201 of the Revised Code.	4094

(G) Nothing in this section shall prohibit an institution	4095
that administers a capital facilities project under section	4096
3345.51 of the Revised Code from requesting guidance or other	4097
services from the ~~department of administrative services~~	4098
commission.	4099

Sec. 123.26. (A) The executive director of the Ohio	4100
facilities construction commission shall regulate the rate of	4101
tolls to be collected on the construction or improvement of the	4102
public works of the state, and shall fix all rentals and collect	4103
all tolls, rents, fines, commissions, fees, and other revenues	4104
arising from any source in the construction or improvement of the	4105
public works of the state.	4106

(B) Deposits made to the commission's fund in the state	4107
treasury under section 123.201 of the Revised Code shall consist	4108
of money received by the commission under division (A) of this	4109
section, fees paid under section 123.24 of the Revised Code,	4110
transfers of money to the fund authorized by the general assembly,	4111
and such amount of the investment earnings of the administrative	4112
building fund created in division (F) of section 154.24 of the	4113
Revised Code as the director of budget and management determines	4114
to be appropriate and in excess of the amounts required to meet	4115
estimated federal arbitrage rebate requirements. Money in the fund	4116
shall be used by the commission for the following purposes:	4117

(1) To pay personnel and other administrative expenses of the	4118
commission;	4119

(2) To pay the cost of conducting evaluations of public	4120
works;	4121

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

4122

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

4123

(5) To pay the cost of operating the local administration	4124
competency certification program prescribed by section 123.24 of	4125
the Revised Code; and	4126

(6) Any other purposes that the executive director of the	4127
commission determines to be necessary for the commission to	4128
execute its duties under this chapter.	4129

~~Sec. 123.101.~~ Sec. 123.27. (A) As used in this section:

4130

"Capital facilities project" means the construction,	4131
reconstruction, improvement, enlargement, alteration, or repair of	4132
a building by a public entity.	4133

"Public entity" includes a state agency and a state	4134
institution of higher education.	4135

"State institution of higher education" has the same meaning	4136
as in section 3345.011 of the Revised Code.	4137

(B) Commencing not later than July 1, 2012, and upon	4138
completion of a capital facilities project that is funded wholly	4139
or in part using state funds, each public entity shall submit a	4140
report about the project to the executive director of	4141
~~administrative services~~the Ohio facilities construction	4142
commission. The report shall be submitted in Ohio administrative	4143
knowledge system capital improvement format or in a manner	4144
determined by the executive director and not later than thirty	4145
days after the project is complete. The report shall provide the	4146
total original contract bid, total cost of change orders, total	4147
actual cost of the project, total costs incurred for mediation and	4148
litigation services, and any other data requested by the executive	4149
director. The first report submitted pursuant to this division	4150
shall include information about any capital facilities project	4151
completed on or after July 1, 2011. Any capital facilities project	4152
that is funded wholly or in part through appropriations made to	4153
the Ohio school facilities commission, the Ohio public works	4154
commission, or the Ohio cultural facilities commission, or for	4155
which a joint use agreement has been entered into with any public	4156
entity, is exempt from the reporting requirement prescribed under	4157
this division.	4158

(C) Commencing not later than July 1, 2012, and annually	4159
thereafter, the attorney general shall report to the executive	4160
director of the Ohio facilities construction commission on any	4161
mediation and litigation costs associated with capital facilities	4162
projects for which a judgment has been rendered. The report shall	4163
be submitted in a manner prescribed by the executive director and	4164
shall contain any information requested by the executive director	4165
related to capital facilities project mediation and litigation	4166
costs.	4167

(D) As soon as practicable after such information is made	4168
available, the executive director of ~~administrative services~~the	4169
Ohio facilities construction commission shall incorporate the	4170
information reported pursuant to divisions (B) and (C) of this	4171
section into the Ohio administrative knowledge system.	4172

Sec. 124.04. In addition to those powers enumerated in	4173
Chapters 123. and 125. of the Revised Code and as provided	4174
elsewhere by law, the powers, duties, and functions of the	4175
department of administrative services not specifically vested in	4176
and assigned to, or to be performed by, the state personnel board	4177
of review are hereby vested in and assigned to, and shall be	4178
performed by, the director of administrative services. These	4179
powers, duties, and functions shall include, but shall not be	4180
limited to, the following powers, duties, and functions:	4181

(A) To prepare, conduct, and grade all competitive	4182
examinations for positions in the classified ~~state~~ service of the	4183
state;	4184

(B) To prepare, conduct, and grade all noncompetitive	4185
examinations for positions in the classified ~~state~~ service of the	4186
state;	4187

(C) To prepare eligible lists containing the names of persons	4188
qualified for appointment to positions in the classified ~~state~~	4189
service of the state;	4190

(D) To prepare or amend, in accordance with section 124.14 of	4191
the Revised Code, specifications descriptive of duties,	4192
responsibilities, requirements, and desirable qualifications of	4193
the various classifications of positions in the ~~state~~ service of	4194
the state;	4195

(E) To allocate and reallocate, upon the motion of the	4196
director or upon request of an appointing authority and in	4197
accordance with section 124.14 of the Revised Code, any position,	4198
office, or employment in the ~~state~~ service of the state to the	4199
appropriate classification on the basis of the duties,	4200
responsibilities, requirements, and qualifications of that	4201
position, office, or employment;	4202

(F) To develop and conduct personnel recruitment services and	4203
assist appointing authorities in recruiting qualified applicants	4204
for positions in the ~~state~~ service of the state;	4205

(G) To conduct research on specifications, classifications,	4206
and salaries of positions in the ~~state~~ service of the state;	4207

(H) To develop and conduct personnel training programs,	4208
including supervisory training programs and best practices plans,	4209
and to develop merit hiring processes, in cooperation with	4210
appointing authorities for positions in the service of the state;	4211

(I) To include periodically in communications sent to state	4212
employees both of the following:	4213

(1) Information developed under section 2108.34 of the	4214
Revised Code promoting the donation of anatomical gifts under	4215
Chapter 2108. of the Revised Code;	4216

(2) Information about the liver or kidney donor and bone	4217
marrow donor leave granted under section 124.139 of the Revised	4218
Code.	4219

(J) To enter into agreements with universities and colleges	4220
for in-service training of officers and employees in the civil	4221
service ~~and to assist appointing authorities in recruiting~~	4222
~~qualified applicants~~;	4223

(K) To appoint examiners, inspectors, clerks, and other	4224
assistants necessary in the exercise of the powers and performance	4225
of the duties and functions which the director is by law	4226
authorized and required to exercise and perform, and to prescribe	4227
the duties of all of those employees;	4228

(L) To maintain a journal, which shall be open to public	4229
inspection, in which the director shall keep a record of the	4230
director's final decision pertaining to the classification or	4231
reclassification of positions in the classified civil service of	4232
the state and assignment or reassignment of employees in the	4233
classified civil service of the state to specific position	4234
classifications;	4235

(M) To delegate any of the powers, functions, or duties	4236
granted or assigned to the director under this chapter to any	4237
other state agency of this state as the director considers	4238
necessary;	4239

(N) To delegate any of the powers, functions, or duties	4240
granted or assigned to the director under this chapter to any	4241
political subdivision with the concurrence of the legislative	4242
authority of the political subdivision.	4243

(O) To administer a state equal employment opportunity	4244
program.	4245

Sec. 124.06. No person shall be appointed, removed,	4246
transferred, laid off, suspended, reinstated, promoted, or reduced	4247
as an officer or employee in the civil service, in any manner or	4248
by any means other than those prescribed in this chapter, and the	4249
rules of the director of administrative services for positions in	4250
the service of the state or the municipal or civil service	4251
township civil service commission within their respective	4252
jurisdictions.	4253

Sec. 124.11. The civil service of the state and the several	4254
counties, cities, civil service townships, city health districts,	4255
general health districts, and city school districts of the state	4256
shall be divided into the unclassified service and the classified	4257
service.	4258

(A) The unclassified service shall comprise the following	4259
positions, which shall not be included in the classified service,	4260
and which shall be exempt from all examinations required by this	4261
chapter:	4262

(1) All officers elected by popular vote or persons appointed	4263
to fill vacancies in those offices;	4264

(2) All election officers as defined in section 3501.01 of	4265
the Revised Code;	4266

(3)(a) The members of all boards and commissions, and heads	4267
of principal departments, boards, and commissions appointed by the	4268
governor or by and with the governor's consent;	4269

(b) The heads of all departments appointed by a board of	4270
county commissioners;	4271

(c) The members of all boards and commissions and all heads	4272
of departments appointed by the mayor, or, if there is no mayor,	4273
such other similar chief appointing authority of any city or city	4274
school district;	4275

Except as otherwise provided in division (A)(17) or (C) of	4276
this section, this chapter does not exempt the chiefs of police	4277
departments and chiefs of fire departments of cities or civil	4278
service townships from the competitive classified service.	4279

(4) The members of county or district licensing boards or	4280
commissions and boards of revision, and not more than five deputy	4281
county auditors;	4282

(5) All officers and employees elected or appointed by either	4283
or both branches of the general assembly, and employees of the	4284
city legislative authority engaged in legislative duties;	4285

(6) All commissioned, warrant, and noncommissioned officers	4286
and enlisted persons in the Ohio organized militia, including	4287
military appointees in the adjutant general's department;	4288

(7)(a) All presidents, business managers, administrative	4289
officers, superintendents, assistant superintendents, principals,	4290
deans, assistant deans, instructors, teachers, and such employees	4291
as are engaged in educational or research duties connected with	4292
the public school system, colleges, and universities, as	4293
determined by the governing body of the public school system,	4294
colleges, and universities;	4295

(b) The library staff of any library in the state supported	4296
wholly or in part at public expense.	4297

(8) Four clerical and administrative support employees for	4298
each of the elective state officers, four clerical and	4299
administrative support employees for each board of county	4300
commissioners and one such employee for each county commissioner,	4301
and four clerical and administrative support employees for other	4302
elective officers and each of the principal appointive executive	4303
officers, boards, or commissions, except for civil service	4304
commissions, that are authorized to appoint such clerical and	4305
administrative support employees;	4306

(9) The deputies and assistants of state agencies authorized	4307
to act for and on behalf of the agency, or holding a fiduciary or	4308
administrative relation to that agency and those persons employed	4309
by and directly responsible to elected county officials or a	4310
county administrator and holding a fiduciary or administrative	4311
relationship to such elected county officials or county	4312
administrator, and the employees of such county officials whose	4313
fitness would be impracticable to determine by competitive	4314
examination, provided that division (A)(9) of this section shall	4315
not affect those persons in county employment in the classified	4316
service as of September 19, 1961. Nothing in division (A)(9) of	4317
this section applies to any position in a county department of job	4318
and family services created pursuant to Chapter 329. of the	4319
Revised Code.	4320

(10) Bailiffs, constables, official stenographers, and	4321
commissioners of courts of record, deputies of clerks of the	4322
courts of common pleas who supervise or who handle public moneys	4323
or secured documents, and such officers and employees of courts of	4324
record and such deputies of clerks of the courts of common pleas	4325
as the ~~director of administrative services~~appointing authority	4326
finds it impracticable to determine their fitness by competitive	4327
examination;	4328

(11) Assistants to the attorney general, special counsel	4329
appointed or employed by the attorney general, assistants to	4330
county prosecuting attorneys, and assistants to city directors of	4331
law;	4332

(12) Such teachers and employees in the agricultural	4333
experiment stations; such students in normal schools, colleges,	4334
and universities of the state who are employed by the state or a	4335
political subdivision of the state in student or intern	4336
classifications; and such unskilled labor positions as the	4337
director of administrative services, with respect to positions in	4338
the service of the state, or any municipal civil service	4339
commission may find it impracticable to include in the competitive	4340
classified service; provided such exemptions shall be by order of	4341
the commission or the director, duly entered on the record of the	4342
commission or the director with the reasons for each such	4343
exemption;	4344

(13) Any physician or dentist who is a full-time employee of	4345
the department of mental health, the department of developmental	4346
disabilities, or an institution under the jurisdiction of either	4347
department; and physicians who are in residency programs at the	4348
institutions;	4349

(14) Up to twenty positions at each institution under the	4350
jurisdiction of the department of mental health or the department	4351
of developmental disabilities that the department director	4352
determines to be primarily administrative or managerial; and up to	4353
fifteen positions in any division of either department, excluding	4354
administrative assistants to the director and division chiefs,	4355
which are within the immediate staff of a division chief and which	4356
the director determines to be primarily and distinctively	4357
administrative and managerial;	4358

(15) Noncitizens of the United States employed by the state,	4359
or its counties or cities, as physicians or nurses who are duly	4360
licensed to practice their respective professions under the laws	4361
of this state, or medical assistants, in mental or chronic disease	4362
hospitals, or institutions;	4363

(16) Employees of the governor's office;

4364

(17) Fire chiefs and chiefs of police in civil service	4365
townships appointed by boards of township trustees under section	4366
505.38 or 505.49 of the Revised Code;	4367

(18) Executive directors, deputy directors, and program	4368
directors employed by boards of alcohol, drug addiction, and	4369
mental health services under Chapter 340. of the Revised Code, and	4370
secretaries of the executive directors, deputy directors, and	4371
program directors;	4372

(19) Superintendents, and management employees as defined in	4373
section 5126.20 of the Revised Code, of county boards of	4374
developmental disabilities;	4375

(20) Physicians, nurses, and other employees of a county	4376
hospital who are appointed pursuant to sections 339.03 and 339.06	4377
of the Revised Code;	4378

(21) The executive director of the state medical board, who	4379
is appointed pursuant to division (B) of section 4731.05 of the	4380
Revised Code;	4381

(22) County directors of job and family services as provided	4382
in section 329.02 of the Revised Code and administrators appointed	4383
under section 329.021 of the Revised Code;	4384

(23) A director of economic development who is hired pursuant	4385
to division (A) of section 307.07 of the Revised Code;	4386

(24) Chiefs of construction and compliance, of operations and	4387
maintenance, of worker protection, and of licensing and	4388
certification in the division of ~~labor~~industrial compliance in	4389
the department of commerce;	4390

(25) The executive director of a county transit system	4391
appointed under division (A) of section 306.04 of the Revised	4392
Code;	4393

(26) Up to five positions at each of the administrative	4394
departments listed in section 121.02 of the Revised Code and at	4395
the department of taxation, department of the adjutant general,	4396
department of education, Ohio board of regents, bureau of workers'	4397
compensation, industrial commission, state lottery commission, and	4398
public utilities commission of Ohio that the head of that	4399
administrative department or of that other state agency determines	4400
to be involved in policy development and implementation. The head	4401
of the administrative department or other state agency shall set	4402
the compensation for employees in these positions at a rate that	4403
is not less than the minimum compensation specified in pay range	4404
41 but not more than the maximum compensation specified in pay	4405
range 44 of salary schedule E-2 in section 124.152 of the Revised	4406
Code. The authority to establish positions in the unclassified	4407
service under division (A)(26) of this section is in addition to	4408
and does not limit any other authority that an administrative	4409
department or state agency has under the Revised Code to establish	4410
positions, appoint employees, or set compensation.	4411

(27) Employees of the department of agriculture employed	4412
under section 901.09 of the Revised Code;	4413

(28) For cities, counties, civil service townships, city	4414
health districts, general health districts, and city school	4415
districts, the deputies and assistants of elective or principal	4416
executive officers authorized to act for and in the place of their	4417
principals or holding a fiduciary relation to their principals;	4418

(29) Employees who receive intermittent or temporary	4419
appointments under division (B) of section 124.30 of the Revised	4420
Code;	4421

(30) Employees appointed to administrative staff positions	4422
for which an appointing authority is given specific statutory	4423
authority to set compensation;	4424

(31) Employees appointed to highway patrol cadet or highway	4425
patrol cadet candidate classifications;	4426

(32) Employees placed in the unclassified service by another	4427
section of the Revised Code.	4428

(B) The classified service shall comprise all persons in the	4429
employ of the state and the several counties, cities, city health	4430
districts, general health districts, and city school districts of	4431
the state, not specifically included in the unclassified service.	4432
Upon the creation by the board of trustees of a civil service	4433
township civil service commission, the classified service shall	4434
also comprise, except as otherwise provided in division (A)(17) or	4435
(C) of this section, all persons in the employ of a civil service	4436
township police or fire department having ten or more full-time	4437
paid employees. The classified service consists of two classes,	4438
which shall be designated as the competitive class and the	4439
unskilled labor class.	4440

(1) The competitive class shall include all positions and	4441
employments in the state and the counties, cities, city health	4442
districts, general health districts, and city school districts of	4443
the state, and, upon the creation by the board of trustees of a	4444
civil service township of a township civil service commission, all	4445
positions in a civil service township police or fire department	4446
having ten or more full-time paid employees, for which it is	4447
practicable to determine the merit and fitness of applicants by	4448
competitive examinations. Appointments shall be made to, or	4449
employment shall be given in, all positions in the competitive	4450
class that are not filled by promotion, reinstatement, transfer,	4451
or reduction, as provided in this chapter, and the rules of the	4452
director of administrative services, by appointment from those	4453
certified to the appointing officer in accordance with this	4454
chapter.	4455

(2) The unskilled labor class shall include ordinary	4456
unskilled laborers. Vacancies in the labor class for positions in	4457
service of the state shall be filled by appointment from lists of	4458
applicants registered by the director or the director's designee.	4459
Vacancies in the labor class for all other positions shall be	4460
filled by appointment from lists of applicants registered by a	4461
commission. The director or the commission, as applicable, by	4462
rule, shall require an applicant for registration in the labor	4463
class to furnish evidence or take tests as the director or	4464
commission considers proper with respect to age, residence,	4465
physical condition, ability to labor, honesty, sobriety, industry,	4466
capacity, and experience in the work or employment for which	4467
application is made. Laborers who fulfill the requirements shall	4468
be placed on the eligible list for the kind of labor or employment	4469
sought, and preference shall be given in employment in accordance	4470
with the rating received from that evidence or in those tests.	4471
Upon the request of an appointing officer, stating the kind of	4472
labor needed, the pay and probable length of employment, and the	4473
number to be employed, the director or commission, as applicable,	4474
shall certify from the highest on the list double the number to be	4475
employed; from this number, the appointing officer shall appoint	4476
the number actually needed for the particular work. If more than	4477
one applicant receives the same rating, priority in time of	4478
application shall determine the order in which their names shall	4479
be certified for appointment.	4480

(C) A municipal or civil service township civil service	4481
commission may place volunteer firefighters who are paid on a	4482
fee-for-service basis in either the classified or the unclassified	4483
civil service.	4484

(D)(1) This division does not apply to persons in the	4485
unclassified service who have the right to resume positions in the	4486
classified service under sections 4121.121, 5119.071, 5120.38,	4487
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised	4488
Code or to cities, counties, or political subdivisions of the	4489
state.	4490

~~An appointing authority whose employees are paid directly by~~	4491
~~warrant of the director of budget and management may appoint a~~	4492
~~person who holds a certified position in the classified service~~	4493
~~within the appointing authority's agency to a position in the~~	4494
~~unclassified service within that agency.~~(2) A person ~~appointed~~	4495
~~pursuant to this division~~who holds a position in the classified	4496
service of the state and who is appointed to a position in the	4497
unclassified service shall retain the right to resume the position	4498
and status held by the person in the classified service	4499
immediately prior to the person's appointment to the position in	4500
the unclassified service, regardless of the number of positions	4501
the person held in the unclassified service. An employee's right	4502
to resume a position in the classified service may only be	4503
exercised when an appointing authority demotes the employee to a	4504
pay range lower than the employee's current pay range or revokes	4505
the employee's appointment to the unclassified service.and:	4506

(a) That person held a certified position prior to July 1,	4507
2007, in the classified service within the appointing authority's	4508
agency; or	4509

(b) That person held a permanent position on or after July 1,	4510
2007, in the classified service within the appointing authority's	4511
agency.	4512

(3) An employee forfeits the right to resume a position in	4513
the classified service when ~~the~~:	4514

(a) The employee is removed from the position in the	4515
unclassified service due to incompetence, inefficiency,	4516
dishonesty, drunkenness, immoral conduct, insubordination,	4517
discourteous treatment of the public, neglect of duty, violation	4518
of this chapter or the rules of the director of administrative	4519
services, any other failure of good behavior, any other acts of	4520
misfeasance, malfeasance, or nonfeasance in office, or conviction	4521
of a felony~~. An employee also forfeits the right to resume a~~	4522
~~position in the classified service upon~~; or	4523

(b) Upon transfer to a different agency.

4524

(4) Reinstatement to a position in the classified service	4525
shall be to a position substantially equal to that position in the	4526
classified service held previously, as certified by the director	4527
of administrative services. If the position the person previously	4528
held in the classified service has been placed in the unclassified	4529
service or is otherwise unavailable, the person shall be appointed	4530
to a position in the classified service within the appointing	4531
authority's agency that the director of administrative services	4532
certifies is comparable in compensation to the position the person	4533
previously held in the classified service. Service in the position	4534
in the unclassified service shall be counted as service in the	4535
position in the classified service held by the person immediately	4536
prior to the person's appointment to the position in the	4537
unclassified service. When a person is reinstated to a position in	4538
the classified service as provided in this division, the person is	4539
entitled to all rights, status, and benefits accruing to the	4540
position in the classified service during the person's time of	4541
service in the position in the unclassified service.	4542

Sec. 124.12. (A) Within ninety days after an appointing	4543
authority appoints an employee to an unclassified position in the	4544
service of the state, the appointing authority shall notify the	4545
department of administrative services of that appointment.	4546

(B) On the date an appointing authority appoints an employee	4547
to an unclassified position in the state service, the appointing	4548
authority shall provide the employee with written information	4549
describing the nature of employment in the unclassified civil	4550
service. Within thirty days after the date an appointing authority	4551
appoints an employee to an unclassified position in the state	4552
service, the appointing authority shall provide the employee with	4553
written information describing the duties of that position.	4554
Failure of the appointing authority to provide the written	4555
information described in this division to the employee does not	4556
confer any additional rights upon the employee in any appellate	4557
body with jurisdiction over an appeal of the employee.	4558

(C) The department shall develop and provide each appointing	4559
authority in the ~~state~~ service of the state with a general written	4560
description of the nature of employment in the unclassified civil	4561
service that shall be provided to employees under division (B) of	4562
this section.	4563

Sec. 124.14. (A)(1) The director of administrative services	4564
shall establish, and may modify or rescind, by rule, a job	4565
classification plan for all positions, offices, and employments	4566
the salaries of which are paid in whole or in part by the state.	4567
The director shall group jobs within a classification so that the	4568
positions are similar enough in duties and responsibilities to be	4569
described by the same title, to have the same pay assigned with	4570
equity, and to have the same qualifications for selection applied.	4571
The director shall, by rule, assign a classification title to each	4572
classification within the classification plan. However, the	4573
director shall consider in establishing classifications, including	4574
classifications with parenthetical titles, and assigning pay	4575
ranges such factors as duties performed only on one shift, special	4576
skills in short supply in the labor market, recruitment problems,	4577
separation rates, comparative salary rates, the amount of training	4578
required, and other conditions affecting employment. The director	4579
shall describe the duties and responsibilities of the class,	4580
establish the qualifications for being employed in each position	4581
in the class, and file with the secretary of state a copy of	4582
specifications for all of the classifications. The director shall	4583
file new, additional, or revised specifications with the secretary	4584
of state before they are used.	4585

The director shall, by rule, assign each classification,	4586
either on a statewide basis or in particular counties or state	4587
institutions, to a pay range established under section 124.15 or	4588
section 124.152 of the Revised Code. The director may assign a	4589
classification to a pay range on a temporary basis for a period of	4590
six months. The director may establish, by rule adopted under	4591
Chapter 119. of the Revised Code, experimental classification	4592
plans for some or all employees paid directly by warrant of the	4593
director of budget and management. The rule shall include	4594
specifications for each classification within the plan and shall	4595
specifically address compensation ranges, and methods for	4596
advancing within the ranges, for the classifications, which may be	4597
assigned to pay ranges other than the pay ranges established under	4598
section 124.15 or 124.152 of the Revised Code.	4599

(2) The director of administrative services may reassign to a	4600
proper classification those positions that have been assigned to	4601
an improper classification. If the compensation of an employee in	4602
such a reassigned position exceeds the maximum rate of pay for the	4603
employee's new classification, the employee shall be placed in pay	4604
step X and shall not receive an increase in compensation until the	4605
maximum rate of pay for that classification exceeds the employee's	4606
compensation.	4607

(3) The director may reassign an exempt employee, as defined	4608
in section 124.152 of the Revised Code, to a bargaining unit	4609
classification if the director determines that the bargaining unit	4610
classification is the proper classification for that employee.	4611
Notwithstanding Chapter 4117. of the Revised Code or instruments	4612
and contracts negotiated under it, these placements are at the	4613
director's discretion.	4614

(4) The director shall, by rule, assign related	4615
classifications, which form a career progression, to a	4616
classification series. The director shall, by rule, assign each	4617
classification in the classification plan a five-digit number, the	4618
first four digits of which shall denote the classification series	4619
to which the classification is assigned. When a career progression	4620
encompasses more than ten classifications, the director shall, by	4621
rule, identify the additional classifications belonging to a	4622
classification series. The additional classifications shall be	4623
part of the classification series, notwithstanding the fact that	4624
the first four digits of the number assigned to the additional	4625
classifications do not correspond to the first four digits of the	4626
numbers assigned to other classifications in the classification	4627
series.	4628

~~(5) The director may establish, modify, or rescind a~~	4629
~~classification plan for county agencies that elect not to use the~~	4630
~~services and facilities of a county personnel department. The~~	4631
~~director shall establish any such classification plan by means of~~	4632
~~rules adopted under Chapter 119. of the Revised Code. The rules~~	4633
~~shall include a methodology for the establishment of titles unique~~	4634
~~to county agencies, the use of state classification titles and~~	4635
~~classification specifications for common positions, the criteria~~	4636
~~for a county to meet in establishing its own classification plan,~~	4637
~~and the establishment of what constitutes a classification series~~	4638
~~for county agencies. The director may assess a county agency that~~	4639
~~chooses to use the classification plan a usage fee the director~~	4640
~~determines. All usage fees the department of administrative~~	4641
~~services receives shall be paid into the state treasury to the~~	4642
~~credit of the human resources fund created in section 124.07 of~~	4643
~~the Revised Code.~~	4644

(B) Division (A) of this section and sections 124.15 and	4645
124.152 of the Revised Code do not apply to the following persons,	4646
positions, offices, and employments:	4647

(1) Elected officials;

4648

(2) Legislative employees, employees of the legislative	4649
service commission, employees in the office of the governor,	4650
employees who are in the unclassified civil service and exempt	4651
from collective bargaining coverage in the office of the secretary	4652
of state, auditor of state, treasurer of state, and attorney	4653
general, and employees of the supreme court;	4654

(3) ~~Employees of a county children services board that~~	4655
~~establishes compensation rates under section 5153.12 of the~~	4656
~~Revised Code;~~	4657

~~(4)~~ Any position for which the authority to determine	4658
compensation is given by law to another individual or entity;	4659

~~(5)~~(4) Employees of the bureau of workers' compensation whose	4660
compensation the administrator of workers' compensation	4661
establishes under division (B) of section 4121.121 of the Revised	4662
Code.	4663

(C) The director may employ a consulting agency to aid and	4664
assist the director in carrying out this section.	4665

(D)(1) When the director proposes to modify a classification	4666
or the assignment of classes to appropriate pay ranges, the	4667
director shall send written notice of the proposed rule to the	4668
appointing authorities of the affected employees thirty days	4669
before a hearing on the proposed rule. The appointing authorities	4670
shall notify the affected employees regarding the proposed rule.	4671
The director also shall send those appointing authorities notice	4672
of any final rule that is adopted within ten days after adoption.	4673

(2) When the director proposes to reclassify any employee in	4674
the service of the state so that the employee is adversely	4675
affected, the director shall give to the employee affected and to	4676
the employee's appointing authority a written notice setting forth	4677
the proposed new classification, pay range, and salary. Upon the	4678
request of any classified employee in the service of the state who	4679
is not serving in a probationary period, the director shall	4680
perform a job audit to review the classification of the employee's	4681
position to determine whether the position is properly classified.	4682
The director shall give to the employee affected and to the	4683
employee's appointing authority a written notice of the director's	4684
determination whether or not to reclassify the position or to	4685
reassign the employee to another classification. An employee or	4686
appointing authority desiring a hearing shall file a written	4687
request for the hearing with the state personnel board of review	4688
within thirty days after receiving the notice. The board shall set	4689
the matter for a hearing and notify the employee and appointing	4690
authority of the time and place of the hearing. The employee, the	4691
appointing authority, or any authorized representative of the	4692
employee who wishes to submit facts for the consideration of the	4693
board shall be afforded reasonable opportunity to do so. After the	4694
hearing, the board shall consider anew the reclassification and	4695
may order the reclassification of the employee and require the	4696
director to assign the employee to such appropriate classification	4697
as the facts and evidence warrant. As provided in division (A)(1)	4698
of section 124.03 of the Revised Code, the board may determine the	4699
most appropriate classification for the position of any employee	4700
coming before the board, with or without a job audit. The board	4701
shall disallow any reclassification or reassignment classification	4702
of any employee when it finds that changes have been made in the	4703
duties and responsibilities of any particular employee for	4704
political, religious, or other unjust reasons.	4705

(E)(1) Employees of each county department of job and family	4706
services shall be paid a salary or wage established by the board	4707
of county commissioners. The provisions of section 124.18 of the	4708
Revised Code concerning the standard work week apply to employees	4709
of county departments of job and family services. A board of	4710
county commissioners may do either of the following:	4711

(a) Notwithstanding any other section of the Revised Code,	4712
supplement the sick leave, vacation leave, personal leave, and	4713
other benefits of any employee of the county department of job and	4714
family services of that county, if the employee is eligible for	4715
the supplement under a written policy providing for the	4716
supplement;	4717

(b) Notwithstanding any other section of the Revised Code,	4718
establish alternative schedules of sick leave, vacation leave,	4719
personal leave, or other benefits for employees not inconsistent	4720
with the provisions of a collective bargaining agreement covering	4721
the affected employees.	4722

(2) Division (E)(1) of this section does not apply to	4723
employees for whom the state employment relations board	4724
establishes appropriate bargaining units pursuant to section	4725
4117.06 of the Revised Code, except in either of the following	4726
situations:	4727

(a) The employees for whom the state employment relations	4728
board establishes appropriate bargaining units elect no	4729
representative in a board-conducted representation election.	4730

(b) After the state employment relations board establishes	4731
appropriate bargaining units for such employees, all employee	4732
organizations withdraw from a representation election.	4733

(F)(1) Notwithstanding any contrary provision of sections	4734
124.01 to 124.64 of the Revised Code, the board of trustees of	4735
each state university or college, as defined in section 3345.12 of	4736
the Revised Code, shall carry out all matters of governance	4737
involving the officers and employees of the university or college,	4738
including, but not limited to, the powers, duties, and functions	4739
of the department of administrative services and the director of	4740
administrative services specified in this chapter. Officers and	4741
employees of a state university or college shall have the right of	4742
appeal to the state personnel board of review as provided in this	4743
chapter.	4744

(2) Each board of trustees shall adopt rules under section	4745
111.15 of the Revised Code to carry out the matters of governance	4746
described in division (F)(1) of this section. Until the board of	4747
trustees adopts those rules, a state university or college shall	4748
continue to operate pursuant to the applicable rules adopted by	4749
the director of administrative services under this chapter.	4750

(G)(1) Each board of county commissioners may, by a	4751
resolution adopted by a majority of its members, establish a	4752
county personnel department to exercise the powers, duties, and	4753
functions specified in division (G) of this section. As used in	4754
division (G) of this section, "county personnel department" means	4755
a county personnel department established by a board of county	4756
commissioners under division (G)(1) of this section.	4757

(2)(a) Each board of county commissioners, by a resolution	4758
adopted by a majority of its members, may designate the county	4759
personnel department of the county to exercise the powers, duties,	4760
and functions specified in sections 124.01 to 124.64 and Chapter	4761
325. of the Revised Code with regard to employees in the service	4762
of the county, except for the powers and duties of the state	4763
personnel board of review, which powers and duties shall not be	4764
construed as having been modified or diminished in any manner by	4765
division (G)(2) of this section, with respect to the employees for	4766
whom the board of county commissioners is the appointing authority	4767
or co-appointing authority.	4768

(b) Nothing in division (G)(2) of this section shall be	4769
construed to limit the right of any employee who possesses the	4770
right of appeal to the state personnel board of review to continue	4771
to possess that right of appeal.	4772

(c) Any board of county commissioners that has established a	4773
county personnel department may contract with the department of	4774
administrative services, in accordance with division (H) of this	4775
section, another political subdivision, or an appropriate public	4776
or private entity to provide competitive testing services or other	4777
appropriate services.	4778

(3) After the county personnel department of a county has	4779
been established as described in division (G)(2) of this section,	4780
any elected official, board, agency, or other appointing authority	4781
of that county, upon written notification to the county personnel	4782
department, may elect to use the services and facilities of the	4783
county personnel department. Upon receipt of the notification by	4784
the county personnel department, the county personnel department	4785
shall exercise the powers, duties, and functions as described in	4786
division (G)(2) of this section with respect to the employees of	4787
that elected official, board, agency, or other appointing	4788
authority.	4789

(4) Each board of county commissioners, by a resolution	4790
adopted by a majority of its members, may disband the county	4791
personnel department.	4792

(5) Any elected official, board, agency, or appointing	4793
authority of a county may end its involvement with a county	4794
personnel department upon actual receipt by the department of a	4795
certified copy of the notification that contains the decision to	4796
no longer participate.	4797

(6) ~~The director of administrative services may, by rule~~	4798
~~adopted in accordance with Chapter 119. of the Revised Code,~~	4799
~~prescribe criteria and procedures for the following:~~	4800

~~(a)~~ A ~~requirement that each~~ county personnel department, in	4801
carrying out its duties, shall adhere to merit system principles	4802
with regard to employees of county departments of job and family	4803
services, child support enforcement agencies, and public child	4804
welfare agencies so that there is no threatened loss of federal	4805
funding for these agencies, and ~~a requirement that~~ the county be	4806
is financially liable to the state for any loss of federal funds	4807
due to the action or inaction of the county personnel department.	4808
~~The costs associated with audits conducted to monitor compliance~~	4809
~~with division (G)(6)(a) of this section shall be reimbursed to the~~	4810
~~department of administrative services as determined by the~~	4811
~~director. All money the department receives for these audits shall~~	4812
~~be paid into the state treasury to the credit of the human~~	4813
~~resources fund created in section 124.07 of the Revised Code.~~	4814

~~(b) Authorization for the director of administrative services~~	4815
~~to conduct periodic audits and reviews of county personnel~~	4816
~~departments to guarantee the uniform application of the powers,~~	4817
~~duties, and functions exercised pursuant to division (G)(2)(a) of~~	4818
~~this section. The costs of the audits and reviews shall be~~	4819
~~reimbursed to the department of administrative services as~~	4820
~~determined by the director by the county for which the services~~	4821
~~are performed. All money the department receives shall be paid~~	4822
~~into the state treasury to the credit of the human resources fund~~	4823
~~created in section 124.07 of the Revised Code.~~	4824

(H) County agencies may contract with the department of	4825
administrative services for any human resources services,	4826
including, but not limited to, establishment and modification of	4827
job classification plans, competitive testing services, and	4828
periodic audits and reviews of the county's uniform application of	4829
the powers, duties, and functions specified in sections 124.01 to	4830
124.64 and Chapter 325. of the Revised Code with regard to	4831
employees in the service of the county. Nothing in this division	4832
modifies the powers and duties of the state personnel board of	4833
review with respect to employees in the service of the county.	4834
Nothing in this division limits the right of any employee who	4835
possesses the right of appeal to the state personnel board of	4836
review to continue to possess that right of appeal.	4837

(I) The director of administrative services shall establish	4838
the rate and method of compensation for all employees who are paid	4839
directly by warrant of the director of budget and management and	4840
who are serving in positions that the director of administrative	4841
services has determined impracticable to include in the state job	4842
classification plan. This division does not apply to elected	4843
officials, legislative employees, employees of the legislative	4844
service commission, employees who are in the unclassified civil	4845
service and exempt from collective bargaining coverage in the	4846
office of the secretary of state, auditor of state, treasurer of	4847
state, and attorney general, employees of the courts, employees of	4848
the bureau of workers' compensation whose compensation the	4849
administrator of workers' compensation establishes under division	4850
(B) of section 4121.121 of the Revised Code, or employees of an	4851
appointing authority authorized by law to fix the compensation of	4852
those employees.	4853

~~(I)~~(J) The director of administrative services shall set the	4854
rate of compensation for all intermittent, seasonal, temporary,	4855
emergency, and casual employees in the service of the state who	4856
are not considered public employees under section 4117.01 of the	4857
Revised Code. Those employees are not entitled to receive employee	4858
benefits. This rate of compensation shall be equitable in terms of	4859
the rate of employees serving in the same or similar	4860
classifications. This division does not apply to elected	4861
officials, legislative employees, employees of the legislative	4862
service commission, employees who are in the unclassified civil	4863
service and exempt from collective bargaining coverage in the	4864
office of the secretary of state, auditor of state, treasurer of	4865
state, and attorney general, employees of the courts, employees of	4866
the bureau of workers' compensation whose compensation the	4867
administrator establishes under division (B) of section 4121.121	4868
of the Revised Code, or employees of an appointing authority	4869
authorized by law to fix the compensation of those employees.	4870

Sec. 124.231. (A) As used in this section, "legally blind	4871
person" means any person who qualifies as being blind under any	4872
Ohio or federal statute, or any rule adopted thereunder. As used	4873
in this section, "legally deaf person" means any person who	4874
qualifies as being deaf under any Ohio or federal statute, or any	4875
rule adopted thereunder.	4876

(B) When an examination is to be administered under sections	4877
124.01 to ~~124.64~~124.31 of the Revised Code, the director of	4878
administrative services or the director's designee shall whenever	4879
practicable arrange for special examinations to be administered to	4880
legally blind or legally deaf persons applying for positions in	4881
the classified service of the state to ensure that the abilities	4882
of such applicants are properly assessed and that such applicants	4883
are not subject to discrimination because they are legally blind	4884
or legally deaf persons.	4885

Sec. 124.241. As used in this section, "professional	4886
employee" has the same meaning as in section 5126.20 of the	4887
Revised Code and "registered service employee" means a service	4888
employee, as defined in section 5126.20 of the Revised Code, who	4889
is registered under section 5126.25 of the Revised Code.	4890

County boards of developmental disabilities may hire	4891
professional employees and registered service employees in the	4892
classified service on the basis of the candidates' qualifications	4893
rather than on the basis of the results of ana civil service	4894
examination ~~administered by the director of administrative~~	4895
~~services pursuant to~~, as described in division (D) of section	4896
124.23 of the Revised Code.	4897

Sec. 124.25. The director of administrative services shall	4898
require persons applying for an examination for original	4899
appointment in the service of the state to file with the director	4900
or the director's designee, within reasonable time prior to the	4901
examination, a formal application, in which the applicant shall	4902
state the applicant's name, address, and such other information as	4903
may reasonably be required concerning the applicant's education	4904
and experience. No inquiry shall be made as to religious or	4905
political affiliations or as to racial or ethnic origin of the	4906
applicant, except as necessary to gather equal employment	4907
opportunity or other statistics that, when compiled, will not	4908
identify any specific individual.	4909

Blank forms for applications shall be furnished by the	4910
director or the director's designee without charge to any person	4911
requesting the same. The director or the director's designee may	4912
require in connection with such application such certificate of	4913
persons having knowledge of the applicant as the good of the	4914
service demands. The director or the director's designee may	4915
refuse to appoint or examine an applicant, or, after an	4916
examination, refuse to certify the applicant as eligible, who is	4917
found to lack any of the established preliminary requirements for	4918
the examination, who is addicted to the habitual use of	4919
intoxicating liquors or drugs to excess, who has a pattern of poor	4920
work habits and performance with previous employers, who has been	4921
convicted of a felony, who has been guilty of infamous or	4922
notoriously disgraceful conduct, who has been dismissed from	4923
either branch of the civil service for delinquency or misconduct,	4924
or who has made false statements of any material fact, or	4925
practiced, or attempted to practice, any deception or fraud in the	4926
application or examination, in establishing eligibility, or	4927
securing an appointment.	4928

Sec. 124.26. From the returns of ~~the~~ examinations for	4929
positions in the service of the state, the director of	4930
administrative services or the director's designee shall prepare	4931
an eligible list of the persons whose general average standing	4932
upon examinations for the class or position is not less than the	4933
minimum fixed by the rules of the director, and who are otherwise	4934
eligible. Those persons shall take rank upon the eligible list as	4935
candidates in the order of their relative excellence as determined	4936
by the examination without reference to priority of the time of	4937
examination. If two or more applicants receive the same mark in an	4938
open competitive examination, priority in the time of filing the	4939
application with the director or the director's designee shall	4940
determine the order in which their names shall be placed on the	4941
eligible list, except that applicants eligible for veteran's	4942
preference under section 124.23 of the Revised Code shall receive	4943
priority in rank on the eligible list over nonveterans on the list	4944
with a rating equal to that of the veteran. Ties among veterans	4945
shall be decided by priority of filing the application.	4946

. An eligible list expires upon the filling or closing of the	4947
position. An expired eligible list may be used to fill a position	4948
of the same classification within the same appointing authority	4949
for which the list was created. But, in no event shall an expired	4950
list be used more than one year past its expiration date.	4951

Sec. 124.27. (A) Appointments to all positions in the	4952
classified civil service, that are not filled by promotion,	4953
transfer, or reduction, as provided in sections 124.01 to 124.64	4954
of the Revised Code and the rules of the director prescribed under	4955
those sections, shall be made only from those persons whose names	4956
take rank order on an eligible list, and no employment, except as	4957
provided in those sections, shall be otherwise given in the	4958
classified civil service ~~of this state or any political~~	4959
~~subdivision of the state~~. The appointing authority shall appoint	4960
in the following manner: each time a selection is made, it shall	4961
be from one of the names that ranks in the top ten names on the	4962
eligible list or the top twenty-five per cent of the eligible	4963
list, whichever is greater. ~~But, in~~In the event that ten or fewer	4964
names are on the eligible list, the appointing authority may	4965
select any of the listed candidates. Each person who qualifies for	4966
the veteran's preference under section 124.23 of the Revised Code,	4967
who is a resident of this state, and whose name is on the eligible	4968
list for a position is entitled to preference in original	4969
appointment to any such competitive position in the classified	4970
civil service of the state ~~and its civil divisions~~ over all other	4971
persons who are eligible for those appointments and who are	4972
standing on the relevant eligible list with a rating equal to that	4973
of the person qualifying for the veteran's preference.	4974

(B) All original and promotional appointments in the	4975
classified civil service, including appointments made pursuant to	4976
section 124.30 of the Revised Code, but not intermittent	4977
appointments, shall be for a probationary period, not less than	4978
sixty days nor more than one year, to be fixed by the rules of the	4979
director for appointments in the civil service of the state,	4980
except as provided in section 124.231 of the Revised Code, and	4981
except for original appointments to a police department as a	4982
police officer or to a fire department as a firefighter which	4983
shall be for a probationary period of one year. No appointment or	4984
promotion is final until the appointee has satisfactorily served	4985
the probationary period. If the service of the probationary	4986
employee is unsatisfactory, the employee may be removed or reduced	4987
at any time during the probationary period. If the appointing	4988
authority decides to remove a probationary employee in the service	4989
of the state, the appointing authority shall communicate the	4990
removal to the director. A probationary employee duly removed or	4991
reduced in position for unsatisfactory service does not have the	4992
right to appeal the removal or reduction under section 124.34 of	4993
the Revised Code.	4994

Sec. 124.30. (A) ~~Positions~~Classified positions in the	4995
~~classified~~civil service may be filled without competition as	4996
follows:	4997

(1) Whenever there are urgent reasons for filling a vacancy	4998
in any position in the classified civil service and the director	4999
of administrative services is unable to certify to the appointing	5000
authority, upon its request, a list of persons eligible for	5001
appointment to the position after a competitive examination, the	5002
appointing authority may fill the position by noncompetitive	5003
examination.	5004

A temporary appointment may be made without regard to the	5005
rules of sections 124.01 to 124.64 of the Revised Code. Except as	5006
otherwise provided in this division, the temporary appointment may	5007
not continue longer than one hundred twenty days, and in no case	5008
shall successive temporary appointments be made. A temporary	5009
appointment longer than one hundred twenty days may be made if	5010
necessary by reason of sickness, disability, or other approved	5011
leave of absence of regular officers or employees, in which case	5012
it may continue during the period of sickness, disability, or	5013
other approved leave of absence, subject to the rules of the	5014
director.	5015

(2) In case of a vacancy in a position in the classified	5016
civil service where peculiar and exceptional qualifications of a	5017
scientific, managerial, professional, or educational character are	5018
required, and upon satisfactory evidence that for specified	5019
reasons competition in this special case is impracticable and that	5020
the position can best be filled by a selection of some designated	5021
person of high and recognized attainments in those qualities, the	5022
director may suspend the provisions of sections 124.01 to 124.64	5023
of the Revised Code that require competition in this special case,	5024
but no suspension shall be general in its application. All such	5025
cases of suspension shall be reported in the annual report of the	5026
director with the reasons for each suspension. The director shall	5027
suspend the provisions when the director of job and family	5028
services provides the certification under section 5101.051 of the	5029
Revised Code that a position with the department of job and family	5030
services can best be filled if the provisions are suspended.	5031

(3) The acceptance or refusal by an eligible person of a	5032
temporary appointment shall not affect the person's standing on	5033
the eligible list for permanent appointment, nor shall the period	5034
of temporary service be counted as a part of the probationary	5035
service in case of subsequent appointment to a permanent position.	5036

(B) Persons who receive temporary or intermittent	5037
appointments are in the unclassified civil service and serve at	5038
the pleasure of their appointing authority.	5039

Sec. 124.31. Vacancies in positions in the classified civil	5040
service of the state shall be filled insofar as practicable by	5041
promotions. The director of administrative services shall provide	5042
in the director's rules for keeping a record of efficiency for	5043
each employee in the classified civil service of the state, and	5044
for making promotions in the classified civil service of the state	5045
on the basis of merit and by conduct and capacity in office.	5046

Sec. 125.082. (A) When purchasing equipment, materials, or	5047
supplies, the general assembly; the offices of all elected state	5048
officers; all departments, boards, offices, commissions, agencies,	5049
institutions, including, without limitation, state-supported	5050
institutions of higher education, and other instrumentalities of	5051
this state; the supreme court; all courts of appeals; and all	5052
courts of common pleas, may purchase recycled products in	5053
accordance with the guidelines adopted under division (B) of this	5054
section if the products are available and meet the performance	5055
specifications of the procuring entities. Purchases of recycled	5056
products shall comply with any rules adopted under division (C) of	5057
this section.	5058

(B) The director of administrative services shall adopt rules	5059
in accordance with Chapter 119. of the Revised Code establishing	5060
guidelines for the procurement of recycled products pursuant to	5061
division (A) of this section. To the extent practicable, the	5062
guidelines shall do all of the following:	5063

(1) Be consistent with and substantially equivalent to any	5064
relevant regulations adopted by the administrator of the United	5065
States environmental protection agency pursuant to the "Resource	5066
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	5067
6921, as amended;	5068

(2) Establish the minimum percentage of recycled materials	5069
the various products shall contain in order to be considered	5070
"recycled" for the purposes of division (A) of this section;	5071

(3) So far as practicable and economically feasible,	5072
incorporate specifications for recycled-content materials to	5073
promote the use and purchase of recycled products by state	5074
agencies.	5075

(C) The director may adopt rules in accordance with Chapter	5076
119. of the Revised Code establishing a maximum percentage by	5077
which the cost of recycled products purchased under division (A)	5078
of this section may exceed the cost of comparable products made of	5079
virgin materials.	5080

(D) The department of administrative services and the	5081
~~department of natural resources~~environmental protection agency	5082
annually shall prepare and submit to the governor, president of	5083
the senate, and speaker of the house of representatives a report	5084
that describes, so far as practicable, the value and types of	5085
recycled products that are purchased with moneys disbursed from	5086
the state treasury by the general assembly; the offices of all	5087
elected state officers; and all departments, boards, offices,	5088
commissions, agencies, and institutions of this state.	5089

Sec. 125.14. (A) The director of administrative services	5090
shall allocate any proceeds from the transfer, sale, or lease of	5091
excess and surplus supplies in the following manner:	5092

(1) Except as otherwise provided in division (A)(2) of this	5093
section, the proceeds of such a transfer, sale, or lease shall be	5094
paid into the state treasury to the credit of the investment	5095
recovery fund, which is hereby created.	5096

(2) Except as otherwise provided in division (A)(2) of this	5097
section, when supplies originally were purchased with funds from	5098
nongeneral revenue fund sources, the director shall determine what	5099
fund or account originally was used to purchase the supplies, and	5100
the credit for the proceeds from any transfer, sale, or lease of	5101
those supplies shall be transferred to that fund or account. If	5102
the director cannot determine which fund or account originally was	5103
used to purchase the supplies, if the fund or account is no longer	5104
active, or if the proceeds from the transfer, sale, or lease of a	5105
unit of supplies are less than one hundred dollars or any larger	5106
amount the director may establish with the approval of the	5107
director of budget and management, then the proceeds from the	5108
transfer, sale, or lease of such supplies shall be paid into the	5109
state treasury to the credit of the investment recovery fund.	5110

(B) The investment recovery fund shall be used to pay for the	5111
operating expenses of the state surplus property program. Any	5112
amounts in excess of these operating expenses shall periodically	5113
be transferred to the general revenue fund of the state. If	5114
proceeds paid into the investment recovery fund are insufficient	5115
to pay for the program's operating expenses, a service fee may be	5116
charged to state agencies to eliminate the deficit.	5117

(C) Proceeds from the sale of recyclable goods and materials	5118
shall be paid into the state treasury to the credit of the	5119
recycled materials fund, which is hereby created, except that the	5120
director of ~~natural resources~~environmental protection, upon	5121
request, may grant an exemption from this requirement. The ~~chief~~	5122
~~of the division of recycling and litter prevention in the~~	5123
~~department of natural resources~~director shall administer the fund	5124
for the benefit of recycling programs in state agencies.	5125

Sec. 126.14. The release of any money appropriated for the	5126
purchase of real estate shall be approved by the controlling	5127
board. The release of money appropriated for all other capital	5128
projects is also subject to the approval of the controlling board,	5129
except that the director of budget and management may approve the	5130
release of money appropriated for specific projects in accordance	5131
with the requirements of this section and except that the director	5132
of budget and management may approve the release of unencumbered	5133
capital balances, for a project to repair, remove, or prevent a	5134
public exigency declared to exist by the director of	5135
administrative services under section ~~123.15~~123.10 of the Revised	5136
Code, or by the executive director of the Ohio facilities	5137
construction commission under section 123.23 of the Revised Code,	5138
in the amount designated in that declaration.	5139

Within sixty days after the effective date of any act	5140
appropriating money for capital projects, the director shall	5141
determine which appropriations are for general projects and which	5142
are for specific projects. Specific projects may include specific	5143
higher education projects that are to be funded from general	5144
purpose appropriations from the higher education improvement fund	5145
or the higher education improvement taxable fund created in	5146
section 154.21 of the Revised Code. Upon determining which	5147
projects are general and which are specific, the director shall	5148
submit to the controlling board a list that includes a brief	5149
description of and the estimated expenditures for each specific	5150
project. The release of money for any specific higher education	5151
projects that are to be funded from general purpose appropriations	5152
from the higher education improvement fund or the higher education	5153
improvement taxable fund but that are not included on the list,	5154
and the release of money for any specific higher education	5155
projects included on the list that will exceed the estimated	5156
expenditures by more than ten per cent, are subject to the	5157
approval of the controlling board.	5158

The director may create new appropriation items and make	5159
transfers of appropriations to them for specific higher education	5160
projects included on the list that are to be funded from general	5161
purpose appropriations for basic renovations that are made from	5162
the higher education improvement fund or the higher education	5163
improvement taxable fund.	5164

Sec. 127.163. At the time an agency submits a request to the	5165
controlling board to approve the making of a purchase, if the	5166
requested purchase is to be made from a supplier who is not	5167
headquartered in this state but has a presence in this state, the	5168
agency shall include in the request the following information:	5169

(A) The address or addresses of the supplier's places of	5170
business in this state;	5171

(B) The total number of employees the supplier employs in	5172
each of its places of business in this state;	5173

(C) The percentage of the requested purchase to be completed	5174
by employees of the supplier located in this state;	5175

(D) A list of any suppliers, subcontractors, or other	5176
entities the supplier intends to use to fulfill the requested	5177
purchase that includes all of the following:	5178

(1) The address or addresses of the places of business in	5179
this state of each potential supplier, subcontractor, or entity;	5180

(2) The number of employees that each potential supplier,	5181
subcontractor, or entity employs in each of its places of business	5182
in this state;	5183

(3) The percentage of the requested purchase to be completed	5184
by employees of the potential supplier, subcontractor, or entity	5185
located in this state.	5186

Sec. 127.164. (A) Prior to submitting a request to approve	5187
the making of a purchase to the controlling board, an agency shall	5188
contact any entity headquartered in this state that the agency	5189
approached related to the proposed purchase or to whom the agency	5190
sent a request for proposals but who did not respond to the	5191
request for proposals and ascertain why the entity did not	5192
respond.	5193

(B) At the time an agency submits a request to the	5194
controlling board to approve the making of a purchase, the agency	5195
shall submit to the board, as part of the request, the information	5196
that the agency collected under division (A) of this section.	5197

Sec. 135.35. (A) The investing authority shall deposit or	5198
invest any part or all of the county's inactive moneys and shall	5199
invest all of the money in the county public library fund when	5200
required by section 135.352 of the Revised Code. The following	5201
classifications of securities and obligations are eligible for	5202
such deposit or investment:	5203

(1) United States treasury bills, notes, bonds, or any other	5204
obligation or security issued by the United States treasury, any	5205
other obligation guaranteed as to principal or interest by the	5206
United States, or any book entry, zero-coupon United States	5207
treasury security that is a direct obligation of the United	5208
States.	5209

Nothing in the classification of eligible securities and	5210
obligations set forth in divisions (A)(2) to (11) of this section	5211
shall be construed to authorize any investment in stripped	5212
principal or interest obligations of such eligible securities and	5213
obligations.	5214

(2) Bonds, notes, debentures, or any other obligations or	5215
securities issued by any federal government agency or	5216
instrumentality, including, but not limited to, the federal	5217
national mortgage association, federal home loan bank, federal	5218
farm credit bank, federal home loan mortgage corporation,	5219
government national mortgage association, and student loan	5220
marketing association. All federal agency securities shall be	5221
direct issuances of federal government agencies or	5222
instrumentalities.	5223

(3) Time certificates of deposit or savings or deposit	5224
accounts, including, but not limited to, passbook accounts, in any	5225
eligible institution mentioned in section 135.32 of the Revised	5226
Code;	5227

(4) Bonds and other obligations of this state or the	5228
political subdivisions of this state;	5229

(5) No-load money market mutual funds consisting exclusively	5230
of obligations described in division (A)(1) or (2) of this section	5231
and repurchase agreements secured by such obligations, provided	5232
that investments in securities described in this division are made	5233
only through eligible institutions mentioned in section 135.32 of	5234
the Revised Code;	5235

(6) The Ohio subdivision's fund as provided in section 135.45	5236
of the Revised Code;	5237

(7) Securities lending agreements with any eligible	5238
institution mentioned in section 135.32 of the Revised Code that	5239
is a member of the federal reserve system or federal home loan	5240
bank or with any recognized United States government securities	5241
dealer meeting the description in division (J)(1) of this section,	5242
under the terms of which agreements the investing authority lends	5243
securities and the eligible institution or dealer agrees to	5244
simultaneously exchange similar securities or cash, equal value	5245
for equal value.	5246

Securities and cash received as collateral for a securities	5247
lending agreement are not inactive moneys of the county or moneys	5248
of a county public library fund. The investment of cash collateral	5249
received pursuant to a securities lending agreement may be	5250
invested only in instruments specified by the investing authority	5251
in the written investment policy described in division (K) of this	5252
section.	5253

(8) Up to twenty-five per cent of the county's total average	5254
portfolio in either of the following investments:	5255

(a) Commercial paper notes issued by an entity that is	5256
defined in division (D) of section 1705.01 of the Revised Code and	5257
that has assets exceeding five hundred million dollars, to which	5258
notes all of the following apply:	5259

(i) The notes are rated at the time of purchase in the	5260
highest classification established by at least two nationally	5261
recognized standard rating services.	5262

(ii) The aggregate value of the notes does not exceed ten per	5263
cent of the aggregate value of the outstanding commercial paper of	5264
the issuing corporation.	5265

(iii) The notes mature not later than two hundred seventy	5266
days after purchase.	5267

(b) Bankers acceptances of banks that are insured by the	5268
federal deposit insurance corporation and to which both of the	5269
following apply:	5270

(i) The obligations are eligible for purchase by the federal	5271
reserve system.	5272

(ii) The obligations mature not later than one hundred eighty	5273
days after purchase.	5274

No investment shall be made pursuant to division (A)(8) of	5275
this section unless the investing authority has completed	5276
additional training for making the investments authorized by	5277
division (A)(8) of this section. The type and amount of additional	5278
training shall be approved by the auditor of state and may be	5279
conducted by or provided under the supervision of the auditor of	5280
state.	5281

(9) Up to fifteen per cent of the county's total average	5282
portfolio in notes issued by corporations that are incorporated	5283
under the laws of the United States and that are operating within	5284
the United States, or by depository institutions that are doing	5285
business under authority granted by the United States or any state	5286
and that are operating within the United States, provided both of	5287
the following apply:	5288

(a) The notes are rated in the second highest or higher	5289
category by at least two nationally recognized standard rating	5290
services at the time of purchase.	5291

(b) The notes mature not later than two years after purchase.

5292

(10) No-load money market mutual funds rated in the highest	5293
category at the time of purchase by at least one nationally	5294
recognized standard rating service and consisting exclusively of	5295
obligations described in division (A)(1), (2), or (6) of section	5296
135.143 of the Revised Code;	5297

(11) Debt interests rated at the time of purchase in the	5298
three highest categories by two nationally recognized standard	5299
rating services and issued by foreign nations diplomatically	5300
recognized by the United States government. All interest and	5301
principal shall be denominated and payable in United States funds.	5302
The investments made under division (A)(11) of this section shall	5303
not exceed in the aggregate one per cent of a county's total	5304
average portfolio.	5305

The investing authority shall invest under division (A)(11)	5306
of this section in a debt interest issued by a foreign nation only	5307
if the debt interest is backed by the full faith and credit of	5308
that foreign nation, there is no prior history of default, and the	5309
debt interest matures not later than five years after purchase.	5310
For purposes of division (A)(11) of this section, a debt interest	5311
is rated in the three highest categories by two nationally	5312
recognized standard rating services if either the debt interest	5313
itself or the issuer of the debt interest is rated, or is	5314
implicitly rated, at the time of purchase in the three highest	5315
categories by two nationally recognized standard rating services.	5316

(12) A current unpaid or delinquent tax line of credit	5317
authorized under division (G) of section 135.341 of the Revised	5318
Code, provided that all of the conditions for entering into such a	5319
line of credit under that division are satisfied, or bonds and	5320
other obligations of a county land reutilization corporation	5321
organized under Chapter 1724. of the Revised Code, if the county	5322
land reutilization corporation is located wholly or partly within	5323
the same county as the investing authority.	5324

(B) Nothing in the classifications of eligible obligations	5325
and securities set forth in divisions (A)(1) to (11) of this	5326
section shall be construed to authorize investment in a	5327
derivative, and no investing authority shall invest any county	5328
inactive moneys or any moneys in a county public library fund in a	5329
derivative. For purposes of this division, "derivative" means a	5330
financial instrument or contract or obligation whose value or	5331
return is based upon or linked to another asset or index, or both,	5332
separate from the financial instrument, contract, or obligation	5333
itself. Any security, obligation, trust account, or other	5334
instrument that is created from an issue of the United States	5335
treasury or is created from an obligation of a federal agency or	5336
instrumentality or is created from both is considered a derivative	5337
instrument. An eligible investment described in this section with	5338
a variable interest rate payment, based upon a single interest	5339
payment or single index comprised of other eligible investments	5340
provided for in division (A)(1) or (2) of this section, is not a	5341
derivative, provided that such variable rate investment has a	5342
maximum maturity of two years. A treasury inflation-protected	5343
security shall not be considered a derivative, provided the	5344
security matures not later than five years after purchase.	5345

(C) Except as provided in ~~divisions~~division (D) ~~and (O)~~ of	5346
this section, any investment made pursuant to this section must	5347
mature within ~~ten~~five years from the date of settlement, unless	5348
the investment is matched to a specific obligation or debt of the	5349
county or to a specific obligation or debt of a political	5350
subdivision of this state, and the investment is specifically	5351
approved by the investment advisory committee.	5352

(D) The investing authority may also enter into a written	5353
repurchase agreement with any eligible institution mentioned in	5354
section 135.32 of the Revised Code or any eligible securities	5355
dealer pursuant to division (J) of this section, under the terms	5356
of which agreement the investing authority purchases and the	5357
eligible institution or dealer agrees unconditionally to	5358
repurchase any of the securities listed in divisions (B)(1) to	5359
(5), except letters of credit described in division (B)(2), of	5360
section 135.18 of the Revised Code. The market value of securities	5361
subject to an overnight written repurchase agreement must exceed	5362
the principal value of the overnight written repurchase agreement	5363
by at least two per cent. A written repurchase agreement must	5364
exceed the principal value of the overnight written repurchase	5365
agreement, by at least two per cent. A written repurchase	5366
agreement shall not exceed thirty days, and the market value of	5367
securities subject to a written repurchase agreement must exceed	5368
the principal value of the written repurchase agreement by at	5369
least two per cent and be marked to market daily. All securities	5370
purchased pursuant to this division shall be delivered into the	5371
custody of the investing authority or the qualified custodian of	5372
the investing authority or an agent designated by the investing	5373
authority. A written repurchase agreement with an eligible	5374
securities dealer shall be transacted on a delivery versus payment	5375
basis. The agreement shall contain the requirement that for each	5376
transaction pursuant to the agreement the participating	5377
institution shall provide all of the following information:	5378

(1) The par value of the securities;

5379

(2) The type, rate, and maturity date of the securities;

5380

(3) A numerical identifier generally accepted in the	5381
securities industry that designates the securities.	5382

No investing authority shall enter into a written repurchase	5383
agreement under the terms of which the investing authority agrees	5384
to sell securities owned by the county to a purchaser and agrees	5385
with that purchaser to unconditionally repurchase those	5386
securities.	5387

(E) No investing authority shall make an investment under	5388
this section, unless the investing authority, at the time of	5389
making the investment, reasonably expects that the investment can	5390
be held until its maturity. The investing authority's written	5391
investment policy shall specify the conditions under which an	5392
investment may be redeemed or sold prior to maturity.	5393

(F) No investing authority shall pay a county's inactive	5394
moneys or moneys of a county public library fund into a fund	5395
established by another subdivision, treasurer, governing board, or	5396
investing authority, if that fund was established by the	5397
subdivision, treasurer, governing board, or investing authority	5398
for the purpose of investing or depositing the public moneys of	5399
other subdivisions. This division does not apply to the payment of	5400
public moneys into either of the following:	5401

(1) The Ohio subdivision's fund pursuant to division (A)(6)	5402
of this section;	5403

(2) A fund created solely for the purpose of acquiring,	5404
constructing, owning, leasing, or operating municipal utilities	5405
pursuant to the authority provided under section 715.02 of the	5406
Revised Code or Section 4 of Article XVIII, Ohio Constitution.	5407

For purposes of division (F) of this section, "subdivision"	5408
includes a county.	5409

(G) The use of leverage, in which the county uses its current	5410
investment assets as collateral for the purpose of purchasing	5411
other assets, is prohibited. The issuance of taxable notes for the	5412
purpose of arbitrage is prohibited. Contracting to sell securities	5413
not owned by the county, for the purpose of purchasing such	5414
securities on the speculation that bond prices will decline, is	5415
prohibited.	5416

(H) Any securities, certificates of deposit, deposit	5417
accounts, or any other documents evidencing deposits or	5418
investments made under authority of this section shall be issued	5419
in the name of the county with the county treasurer or investing	5420
authority as the designated payee. If any such deposits or	5421
investments are registrable either as to principal or interest, or	5422
both, they shall be registered in the name of the treasurer.	5423

(I) The investing authority shall be responsible for the	5424
safekeeping of all documents evidencing a deposit or investment	5425
acquired under this section, including, but not limited to,	5426
safekeeping receipts evidencing securities deposited with a	5427
qualified trustee, as provided in section 135.37 of the Revised	5428
Code, and documents confirming the purchase of securities under	5429
any repurchase agreement under this section shall be deposited	5430
with a qualified trustee, provided, however, that the qualified	5431
trustee shall be required to report to the investing authority,	5432
auditor of state, or an authorized outside auditor at any time	5433
upon request as to the identity, market value, and location of the	5434
document evidencing each security, and that if the participating	5435
institution is a designated depository of the county for the	5436
current period of designation, the securities that are the subject	5437
of the repurchase agreement may be delivered to the treasurer or	5438
held in trust by the participating institution on behalf of the	5439
investing authority.	5440

Upon the expiration of the term of office of an investing	5441
authority or in the event of a vacancy in the office for any	5442
reason, the officer or the officer's legal representative shall	5443
transfer and deliver to the officer's successor all documents	5444
mentioned in this division for which the officer has been	5445
responsible for safekeeping. For all such documents transferred	5446
and delivered, the officer shall be credited with, and the	5447
officer's successor shall be charged with, the amount of moneys	5448
evidenced by such documents.	5449

(J)(1) All investments, except for investments in securities	5450
described in divisions (A)(5), (6), and (12) of this section,	5451
shall be made only through a member of the national association of	5452
securities dealers, through a bank, savings bank, or savings and	5453
loan association regulated by the superintendent of financial	5454
institutions, or through an institution regulated by the	5455
comptroller of the currency, federal deposit insurance	5456
corporation, or board of governors of the federal reserve system.	5457

(2) Payment for investments shall be made only upon the	5458
delivery of securities representing such investments to the	5459
treasurer, investing authority, or qualified trustee. If the	5460
securities transferred are not represented by a certificate,	5461
payment shall be made only upon receipt of confirmation of	5462
transfer from the custodian by the treasurer, governing board, or	5463
qualified trustee.	5464

(K)(1) Except as otherwise provided in division (K)(2) of	5465
this section, no investing authority shall make an investment or	5466
deposit under this section, unless there is on file with the	5467
auditor of state a written investment policy approved by the	5468
investing authority. The policy shall require that all entities	5469
conducting investment business with the investing authority shall	5470
sign the investment policy of that investing authority. All	5471
brokers, dealers, and financial institutions, described in	5472
division (J)(1) of this section, initiating transactions with the	5473
investing authority by giving advice or making investment	5474
recommendations shall sign the investing authority's investment	5475
policy thereby acknowledging their agreement to abide by the	5476
policy's contents. All brokers, dealers, and financial	5477
institutions, described in division (J)(1) of this section,	5478
executing transactions initiated by the investing authority,	5479
having read the policy's contents, shall sign the investment	5480
policy thereby acknowledging their comprehension and receipt.	5481

(2) If a written investment policy described in division	5482
(K)(1) of this section is not filed on behalf of the county with	5483
the auditor of state, the investing authority of that county shall	5484
invest the county's inactive moneys and moneys of the county	5485
public library fund only in time certificates of deposits or	5486
savings or deposit accounts pursuant to division (A)(3) of this	5487
section, no-load money market mutual funds pursuant to division	5488
(A)(5) of this section, or the Ohio subdivision's fund pursuant to	5489
division (A)(6) of this section.	5490

(L)(1) The investing authority shall establish and maintain	5491
an inventory of all obligations and securities acquired by the	5492
investing authority pursuant to this section. The inventory shall	5493
include a description of each obligation or security, including	5494
type, cost, par value, maturity date, settlement date, and any	5495
coupon rate.	5496

(2) The investing authority shall also keep a complete record	5497
of all purchases and sales of the obligations and securities made	5498
pursuant to this section.	5499

(3) The investing authority shall maintain a monthly	5500
portfolio report and issue a copy of the monthly portfolio report	5501
describing such investments to the county investment advisory	5502
committee, detailing the current inventory of all obligations and	5503
securities, all transactions during the month that affected the	5504
inventory, any income received from the obligations and	5505
securities, and any investment expenses paid, and stating the	5506
names of any persons effecting transactions on behalf of the	5507
investing authority.	5508

(4) The monthly portfolio report shall be a public record and	5509
available for inspection under section 149.43 of the Revised Code.	5510

(5) The inventory and the monthly portfolio report shall be	5511
filed with the board of county commissioners. The monthly	5512
portfolio report also shall be filed with the treasurer of state.	5513

(M) An investing authority may enter into a written	5514
investment or deposit agreement that includes a provision under	5515
which the parties agree to submit to nonbinding arbitration to	5516
settle any controversy that may arise out of the agreement,	5517
including any controversy pertaining to losses of public moneys	5518
resulting from investment or deposit. The arbitration provision	5519
shall be set forth entirely in the agreement, and the agreement	5520
shall include a conspicuous notice to the parties that any party	5521
to the arbitration may apply to the court of common pleas of the	5522
county in which the arbitration was held for an order to vacate,	5523
modify, or correct the award. Any such party may also apply to the	5524
court for an order to change venue to a court of common pleas	5525
located more than one hundred miles from the county in which the	5526
investing authority is located.	5527

For purposes of this division, "investment or deposit	5528
agreement" means any agreement between an investing authority and	5529
a person, under which agreement the person agrees to invest,	5530
deposit, or otherwise manage, on behalf of the investing	5531
authority, a county's inactive moneys or moneys in a county public	5532
library fund, or agrees to provide investment advice to the	5533
investing authority.	5534

(N) (1) An investment held in the county portfolio on	5535
September 27, 1996, that was a legal investment under the law as	5536
it existed before September 27, 1996, may be held until maturity,	5537
or if the investment does not have a maturity date the investment	5538
may be held until five years from September 27, 1996, regardless	5539
of whether the investment would qualify as a legal investment	5540
under the terms of this section as amended.	5541

~~(O) Upon a majority affirmative vote of the county investment~~	5542
~~advisory committee in support of such action, an investment~~	5543
~~authority may invest up to twenty-five per cent of the county's~~	5544
~~total average portfolio of investments made under this section in~~	5545
~~securities and obligations that mature on a date that is more than~~	5546
~~ten years from the date of settlement.~~	5547

(2) An investment held in the county portfolio on the	5548
effective date of this amendment that was a legal investment under	5549
the law as it existed before the effective date of this amendment	5550
may be held until maturity.	5551

Sec. 140.01. As used in this chapter:

5552

(A) "Hospital agency" means any public hospital agency or any	5553
nonprofit hospital agency.	5554

(B) "Public hospital agency" means any county, board of	5555
county hospital trustees established pursuant to section 339.02 of	5556
the Revised Code, county hospital commission established pursuant	5557
to section 339.14 of the Revised Code, municipal corporation, new	5558
community authority organized under Chapter 349. of the Revised	5559
Code, joint township hospital district, state or municipal	5560
university or college operating or authorized to operate a	5561
hospital facility, or the state.	5562

(C) "Nonprofit hospital agency" means a corporation or	5563
association not for profit, no part of the net earnings of which	5564
inures or may lawfully inure to the benefit of any private	5565
shareholder or individual, that has authority to own or operate a	5566
hospital facility or provides or is to provide services to one or	5567
more other hospital agencies.	5568

(D) "Governing body" means, in the case of a county, the	5569
board of county commissioners or other legislative body; in the	5570
case of a board of county hospital trustees, the board; in the	5571
case of a county hospital commission, the commission; in the case	5572
of a municipal corporation, the council or other legislative	5573
authority; in the case of a new community authority, its board of	5574
trustees; in the case of a joint township hospital district, the	5575
joint township district hospital board; in the case of a state or	5576
municipal university or college, its board of trustees or board of	5577
directors; in the case of a nonprofit hospital agency, the board	5578
of trustees or other body having general management of the agency;	5579
and, in the case of the state, the director of development or the	5580
Ohio higher educational facility commission.	5581

(E) "Hospital facilities" means buildings, structures and	5582
other improvements, additions thereto and extensions thereof,	5583
furnishings, equipment, and real estate and interests in real	5584
estate, used or to be used for or in connection with one or more	5585
hospitals, emergency, intensive, intermediate, extended,	5586
long-term, or self-care facilities, diagnostic and treatment and	5587
out-patient facilities, facilities related to programs for home	5588
health services, clinics, laboratories, public health centers,	5589
research facilities, and rehabilitation facilities, for or	5590
pertaining to diagnosis, treatment, care, or rehabilitation of	5591
sick, ill, injured, infirm, impaired, disabled, or handicapped	5592
persons, or the prevention, detection, and control of disease, and	5593
also includes education, training, and food service facilities for	5594
health professions personnel, housing facilities for such	5595
personnel and their families, and parking and service facilities	5596
in connection with any of the foregoing; and includes any one,	5597
part of, or any combination of the foregoing; and further includes	5598
site improvements, utilities, machinery, facilities, furnishings,	5599
and any separate or connected buildings, structures, improvements,	5600
sites, utilities, facilities, or equipment to be used in, or in	5601
connection with the operation or maintenance of, or supplementing	5602
or otherwise related to the services or facilities to be provided	5603
by, any one or more of such hospital facilities.	5604

(F) "Costs of hospital facilities" means the costs of	5605
acquiring hospital facilities or interests in hospital facilities,	5606
including membership interests in nonprofit hospital agencies,	5607
costs of constructing hospital facilities, costs of improving one	5608
or more hospital facilities, including reconstructing,	5609
rehabilitating, remodeling, renovating, and enlarging, costs of	5610
equipping and furnishing such facilities, and all financing costs	5611
pertaining thereto, including, without limitation thereto, costs	5612
of engineering, architectural, and other professional services,	5613
designs, plans, specifications and surveys, and estimates of cost,	5614
costs of tests and inspections, the costs of any indemnity or	5615
surety bonds and premiums on insurance, all related direct or	5616
allocable administrative expenses pertaining thereto, fees and	5617
expenses of trustees, depositories, and paying agents for the	5618
obligations, cost of issuance of the obligations and financing	5619
charges and fees and expenses of financial advisors, attorneys,	5620
accountants, consultants and rating services in connection	5621
therewith, capitalized interest on the obligations, amounts	5622
necessary to establish reserves as required by the bond	5623
proceedings, the reimbursement of all moneys advanced or applied	5624
by the hospital agency or others or borrowed from others for the	5625
payment of any item or items of costs of such facilities, and all	5626
other expenses necessary or incident to planning or determining	5627
feasibility or practicability with respect to such facilities, and	5628
such other expenses as may be necessary or incident to the	5629
acquisition, construction, reconstruction, rehabilitation,	5630
remodeling, renovation, enlargement, improvement, equipment, and	5631
furnishing of such facilities, the financing thereof, and the	5632
placing of the same in use and operation, including any one, part	5633
of, or combination of such classes of costs and expenses, and	5634
means the costs of refinancing obligations issued by, or	5635
reimbursement of money advanced by, nonprofit hospital agencies or	5636
others the proceeds of which were used for the payment of costs of	5637
hospital facilities, if the governing body of the public hospital	5638
agency determines that the refinancing or reimbursement advances	5639
the purposes of this chapter, whether or not the refinancing or	5640
reimbursement is in conjunction with the acquisition or	5641
construction of additional hospital facilities.	5642

(G) "Hospital receipts" means all moneys received by or on	5643
behalf of a hospital agency from or in connection with the	5644
ownership, operation, acquisition, construction, improvement,	5645
equipping, or financing of any hospital facilities, including,	5646
without limitation thereto, any rentals and other moneys received	5647
from the lease, sale, or other disposition of hospital facilities,	5648
and any gifts, grants, interest subsidies, or other moneys	5649
received under any federal program for assistance in financing the	5650
costs of hospital facilities, and any other gifts, grants, and	5651
donations, and receipts therefrom, available for financing the	5652
costs of hospital facilities.	5653

(H) "Obligations" means bonds, notes, or other evidences of	5654
indebtedness or obligation, including interest coupons pertaining	5655
thereto, issued or issuable by a public hospital agency to pay	5656
costs of hospital facilities.	5657

(I) "Bond service charges" means principal, interest, and	5658
call premium, if any, required to be paid on obligations.	5659

(J) "Bond proceedings" means one or more ordinances,	5660
resolutions, trust agreements, indentures, and other agreements or	5661
documents, and amendments and supplements to the foregoing, or any	5662
combination thereof, authorizing or providing for the terms,	5663
including any variable interest rates, and conditions applicable	5664
to, or providing for the security of, obligations and the	5665
provisions contained in such obligations.	5666

(K) "Nursing home" has the same meaning as in division (A)(1)	5667
of section 5701.13 of the Revised Code.	5668

(L) "Residential care facility" has the same meaning as in	5669
division (A)(2) of section 5701.13 of the Revised Code.	5670

(M) ~~"Adult care facility" has the same meaning as in division~~	5671
~~(A)(3) of section 5701.13 of the Revised Code.~~	5672

~~(N)~~ "Independent living facility" means any self-care	5673
facility or other housing facility designed or used as a residence	5674
for elderly persons. An "independent living facility" does not	5675
include a residential facility, or that part of a residential	5676
facility, that is any of the following:	5677

(1) A hospital required to be certified by section 3727.02 of	5678
the Revised Code;	5679

(2) A nursing home or residential care facility;

5680

(3) ~~An adult care facility;~~

5681

~~(4)~~ A facility operated by a hospice care program licensed	5682
under section 3712.04 of the Revised Code and used for the	5683
program's hospice patients;	5684

(4) A residential facility licensed by the department of	5685
mental health under section 5119.22 of the Revised Code that	5686
provides accommodations, supervision, and personal care services	5687
for three to sixteen unrelated adults;	5688

(5) A residential facility ~~for the mentally ill~~ licensed by	5689
the department of mental health under section 5119.22 of the	5690
Revised Code that is not a residential facility described in	5691
division (M)(4) of this section;	5692

(6) A facility licensed to provide methadone treatment under	5693
section 3793.11 of the Revised Code;	5694

(7) A facility certified as an alcohol and drug addiction	5695
program under section 3793.06 of the Revised Code;	5696

(8) A residential facility licensed under section 5123.19 of	5697
the Revised Code or a facility providing services under a contract	5698
with the department of developmental disabilities under section	5699
5123.18 of the Revised Code;	5700

(9) A residential facility used as part of a hospital to	5701
provide housing for staff of the hospital or students pursuing a	5702
course of study at the hospital.	5703

Sec. 140.03. (A) Two or more hospital agencies may enter	5704
into agreements for the acquisition, construction, reconstruction,	5705
rehabilitation, remodeling, renovating, enlarging, equipping, and	5706
furnishing of hospital facilities, or the management, operation,	5707
occupancy, use, maintenance, and repair of hospital facilities, or	5708
for participation in programs, projects, activities, and services	5709
useful to, connected with, supplementing, or otherwise related to	5710
the services provided by, or the operation of, hospital facilities	5711
operated by one or more participating hospital agencies, including	5712
any combination of such purposes, all in such manner as to promote	5713
the public purpose stated in section 140.02 of the Revised Code. A	5714
city health district; general health district; board of alcohol,	5715
drug addiction, and mental health services; county board of	5716
developmental disabilities; the department of mental health; the	5717
department of developmental disabilities; or any public body	5718
engaged in the education or training of health professions	5719
personnel may join in any such agreement for purposes related to	5720
its authority under laws applicable to it, and as such a	5721
participant shall be considered a public hospital agency or	5722
hospital agency for the purposes of this section.	5723

(B) An agreement entered into under authority of this section	5724
shall, where appropriate, provide for:	5725

(1) The manner in which the title to the hospital facilities,	5726
including the sites and interest in real estate pertaining	5727
thereto, is to be held, transferred, or disposed of;	5728

(2) Unless provided for by lease pursuant to section 140.05	5729
of the Revised Code, the method by which such hospital facilities	5730
are to be acquired, constructed, or otherwise improved and by	5731
which they shall be managed, occupied, maintained, and repaired,	5732
including the designation of one of the hospital agencies to have	5733
charge of the details of acquisition, construction, or improvement	5734
pursuant to the contracting procedures prescribed under the law	5735
applicable to one of the participating public hospital agencies;	5736

(3) The management or administration of any such programs,	5737
projects, activities, or services, which may include management or	5738
administration by one of said hospital agencies or a board or	5739
agency thereof;	5740

(4) Annual, or more frequent, reports to the participating	5741
hospital agencies as to the revenues and receipts pertaining to	5742
the subject of the agreement, the expenditures thereof, the status	5743
and application of other funds contributed under such agreement,	5744
and such other matters as may be specified by or pursuant to such	5745
agreement;	5746

(5) The manner of apportionment or sharing of costs of	5747
hospital facilities, any other applicable costs of management,	5748
operation, maintenance, and repair of hospital facilities, and	5749
costs for the programs, projects, activities, and services forming	5750
the subject of the agreement, which apportionment or sharing may	5751
be prescribed in fixed amounts, or determined by ratios, formulas,	5752
or otherwise, and paid as service charges, rentals, or in such	5753
other manner as provided in the agreement, and may include amounts	5754
sufficient to meet the bond service charges and other payments and	5755
deposits required under the bond proceedings for obligations	5756
issued to pay costs of hospital facilities. A hospital agency may	5757
commit itself to make such payments at least for so long as any	5758
such obligations are outstanding. In the apportionment, different	5759
classes of costs or expenses may be apportioned to one or more,	5760
all or less than all, of the participating hospital agencies as	5761
determined under such agreement.	5762

(C) An agreement entered into under authority of this section	5763
may provide for:	5764

(1) An orderly process for making determinations or advising	5765
as to planning, execution, implementation, and operation, which	5766
may include designating one of the hospital agencies, or a board	5767
thereof, for any of such purposes, provisions for a committee,	5768
board, or commission, and for representation thereon, or as may	5769
otherwise be provided;	5770

(2) Securing necessary personnel, including participation of	5771
personnel from the respective hospital agencies;	5772

(3) Standards or conditions for the admission or	5773
participation of patients and physicians;	5774

(4) Conditions for admittance of other hospital agencies to	5775
participation under the agreement;	5776

(5) Fixing or establishing the method of determining charges	5777
to be made for particular services;	5778

(6) The manner of amending, supplementing, terminating, or	5779
withdrawal or removal of any party from, the agreement, and the	5780
term of the agreement, or an indefinite term;	5781

(7) Designation of the applicants for or recipients of any	5782
federal, state, or other aid, assistance, or loans available by	5783
reason of any activities conducted under the agreement;	5784

(8) Designation of one or more of the participating hospital	5785
agencies to maintain, prepare, and submit, on behalf of all	5786
parties to the agreement, any or all records and reports with	5787
regard to the activities conducted under the agreement;	5788

(9) Any incidental use of the hospital facilities, or	5789
services thereof, by participating public hospital agencies for	5790
any of their lawful purposes, which incidental use does not impair	5791
the character of the facilities as hospital facilities for any	5792
purpose of this chapter;	5793

(10) Such other matters as the parties thereto may agree upon	5794
for the purposes of division (A) of this section.	5795

(D) For the purpose of paying or contributing its share under	5796
an agreement made under this section, a public hospital agency	5797
may:	5798

(1) Expend any moneys from its general fund, and from any	5799
other funds not otherwise restricted by law, but including funds	5800
for permanent improvements of hospital facilities of such public	5801
hospital agency where the contribution is to be made toward the	5802
costs of hospital facilities under the agreement, and including	5803
funds derived from levies for, or receipts available for,	5804
operating expenses of hospital facilities or services of such	5805
public hospital agency where the contribution or payment is to be	5806
made toward operating expenses of the hospital facilities or	5807
services under the agreement or for the services provided thereby;	5808

(2) Issue obligations under Chapter 133. or section 140.06,	5809
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section	5810
3 of Article XVIII, Ohio Constitution, if applicable to such	5811
public hospital agency, to pay costs of hospital facilities, or	5812
issue obligations under any other provision of law authorizing	5813
such public hospital agency to issue obligations for any costs of	5814
hospital facilities;	5815

(3) Levy taxes under Chapter 5705. or section 513.13 or	5816
3709.29 of the Revised Code, if applicable to such public hospital	5817
agency, provided that the purpose of such levy may include the	5818
provision of funds for either or both permanent improvements and	5819
current expenses if required for the contribution or payment of	5820
such hospital agency under such agreement, and each such public	5821
hospital agency may issue notes in anticipation of any such levy,	5822
pursuant to the procedures provided in section 5705.191 of the	5823
Revised Code if the levy is solely for current expenses, and in	5824
section 5705.193 of the Revised Code if the levy is all or in part	5825
for permanent improvements;	5826

(4) Contribute real and personal property or interest therein	5827
without necessity for competitive bidding or public auction on	5828
disposition of such property.	5829

(E) Any funds provided by public hospital agencies that are	5830
parties to an agreement entered into under this section shall be	5831
transferred to and placed in a separate fund or funds of such	5832
participating public hospital agency as is designated under the	5833
agreement. The funds shall be applied for the purposes provided in	5834
such agreement and are subject to audit. Pursuant to any	5835
determinations to be made under such agreement, the funds shall be	5836
deposited, invested, and disbursed under the provisions of law	5837
applicable to the public hospital agency in whose custody the	5838
funds are held. This division is subject to the provisions of any	5839
applicable bond proceedings under section 133.08, 140.06, 339.15,	5840
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio	5841
Constitution. The records and reports of such public hospital	5842
agency under Chapter 117. of the Revised Code and sections 3702.51	5843
to 3702.62 of the Revised Code, with respect to the funds shall be	5844
sufficient without necessity for reports thereon by the other	5845
public hospital agencies participating under such agreement.	5846

(F)(1) Prior to its entry into any such agreement, the public	5847
hospital agency must determine, and set forth in a resolution or	5848
ordinance, that the contribution to be made by it under such	5849
agreement will be fair consideration for value and benefit to be	5850
derived by it under such agreement and that the agreement will	5851
promote the public purpose stated in section 140.02 of the Revised	5852
Code.	5853

(2) If the agreement is with a board of county commissioners,	5854
board of county hospital trustees, or county hospital commission	5855
and is an initial agreement for the acquisition or operation of a	5856
county hospital operated by a board of county hospital trustees	5857
under section 339.06 of the Revised Code, the governing body of	5858
the public hospital agency shall submit the agreement, accompanied	5859
by the resolution or ordinance, to the board of county	5860
commissioners for review pursuant to section 339.091 of the	5861
Revised Code. The agreement may be entered into only if the board	5862
of county commissioners adopts a resolution under that section.	5863
The requirements of division (F)(2) of this section do not apply	5864
to the agreement if one or more hospitals classified as general	5865
hospitals by the ~~public~~director of health ~~council~~ under section	5866
3701.07 of the Revised Code are operating in the same county as	5867
the county hospital.	5868

Sec. 140.05. (A)(1) A public hospital agency may lease any	5869
hospital facility to one or more hospital agencies for use as a	5870
hospital facility, or to one or more city or general health	5871
districts; boards of alcohol, drug addiction, and mental health	5872
services; county boards of developmental disabilities; the	5873
department of mental health; or the department of developmental	5874
disabilities, for uses which they are authorized to make thereof	5875
under the laws applicable to them, or any combination of them, and	5876
they may lease such facilities to or from a hospital agency for	5877
such uses, upon such terms and conditions as are agreed upon by	5878
the parties. Such lease may be for a term of fifty years or less	5879
and may provide for an option of the lessee to renew for a term of	5880
fifty years or less, as therein set forth. Prior to entering into	5881
such lease, the governing body of any public hospital agency	5882
granting such lease must determine, and set forth in a resolution	5883
or ordinance, that such lease will promote the public purpose	5884
stated in section 140.02 of the Revised Code and that the lessor	5885
public hospital agency will be duly benefited thereby.	5886

(2) If the lease is with a board of county commissioners,	5887
board of county hospital trustees, or county hospital commission	5888
and is an agreement for the initial lease of a county hospital	5889
operated by a board of county hospital trustees under section	5890
339.06 of the Revised Code, the governing body of the public	5891
hospital agency shall submit the agreement, accompanied by the	5892
resolution or ordinance, to the board of county commissioners for	5893
review pursuant to section 339.091 of the Revised Code. The	5894
agreement may be entered into only if the board of county	5895
commissioners adopts a resolution under that section. The	5896
requirements of division (A)(2) of this section do not apply to	5897
the lease if one or more hospitals classified as general hospitals	5898
by the ~~public~~director of health ~~council~~ under section 3701.07 of	5899
the Revised Code are operating in the same county as the county	5900
hospital.	5901

(B) Any lease entered into pursuant to this section shall	5902
provide that in the event that the lessee fails faithfully and	5903
efficiently to administer, maintain, and operate such leased	5904
facilities as hospital facilities, or fails to provide the	5905
services thereof without regard to race, creed, color, or national	5906
origin, or fails to require that any hospital agency using such	5907
facilities or the services thereof shall not discriminate by	5908
reason of race, creed, color, or national origin, after an	5909
opportunity to be heard upon written charges, said lease may be	5910
terminated at the time, in the manner and with consequences	5911
therein provided. If any such lease does not contain terms to the	5912
effect provided in this division, it shall nevertheless be deemed	5913
to contain such terms which shall be implemented as determined by	5914
the governing body of the lessor.	5915

(C) Such lease may provide for rentals commencing at any time	5916
agreed upon, or advance rental, and continuing for such period	5917
therein provided, notwithstanding and without diminution, rebate,	5918
or setoff by reason of time of availability of the hospital	5919
facility for use, delays in construction, failure of completion,	5920
damage or destruction of the hospital facilities, or for any other	5921
reason.	5922

(D) Such lease may provide for the sale or transfer of title	5923
of the leased facilities pursuant to an option to purchase,	5924
lease-purchase, or installment purchase upon terms therein	5925
provided or to be determined as therein provided, which may	5926
include provision for the continued use thereof as a hospital	5927
facility for some reasonable period, taking into account efficient	5928
useful life and other factors, as is provided therein.	5929

(E) Such lease may be entered as part of or in connection	5930
with an agreement pursuant to section 140.03 of the Revised Code.	5931
Any hospital facilities which are the subject of an agreement	5932
entered into under section 140.03 of the Revised Code may be	5933
leased pursuant to this section.	5934

(F) If land acquired by a public hospital agency for a	5935
hospital facility is adjacent to an existing hospital facility	5936
owned by another hospital agency, the public hospital agency may,	5937
in connection with such acquisition or the leasing of such land	5938
and hospital facilities thereon to one or more hospital agencies,	5939
enter into an agreement with the hospital agency which owns such	5940
adjacent hospital facility for the use of common walls in the	5941
construction, operation, or maintenance of hospital facilities of	5942
the public hospital agency. For the purpose of construction,	5943
operation, or maintenance of hospital facilities, a public	5944
hospital agency may acquire by purchase, gift, lease, lease with	5945
option to purchase, lease-purchase, or installment purchase,	5946
easement deed, or other agreement, real estate and interests in	5947
real estate, including rights to use space over, under or upon	5948
real property owned by others, and support, access, common wall,	5949
and other rights in connection therewith. Any public hospital	5950
agency or other political subdivision or any public agency, board,	5951
commission, institution, body, or instrumentality may grant such	5952
real estate, interests, or rights to any hospital agency upon such	5953
terms as are agreed upon without necessity for competitive bidding	5954
or public auction.	5955

Sec. 140.08. (A) Except as otherwise provided in divisions	5956
(B)(1) and (2) of this section, all hospital facilities purchased,	5957
acquired, constructed, or owned by a public hospital agency, or	5958
financed in whole or in part by obligations issued by a public	5959
hospital agency, and used, or to be used when completed, as	5960
hospital facilities, and the income therefrom, are exempt from all	5961
taxation within this state, including ad valorem and excise taxes,	5962
notwithstanding any other provisions of law, and hospital agencies	5963
are exempt from taxes levied under Chapters 5739. and 5741. of the	5964
Revised Code. The obligations issued hereafter under section	5965
133.08, 140.06, or 339.15 of the Revised Code or Section 3 of	5966
Article XVIII, Ohio Constitution, to pay costs of hospital	5967
facilities or to refund such obligations, and the transfer	5968
thereof, and the interest and other income from such obligations,	5969
including any profit made on the sale thereof, is free from	5970
taxation within the state.	5971

(B)(1) Division (A) of this section does not exempt	5972
independent living facilities from taxes levied on property or	5973
taxes levied under Chapters 5739. and 5741. of the Revised Code.	5974
If an independent living facility or part of such facility becomes	5975
~~an adult care facility, nursing home, or residential care facility~~	5976
on or after January 10, 1991, a nursing home, residential care	5977
facility, or residential facility described in division (M)(4) of	5978
section 140.01 of the Revised Code, that part of the independent	5979
living facility that is ~~an adult care facility,~~a nursing home, or	5980
residential care facility, or residential facility described in	5981
division (M)(4) of section 140.01 of the Revised Code is exempt	5982
from taxation subject to division (B)(2) of this section on and	5983
after the date it becomes ~~an adult care facility,~~a nursing home,	5984
or residential care facility, or residential facility described in	5985
division (M)(4) of section 140.01 of the Revised Code.	5986

(2) Division (A) of this section exempts nursing homes,	5987
residential care facilities, and ~~adult care~~residential facilities	5988
described in division (M)(4) of section 140.01 of the Revised Code	5989
from taxes levied on property and taxes levied under Chapters	5990
5739. and 5741. of the Revised Code only until all obligations	5991
issued to finance such homes or facilities, or all refunding or	5992
series of refundings of those obligations, are redeemed or	5993
otherwise retired.	5994

Sec. 145.01. As used in this chapter:

5995

(A) "Public employee" means:

5996

(1) Any person holding an office, not elective, under the	5997
state or any county, township, municipal corporation, park	5998
district, conservancy district, sanitary district, health	5999
district, metropolitan housing authority, state retirement board,	6000
Ohio historical society, public library, county law library, union	6001
cemetery, joint hospital, institutional commissary, state	6002
university, or board, bureau, commission, council, committee,	6003
authority, or administrative body as the same are, or have been,	6004
created by action of the general assembly or by the legislative	6005
authority of any of the units of local government named in	6006
division (A)(1) of this section, or employed and paid in whole or	6007
in part by the state or any of the authorities named in division	6008
(A)(1) of this section in any capacity not covered by section	6009
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	6010

(2) A person who is a member of the public employees	6011
retirement system and who continues to perform the same or similar	6012
duties under the direction of a contractor who has contracted to	6013
take over what before the date of the contract was a publicly	6014
operated function. The governmental unit with which the contract	6015
has been made shall be deemed the employer for the purposes of	6016
administering this chapter.	6017

(3) Any person who is an employee of a public employer,	6018
notwithstanding that the person's compensation for that employment	6019
is derived from funds of a person or entity other than the	6020
employer. Credit for such service shall be included as total	6021
service credit, provided that the employee makes the payments	6022
required by this chapter, and the employer makes the payments	6023
required by sections 145.48 and 145.51 of the Revised Code.	6024

(4) A person who elects in accordance with section 145.015 of	6025
the Revised Code to remain a contributing member of the public	6026
employees retirement system.	6027

(5) A person who is an employee of the legal rights service	6028
on September 30, 2012, and continues to be employed by the	6029
nonprofit entity established under Section 319.20 of Am. Sub. H.B.	6030
153 of the 129th general assembly. The nonprofit entity is the	6031
employer for the purpose of this chapter.	6032

In all cases of doubt, the public employees retirement board	6033
shall determine whether any person is a public employee, and its	6034
decision is final.	6035

(B) "Member" means any public employee, other than a public	6036
employee excluded or exempted from membership in the retirement	6037
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	6038
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	6039
retirant who becomes a member under division (C) of section 145.38	6040
of the Revised Code. "Member" also includes a disability benefit	6041
recipient.	6042

(C) "Head of the department" means the elective or appointive	6043
head of the several executive, judicial, and administrative	6044
departments, institutions, boards, and commissions of the state	6045
and local government as the same are created and defined by the	6046
laws of this state or, in case of a charter government, by that	6047
charter.	6048

(D) "Employer" or "public employer" means the state or any	6049
county, township, municipal corporation, park district,	6050
conservancy district, sanitary district, health district,	6051
metropolitan housing authority, state retirement board, Ohio	6052
historical society, public library, county law library, union	6053
cemetery, joint hospital, institutional commissary, state medical	6054
university, state university, or board, bureau, commission,	6055
council, committee, authority, or administrative body as the same	6056
are, or have been, created by action of the general assembly or by	6057
the legislative authority of any of the units of local government	6058
named in this division not covered by section 742.01, 3307.01,	6059
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	6060
means the employer of any public employee.	6061

(E) "Prior service" means all service as a public employee	6062
rendered before January 1, 1935, and all service as an employee of	6063
any employer who comes within the state teachers retirement system	6064
or of the school employees retirement system or of any other	6065
retirement system established under the laws of this state	6066
rendered prior to January 1, 1935, provided that if the employee	6067
claiming the service was employed in any capacity covered by that	6068
other system after that other system was established, credit for	6069
the service may be allowed by the public employees retirement	6070
system only when the employee has made payment, to be computed on	6071
the salary earned from the date of appointment to the date	6072
membership was established in the public employees retirement	6073
system, at the rate in effect at the time of payment, and the	6074
employer has made payment of the corresponding full liability as	6075
provided by section 145.44 of the Revised Code. "Prior service"	6076
also means all service credited for active duty with the armed	6077
forces of the United States as provided in section 145.30 of the	6078
Revised Code.	6079

If an employee who has been granted prior service credit by	6080
the public employees retirement system for service rendered prior	6081
to January 1, 1935, as an employee of a board of education	6082
establishes, before retirement, one year or more of contributing	6083
service in the state teachers retirement system or school	6084
employees retirement system, then the prior service ceases to be	6085
the liability of this system.	6086

If the board determines that a position of any member in any	6087
calendar year prior to January 1, 1935, was a part-time position,	6088
the board shall determine what fractional part of a year's credit	6089
shall be allowed by the following formula:	6090

(1) When the member has been either elected or appointed to	6091
an office the term of which was two or more years and for which an	6092
annual salary is established, the fractional part of the year's	6093
credit shall be computed as follows:	6094

First, when the member's annual salary is one thousand	6095
dollars or less, the service credit for each such calendar year	6096
shall be forty per cent of a year.	6097

Second, for each full one hundred dollars of annual salary	6098
above one thousand dollars, the member's service credit for each	6099
such calendar year shall be increased by two and one-half per	6100
cent.	6101

(2) When the member is paid on a per diem basis, the service	6102
credit for any single year of the service shall be determined by	6103
using the number of days of service for which the compensation was	6104
received in any such year as a numerator and using two hundred	6105
fifty days as a denominator.	6106

(3) When the member is paid on an hourly basis, the service	6107
credit for any single year of the service shall be determined by	6108
using the number of hours of service for which the compensation	6109
was received in any such year as a numerator and using two	6110
thousand hours as a denominator.	6111

(F) "Contributor" means any person who has an account in the	6112
employees' savings fund created by section 145.23 of the Revised	6113
Code. When used in the sections listed in division (B) of section	6114
145.82 of the Revised Code, "contributor" includes any person	6115
participating in a PERS defined contribution plan.	6116

(G) "Beneficiary" or "beneficiaries" means the estate or a	6117
person or persons who, as the result of the death of a member,	6118
contributor, or retirant, qualify for or are receiving some right	6119
or benefit under this chapter.	6120

(H)(1) "Total service credit," except as provided in section	6121
145.37 of the Revised Code, means all service credited to a member	6122
of the retirement system since last becoming a member, including	6123
restored service credit as provided by section 145.31 of the	6124
Revised Code; credit purchased under sections 145.293 and 145.299	6125
of the Revised Code; all the member's prior service credit; all	6126
the member's military service credit computed as provided in this	6127
chapter; all service credit established pursuant to section	6128
145.297 of the Revised Code; and any other service credited under	6129
this chapter. In addition, "total service credit" includes any	6130
period, not in excess of three years, during which a member was	6131
out of service and receiving benefits under Chapters 4121. and	6132
4123. of the Revised Code. For the exclusive purpose of satisfying	6133
the service credit requirement and of determining eligibility for	6134
benefits under sections 145.32, 145.33, 145.331, 145.35, 145.36,	6135
and 145.361 of the Revised Code, "five or more years of total	6136
service credit" means sixty or more calendar months of	6137
contributing service in this system.	6138

(2) "One and one-half years of contributing service credit,"	6139
as used in division (B) of section 145.45 of the Revised Code,	6140
also means eighteen or more calendar months of employment by a	6141
municipal corporation that formerly operated its own retirement	6142
plan for its employees or a part of its employees, provided that	6143
all employees of that municipal retirement plan who have eighteen	6144
or more months of such employment, upon establishing membership in	6145
the public employees retirement system, shall make a payment of	6146
the contributions they would have paid had they been members of	6147
this system for the eighteen months of employment preceding the	6148
date membership was established. When that payment has been made	6149
by all such employee members, a corresponding payment shall be	6150
paid into the employers' accumulation fund by that municipal	6151
corporation as the employer of the employees.	6152

(3) Where a member also is a member of the state teachers	6153
retirement system or the school employees retirement system, or	6154
both, except in cases of retirement on a combined basis pursuant	6155
to section 145.37 of the Revised Code or as provided in section	6156
145.383 of the Revised Code, service credit for any period shall	6157
be credited on the basis of the ratio that contributions to the	6158
public employees retirement system bear to total contributions in	6159
all state retirement systems.	6160

(4) Not more than one year of credit may be given for any	6161
period of twelve months.	6162

(5) "Ohio service credit" means credit for service that was	6163
rendered to the state or any of its political subdivisions or any	6164
employer.	6165

(I) "Regular interest" means interest at any rates for the	6166
respective funds and accounts as the public employees retirement	6167
board may determine from time to time.	6168

(J) "Accumulated contributions" means the sum of all amounts	6169
credited to a contributor's individual account in the employees'	6170
savings fund together with any interest credited to the	6171
contributor's account under section 145.471 or 145.472 of the	6172
Revised Code.	6173

(K)(1) "Final average salary" means the quotient obtained by	6174
dividing by three the sum of the three full calendar years of	6175
contributing service in which the member's earnable salary was	6176
highest, except that if the member has a partial year of	6177
contributing service in the year the member's employment	6178
terminates and the member's earnable salary for the partial year	6179
is higher than for any comparable period in the three years, the	6180
member's earnable salary for the partial year shall be substituted	6181
for the member's earnable salary for the comparable period during	6182
the three years in which the member's earnable salary was lowest.	6183

(2) If a member has less than three years of contributing	6184
service, the member's final average salary shall be the member's	6185
total earnable salary divided by the total number of years,	6186
including any fraction of a year, of the member's contributing	6187
service.	6188

(3) For the purpose of calculating benefits payable to a	6189
member qualifying for service credit under division (Z) of this	6190
section, "final average salary" means the total earnable salary on	6191
which contributions were made divided by the total number of years	6192
during which contributions were made, including any fraction of a	6193
year. If contributions were made for less than twelve months,	6194
"final average salary" means the member's total earnable salary.	6195

(L) "Annuity" means payments for life derived from	6196
contributions made by a contributor and paid from the annuity and	6197
pension reserve fund as provided in this chapter. All annuities	6198
shall be paid in twelve equal monthly installments.	6199

(M) "Annuity reserve" means the present value, computed upon	6200
the basis of the mortality and other tables adopted by the board,	6201
of all payments to be made on account of any annuity, or benefit	6202
in lieu of any annuity, granted to a retirant as provided in this	6203
chapter.	6204

(N)(1) "Disability retirement" means retirement as provided	6205
in section 145.36 of the Revised Code.	6206

(2) "Disability allowance" means an allowance paid on account	6207
of disability under section 145.361 of the Revised Code.	6208

(3) "Disability benefit" means a benefit paid as disability	6209
retirement under section 145.36 of the Revised Code, as a	6210
disability allowance under section 145.361 of the Revised Code, or	6211
as a disability benefit under section 145.37 of the Revised Code.	6212

(4) "Disability benefit recipient" means a member who is	6213
receiving a disability benefit.	6214

(O) "Age and service retirement" means retirement as provided	6215
in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of	6216
the Revised Code.	6217

(P) "Pensions" means annual payments for life derived from	6218
contributions made by the employer that at the time of retirement	6219
are credited into the annuity and pension reserve fund from the	6220
employers' accumulation fund and paid from the annuity and pension	6221
reserve fund as provided in this chapter. All pensions shall be	6222
paid in twelve equal monthly installments.	6223

(Q) "Retirement allowance" means the pension plus that	6224
portion of the benefit derived from contributions made by the	6225
member.	6226

(R)(1) Except as otherwise provided in division (R) of this	6227
section, "earnable salary" means all salary, wages, and other	6228
earnings paid to a contributor by reason of employment in a	6229
position covered by the retirement system. The salary, wages, and	6230
other earnings shall be determined prior to determination of the	6231
amount required to be contributed to the employees' savings fund	6232
under section 145.47 of the Revised Code and without regard to	6233
whether any of the salary, wages, or other earnings are treated as	6234
deferred income for federal income tax purposes. "Earnable salary"	6235
includes the following:	6236

(a) Payments made by the employer in lieu of salary, wages,	6237
or other earnings for sick leave, personal leave, or vacation used	6238
by the contributor;	6239

(b) Payments made by the employer for the conversion of sick	6240
leave, personal leave, and vacation leave accrued, but not used if	6241
the payment is made during the year in which the leave is accrued,	6242
except that payments made pursuant to section 124.383 or 124.386	6243
of the Revised Code are not earnable salary;	6244

(c) Allowances paid by the employer for full maintenance,	6245
consisting of housing, laundry, and meals, as certified to the	6246
retirement board by the employer or the head of the department	6247
that employs the contributor;	6248

(d) Fees and commissions paid under section 507.09 of the	6249
Revised Code;	6250

(e) Payments that are made under a disability leave program	6251
sponsored by the employer and for which the employer is required	6252
by section 145.296 of the Revised Code to make periodic employer	6253
and employee contributions;	6254

(f) Amounts included pursuant to divisions (K)(3) and (Y) of	6255
this section.	6256

(2) "Earnable salary" does not include any of the following:

6257

(a) Fees and commissions, other than those paid under section	6258
507.09 of the Revised Code, paid as sole compensation for personal	6259
services and fees and commissions for special services over and	6260
above services for which the contributor receives a salary;	6261

(b) Amounts paid by the employer to provide life insurance,	6262
sickness, accident, endowment, health, medical, hospital, dental,	6263
or surgical coverage, or other insurance for the contributor or	6264
the contributor's family, or amounts paid by the employer to the	6265
contributor in lieu of providing the insurance;	6266

(c) Incidental benefits, including lodging, food, laundry,	6267
parking, or services furnished by the employer, or use of the	6268
employer's property or equipment, or amounts paid by the employer	6269
to the contributor in lieu of providing the incidental benefits;	6270

(d) Reimbursement for job-related expenses authorized by the	6271
employer, including moving and travel expenses and expenses	6272
related to professional development;	6273

(e) Payments for accrued but unused sick leave, personal	6274
leave, or vacation that are made at any time other than in the	6275
year in which the sick leave, personal leave, or vacation was	6276
accrued;	6277

(f) Payments made to or on behalf of a contributor that are	6278
in excess of the annual compensation that may be taken into	6279
account by the retirement system under division (a)(17) of section	6280
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	6281
U.S.C.A. 401(a)(17), as amended;	6282

(g) Payments made under division (B), (C), or (E) of section	6283
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	6284
No. 3 of the 119th general assembly, Section 3 of Amended	6285
Substitute Senate Bill No. 164 of the 124th general assembly, or	6286
Amended Substitute House Bill No. 405 of the 124th general	6287
assembly;	6288

(h) Anything of value received by the contributor that is	6289
based on or attributable to retirement or an agreement to retire,	6290
except that payments made on or before January 1, 1989, that are	6291
based on or attributable to an agreement to retire shall be	6292
included in earnable salary if both of the following apply:	6293

(i) The payments are made in accordance with contract	6294
provisions that were in effect prior to January 1, 1986;	6295

(ii) The employer pays the retirement system an amount	6296
specified by the retirement board equal to the additional	6297
liability resulting from the payments.	6298

(3) The retirement board shall determine by rule whether any	6299
compensation not enumerated in division (R) of this section is	6300
earnable salary, and its decision shall be final.	6301

(S) "Pension reserve" means the present value, computed upon	6302
the basis of the mortality and other tables adopted by the board,	6303
of all payments to be made on account of any retirement allowance	6304
or benefit in lieu of any retirement allowance, granted to a	6305
member or beneficiary under this chapter.	6306

(T)(1) "Contributing service" means all service credited to a	6307
member of the system since January 1, 1935, for which	6308
contributions are made as required by sections 145.47, 145.48, and	6309
145.483 of the Revised Code. In any year subsequent to 1934,	6310
credit for any service shall be allowed by the following formula:	6311

(a) For each month for which the member's earnable salary is	6312
two hundred fifty dollars or more, allow one month's credit.	6313

(b) For each month for which the member's earnable salary is	6314
less than two hundred fifty dollars, allow a fraction of a month's	6315
credit. The numerator of this fraction shall be the earnable	6316
salary during the month, and the denominator shall be two hundred	6317
fifty dollars, except that if the member's annual earnable salary	6318
is less than six hundred dollars, the member's credit shall not be	6319
reduced below twenty per cent of a year for a calendar year of	6320
employment during which the member worked each month. Division	6321
(T)(1)(b) of this section shall not reduce any credit earned	6322
before January 1, 1985.	6323

(2) Notwithstanding division (T)(1) of this section, an	6324
elected official who prior to January 1, 1980, was granted a full	6325
year of credit for each year of service as an elected official	6326
shall be considered to have earned a full year of credit for each	6327
year of service regardless of whether the service was full-time or	6328
part-time. The public employees retirement board has no authority	6329
to reduce the credit.	6330

(U) "State retirement board" means the public employees	6331
retirement board, the school employees retirement board, or the	6332
state teachers retirement board.	6333

(V) "Retirant" means any former member who retires and is	6334
receiving a monthly allowance as provided in sections 145.32,	6335
145.33, 145.331, 145.34, and 145.46 of the Revised Code.	6336

(W) "Employer contribution" means the amount paid by an	6337
employer as determined under section 145.48 of the Revised Code.	6338

(X) "Public service terminates" means the last day for which	6339
a public employee is compensated for services performed for an	6340
employer or the date of the employee's death, whichever occurs	6341
first.	6342

(Y) When a member has been elected or appointed to an office,	6343
the term of which is two or more years, for which an annual salary	6344
is established, and in the event that the salary of the office is	6345
increased and the member is denied the additional salary by reason	6346
of any constitutional provision prohibiting an increase in salary	6347
during a term of office, the member may elect to have the amount	6348
of the member's contributions calculated upon the basis of the	6349
increased salary for the office. At the member's request, the	6350
board shall compute the total additional amount the member would	6351
have contributed, or the amount by which each of the member's	6352
contributions would have increased, had the member received the	6353
increased salary for the office the member holds. If the member	6354
elects to have the amount by which the member's contribution would	6355
have increased withheld from the member's salary, the member shall	6356
notify the employer, and the employer shall make the withholding	6357
and transmit it to the retirement system. A member who has not	6358
elected to have that amount withheld may elect at any time to make	6359
a payment to the retirement system equal to the additional amount	6360
the member's contribution would have increased, plus interest on	6361
that contribution, compounded annually at a rate established by	6362
the board and computed from the date on which the last	6363
contribution would have been withheld from the member's salary to	6364
the date of payment. A member may make a payment for part of the	6365
period for which the increased contribution was not withheld, in	6366
which case the interest shall be computed from the date the last	6367
contribution would have been withheld for the period for which the	6368
payment is made. Upon the payment of the increased contributions	6369
as provided in this division, the increased annual salary as	6370
provided by law for the office for the period for which the member	6371
paid increased contributions thereon shall be used in determining	6372
the member's earnable salary for the purpose of computing the	6373
member's final average salary.	6374

(Z) "Five years of service credit," for the exclusive purpose	6375
of satisfying the service credit requirements and of determining	6376
eligibility for benefits under section 145.33 of the Revised Code,	6377
means employment covered under this chapter or under a former	6378
retirement plan operated, recognized, or endorsed by the employer	6379
prior to coverage under this chapter or under a combination of the	6380
coverage.	6381

(AA) "Deputy sheriff" means any person who is commissioned	6382
and employed as a full-time peace officer by the sheriff of any	6383
county, and has been so employed since on or before December 31,	6384
1965; any person who is or has been commissioned and employed as a	6385
peace officer by the sheriff of any county since January 1, 1966,	6386
and who has received a certificate attesting to the person's	6387
satisfactory completion of the peace officer training school as	6388
required by section 109.77 of the Revised Code; or any person	6389
deputized by the sheriff of any county and employed pursuant to	6390
section 2301.12 of the Revised Code as a criminal bailiff or court	6391
constable who has received a certificate attesting to the person's	6392
satisfactory completion of the peace officer training school as	6393
required by section 109.77 of the Revised Code.	6394

(BB) "Township constable or police officer in a township	6395
police department or district" means any person who is	6396
commissioned and employed as a full-time peace officer pursuant to	6397
Chapter 505. or 509. of the Revised Code, who has received a	6398
certificate attesting to the person's satisfactory completion of	6399
the peace officer training school as required by section 109.77 of	6400
the Revised Code.	6401

(CC) "Drug agent" means any person who is either of the	6402
following:	6403

(1) Employed full time as a narcotics agent by a county	6404
narcotics agency created pursuant to section 307.15 of the Revised	6405
Code and has received a certificate attesting to the satisfactory	6406
completion of the peace officer training school as required by	6407
section 109.77 of the Revised Code;	6408

(2) Employed full time as an undercover drug agent as defined	6409
in section 109.79 of the Revised Code and is in compliance with	6410
section 109.77 of the Revised Code.	6411

(DD) "Department of public safety enforcement agent" means a	6412
full-time employee of the department of public safety who is	6413
designated under section 5502.14 of the Revised Code as an	6414
enforcement agent and who is in compliance with section 109.77 of	6415
the Revised Code.	6416

(EE) "Natural resources law enforcement staff officer" means	6417
a full-time employee of the department of natural resources who is	6418
designated a natural resources law enforcement staff officer under	6419
section 1501.013 of the Revised Code and is in compliance with	6420
section 109.77 of the Revised Code.	6421

(FF) "Park officer" means a full-time employee of the	6422
department of natural resources who is designated a park officer	6423
under section 1541.10 of the Revised Code and is in compliance	6424
with section 109.77 of the Revised Code.	6425

(GG) "Forest officer" means a full-time employee of the	6426
department of natural resources who is designated a forest officer	6427
under section 1503.29 of the Revised Code and is in compliance	6428
with section 109.77 of the Revised Code.	6429

(HH) "Preserve officer" means a full-time employee of the	6430
department of natural resources who is designated a preserve	6431
officer under section 1517.10 of the Revised Code and is in	6432
compliance with section 109.77 of the Revised Code.	6433

(II) "Wildlife officer" means a full-time employee of the	6434
department of natural resources who is designated a wildlife	6435
officer under section 1531.13 of the Revised Code and is in	6436
compliance with section 109.77 of the Revised Code.	6437

(JJ) "State watercraft officer" means a full-time employee of	6438
the department of natural resources who is designated a state	6439
watercraft officer under section 1547.521 of the Revised Code and	6440
is in compliance with section 109.77 of the Revised Code.	6441

(KK) "Park district police officer" means a full-time	6442
employee of a park district who is designated pursuant to section	6443
511.232 or 1545.13 of the Revised Code and is in compliance with	6444
section 109.77 of the Revised Code.	6445

(LL) "Conservancy district officer" means a full-time	6446
employee of a conservancy district who is designated pursuant to	6447
section 6101.75 of the Revised Code and is in compliance with	6448
section 109.77 of the Revised Code.	6449

(MM) "Municipal police officer" means a member of the	6450
organized police department of a municipal corporation who is	6451
employed full time, is in compliance with section 109.77 of the	6452
Revised Code, and is not a member of the Ohio police and fire	6453
pension fund.	6454

(NN) "Veterans' home police officer" means any person who is	6455
employed at a veterans' home as a police officer pursuant to	6456
section 5907.02 of the Revised Code and is in compliance with	6457
section 109.77 of the Revised Code.	6458

(OO) "Special police officer for a mental health institution"	6459
means any person who is designated as such pursuant to section	6460
5119.14 of the Revised Code and is in compliance with section	6461
109.77 of the Revised Code.	6462

(PP) "Special police officer for an institution for the	6463
mentally retarded and developmentally disabled" means any person	6464
who is designated as such pursuant to section 5123.13 of the	6465
Revised Code and is in compliance with section 109.77 of the	6466
Revised Code.	6467

(QQ) "State university law enforcement officer" means any	6468
person who is employed full time as a state university law	6469
enforcement officer pursuant to section 3345.04 of the Revised	6470
Code and who is in compliance with section 109.77 of the Revised	6471
Code.	6472

(RR) "House sergeant at arms" means any person appointed by	6473
the speaker of the house of representatives under division (B)(1)	6474
of section 101.311 of the Revised Code who has arrest authority	6475
under division (E)(1) of that section.	6476

(SS) "Assistant house sergeant at arms" means any person	6477
appointed by the house sergeant at arms under division (C)(1) of	6478
section 101.311 of the Revised Code.	6479

(TT) "Regional transit authority police officer" means a	6480
person who is employed full time as a regional transit authority	6481
police officer under division (Y) of section 306.35 of the Revised	6482
Code and is in compliance with section 109.77 of the Revised Code.	6483

(UU) "State highway patrol police officer" means a special	6484
police officer employed full time and designated by the	6485
superintendent of the state highway patrol pursuant to section	6486
5503.09 of the Revised Code or a person serving full time as a	6487
special police officer pursuant to that section on a permanent	6488
basis on October 21, 1997, who is in compliance with section	6489
109.77 of the Revised Code.	6490

(VV) "Municipal public safety director" means a person who	6491
serves full time as the public safety director of a municipal	6492
corporation with the duty of directing the activities of the	6493
municipal corporation's police department and fire department.	6494

(WW) Notwithstanding section 2901.01 of the Revised Code,	6495
"PERS law enforcement officer" means a sheriff or any of the	6496
following whose primary duties are to preserve the peace, protect	6497
life and property, and enforce the laws of this state: a deputy	6498
sheriff, township constable or police officer in a township police	6499
department or district, drug agent, department of public safety	6500
enforcement agent, natural resources law enforcement staff	6501
officer, park officer, forest officer, preserve officer, wildlife	6502
officer, state watercraft officer, park district police officer,	6503
conservancy district officer, veterans' home police officer,	6504
special police officer for a mental health institution, special	6505
police officer for an institution for the mentally retarded and	6506
developmentally disabled, state university law enforcement	6507
officer, municipal police officer, house sergeant at arms,	6508
assistant house sergeant at arms, regional transit authority	6509
police officer, or state highway patrol police officer. PERS law	6510
enforcement officer also includes a person serving as a municipal	6511
public safety director at any time during the period from	6512
September 29, 2005, to March 24, 2009, if the duties of that	6513
service were to preserve the peace, protect life and property, and	6514
enforce the laws of this state.	6515

(XX) "Hamilton county municipal court bailiff" means a person	6516
appointed by the clerk of courts of the Hamilton county municipal	6517
court under division (A)(3) of section 1901.32 of the Revised Code	6518
who is employed full time as a bailiff or deputy bailiff, who has	6519
received a certificate attesting to the person's satisfactory	6520
completion of the peace officer basic training described in	6521
division (D)(1) of section 109.77 of the Revised Code.	6522

(YY) "PERS public safety officer" means a Hamilton county	6523
municipal court bailiff, or any of the following whose primary	6524
duties are other than to preserve the peace, protect life and	6525
property, and enforce the laws of this state: a deputy sheriff,	6526
township constable or police officer in a township police	6527
department or district, drug agent, department of public safety	6528
enforcement agent, natural resources law enforcement staff	6529
officer, park officer, forest officer, preserve officer, wildlife	6530
officer, state watercraft officer, park district police officer,	6531
conservancy district officer, veterans' home police officer,	6532
special police officer for a mental health institution, special	6533
police officer for an institution for the mentally retarded and	6534
developmentally disabled, state university law enforcement	6535
officer, municipal police officer, house sergeant at arms,	6536
assistant house sergeant at arms, regional transit authority	6537
police officer, or state highway patrol police officer. "PERS	6538
public safety officer" also includes a person serving as a	6539
municipal public safety director at any time during the period	6540
from September 29, 2005, to March 24, 2009, if the duties of that	6541
service were other than to preserve the peace, protect life and	6542
property, and enforce the laws of this state.	6543

(ZZ) "Fiduciary" means a person who does any of the	6544
following:	6545

(1) Exercises any discretionary authority or control with	6546
respect to the management of the system or with respect to the	6547
management or disposition of its assets;	6548

(2) Renders investment advice for a fee, direct or indirect,	6549
with respect to money or property of the system;	6550

(3) Has any discretionary authority or responsibility in the	6551
administration of the system.	6552

(AAA) "Actuary" means an individual who satisfies all of the	6553
following requirements:	6554

(1) Is a member of the American academy of actuaries;

6555

(2) Is an associate or fellow of the society of actuaries;

6556

(3) Has a minimum of five years' experience in providing	6557
actuarial services to public retirement plans.	6558

(BBB) "PERS defined benefit plan" means the plan described in	6559
sections 145.201 to 145.79 of the Revised Code.	6560

(CCC) "PERS defined contribution plans" means the plan or	6561
plans established under section 145.81 of the Revised Code.	6562

Sec. 145.012. (A) "Public employee," as defined in division	6563
(A) of section 145.01 of the Revised Code, does not include any	6564
person:	6565

(1) Who is employed by a private, temporary-help service and	6566
performs services under the direction of a public employer or is	6567
employed on a contractual basis as an independent contractor under	6568
a personal service contract with a public employer;	6569

(2) Who is an emergency employee serving on a temporary basis	6570
in case of fire, snow, earthquake, flood, or other similar	6571
emergency;	6572

(3) Who is employed in a program established pursuant to the	6573
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	6574
1501;	6575

(4) Who is an appointed member of either the motor vehicle	6576
salvage dealers board or the motor vehicle dealer's board whose	6577
rate and method of payment are determined pursuant to division (J)	6578
of section 124.15 of the Revised Code;	6579

(5) Who is employed as an election worker and paid less than	6580
five hundred dollars per calendar year for that service;	6581

(6) Who is employed as a firefighter in a position requiring	6582
satisfactory completion of a firefighter training course approved	6583
under former section 3303.07 or section 4765.55 of the Revised	6584
Code or conducted under section 3737.33 of the Revised Code except	6585
for the following:	6586

(a) Any firefighter who has elected under section 145.013 of	6587
the Revised Code to remain a contributing member of the public	6588
employees retirement system;	6589

(b) Any firefighter who was eligible to transfer from the	6590
public employees retirement system to the Ohio police and fire	6591
pension fund under section 742.51 or 742.515 of the Revised Code	6592
and did not elect to transfer;	6593

(c) Any firefighter who has elected under section 742.516 of	6594
the Revised Code to transfer from the Ohio police and fire pension	6595
fund to the public employees retirement system.	6596

(7) Who is a member of the board of health of a city or	6597
general health district, which pursuant to sections 3709.051 and	6598
3709.07 of the Revised Code includes a combined health district,	6599
and whose compensation for attendance at meetings of the board is	6600
set forth in division (B) of section 3709.02 or division (B) of	6601
section 3709.05 of the Revised Code, as appropriate;	6602

(8) Who participates in an alternative retirement plan	6603
established under Chapter 3305. of the Revised Code;	6604

(9) Who is a member of the board of directors of a sanitary	6605
district established under Chapter 6115. of the Revised Code;	6606

(10) Who is a member of the unemployment compensation	6607
advisory council;	6608

(11) Who is an employee, officer, or governor-appointed	6609
member of the board of directors of the nonprofit corporation	6610
formed under section 187.01 of the Revised Code;	6611

(12) Who is employed by the nonprofit entity established to	6612
provide advocacy services and a client assistance program for	6613
people with disabilities under Section 319.20 of Am. Sub. H.B. 153	6614
of the 129th general assembly and whose employment begins on or	6615
after October 1, 2012.	6616

(B) No inmate of a correctional institution operated by the	6617
department of rehabilitation and correction, no patient in a	6618
hospital for the mentally ill or criminally insane operated by the	6619
department of mental health, no resident in an institution for the	6620
mentally retarded operated by the department of developmental	6621
disabilities, no resident admitted as a patient of a veterans'	6622
home operated under Chapter 5907. of the Revised Code, and no	6623
resident of a county home shall be considered as a public employee	6624
for the purpose of establishing membership or calculating service	6625
credit or benefits under this chapter. Nothing in this division	6626
shall be construed to affect any service credit attained by any	6627
person who was a public employee before becoming an inmate,	6628
patient, or resident at any institution listed in this division,	6629
or the payment of any benefit for which such a person or such a	6630
person's beneficiaries otherwise would be eligible.	6631

Sec. 149.43. (A) As used in this section:

6632

(1) "Public record" means records kept by any public office,	6633
including, but not limited to, state, county, city, village,	6634
township, and school district units, and records pertaining to the	6635
delivery of educational services by an alternative school in this	6636
state kept by the nonprofit or for-profit entity operating the	6637
alternative school pursuant to section 3313.533 of the Revised	6638
Code. "Public record" does not mean any of the following:	6639

(a) Medical records;

6640

(b) Records pertaining to probation and parole proceedings or	6641
to proceedings related to the imposition of community control	6642
sanctions and post-release control sanctions;	6643

(c) Records pertaining to actions under section 2151.85 and	6644
division (C) of section 2919.121 of the Revised Code and to	6645
appeals of actions arising under those sections;	6646

(d) Records pertaining to adoption proceedings, including the	6647
contents of an adoption file maintained by the department of	6648
health under section 3705.12 of the Revised Code;	6649

(e) Information in a record contained in the putative father	6650
registry established by section 3107.062 of the Revised Code,	6651
regardless of whether the information is held by the department of	6652
job and family services or, pursuant to section 3111.69 of the	6653
Revised Code, the office of child support in the department or a	6654
child support enforcement agency;	6655

(f) Records listed in division (A) of section 3107.42 of the	6656
Revised Code or specified in division (A) of section 3107.52 of	6657
the Revised Code;	6658

(g) Trial preparation records;

6659

(h) Confidential law enforcement investigatory records;

6660

(i) Records containing information that is confidential under	6661
section 2710.03 or 4112.05 of the Revised Code;	6662

(j) DNA records stored in the DNA database pursuant to	6663
section 109.573 of the Revised Code;	6664

(k) Inmate records released by the department of	6665
rehabilitation and correction to the department of youth services	6666
or a court of record pursuant to division (E) of section 5120.21	6667
of the Revised Code;	6668

(l) Records maintained by the department of youth services	6669
pertaining to children in its custody released by the department	6670
of youth services to the department of rehabilitation and	6671
correction pursuant to section 5139.05 of the Revised Code;	6672

(m) Intellectual property records;

6673

(n) Donor profile records;

6674

(o) Records maintained by the department of job and family	6675
services pursuant to section 3121.894 of the Revised Code;	6676

(p) Peace officer, parole officer, probation officer,	6677
bailiff, prosecuting attorney, assistant prosecuting attorney,	6678
correctional employee, community-based correctional facility	6679
employee, youth services employee, firefighter, EMT, or	6680
investigator of the bureau of criminal identification and	6681
investigation residential and familial information;	6682

(q) In the case of a county hospital operated pursuant to	6683
Chapter 339. of the Revised Code or a municipal hospital operated	6684
pursuant to Chapter 749. of the Revised Code, information that	6685
constitutes a trade secret, as defined in section 1333.61 of the	6686
Revised Code;	6687

(r) Information pertaining to the recreational activities of	6688
a person under the age of eighteen;	6689

(s) Records provided to, statements made by review board	6690
members during meetings of, and all work products of a child	6691
fatality review board acting under sections 307.621 to 307.629 of	6692
the Revised Code, and child fatality review data submitted by the	6693
child fatality review board to the department of health or a	6694
national child death review database, other than the report	6695
prepared pursuant to division (A) of section 307.626 of the	6696
Revised Code;	6697

(t) Records provided to and statements made by the executive	6698
director of a public children services agency or a prosecuting	6699
attorney acting pursuant to section 5153.171 of the Revised Code	6700
other than the information released under that section;	6701

(u) Test materials, examinations, or evaluation tools used in	6702
an examination for licensure as a nursing home administrator that	6703
the board of examiners of nursing home administrators administers	6704
under section 4751.04 of the Revised Code or contracts under that	6705
section with a private or government entity to administer;	6706

(v) Records the release of which is prohibited by state or	6707
federal law;	6708

(w) Proprietary information of or relating to any person that	6709
is submitted to or compiled by the Ohio venture capital authority	6710
created under section 150.01 of the Revised Code;	6711

(x) Information reported and evaluations conducted pursuant	6712
to section 3701.072 of the Revised Code;	6713

(y) Financial statements and data any person submits for any	6714
purpose to the Ohio housing finance agency or the controlling	6715
board in connection with applying for, receiving, or accounting	6716
for financial assistance from the agency, and information that	6717
identifies any individual who benefits directly or indirectly from	6718
financial assistance from the agency;	6719

(z) Records listed in section 5101.29 of the Revised Code;

6720

(aa) Discharges recorded with a county recorder under section	6721
317.24 of the Revised Code, as specified in division (B)(2) of	6722
that section;	6723

(bb) Usage information including names and addresses of	6724
specific residential and commercial customers of a municipally	6725
owned or operated public utility.	6726

(2) "Confidential law enforcement investigatory record" means	6727
any record that pertains to a law enforcement matter of a	6728
criminal, quasi-criminal, civil, or administrative nature, but	6729
only to the extent that the release of the record would create a	6730
high probability of disclosure of any of the following:	6731

(a) The identity of a suspect who has not been charged with	6732
the offense to which the record pertains, or of an information	6733
source or witness to whom confidentiality has been reasonably	6734
promised;	6735

(b) Information provided by an information source or witness	6736
to whom confidentiality has been reasonably promised, which	6737
information would reasonably tend to disclose the source's or	6738
witness's identity;	6739

(c) Specific confidential investigatory techniques or	6740
procedures or specific investigatory work product;	6741

(d) Information that would endanger the life or physical	6742
safety of law enforcement personnel, a crime victim, a witness, or	6743
a confidential information source.	6744

(3) "Medical record" means any document or combination of	6745
documents, except births, deaths, and the fact of admission to or	6746
discharge from a hospital, that pertains to the medical history,	6747
diagnosis, prognosis, or medical condition of a patient and that	6748
is generated and maintained in the process of medical treatment.	6749

(4) "Trial preparation record" means any record that contains	6750
information that is specifically compiled in reasonable	6751
anticipation of, or in defense of, a civil or criminal action or	6752
proceeding, including the independent thought processes and	6753
personal trial preparation of an attorney.	6754

(5) "Intellectual property record" means a record, other than	6755
a financial or administrative record, that is produced or	6756
collected by or for faculty or staff of a state institution of	6757
higher learning in the conduct of or as a result of study or	6758
research on an educational, commercial, scientific, artistic,	6759
technical, or scholarly issue, regardless of whether the study or	6760
research was sponsored by the institution alone or in conjunction	6761
with a governmental body or private concern, and that has not been	6762
publicly released, published, or patented.	6763

(6) "Donor profile record" means all records about donors or	6764
potential donors to a public institution of higher education	6765
except the names and reported addresses of the actual donors and	6766
the date, amount, and conditions of the actual donation.	6767

(7) "Peace officer, parole officer, probation officer,	6768
bailiff, prosecuting attorney, assistant prosecuting attorney,	6769
correctional employee, community-based correctional facility	6770
employee, youth services employee, firefighter, EMT, or	6771
investigator of the bureau of criminal identification and	6772
investigation residential and familial information" means any	6773
information that discloses any of the following about a peace	6774
officer, parole officer, probation officer, bailiff, prosecuting	6775
attorney, assistant prosecuting attorney, correctional employee,	6776
community-based correctional facility employee, youth services	6777
employee, firefighter, EMT, or investigator of the bureau of	6778
criminal identification and investigation:	6779

(a) The address of the actual personal residence of a peace	6780
officer, parole officer, probation officer, bailiff, assistant	6781
prosecuting attorney, correctional employee, community-based	6782
correctional facility employee, youth services employee,	6783
firefighter, EMT, or an investigator of the bureau of criminal	6784
identification and investigation, except for the state or	6785
political subdivision in which the peace officer, parole officer,	6786
probation officer, bailiff, assistant prosecuting attorney,	6787
correctional employee, community-based correctional facility	6788
employee, youth services employee, firefighter, EMT, or	6789
investigator of the bureau of criminal identification and	6790
investigation resides;	6791

(b) Information compiled from referral to or participation in	6792
an employee assistance program;	6793

(c) The social security number, the residential telephone	6794
number, any bank account, debit card, charge card, or credit card	6795
number, or the emergency telephone number of, or any medical	6796
information pertaining to, a peace officer, parole officer,	6797
probation officer, bailiff, prosecuting attorney, assistant	6798
prosecuting attorney, correctional employee, community-based	6799
correctional facility employee, youth services employee,	6800
firefighter, EMT, or investigator of the bureau of criminal	6801
identification and investigation;	6802

(d) The name of any beneficiary of employment benefits,	6803
including, but not limited to, life insurance benefits, provided	6804
to a peace officer, parole officer, probation officer, bailiff,	6805
prosecuting attorney, assistant prosecuting attorney, correctional	6806
employee, community-based correctional facility employee, youth	6807
services employee, firefighter, EMT, or investigator of the bureau	6808
of criminal identification and investigation by the peace	6809
officer's, parole officer's, probation officer's, bailiff's,	6810
prosecuting attorney's, assistant prosecuting attorney's,	6811
correctional employee's, community-based correctional facility	6812
employee's, youth services employee's, firefighter's, EMT's, or	6813
investigator of the bureau of criminal identification and	6814
investigation's employer;	6815

(e) The identity and amount of any charitable or employment	6816
benefit deduction made by the peace officer's, parole officer's,	6817
probation officer's, bailiff's, prosecuting attorney's, assistant	6818
prosecuting attorney's, correctional employee's, community-based	6819
correctional facility employee's, youth services employee's,	6820
firefighter's, EMT's, or investigator of the bureau of criminal	6821
identification and investigation's employer from the peace	6822
officer's, parole officer's, probation officer's, bailiff's,	6823
prosecuting attorney's, assistant prosecuting attorney's,	6824
correctional employee's, community-based correctional facility	6825
employee's, youth services employee's, firefighter's, EMT's, or	6826
investigator of the bureau of criminal identification and	6827
investigation's compensation unless the amount of the deduction is	6828
required by state or federal law;	6829

(f) The name, the residential address, the name of the	6830
employer, the address of the employer, the social security number,	6831
the residential telephone number, any bank account, debit card,	6832
charge card, or credit card number, or the emergency telephone	6833
number of the spouse, a former spouse, or any child of a peace	6834
officer, parole officer, probation officer, bailiff, prosecuting	6835
attorney, assistant prosecuting attorney, correctional employee,	6836
community-based correctional facility employee, youth services	6837
employee, firefighter, EMT, or investigator of the bureau of	6838
criminal identification and investigation;	6839

(g) A photograph of a peace officer who holds a position or	6840
has an assignment that may include undercover or plain clothes	6841
positions or assignments as determined by the peace officer's	6842
appointing authority.	6843

As used in divisions (A)(7) and (B)(9) of this section,	6844
"peace officer" has the same meaning as in section 109.71 of the	6845
Revised Code and also includes the superintendent and troopers of	6846
the state highway patrol; it does not include the sheriff of a	6847
county or a supervisory employee who, in the absence of the	6848
sheriff, is authorized to stand in for, exercise the authority of,	6849
and perform the duties of the sheriff.	6850

As used in divisions (A)(7) and (B)(5) of this section,	6851
"correctional employee" means any employee of the department of	6852
rehabilitation and correction who in the course of performing the	6853
employee's job duties has or has had contact with inmates and	6854
persons under supervision.	6855

As used in divisions (A)(7) and (B)(5) of this section,	6856
"youth services employee" means any employee of the department of	6857
youth services who in the course of performing the employee's job	6858
duties has or has had contact with children committed to the	6859
custody of the department of youth services.	6860

As used in divisions (A)(7) and (B)(9) of this section,	6861
"firefighter" means any regular, paid or volunteer, member of a	6862
lawfully constituted fire department of a municipal corporation,	6863
township, fire district, or village.	6864

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	6865
means EMTs-basic, EMTs-I, and paramedics that provide emergency	6866
medical services for a public emergency medical service	6867
organization. "Emergency medical service organization,"	6868
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	6869
section 4765.01 of the Revised Code.	6870

As used in divisions (A)(7) and (B)(9) of this section,	6871
"investigator of the bureau of criminal identification and	6872
investigation" has the meaning defined in section 2903.11 of the	6873
Revised Code.	6874

(8) "Information pertaining to the recreational activities of	6875
a person under the age of eighteen" means information that is kept	6876
in the ordinary course of business by a public office, that	6877
pertains to the recreational activities of a person under the age	6878
of eighteen years, and that discloses any of the following:	6879

(a) The address or telephone number of a person under the age	6880
of eighteen or the address or telephone number of that person's	6881
parent, guardian, custodian, or emergency contact person;	6882

(b) The social security number, birth date, or photographic	6883
image of a person under the age of eighteen;	6884

(c) Any medical record, history, or information pertaining to	6885
a person under the age of eighteen;	6886

(d) Any additional information sought or required about a	6887
person under the age of eighteen for the purpose of allowing that	6888
person to participate in any recreational activity conducted or	6889
sponsored by a public office or to use or obtain admission	6890
privileges to any recreational facility owned or operated by a	6891
public office.	6892

(9) "Community control sanction" has the same meaning as in	6893
section 2929.01 of the Revised Code.	6894

(10) "Post-release control sanction" has the same meaning as	6895
in section 2967.01 of the Revised Code.	6896

(11) "Redaction" means obscuring or deleting any information	6897
that is exempt from the duty to permit public inspection or	6898
copying from an item that otherwise meets the definition of a	6899
"record" in section 149.011 of the Revised Code.	6900

(12) "Designee" and "elected official" have the same meanings	6901
as in section 109.43 of the Revised Code.	6902

(B)(1) Upon request and subject to division (B)(8) of this	6903
section, all public records responsive to the request shall be	6904
promptly prepared and made available for inspection to any person	6905
at all reasonable times during regular business hours. Subject to	6906
division (B)(8) of this section, upon request, a public office or	6907
person responsible for public records shall make copies of the	6908
requested public record available at cost and within a reasonable	6909
period of time. If a public record contains information that is	6910
exempt from the duty to permit public inspection or to copy the	6911
public record, the public office or the person responsible for the	6912
public record shall make available all of the information within	6913
the public record that is not exempt. When making that public	6914
record available for public inspection or copying that public	6915
record, the public office or the person responsible for the public	6916
record shall notify the requester of any redaction or make the	6917
redaction plainly visible. A redaction shall be deemed a denial of	6918
a request to inspect or copy the redacted information, except if	6919
federal or state law authorizes or requires a public office to	6920
make the redaction.	6921

(2) To facilitate broader access to public records, a public	6922
office or the person responsible for public records shall organize	6923
and maintain public records in a manner that they can be made	6924
available for inspection or copying in accordance with division	6925
(B) of this section. A public office also shall have available a	6926
copy of its current records retention schedule at a location	6927
readily available to the public. If a requester makes an ambiguous	6928
or overly broad request or has difficulty in making a request for	6929
copies or inspection of public records under this section such	6930
that the public office or the person responsible for the requested	6931
public record cannot reasonably identify what public records are	6932
being requested, the public office or the person responsible for	6933
the requested public record may deny the request but shall provide	6934
the requester with an opportunity to revise the request by	6935
informing the requester of the manner in which records are	6936
maintained by the public office and accessed in the ordinary	6937
course of the public office's or person's duties.	6938

(3) If a request is ultimately denied, in part or in whole,	6939
the public office or the person responsible for the requested	6940
public record shall provide the requester with an explanation,	6941
including legal authority, setting forth why the request was	6942
denied. If the initial request was provided in writing, the	6943
explanation also shall be provided to the requester in writing.	6944
The explanation shall not preclude the public office or the person	6945
responsible for the requested public record from relying upon	6946
additional reasons or legal authority in defending an action	6947
commenced under division (C) of this section.	6948

(4) Unless specifically required or authorized by state or	6949
federal law or in accordance with division (B) of this section, no	6950
public office or person responsible for public records may limit	6951
or condition the availability of public records by requiring	6952
disclosure of the requester's identity or the intended use of the	6953
requested public record. Any requirement that the requester	6954
disclose the requestor's identity or the intended use of the	6955
requested public record constitutes a denial of the request.	6956

(5) A public office or person responsible for public records	6957
may ask a requester to make the request in writing, may ask for	6958
the requester's identity, and may inquire about the intended use	6959
of the information requested, but may do so only after disclosing	6960
to the requester that a written request is not mandatory and that	6961
the requester may decline to reveal the requester's identity or	6962
the intended use and when a written request or disclosure of the	6963
identity or intended use would benefit the requester by enhancing	6964
the ability of the public office or person responsible for public	6965
records to identify, locate, or deliver the public records sought	6966
by the requester.	6967

(6) If any person chooses to obtain a copy of a public record	6968
in accordance with division (B) of this section, the public office	6969
or person responsible for the public record may require that	6970
person to pay in advance the cost involved in providing the copy	6971
of the public record in accordance with the choice made by the	6972
person seeking the copy under this division. The public office or	6973
the person responsible for the public record shall permit that	6974
person to choose to have the public record duplicated upon paper,	6975
upon the same medium upon which the public office or person	6976
responsible for the public record keeps it, or upon any other	6977
medium upon which the public office or person responsible for the	6978
public record determines that it reasonably can be duplicated as	6979
an integral part of the normal operations of the public office or	6980
person responsible for the public record. When the person seeking	6981
the copy makes a choice under this division, the public office or	6982
person responsible for the public record shall provide a copy of	6983
it in accordance with the choice made by the person seeking the	6984
copy. Nothing in this section requires a public office or person	6985
responsible for the public record to allow the person seeking a	6986
copy of the public record to make the copies of the public record.	6987

(7) Upon a request made in accordance with division (B) of	6988
this section and subject to division (B)(6) of this section, a	6989
public office or person responsible for public records shall	6990
transmit a copy of a public record to any person by United States	6991
mail or by any other means of delivery or transmission within a	6992
reasonable period of time after receiving the request for the	6993
copy. The public office or person responsible for the public	6994
record may require the person making the request to pay in advance	6995
the cost of postage if the copy is transmitted by United States	6996
mail or the cost of delivery if the copy is transmitted other than	6997
by United States mail, and to pay in advance the costs incurred	6998
for other supplies used in the mailing, delivery, or transmission.	6999

Any public office may adopt a policy and procedures that it	7000
will follow in transmitting, within a reasonable period of time	7001
after receiving a request, copies of public records by United	7002
States mail or by any other means of delivery or transmission	7003
pursuant to this division. A public office that adopts a policy	7004
and procedures under this division shall comply with them in	7005
performing its duties under this division.	7006

In any policy and procedures adopted under this division, a	7007
public office may limit the number of records requested by a	7008
person that the office will transmit by United States mail to ten	7009
per month, unless the person certifies to the office in writing	7010
that the person does not intend to use or forward the requested	7011
records, or the information contained in them, for commercial	7012
purposes. For purposes of this division, "commercial" shall be	7013
narrowly construed and does not include reporting or gathering	7014
news, reporting or gathering information to assist citizen	7015
oversight or understanding of the operation or activities of	7016
government, or nonprofit educational research.	7017

(8) A public office or person responsible for public records	7018
is not required to permit a person who is incarcerated pursuant to	7019
a criminal conviction or a juvenile adjudication to inspect or to	7020
obtain a copy of any public record concerning a criminal	7021
investigation or prosecution or concerning what would be a	7022
criminal investigation or prosecution if the subject of the	7023
investigation or prosecution were an adult, unless the request to	7024
inspect or to obtain a copy of the record is for the purpose of	7025
acquiring information that is subject to release as a public	7026
record under this section and the judge who imposed the sentence	7027
or made the adjudication with respect to the person, or the	7028
judge's successor in office, finds that the information sought in	7029
the public record is necessary to support what appears to be a	7030
justiciable claim of the person.	7031

(9)(a) Upon written request made and signed by a journalist	7032
on or after December 16, 1999, a public office, or person	7033
responsible for public records, having custody of the records of	7034
the agency employing a specified peace officer, parole officer,	7035
probation officer, bailiff, prosecuting attorney, assistant	7036
prosecuting attorney, correctional employee, community-based	7037
correctional facility employee, youth services employee,	7038
firefighter, EMT, or investigator of the bureau of criminal	7039
identification and investigation shall disclose to the journalist	7040
the address of the actual personal residence of the peace officer,	7041
parole officer, probation officer, bailiff, prosecuting attorney,	7042
assistant prosecuting attorney, correctional employee,	7043
community-based correctional facility employee, youth services	7044
employee, firefighter, EMT, or investigator of the bureau of	7045
criminal identification and investigation and, if the peace	7046
officer's, parole officer's, probation officer's, bailiff's,	7047
prosecuting attorney's, assistant prosecuting attorney's,	7048
correctional employee's, community-based correctional facility	7049
employee's, youth services employee's, firefighter's, EMT's, or	7050
investigator of the bureau of criminal identification and	7051
investigation's spouse, former spouse, or child is employed by a	7052
public office, the name and address of the employer of the peace	7053
officer's, parole officer's, probation officer's, bailiff's,	7054
prosecuting attorney's, assistant prosecuting attorney's,	7055
correctional employee's, community-based correctional facility	7056
employee's, youth services employee's, firefighter's, EMT's, or	7057
investigator of the bureau of criminal identification and	7058
investigation's spouse, former spouse, or child. The request shall	7059
include the journalist's name and title and the name and address	7060
of the journalist's employer and shall state that disclosure of	7061
the information sought would be in the public interest.	7062

(b) Division (B)(9)(a) of this section also applies to	7063
journalist requests for customer information maintained by a	7064
municipally owned or operated public utility, other than social	7065
security numbers and any private financial information such as	7066
credit reports, payment methods, credit card numbers, and bank	7067
account information.	7068

(c) As used in division (B)(9) of this section, "journalist"	7069
means a person engaged in, connected with, or employed by any news	7070
medium, including a newspaper, magazine, press association, news	7071
agency, or wire service, a radio or television station, or a	7072
similar medium, for the purpose of gathering, processing,	7073
transmitting, compiling, editing, or disseminating information for	7074
the general public.	7075

(C)(1) If a person allegedly is aggrieved by the failure of a	7076
public office or the person responsible for public records to	7077
promptly prepare a public record and to make it available to the	7078
person for inspection in accordance with division (B) of this	7079
section or by any other failure of a public office or the person	7080
responsible for public records to comply with an obligation in	7081
accordance with division (B) of this section, the person allegedly	7082
aggrieved may commence a mandamus action to obtain a judgment that	7083
orders the public office or the person responsible for the public	7084
record to comply with division (B) of this section, that awards	7085
court costs and reasonable attorney's fees to the person that	7086
instituted the mandamus action, and, if applicable, that includes	7087
an order fixing statutory damages under division (C)(1) of this	7088
section. The mandamus action may be commenced in the court of	7089
common pleas of the county in which division (B) of this section	7090
allegedly was not complied with, in the supreme court pursuant to	7091
its original jurisdiction under Section 2 of Article IV, Ohio	7092
Constitution, or in the court of appeals for the appellate	7093
district in which division (B) of this section allegedly was not	7094
complied with pursuant to its original jurisdiction under Section	7095
3 of Article IV, Ohio Constitution.	7096

If a requestor transmits a written request by hand delivery	7097
or certified mail to inspect or receive copies of any public	7098
record in a manner that fairly describes the public record or	7099
class of public records to the public office or person responsible	7100
for the requested public records, except as otherwise provided in	7101
this section, the requestor shall be entitled to recover the	7102
amount of statutory damages set forth in this division if a court	7103
determines that the public office or the person responsible for	7104
public records failed to comply with an obligation in accordance	7105
with division (B) of this section.	7106

The amount of statutory damages shall be fixed at one hundred	7107
dollars for each business day during which the public office or	7108
person responsible for the requested public records failed to	7109
comply with an obligation in accordance with division (B) of this	7110
section, beginning with the day on which the requester files a	7111
mandamus action to recover statutory damages, up to a maximum of	7112
one thousand dollars. The award of statutory damages shall not be	7113
construed as a penalty, but as compensation for injury arising	7114
from lost use of the requested information. The existence of this	7115
injury shall be conclusively presumed. The award of statutory	7116
damages shall be in addition to all other remedies authorized by	7117
this section.	7118

The court may reduce an award of statutory damages or not	7119
award statutory damages if the court determines both of the	7120
following:	7121

(a) That, based on the ordinary application of statutory law	7122
and case law as it existed at the time of the conduct or	7123
threatened conduct of the public office or person responsible for	7124
the requested public records that allegedly constitutes a failure	7125
to comply with an obligation in accordance with division (B) of	7126
this section and that was the basis of the mandamus action, a	7127
well-informed public office or person responsible for the	7128
requested public records reasonably would believe that the conduct	7129
or threatened conduct of the public office or person responsible	7130
for the requested public records did not constitute a failure to	7131
comply with an obligation in accordance with division (B) of this	7132
section;	7133

(b) That a well-informed public office or person responsible	7134
for the requested public records reasonably would believe that the	7135
conduct or threatened conduct of the public office or person	7136
responsible for the requested public records would serve the	7137
public policy that underlies the authority that is asserted as	7138
permitting that conduct or threatened conduct.	7139

(2)(a) If the court issues a writ of mandamus that orders the	7140
public office or the person responsible for the public record to	7141
comply with division (B) of this section and determines that the	7142
circumstances described in division (C)(1) of this section exist,	7143
the court shall determine and award to the relator all court	7144
costs.	7145

(b) If the court renders a judgment that orders the public	7146
office or the person responsible for the public record to comply	7147
with division (B) of this section, the court may award reasonable	7148
attorney's fees subject to reduction as described in division	7149
(C)(2)(c) of this section. The court shall award reasonable	7150
attorney's fees, subject to reduction as described in division	7151
(C)(2)(c) of this section when either of the following applies:	7152

(i) The public office or the person responsible for the	7153
public records failed to respond affirmatively or negatively to	7154
the public records request in accordance with the time allowed	7155
under division (B) of this section.	7156

(ii) The public office or the person responsible for the	7157
public records promised to permit the relator to inspect or	7158
receive copies of the public records requested within a specified	7159
period of time but failed to fulfill that promise within that	7160
specified period of time.	7161

(c) Court costs and reasonable attorney's fees awarded under	7162
this section shall be construed as remedial and not punitive.	7163
Reasonable attorney's fees shall include reasonable fees incurred	7164
to produce proof of the reasonableness and amount of the fees and	7165
to otherwise litigate entitlement to the fees. The court may	7166
reduce an award of attorney's fees to the relator or not award	7167
attorney's fees to the relator if the court determines both of the	7168
following:	7169

(i) That, based on the ordinary application of statutory law	7170
and case law as it existed at the time of the conduct or	7171
threatened conduct of the public office or person responsible for	7172
the requested public records that allegedly constitutes a failure	7173
to comply with an obligation in accordance with division (B) of	7174
this section and that was the basis of the mandamus action, a	7175
well-informed public office or person responsible for the	7176
requested public records reasonably would believe that the conduct	7177
or threatened conduct of the public office or person responsible	7178
for the requested public records did not constitute a failure to	7179
comply with an obligation in accordance with division (B) of this	7180
section;	7181

(ii) That a well-informed public office or person responsible	7182
for the requested public records reasonably would believe that the	7183
conduct or threatened conduct of the public office or person	7184
responsible for the requested public records as described in	7185
division (C)(2)(c)(i) of this section would serve the public	7186
policy that underlies the authority that is asserted as permitting	7187
that conduct or threatened conduct.	7188

(D) Chapter 1347. of the Revised Code does not limit the	7189
provisions of this section.	7190

(E)(1) To ensure that all employees of public offices are	7191
appropriately educated about a public office's obligations under	7192
division (B) of this section, all elected officials or their	7193
appropriate designees shall attend training approved by the	7194
attorney general as provided in section 109.43 of the Revised	7195
Code. In addition, all public offices shall adopt a public records	7196
policy in compliance with this section for responding to public	7197
records requests. In adopting a public records policy under this	7198
division, a public office may obtain guidance from the model	7199
public records policy developed and provided to the public office	7200
by the attorney general under section 109.43 of the Revised Code.	7201
Except as otherwise provided in this section, the policy may not	7202
limit the number of public records that the public office will	7203
make available to a single person, may not limit the number of	7204
public records that it will make available during a fixed period	7205
of time, and may not establish a fixed period of time before it	7206
will respond to a request for inspection or copying of public	7207
records, unless that period is less than eight hours.	7208

(2) The public office shall distribute the public records	7209
policy adopted by the public office under division (E)(1) of this	7210
section to the employee of the public office who is the records	7211
custodian or records manager or otherwise has custody of the	7212
records of that office. The public office shall require that	7213
employee to acknowledge receipt of the copy of the public records	7214
policy. The public office shall create a poster that describes its	7215
public records policy and shall post the poster in a conspicuous	7216
place in the public office and in all locations where the public	7217
office has branch offices. The public office may post its public	7218
records policy on the internet web site of the public office if	7219
the public office maintains an internet web site. A public office	7220
that has established a manual or handbook of its general policies	7221
and procedures for all employees of the public office shall	7222
include the public records policy of the public office in the	7223
manual or handbook.	7224

(F)(1) The bureau of motor vehicles may adopt rules pursuant	7225
to Chapter 119. of the Revised Code to reasonably limit the number	7226
of bulk commercial special extraction requests made by a person	7227
for the same records or for updated records during a calendar	7228
year. The rules may include provisions for charges to be made for	7229
bulk commercial special extraction requests for the actual cost of	7230
the bureau, plus special extraction costs, plus ten per cent. The	7231
bureau may charge for expenses for redacting information, the	7232
release of which is prohibited by law.	7233

(2) As used in division (F)(1) of this section:

7234

(a) "Actual cost" means the cost of depleted supplies,	7235
records storage media costs, actual mailing and alternative	7236
delivery costs, or other transmitting costs, and any direct	7237
equipment operating and maintenance costs, including actual costs	7238
paid to private contractors for copying services.	7239

(b) "Bulk commercial special extraction request" means a	7240
request for copies of a record for information in a format other	7241
than the format already available, or information that cannot be	7242
extracted without examination of all items in a records series,	7243
class of records, or data base by a person who intends to use or	7244
forward the copies for surveys, marketing, solicitation, or resale	7245
for commercial purposes. "Bulk commercial special extraction	7246
request" does not include a request by a person who gives	7247
assurance to the bureau that the person making the request does	7248
not intend to use or forward the requested copies for surveys,	7249
marketing, solicitation, or resale for commercial purposes.	7250

(c) "Commercial" means profit-seeking production, buying, or	7251
selling of any good, service, or other product.	7252

(d) "Special extraction costs" means the cost of the time	7253
spent by the lowest paid employee competent to perform the task,	7254
the actual amount paid to outside private contractors employed by	7255
the bureau, or the actual cost incurred to create computer	7256
programs to make the special extraction. "Special extraction	7257
costs" include any charges paid to a public agency for computer or	7258
records services.	7259

(3) For purposes of divisions (F)(1) and (2) of this section,	7260
"surveys, marketing, solicitation, or resale for commercial	7261
purposes" shall be narrowly construed and does not include	7262
reporting or gathering news, reporting or gathering information to	7263
assist citizen oversight or understanding of the operation or	7264
activities of government, or nonprofit educational research.	7265

Sec. 151.01. (A) As used in sections 151.01 to 151.11 and	7266
151.40 of the Revised Code and in the applicable bond proceedings	7267
unless otherwise provided:	7268

(1) "Bond proceedings" means the resolutions, orders,	7269
agreements, and credit enhancement facilities, and amendments and	7270
supplements to them, or any one or more or combination of them,	7271
authorizing, awarding, or providing for the terms and conditions	7272
applicable to or providing for the security or liquidity of, the	7273
particular obligations, and the provisions contained in those	7274
obligations.	7275

(2) "Bond service fund" means the respective bond service	7276
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07,	7277
151.08, 151.09, 151.10, 151.11, or 151.40 of the Revised Code, and	7278
any accounts in that fund, including all moneys and investments,	7279
and earnings from investments, credited and to be credited to that	7280
fund and accounts as and to the extent provided in the applicable	7281
bond proceedings.	7282

(3) "Capital facilities" means capital facilities or projects	7283
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,	7284
151.08, 151.09, 151.10, 151.11, or 151.40 of the Revised Code.	7285

(4) "Costs of capital facilities" means the costs of	7286
acquiring, constructing, reconstructing, rehabilitating,	7287
remodeling, renovating, enlarging, improving, equipping, or	7288
furnishing capital facilities, and of the financing of those	7289
costs. "Costs of capital facilities" includes, without limitation,	7290
and in addition to costs referred to in section 151.03, 151.04,	7291
151.05, 151.06, 151.07, 151.08, 151.09, 151.10, 151.11, or 151.40	7292
of the Revised Code, the cost of clearance and preparation of the	7293
site and of any land to be used in connection with capital	7294
facilities, the cost of any indemnity and surety bonds and	7295
premiums on insurance, all related direct administrative expenses	7296
and allocable portions of direct costs of the issuing authority,	7297
costs of engineering and architectural services, designs, plans,	7298
specifications, surveys, and estimates of cost, financing costs,	7299
interest on obligations, including but not limited to, interest	7300
from ~~their~~the date of their issuance to the time when interest is	7301
to be paid from sources other than proceeds of obligations,	7302
amounts necessary to establish any reserves as required by the	7303
bond proceedings, the reimbursement of all moneys advanced or	7304
applied by or borrowed from any person or governmental agency or	7305
entity for the payment of any item of costs of capital facilities,	7306
and all other expenses necessary or incident to planning or	7307
determining feasibility or practicability with respect to capital	7308
facilities, and such other expenses as may be necessary or	7309
incident to the acquisition, construction, reconstruction,	7310
rehabilitation, remodeling, renovation, enlargement, improvement,	7311
equipment, and furnishing of capital facilities, the financing of	7312
those costs, and the placing of the capital facilities in use and	7313
operation, including any one, part of, or combination of those	7314
classes of costs and expenses. For purposes of sections 122.085 to	7315
122.0820 of the Revised Code, "costs of capital facilities"	7316
includes "allowable costs" as defined in section 122.085 of the	7317
Revised Code.	7318

(5) "Credit enhancement facilities," "financing costs," and	7319
"interest" or "interest equivalent" have the same meanings as in	7320
section 133.01 of the Revised Code.	7321

(6) "Debt service" means principal, including any mandatory	7322
sinking fund or redemption requirements for retirement of	7323
obligations, interest and other accreted amounts, interest	7324
equivalent, and any redemption premium, payable on obligations. If	7325
not prohibited by the applicable bond proceedings, debt service	7326
may include costs relating to credit enhancement facilities that	7327
are related to and represent, or are intended to provide a source	7328
of payment of or limitation on, other debt service.	7329

(7) "Issuing authority" means the Ohio public facilities	7330
commission created in section 151.02 of the Revised Code for	7331
obligations issued under section 151.03, 151.04, 151.05, 151.07,	7332
151.08, 151.09, 151.10, or 151.11 of the Revised Code, or the	7333
treasurer of state, or the officer who by law performs the	7334
functions of that office, for obligations issued under section	7335
151.06 or 151.40 of the Revised Code.	7336

(8) "Net proceeds" means amounts received from the sale of	7337
obligations, excluding amounts used to refund or retire	7338
outstanding obligations, amounts required to be deposited into	7339
special funds pursuant to the applicable bond proceedings, and	7340
amounts to be used to pay financing costs.	7341

(9) "Obligations" means bonds, notes, or other evidences of	7342
obligation of the state, including any appertaining interest	7343
coupons, issued under Section 2k, 2l, 2m, 2n, 2o, 2p, 2q, or 15 of	7344
Article VIII, Ohio Constitution, and pursuant to sections 151.01	7345
to 151.11 or 151.40 of the Revised Code or other general assembly	7346
authorization.	7347

(10) "Principal amount" means the aggregate of the amount as	7348
stated or provided for in the applicable bond proceedings as the	7349
amount on which interest or interest equivalent on particular	7350
obligations is initially calculated. Principal amount does not	7351
include any premium paid to the state by the initial purchaser of	7352
the obligations. "Principal amount" of a capital appreciation	7353
bond, as defined in division (C) of section 3334.01 of the Revised	7354
Code, means its face amount, and "principal amount" of a zero	7355
coupon bond, as defined in division (J) of section 3334.01 of the	7356
Revised Code, means the discounted offering price at which the	7357
bond is initially sold to the public, disregarding any purchase	7358
price discount to the original purchaser, if provided for pursuant	7359
to the bond proceedings.	7360

(11) "Special funds" or "funds," unless the context indicates	7361
otherwise, means the bond service fund, and any other funds,	7362
including any reserve funds, created under the bond proceedings	7363
and stated to be special funds in those proceedings, including	7364
moneys and investments, and earnings from investments, credited	7365
and to be credited to the particular fund. Special funds do not	7366
include the school building program assistance fund created by	7367
section 3318.25 of the Revised Code, the higher education	7368
improvement fund created by division (F) of section 154.21 of the	7369
Revised Code, the higher education improvement taxable fund	7370
created by division (G) of section 154.21 of the Revised Code, the	7371
highway capital improvement bond fund created by section 5528.53	7372
of the Revised Code, the state parks and natural resources fund	7373
created by section 1557.02 of the Revised Code, the coal research	7374
and development fund created by section 1555.15 of the Revised	7375
Code, the clean Ohio conservation fund created by section 164.27	7376
of the Revised Code, the clean Ohio revitalization fund created by	7377
section 122.658 of the Revised Code, the job ready site	7378
development fund created by section 122.0820 of the Revised Code,	7379
the third frontier research and development fund created by	7380
section 184.19 of the Revised Code, the third frontier research	7381
and development taxable bond fund created by section 184.191 of	7382
the Revised Code, or other funds created by the bond proceedings	7383
that are not stated by those proceedings to be special funds.	7384

(B) Subject to Section 2l, 2m, 2n, 2o, 2p, 2q, or 15, and	7385
Section 17, of Article VIII, Ohio Constitution, the state, by the	7386
issuing authority, is authorized to issue and sell, as provided in	7387
sections 151.03 to 151.11 or 151.40 of the Revised Code, and in	7388
respective aggregate principal amounts as from time to time	7389
provided or authorized by the general assembly, general	7390
obligations of this state for the purpose of paying costs of	7391
capital facilities or projects identified by or pursuant to	7392
general assembly action.	7393

(C) Each issue of obligations shall be authorized by	7394
resolution or order of the issuing authority. The bond proceedings	7395
shall provide for or authorize the manner for determining the	7396
principal amount or maximum principal amount of obligations of an	7397
issue, the principal maturity or maturities, the interest rate or	7398
rates, the date of and the dates of payment of interest on the	7399
obligations, their denominations, and the place or places of	7400
payment of debt service which may be within or outside the state.	7401
Unless otherwise provided by law, the latest principal maturity	7402
may not be later than the earlier of the thirty-first day of	7403
December of the twenty-fifth calendar year after the year of	7404
issuance of the particular obligations or of the twenty-fifth	7405
calendar year after the year in which the original obligation to	7406
pay was issued or entered into. Sections 9.96, 9.98, 9.981, 9.982,	7407
and 9.983 of the Revised Code apply to obligations. The purpose of	7408
the obligations may be stated in the bond proceedings in general	7409
terms, such as, as applicable, "financing or assisting in the	7410
financing of projects as provided in Section 2l of Article VIII,	7411
Ohio Constitution," "financing or assisting in the financing of	7412
highway capital improvement projects as provided in Section 2m of	7413
Article VIII, Ohio Constitution," "paying costs of capital	7414
facilities for a system of common schools throughout the state as	7415
authorized by Section 2n of Article VIII, Ohio Constitution,"	7416
"paying costs of capital facilities for state-supported and	7417
state-assisted institutions of higher education as authorized by	7418
Section 2n of Article VIII, Ohio Constitution," "paying costs of	7419
coal research and development as authorized by Section 15 of	7420
Article VIII, Ohio Constitution," "financing or assisting in the	7421
financing of local subdivision capital improvement projects as	7422
authorized by Section 2m of Article VIII, Ohio Constitution,"	7423
"paying costs of conservation projects as authorized by Sections	7424
2o and 2q of Article VIII, Ohio Constitution," "paying costs of	7425
revitalization projects as authorized by Sections 2o and 2q of	7426
Article VIII, Ohio Constitution," "paying costs of preparing sites	7427
for industry, commerce, distribution, or research and development	7428
as authorized by Section 2p of Article VIII, Ohio Constitution,"	7429
or "paying costs of research and development as authorized by	7430
Section 2p of Article VIII, Ohio Constitution."	7431

(D) The issuing authority may appoint or provide for the	7432
appointment of paying agents, bond registrars, securities	7433
depositories, clearing corporations, and transfer agents, and may	7434
without need for any other approval retain or contract for the	7435
services of underwriters, investment bankers, financial advisers,	7436
accounting experts, marketing, remarketing, indexing, and	7437
administrative agents, other consultants, and independent	7438
contractors, including printing services, as are necessary in the	7439
judgment of the issuing authority to carry out the issuing	7440
authority's functions under this chapter. When the issuing	7441
authority is the Ohio public facilities commission, the issuing	7442
authority also may without need for any other approval retain or	7443
contract for the services of attorneys and other professionals for	7444
that purpose. Financing costs are payable, as may be provided in	7445
the bond proceedings, from the proceeds of the obligations, from	7446
special funds, or from other moneys available for the purpose.	7447

(E) The bond proceedings may contain additional provisions	7448
customary or appropriate to the financing or to the obligations or	7449
to particular obligations including, but not limited to,	7450
provisions for:	7451

(1) The redemption of obligations prior to maturity at the	7452
option of the state or of the holder or upon the occurrence of	7453
certain conditions, and at particular price or prices and under	7454
particular terms and conditions;	7455

(2) The form of and other terms of the obligations;

7456

(3) The establishment, deposit, investment, and application	7457
of special funds, and the safeguarding of moneys on hand or on	7458
deposit, in lieu of the applicability of provisions of Chapter	7459
131. or 135. of the Revised Code, but subject to any special	7460
provisions of sections 151.01 to 151.11 or 151.40 of the Revised	7461
Code with respect to the application of particular funds or	7462
moneys. Any financial institution that acts as a depository of any	7463
moneys in special funds or other funds under the bond proceedings	7464
may furnish indemnifying bonds or pledge securities as required by	7465
the issuing authority.	7466

(4) Any or every provision of the bond proceedings being	7467
binding upon the issuing authority and upon such governmental	7468
agency or entity, officer, board, commission, authority, agency,	7469
department, institution, district, or other person or body as may	7470
from time to time be authorized to take actions as may be	7471
necessary to perform all or any part of the duty required by the	7472
provision;	7473

(5) The maintenance of each pledge or instrument comprising	7474
part of the bond proceedings until the state has fully paid or	7475
provided for the payment of the debt service on the obligations or	7476
met other stated conditions;	7477

(6) In the event of default in any payments required to be	7478
made by the bond proceedings, or by any other agreement of the	7479
issuing authority made as part of a contract under which the	7480
obligations were issued or secured, including a credit enhancement	7481
facility, the enforcement of those payments by mandamus, a suit in	7482
equity, an action at law, or any combination of those remedial	7483
actions;	7484

(7) The rights and remedies of the holders or owners of	7485
obligations or of book-entry interests in them, and of third	7486
parties under any credit enhancement facility, and provisions for	7487
protecting and enforcing those rights and remedies, including	7488
limitations on rights of individual holders or owners;	7489

(8) The replacement of mutilated, destroyed, lost, or stolen	7490
obligations;	7491

(9) The funding, refunding, or advance refunding, or other	7492
provision for payment, of obligations that will then no longer be	7493
outstanding for purposes of this section or of the applicable bond	7494
proceedings;	7495

(10) Amendment of the bond proceedings;

7496

(11) Any other or additional agreements with the owners of	7497
obligations, and such other provisions as the issuing authority	7498
determines, including limitations, conditions, or qualifications,	7499
relating to any of the foregoing.	7500

(F) The great seal of the state or a facsimile of it may be	7501
affixed to or printed on the obligations. The obligations	7502
requiring execution by or for the issuing authority shall be	7503
signed as provided in the bond proceedings. Any obligations may be	7504
signed by the individual who on the date of execution is the	7505
authorized signer although on the date of these obligations that	7506
individual is not an authorized signer. In case the individual	7507
whose signature or facsimile signature appears on any obligation	7508
ceases to be an authorized signer before delivery of the	7509
obligation, that signature or facsimile is nevertheless valid and	7510
sufficient for all purposes as if that individual had remained the	7511
authorized signer until delivery.	7512

(G) Obligations are investment securities under Chapter 1308.	7513
of the Revised Code. Obligations may be issued in bearer or in	7514
registered form, registrable as to principal alone or as to both	7515
principal and interest, or both, or in certificated or	7516
uncertificated form, as the issuing authority determines.	7517
Provision may be made for the exchange, conversion, or transfer of	7518
obligations and for reasonable charges for registration, exchange,	7519
conversion, and transfer. Pending preparation of final	7520
obligations, the issuing authority may provide for the issuance of	7521
interim instruments to be exchanged for the final obligations.	7522

(H) Obligations may be sold at public sale or at private	7523
sale, in such manner, and at such price at, above or below par,	7524
all as determined by and provided by the issuing authority in the	7525
bond proceedings.	7526

(I) Except to the extent that rights are restricted by the	7527
bond proceedings, any owner of obligations or provider of a credit	7528
enhancement facility may by any suitable form of legal proceedings	7529
protect and enforce any rights relating to obligations or that	7530
facility under the laws of this state or granted by the bond	7531
proceedings. Those rights include the right to compel the	7532
performance of all applicable duties of the issuing authority and	7533
the state. Each duty of the issuing authority and that authority's	7534
officers, staff, and employees, and of each state entity or	7535
agency, or using district or using institution, and its officers,	7536
members, staff, or employees, undertaken pursuant to the bond	7537
proceedings, is hereby established as a duty of the entity or	7538
individual having authority to perform that duty, specifically	7539
enjoined by law and resulting from an office, trust, or station	7540
within the meaning of section 2731.01 of the Revised Code. The	7541
individuals who are from time to time the issuing authority,	7542
members or officers of the issuing authority, or those members'	7543
designees acting pursuant to section 151.02 of the Revised Code,	7544
or the issuing authority's officers, staff, or employees, are not	7545
liable in their personal capacities on any obligations or	7546
otherwise under the bond proceedings.	7547

(J)(1) Subject to Section 2k, 2l, 2m, 2n, 2o, 2p, 2q, or 15,	7548
and Section 17, of Article VIII, Ohio Constitution and sections	7549
151.01 to 151.11 or 151.40 of the Revised Code, the issuing	7550
authority may, in addition to the authority referred to in	7551
division (B) of this section, authorize and provide for the	7552
issuance of:	7553

(a) Obligations in the form of bond anticipation notes, and	7554
may provide for the renewal of those notes from time to time by	7555
the issuance of new notes. The holders of notes or appertaining	7556
interest coupons have the right to have debt service on those	7557
notes paid solely from the moneys and special funds that are or	7558
may be pledged to that payment, including the proceeds of bonds or	7559
renewal notes or both, as the issuing authority provides in the	7560
bond proceedings authorizing the notes. Notes may be additionally	7561
secured by covenants of the issuing authority to the effect that	7562
the issuing authority and the state will do all things necessary	7563
for the issuance of bonds or renewal notes in such principal	7564
amount and upon such terms as may be necessary to provide moneys	7565
to pay when due the debt service on the notes, and apply their	7566
proceeds to the extent necessary, to make full and timely payment	7567
of debt service on the notes as provided in the applicable bond	7568
proceedings. In the bond proceedings authorizing the issuance of	7569
bond anticipation notes the issuing authority shall set forth for	7570
the bonds anticipated an estimated schedule of annual principal	7571
payments the latest of which shall be no later than provided in	7572
division (C) of this section. While the notes are outstanding	7573
there shall be deposited, as shall be provided in the bond	7574
proceedings for those notes, from the sources authorized for	7575
payment of debt service on the bonds, amounts sufficient to pay	7576
the principal of the bonds anticipated as set forth in that	7577
estimated schedule during the time the notes are outstanding,	7578
which amounts shall be used solely to pay the principal of those	7579
notes or of the bonds anticipated.	7580

(b) Obligations for the refunding, including funding and	7581
retirement, and advance refunding with or without payment or	7582
redemption prior to maturity, of any obligations previously	7583
issued. Refunding obligations may be issued in amounts sufficient	7584
to pay or to provide for repayment of the principal amount,	7585
including principal amounts maturing prior to the redemption of	7586
the remaining prior obligations, any redemption premium, and	7587
interest accrued or to accrue to the maturity or redemption date	7588
or dates, payable on the prior obligations, and related financing	7589
costs and any expenses incurred or to be incurred in connection	7590
with that issuance and refunding. Subject to the applicable bond	7591
proceedings, the portion of the proceeds of the sale of refunding	7592
obligations issued under division (J)(1)(b) of this section to be	7593
applied to debt service on the prior obligations shall be credited	7594
to an appropriate separate account in the bond service fund and	7595
held in trust for the purpose by the issuing authority or by a	7596
corporate trustee. Obligations authorized under this division	7597
shall be considered to be issued for those purposes for which the	7598
prior obligations were issued.	7599

(2) Except as otherwise provided in sections 151.01 to 151.11	7600
or 151.40 of the Revised Code, bonds or notes authorized pursuant	7601
to division (J) of this section are subject to the provisions of	7602
those sections pertaining to obligations generally.	7603

(3) The principal amount of refunding or renewal obligations	7604
issued pursuant to division (J) of this section shall be in	7605
addition to the amount authorized by the general assembly as	7606
referred to in division (B) of the following sections: section	7607
151.03, 151.04, 151.05, 151.06, 151.07, 151.08, 151.09, 151.10,	7608
151.11, or 151.40 of the Revised Code.	7609

(K) Obligations are lawful investments for banks, savings and	7610
loan associations, credit union share guaranty corporations, trust	7611
companies, trustees, fiduciaries, insurance companies, including	7612
domestic for life and domestic not for life, trustees or other	7613
officers having charge of sinking and bond retirement or other	7614
special funds of the state and political subdivisions and taxing	7615
districts of this state, the sinking fund, the administrator of	7616
workers' compensation subject to the approval of the workers'	7617
compensation board, the state teachers retirement system, the	7618
public employees retirement system, the school employees	7619
retirement system, and the Ohio police and fire pension fund,	7620
notwithstanding any other provisions of the Revised Code or rules	7621
adopted pursuant to those provisions by any state agency with	7622
respect to investments by them, and are also acceptable as	7623
security for the repayment of the deposit of public moneys. The	7624
exemptions from taxation in Ohio as provided for in particular	7625
sections of the Ohio Constitution and section 5709.76 of the	7626
Revised Code apply to the obligations.	7627

(L)(1) Unless otherwise provided or provided for in any	7628
applicable bond proceedings, moneys to the credit of or in a	7629
special fund shall be disbursed on the order of the issuing	7630
authority. No such order is required for the payment, from the	7631
bond service fund or other special fund, when due of debt service	7632
or required payments under credit enhancement facilities.	7633

(2) Payments received by the state under interest rate hedges	7634
entered into as credit enhancement facilities under this chapter	7635
shall be deposited to the credit of the bond service fund for the	7636
obligations to which those credit enhancement facilities relate.	7637

(M) The full faith and credit, revenue, and taxing power of	7638
the state are and shall be pledged to the timely payment of debt	7639
service on outstanding obligations as it comes due, all in	7640
accordance with Section 2k, 2l, 2m, 2n, 2o, 2p, 2q, or 15 of	7641
Article VIII, Ohio Constitution, and section 151.03, 151.04,	7642
151.05, 151.06, 151.07, 151.08, 151.09, 151.10, or 151.11 of the	7643
Revised Code. Moneys referred to in Section 5a of Article XII,	7644
Ohio Constitution, may not be pledged or used for the payment of	7645
debt service except on obligations referred to in section 151.06	7646
of the Revised Code. Net state lottery proceeds, as provided for	7647
and referred to in section 3770.06 of the Revised Code, may not be	7648
pledged or used for the payment of debt service except on	7649
obligations referred to in section 151.03 of the Revised Code. The	7650
state covenants, and that covenant shall be controlling	7651
notwithstanding any other provision of law, that the state and the	7652
applicable officers and agencies of the state, including the	7653
general assembly, shall, so long as any obligations are	7654
outstanding in accordance with their terms, maintain statutory	7655
authority for and cause to be levied, collected and applied	7656
sufficient pledged excises, taxes, and revenues of the state so	7657
that the revenues shall be sufficient in amounts to pay debt	7658
service when due, to establish and maintain any reserves and other	7659
requirements, and to pay financing costs, including costs of or	7660
relating to credit enhancement facilities, all as provided for in	7661
the bond proceedings. Those excises, taxes, and revenues are and	7662
shall be deemed to be levied and collected, in addition to the	7663
purposes otherwise provided for by law, to provide for the payment	7664
of debt service and financing costs in accordance with sections	7665
151.01 to 151.11 of the Revised Code and the bond proceedings.	7666

(N) The general assembly may from time to time repeal or	7667
reduce any excise, tax, or other source of revenue pledged to the	7668
payment of the debt service pursuant to Section 2k, 2l, 2m, 2n,	7669
2o, 2p, 2q, or 15 of Article VIII, Ohio Constitution, and sections	7670
151.01 to 151.11 or 151.40 of the Revised Code, and may levy,	7671
collect and apply any new or increased excise, tax, or revenue to	7672
meet the pledge, to the payment of debt service on outstanding	7673
obligations, of the state's full faith and credit, revenue and	7674
taxing power, or of designated revenues and receipts, except fees,	7675
excises or taxes referred to in Section 5a of Article XII, Ohio	7676
Constitution, for other than obligations referred to in section	7677
151.06 of the Revised Code and except net state lottery proceeds	7678
for other than obligations referred to in section 151.03 of the	7679
Revised Code. Nothing in division (N) of this section authorizes	7680
any impairment of the obligation of this state to levy and collect	7681
sufficient excises, taxes, and revenues to pay debt service on	7682
obligations outstanding in accordance with their terms.	7683

(O) Each bond service fund is a trust fund and is hereby	7684
pledged to the payment of debt service on the applicable	7685
obligations. Payment of that debt service shall be made or	7686
provided for by the issuing authority in accordance with the bond	7687
proceedings without necessity for any act of appropriation. The	7688
bond proceedings may provide for the establishment of separate	7689
accounts in the bond service fund and for the application of those	7690
accounts only to debt service on specific obligations, and for	7691
other accounts in the bond service fund within the general	7692
purposes of that fund.	7693

(P) Subject to the bond proceedings pertaining to any	7694
obligations then outstanding in accordance with their terms, the	7695
issuing authority may in the bond proceedings pledge all, or such	7696
portion as the issuing authority determines, of the moneys in the	7697
bond service fund to the payment of debt service on particular	7698
obligations, and for the establishment and maintenance of any	7699
reserves for payment of particular debt service.	7700

(Q) The issuing authority shall by the fifteenth day of July	7701
of each fiscal year, certify or cause to be certified to the	7702
office of budget and management the total amount of moneys	7703
required during the current fiscal year to meet in full all debt	7704
service on the respective obligations and any related financing	7705
costs payable from the applicable bond service fund and not from	7706
the proceeds of refunding or renewal obligations. The issuing	7707
authority shall make or cause to be made supplemental	7708
certifications to the office of budget and management for each	7709
debt service payment date and at such other times during each	7710
fiscal year as may be provided in the bond proceedings or	7711
requested by that office. Debt service, costs of credit	7712
enhancement facilities, and other financing costs shall be set	7713
forth separately in each certification. If and so long as the	7714
moneys to the credit of the bond service fund, together with any	7715
other moneys available for the purpose, are insufficient to meet	7716
in full all payments when due of the amount required as stated in	7717
the certificate or otherwise, the office of budget and management	7718
shall at the times as provided in the bond proceedings, and	7719
consistent with any particular provisions in sections 151.03 to	7720
151.11 and 151.40 of the Revised Code, transfer a sufficient	7721
amount to the bond service fund from the pledged revenues in the	7722
case of obligations issued pursuant to section 151.40 of the	7723
Revised Code, and in the case of other obligations from the	7724
revenues derived from excises, taxes, and other revenues,	7725
including net state lottery proceeds in the case of obligations	7726
referred to in section 151.03 of the Revised Code.	7727

(R) Unless otherwise provided in any applicable bond	7728
proceedings, moneys to the credit of special funds may be invested	7729
by or on behalf of the state only in one or more of the following:	7730

(1) Notes, bonds, or other direct obligations of the United	7731
States or of any agency or instrumentality of the United States,	7732
or in no-front-end-load money market mutual funds consisting	7733
exclusively of those obligations, or in repurchase agreements,	7734
including those issued by any fiduciary, secured by those	7735
obligations, or in collective investment funds consisting	7736
exclusively of those obligations;	7737

(2) Obligations of this state or any political subdivision of	7738
this state;	7739

(3) Certificates of deposit of any national bank located in	7740
this state and any bank, as defined in section 1101.01 of the	7741
Revised Code, subject to inspection by the superintendent of	7742
financial institutions;	7743

(4) The treasurer of state's pooled investment program under	7744
section 135.45 of the Revised Code.	7745

The income from investments referred to in division (R) of	7746
this section shall, unless otherwise provided in sections 151.01	7747
to 151.11 or 151.40 of the Revised Code, be credited to special	7748
funds or otherwise as the issuing authority determines in the bond	7749
proceedings. Those investments may be sold or exchanged at times	7750
as the issuing authority determines, provides for, or authorizes.	7751

(S) The treasurer of state shall have responsibility for	7752
keeping records, making reports, and making payments, relating to	7753
any arbitrage rebate requirements under the applicable bond	7754
proceedings.	7755

Sec. 152.18. Whenever the Ohio building authority	7756
constructs, reconstructs, rehabilitates, remodels, renovates,	7757
enlarges, improves, alters, maintains, equips, furnishes, repairs,	7758
paints, or decorates capital facilities pursuant to section	7759
152.19, 152.21, or 152.31 of the Revised Code or buildings,	7760
facilities, and other properties for use and occupancy of persons	7761
pursuant to section 152.04 of the Revised Code, the authority	7762
shall make the necessary plans and specifications, and shall	7763
advertise for bids for all work to be placed under contract once a	7764
week for two consecutive weeks in a newspaper of general	7765
circulation in the county within which the work is to be done, and	7766
shall award the contract to the lowest responsive and responsible	7767
bidder in accordance with section 9.312 of the Revised Code. When	7768
the authority determines, subject to approval by the controlling	7769
board, that a real and present emergency exists or if the cost of	7770
such a contract does not exceed fifty thousand dollars, such a	7771
contract may be awarded without advertising and receipt of bids. A	7772
bid guaranty pursuant to sections 153.54 to 153.571 of the Revised	7773
Code shall be required for any contract under this section.	7774

In all other cases of capital facilities financed by the	7775
authority, the construction, reconstruction, ~~rehabilitation,~~	7776
~~remodeling, renovation,~~ enlargement, improvement, alteration,	7777
~~maintenance, equipping, furnishing,~~ repair, painting, or	7778
decoration of capital facilities by or for the state or any	7779
governmental entity shall be the responsibility of the ~~department~~	7780
~~of administrative services~~Ohio facilities construction commission	7781
or, with the consent of the ~~department of administrative services~~	7782
Ohio facilities construction commission, shall be the	7783
responsibility of the state agency using the capital facility, or	7784
the governmental entity with which a state agency is participating	7785
pursuant to section 152.33 of the Revised Code, and shall be	7786
undertaken by the ~~department~~commission in compliance with Chapter	7787
153. of the Revised Code, or by such state agency or governmental	7788
entity in accordance with otherwise applicable law. The	7789
rehabilitation, remodeling, renovation, maintenance, equipping, or	7790
furnishing of capital facilities by or for the state or any	7791
governmental entity shall be the responsibility of the department	7792
of administrative services or, with the consent of the department,	7793
the state agency or other governmental entity that is using the	7794
capital facility.	7795

Sec. 152.24. (A) Except as otherwise provided with respect	7796
to leasing of capital facilities in sections 152.241, 152.242,	7797
152.31, and 152.33 of the Revised Code, the department of	7798
administrative services or, with the consent of the department of	7799
administrative services, the state agency using an office facility	7800
and related storage and parking facilities, or participating in	7801
such facilities pursuant to section 152.33 of the Revised Code,	7802
shall lease any office facility and related storage and parking	7803
facility acquired, purchased, constructed, reconstructed,	7804
rehabilitated, remodeled, renovated, enlarged, improved, altered,	7805
operated, maintained, equipped, furnished, repaired, painted,	7806
decorated, or financed by the Ohio building authority for housing	7807
any state agencies. An agreement between the authority and the	7808
department of administrative services or such using or	7809
participating agency may provide for the transfer of the property	7810
to the state after bonds and notes issued by the authority for the	7811
purpose of the acquisition, purchase, construction,	7812
reconstruction, rehabilitation, remodeling, renovation,	7813
enlargement, improvement, alteration, equipping, furnishing,	7814
repair, painting, decorating, or financing of such building or	7815
facility have been repaid. A lease between the authority and the	7816
department of administrative services or a using or participating	7817
agency shall be for a period not exceeding the then current	7818
two-year period for which appropriations have been made by the	7819
general assembly to the department of administrative services and	7820
the state agencies which will occupy or participate in the office	7821
facility and related storage and parking facility being leased,	7822
and such lease may contain such other terms as the department of	7823
administrative services, or a using or participating agency, and	7824
the authority agree notwithstanding any other provision of law,	7825
including provision that rental payments in amounts at least	7826
sufficient to pay bond service charges payable during the current	7827
two-year lease term shall be an absolute and unconditional	7828
obligation of the department of administrative services, or the	7829
using or participating agency, independent of all other duties	7830
under the lease without setoff or deduction or any other similar	7831
rights or defenses. Such an agreement may provide for renewal of a	7832
lease at the end of each term for another term, not exceeding two	7833
years, provided that no renewal shall be effective until the	7834
effective date of an appropriation enacted by the general assembly	7835
from which the department of administrative services, or the using	7836
or participating agency, may lawfully pay rentals under such	7837
lease. For purposes of this section, the term "lease" may include,	7838
without limitation, any agreement between the department of	7839
administrative services, or the using or participating agency, and	7840
the authority with respect to any costs of capital facilities to	7841
be incurred prior to land acquisition.	7842

(B) If the director of administrative services or the	7843
director of a state agency using or participating in an office	7844
facility and related storage and parking facility certifies that	7845
space in such facility acquired, purchased, constructed,	7846
reconstructed, rehabilitated, remodeled, renovated, enlarged,	7847
improved, altered, operated, maintained, equipped, furnished,	7848
repaired, painted, decorated, or financed by the authority has	7849
become unnecessary for state use, the authority may lease any	7850
excess space in such facility and related storage and parking	7851
facility to any governmental entity.	7852

(C) If space in any office facility leased by the authority	7853
to the department of administrative services is not immediately	7854
necessary for state use, the department of administrative services	7855
may exercise its authority under division (A)~~(9)~~(5) of section	7856
123.01 of the Revised Code with respect to such space.	7857

(D) Capital facilities acquired, purchased, constructed,	7858
reconstructed, rehabilitated, remodeled, renovated, enlarged,	7859
improved, altered, operated, maintained, equipped, furnished,	7860
repaired, painted, decorated, or financed by the Ohio building	7861
authority, other than any office facility and related storage and	7862
parking facility required to be leased pursuant to division (A) of	7863
this section, shall be leased to the department of administrative	7864
services, the state agency using the capital facilities, or the	7865
state agency participating in the capital facilities pursuant to	7866
section 152.33 of the Revised Code. The department of	7867
administrative services or the using or participating state agency	7868
may sublease such capital facilities to other state agencies or	7869
other governmental entities. Such parties, including other state	7870
agencies or state-supported or state-assisted institutions of	7871
higher education, may make other agreements for the use,	7872
construction, or operation of such capital facilities in any	7873
manner permitted by the lease or agreement with the authority and	7874
for the charging, collection, and deposit of such revenues and	7875
receipts of the using or participating state agency constituting	7876
available receipts, all upon such terms and conditions as the	7877
parties may agree upon and pursuant to this chapter	7878
notwithstanding other provisions of law affecting the leasing,	7879
acquisition, operation, or disposition of capital facilities by	7880
such parties. Any such lease between the authority and the	7881
department of administrative services or a using or participating	7882
state agency shall be for a period not to exceed the then current	7883
two-year period for which appropriations have been made by the	7884
general assembly to the department of administrative services or	7885
such using or participating state agency. The lease between the	7886
authority and the department of administrative services or the	7887
using or participating state agency may provide for renewal of the	7888
lease at the end of each term for another term, not exceeding two	7889
years, but no renewal shall be effective until the effective date	7890
of an appropriation enacted by the general assembly from which the	7891
department of administrative services or the using or	7892
participating state agency may lawfully pay rentals under such	7893
lease. Any such leases, subleases, or agreements may set forth the	7894
responsibilities of the authority, state agencies,	7895
state-supported, or state-assisted institutions of higher	7896
education, or other governmental entities as to the financing,	7897
assessment, planning, acquisition, purchase, construction,	7898
reconstruction, rehabilitation, remodeling, renovation,	7899
enlargement, improvement, alteration, subleasing, management,	7900
operation, maintenance, equipping, furnishing, repair, painting,	7901
decorating, and insuring of such capital facilities and other	7902
terms and conditions applicable thereto, and any other provisions	7903
mutually agreed upon for the purposes of this chapter. Promptly	7904
upon execution thereof, a signed or conformed copy of each such	7905
lease or sublease or agreement, and any supplement thereto,	7906
between the authority and a governmental entity shall be filed by	7907
the authority with the department of administrative services and	7908
the director of budget and management, and, promptly upon	7909
execution thereof, a signed or conformed copy of each such	7910
sublease or agreement between two governmental entities, not	7911
including the authority, shall be filed with the authority and the	7912
director of budget and management. For purposes of this section,	7913
the term "lease" may include, without limitation, any agreement	7914
between the department of administrative services or the state	7915
agency using or participating in such capital facilities and the	7916
authority with respect to any costs of capital facilities to be	7917
incurred prior to land acquisition.	7918

(E) The transfer of tangible personal property by lease under	7919
authority of this chapter is not a sale as used in Chapter 5739.	7920
of the Revised Code. Any agreement of a governmental entity to	7921
make rental, use, or other payments or payment of purchase price,	7922
in installments or otherwise, or repayments to or on account of	7923
the authority and the obligations issued by the authority, shall	7924
not be deemed to constitute indebtedness, bonded or otherwise, or	7925
bonds, notes, or other evidence of indebtedness of such	7926
governmental entity for the purpose of Chapter 133. of the Revised	7927
Code or any other purpose; such leases and agreements requiring	7928
payments beyond the current fiscal year are continuing contracts	7929
for the purposes of sections 5705.41 and 5705.44 of the Revised	7930
Code.	7931

(F) Any agreement between the department of administrative	7932
services or the state agency using or participating in such	7933
capital facilities and the authority that includes provision for	7934
the use of space by such using or participating state agency or	7935
the department of administrative services, even if executed prior	7936
to land acquisition or completion of construction, improvements,	7937
or financing, shall be a lease for purposes of this chapter and	7938
for all other purposes. No such lease need be recorded or	7939
recordable for purposes of determining its validity or legal	7940
sufficiency.	7941

Sec. 153.01. (A) Whenever any building or structure for the	7942
use of the state or any institution supported in whole or in part	7943
by the state or in or upon the public works of the state that is	7944
administered by the ~~director of administrative services~~Ohio	7945
facilities construction commission or by any other state officer	7946
or state agency authorized by law to administer a project,	7947
including an educational institution listed in section 3345.50 of	7948
the Revised Code, is to be erected or constructed, whenever	7949
additions, alterations, or structural or other improvements are to	7950
be made, or whenever heating, cooling, or ventilating plants or	7951
other equipment is to be installed or material supplied therefor,	7952
the estimated cost of which amounts to two hundred thousand	7953
dollars or more, or the amount determined pursuant to section	7954
153.53 of the Revised Code or more, each officer, board, or other	7955
authority upon which devolves the duty of constructing, erecting,	7956
altering, or installing the same, referred to in sections 153.01	7957
to 153.60 of the Revised Code as the public authority, shall cause	7958
to be made, by an architect or engineer whose contract of	7959
employment shall be prepared and approved by the attorney general,	7960
the following:	7961

(1) Full and accurate plans, suitable for the use of	7962
mechanics and other builders in the construction, improvement,	7963
addition, alteration, or installation;	7964

(2) Details to scale and full-sized, so drawn and represented	7965
as to be easily understood;	7966

(3) Definite and complete specifications of the work to be	7967
performed, together with directions that will enable a competent	7968
mechanic or other builder to carry them out and afford bidders all	7969
needful information;	7970

(4) A full and accurate estimate of each item of expense and	7971
the aggregate cost of those items of expense;	7972

(5) A life-cycle cost analysis;

7973

(6) Further data as may be required by the ~~department of~~	7974
~~administrative services~~Ohio facilities construction commission.	7975

(B) Division (A) of this section shall not be required with	7976
respect to a construction management contract entered into with a	7977
construction manager at risk as described in section 9.334 of the	7978
Revised Code or a design-build contract entered into with a	7979
design-build firm as described in section 153.693 of the Revised	7980
Code. No such construction management contract or design-build	7981
contract shall be entered into until the contract and bond, if	7982
any, are submitted to the attorney general and the attorney	7983
general's approval certified thereon.	7984

Sec. 153.011. (A) Except as provided in division (D) of this	7985
section, whenever any building or structure, including highway	7986
improvements, in whole or in part supported by state capital	7987
funds, including moneys from the education facilities trust fund,	7988
is to be erected or constructed, or whenever additions,	7989
alterations, or structural or other improvements are to be made,	7990
if any steel products are to be purchased for or provided in the	7991
construction, repair, or improvement project, only steel products	7992
as defined in division (F) of this section shall be purchased for	7993
or provided in the project.	7994

(B)(1) No person shall purchase or provide steel products in	7995
violation of division (A) of this section.	7996

(2) Notwithstanding division (B) of section 153.99 of the	7997
Revised Code, no person who purchases steel products in violation	7998
of division (A) of this section shall be held liable in a civil	7999
action commenced under division (C) of this section, or pay a	8000
civil penalty under division (B) of section 153.99 of the Revised	8001
Code, if that person can demonstrate the person's compliance with	8002
division (E) of this section.	8003

(C) Whenever the executive director of ~~administrative~~	8004
~~services~~the Ohio facilities construction commission has	8005
reasonable cause to believe that any person has purchased or	8006
provided steel products in violation of division (A) of this	8007
section, the executive director shall conduct an investigation to	8008
determine whether the person has purchased or provided or is	8009
purchasing or providing steel products in violation of division	8010
(A) of this section. Upon conducting the investigation, if the	8011
executive director finds that the person has purchased or provided	8012
or is purchasing or providing steel products in violation of	8013
division (A) of this section, the executive director shall request	8014
the attorney general to commence a civil action under this section	8015
against the person for violating division (A) of this section. The	8016
remedy provided in this section is concurrent with any other	8017
remedy provided in this chapter, and the existence or exercise of	8018
one remedy does not prevent the exercise of any other. Upon	8019
collection of the civil penalty under division (B) of section	8020
153.99 of the Revised Code, pursuant to an action authorized under	8021
this section, the attorney general shall pay the money collected	8022
to the treasurer of the board of education of the city, local, or	8023
exempted village school district and joint vocational school	8024
district, if one exists, in which the construction, repair, or	8025
improvement project for which the steel products used in violation	8026
of division (A) of this section is located. The treasurer shall	8027
deposit the civil penalty in equal amounts into the school	8028
district's general fund and the joint vocational school district's	8029
general fund. If a joint vocational school district does not exist	8030
where the violation occurred, then the entire sum of the civil	8031
penalty shall be deposited into the school district's general	8032
fund.	8033

(D) Pursuant to section 5525.21 of the Revised Code, the	8034
director of transportation may authorize the purchase or provision	8035
or both of a minimal amount of foreign steel products for use in	8036
contracts for public bridge projects.	8037

The executive director of ~~administrative services~~the Ohio	8038
facilities construction commission may waive the requirements of	8039
division (A) of this section if the executive director determines	8040
that either division (A) or (B) of section 5525.21 of the Revised	8041
Code is true in connection with a public bridge project. The	8042
executive director shall issue this determination in writing.	8043

(E) The following notice shall be included in boldface type	8044
and capital letters in all bid notifications and specifications	8045
between all parties to any contract authorized under Chapter 153.	8046
of the Revised Code or subject to this section and section 153.99	8047
of the Revised Code: "Domestic steel use requirements as specified	8048
in section 153.011 of the Revised Code apply to this project.	8049
Copies of section 153.011 of the Revised Code can be obtained from	8050
~~any of~~ the ~~offices~~office of the ~~department of administrative~~	8051
~~services~~Ohio facilities construction commission."	8052

(F) As used in this section:

8053

(1) "Steel products" means products rolled, formed, shaped,	8054
drawn, extruded, forged, cast, fabricated or otherwise similarly	8055
processed, or processed by a combination of two or more of such	8056
operations, and used for load-bearing structural purposes, from	8057
steel made in the United States by the open hearth, basic oxygen,	8058
electric furnace, bessemer or other steel making process.	8059

(2) "United States" means the United States of America and	8060
includes all territory, continental or insular, subject to the	8061
jurisdiction of the United States.	8062

Sec. 153.013. If a project for the construction, alteration,	8063
or other improvement of a building or structure is administered by	8064
the executive director of ~~administrative services~~the Ohio	8065
facilities construction commission or by another state agency	8066
authorized to administer a project under this chapter, if the	8067
project is located in a municipal corporation with a population of	8068
at least four hundred thousand that is in a county with a	8069
population of at least one million two hundred thousand, and if a	8070
political subdivision contributes at least one hundred thousand	8071
dollars to the project, then a contractor for the project shall	8072
comply with regulations or ordinances of the political subdivision	8073
that are in effect before July 1, 2009, and that specifically	8074
relate to the employment of residents and local businesses of the	8075
political subdivision in the performance of the work of the	8076
project, and such ordinances or regulations shall be included by	8077
reference unambiguously in the contract between the administering	8078
state agency and the contractor for the project.	8079

Sec. 153.02. (A) The executive director of ~~administrative~~	8080
~~services, on the director's own initiative or upon request of~~ the	8081
Ohio ~~school~~ facilities construction commission, may debar a	8082
contractor from contract awards for public improvements as	8083
referred to in section 153.01 of the Revised Code or for projects	8084
as defined in section 3318.01 of the Revised Code, upon proof that	8085
the contractor has done any of the following:	8086

(1) Defaulted on a contract requiring the execution of a	8087
takeover agreement as set forth in division (B) of section 153.17	8088
of the Revised Code;	8089

(2) Knowingly failed during the course of a contract to	8090
maintain the coverage required by the bureau of workers'	8091
compensation;	8092

(3) Knowingly failed during the course of a contract to	8093
maintain the contractor's drug-free workplace program as required	8094
by the contract;	8095

(4) Knowingly failed during the course of a contract to	8096
maintain insurance required by the contract or otherwise by law,	8097
resulting in a substantial loss to the owner, as owner is referred	8098
to in section 153.01 of the Revised Code, or to the commission and	8099
school district board, as provided in division (F) of section	8100
3318.08 of the Revised Code;	8101

(5) Misrepresented the firm's qualifications in the selection	8102
process set forth in sections 153.65 to 153.71 or section 3318.10	8103
of the Revised Code;	8104

(6) Been convicted of a criminal offense related to the	8105
application for or performance of any public or private contract,	8106
including, but not limited to, embezzlement, theft, forgery,	8107
bribery, falsification or destruction of records, receiving stolen	8108
property, and any other offense that directly reflects on the	8109
contractor's business integrity;	8110

(7) Been convicted of a criminal offense under state or	8111
federal antitrust laws;	8112

(8) Deliberately or willfully submitted false or misleading	8113
information in connection with the application for or performance	8114
of a public contract;	8115

(9) Been debarred from bidding on or participating in a	8116
contract with any state or federal agency.	8117

(B) When the executive director reasonably believes that	8118
grounds for debarment exist, the executive director shall send the	8119
contractor a notice of proposed debarment indicating the grounds	8120
for the proposed debarment and the procedure for requesting a	8121
hearing on the proposed debarment. The hearing shall be conducted	8122
in accordance with Chapter 119. of the Revised Code. If the	8123
contractor does not respond with a request for a hearing in the	8124
manner specified in Chapter 119. of the Revised Code, the	8125
executive director shall issue the debarment decision without a	8126
hearing and shall notify the contractor of the decision by	8127
certified mail, return receipt requested.	8128

(C) The executive director shall determine the length of the	8129
debarment period and may rescind the debarment at any time upon	8130
notification to the contractor. During the period of debarment,	8131
the contractor is not eligible to bid for or participate in any	8132
contract for a public improvement as referred to in section 153.01	8133
of the Revised Code or for a project as defined in section 3318.01	8134
of the Revised Code. After the debarment period expires, the	8135
contractor shall be eligible to bid for and participate in such	8136
contracts.	8137

(D) The executive director~~, through the office of the state~~	8138
~~architect,~~ shall maintain a list of all contractors currently	8139
debarred under this section. Any governmental entity awarding a	8140
contract for construction of a public improvement or project may	8141
use a contractor's presence on the debarment list to determine	8142
whether a contractor is responsible or best under section 9.312 or	8143
any other section of the Revised Code in the award of a contract.	8144

Sec. 153.04. The plans, details, bills of material,	8145
specifications of work, estimates of cost in detail and in the	8146
aggregate, life-cycle cost analysis, form of bid, bid guaranty,	8147
and other data that may be required shall be prepared on such	8148
material and in such manner and form as are prescribed by the	8149
~~department of administrative services~~Ohio facilities construction	8150
commission. The life-cycle costs shall be a primary consideration	8151
in the selection of a design. The same shall be deposited and	8152
safely kept in the office of the owner as defined in section	8153
153.01 of the Revised Code as the property of the state.	8154

Sec. 153.06. After the proceedings required by sections	8155
153.01 and 153.04 of the Revised Code have been complied with, the	8156
owner referred to in section 153.01 of the Revised Code shall give	8157
public notice of the time and place when and where bids will be	8158
received for performing the labor and furnishing the materials of	8159
such construction, improvement, alteration, addition, or	8160
installation, and a contract awarded, except for materials	8161
manufactured by the state or labor supplied by a county department	8162
of job and family services that may enter into the same. The form	8163
of bid approved by the ~~department of administrative services~~Ohio	8164
facilities construction commission shall be used, and a bid shall	8165
be invalid and not considered unless such form is used without	8166
change, alteration, or addition. Bidders may be permitted to bid	8167
upon all the branches of work and materials to be furnished and	8168
supplied, or upon any thereof, or alternately upon all or any	8169
thereof.	8170

Sec. 153.07. The notice provided for in section 153.06 of	8171
the Revised Code shall be published once each week for three	8172
consecutive weeks in a newspaper of general circulation, or as	8173
provided in section 7.16 of the Revised Code, in the county where	8174
the activity for which bids are submitted is to occur and in such	8175
other newspapers as ordered by the ~~department of administrative~~	8176
~~services~~Ohio facilities construction commission, the last	8177
publication to be at least eight days preceding the day for	8178
opening the bids, and in such form and with such phraseology as	8179
the ~~department~~commission orders. Copies of the plans, details,	8180
estimates of cost, and specifications shall be open to public	8181
inspection at all business hours between the day of the first	8182
publication and the day for opening the bids, at the office of the	8183
~~department~~commission where the bids are received, and such other	8184
place as may be designated in such notice.	8185

Sec. 153.08. On the day and at the place named in the notice	8186
provided for in section 153.06 of the Revised Code, the owner	8187
referred to in section 153.01 of the Revised Code shall open the	8188
bids and shall publicly, with the assistance of the architect or	8189
engineer, immediately proceed to tabulate the bids upon duplicate	8190
sheets. The public bid opening may be broadcast by electronic	8191
means pursuant to rules established by the ~~director of~~	8192
~~administrative services~~Ohio facilities construction commission. A	8193
bid shall be invalid and not considered unless a bid guaranty	8194
meeting the requirements of section 153.54 of the Revised Code and	8195
in the form approved by the ~~department of administrative services~~	8196
commission is filed with such bid. For a bid that is not filed	8197
electronically, the bid and bid guaranty shall be filed in one	8198
sealed envelope. If the bid and bid guaranty are filed	8199
electronically, they must be received electronically before the	8200
deadline published pursuant to section 153.06 of the Revised Code.	8201
For all bids filed electronically, the original, unaltered bid	8202
guaranty shall be made available to the public authority after the	8203
public bid opening. After investigation, which shall be completed	8204
within thirty days, the contract shall be awarded by such owner to	8205
the lowest responsive and responsible bidder in accordance with	8206
section 9.312 of the Revised Code.	8207

No contract shall be entered into until the industrial	8208
commission has certified that the person so awarded the contract	8209
has complied with sections 4123.01 to 4123.94 of the Revised Code,	8210
until, if the bidder so awarded the contract is a foreign	8211
corporation, the secretary of state has certified that such	8212
corporation is authorized to do business in this state, until, if	8213
the bidder so awarded the contract is a person nonresident of this	8214
state, such person has filed with the secretary of state a power	8215
of attorney designating the secretary of state as its agent for	8216
the purpose of accepting service of summons in any action brought	8217
under section 153.05 of the Revised Code or under sections 4123.01	8218
to 4123.94 of the Revised Code, and until the contract and bond,	8219
if any, are submitted to the attorney general and the attorney	8220
general's approval certified thereon.	8221

No contract shall be entered into unless the bidder possesses	8222
a valid certificate of compliance with affirmative action programs	8223
issued pursuant to section 9.47 of the Revised Code and dated no	8224
earlier than one hundred eighty days prior to the date fixed for	8225
the opening of bids for a particular project.	8226

Sec. 153.09. If in the opinion of the owner referred to in	8227
section 153.01 of the Revised Code, the award of a contract to the	8228
lowest responsive and responsible bidder is not in the best	8229
interests of the state, the owner may accept another bid so opened	8230
or reject all bids, and advertise for other bids. Such	8231
advertisement shall be for such time, in such form, and in such	8232
newspaper as the ~~department~~Ohio facilities construction	8233
commission directs. All contracts shall provide that such owner	8234
may make any change in work or materials on the conditions and in	8235
the manner provided in sections 153.10 and 153.11 of the Revised	8236
Code.	8237

Sec. 153.11. Whenever the change referred to in section	8238
153.10 of the Revised Code is approved by the owner as defined in	8239
section 153.01 of the Revised Code, accepted in writing by the	8240
contractor, and filed, the same shall be considered as being a	8241
part of the original contract, and the bond theretofore executed	8242
shall be ~~held~~increased or decreased accordingly to include and	8243
cover the ~~same~~change in the contract.	8244

Sec. 153.12. (A) With respect to award of any contract for	8245
the construction, reconstruction, improvement, enlargement,	8246
alteration, repair, painting, or decoration of a public	8247
improvement made by the state, or any county, township, municipal	8248
corporation, school district, or other political subdivision, or	8249
any public board, commission, authority, instrumentality, or	8250
special purpose district of or in the state or a political	8251
subdivision or that is authorized by state law, the award, and	8252
execution of the contract, shall be made within sixty days after	8253
the date on which the bids are opened. The failure to award and	8254
execute the contract within sixty days invalidates the entire bid	8255
proceedings and all bids submitted, unless the time for awarding	8256
and executing the contract is extended by mutual consent of the	8257
owner or its representatives and the bidder whose bid the owner	8258
accepts and with respect to whom the owner subsequently awards and	8259
executes a contract. The public owners referred to in this section	8260
shall include, in the plans and specifications for the project for	8261
which bids are solicited, the estimate of cost. The bid for which	8262
the award is to be made shall be opened at the time and place	8263
named in the advertisement for bids, unless extended by the owner	8264
or its representative or unless, within seventy-two hours prior to	8265
the published time for the opening of bids, excluding Saturdays,	8266
Sundays, and legal holidays, any modification of the plans or	8267
specifications and estimates of cost for the project for which	8268
bids are solicited is issued and mailed or otherwise furnished to	8269
persons who have obtained plans or specifications for the project,	8270
for which the time for opening of bids shall be extended one week,	8271
with no further advertising of bids required. The contractor, upon	8272
request, is entitled to a notice to proceed with the work by the	8273
owner or its representative upon execution of the contract. No	8274
contract to which this section applies shall be entered into if	8275
the price of the contract, or, if the project involves multiple	8276
contracts where the total price of all contracts for the project,	8277
is in excess of ten per cent above the entire estimate thereof,	8278
nor shall the entire cost of the construction, reconstruction,	8279
repair, painting, decorating, improvement, alteration, addition,	8280
or installation, including changes and estimates of expenses for	8281
architects or engineers, exceed in the aggregate the amount	8282
authorized by law.	8283

The unit or lump sum price stated in the contract shall be	8284
used in determining the amount to be paid and shall constitute	8285
full and final compensation for all the work.	8286

Partial payment to the contractor for work performed under	8287
the lump sum price shall be based on a schedule prepared by the	8288
contractor and approved by the architect or engineer who shall	8289
apportion the lump sum price to the major components entering into	8290
or forming a part of the work under the lump sum price.	8291

Partial payments to the contractor for labor performed under	8292
either a unit or lump sum price contract shall be made at the rate	8293
of ninety-two per cent of the estimates prepared by the contractor	8294
and approved by the architect or engineer. All labor performed	8295
after the job is fifty per cent completed shall be paid for at the	8296
rate of one hundred per cent of the estimates submitted by the	8297
contractor and approved by the architect or engineer.	8298

The amounts and time of payments of any public improvements	8299
contract made by the state or any county, township, municipal	8300
corporation, school district, or other political subdivision, or	8301
any public board, commission, authority, instrumentality, or	8302
special purpose district of or in the state or a political	8303
subdivision or that is authorized by state law, except as provided	8304
in section 5525.19 of the Revised Code, shall be governed by this	8305
section and sections 153.13 and 153.14 of the Revised Code. If the	8306
time for awarding the contract is extended by mutual consent, or	8307
if the owner or its representative fails to issue a timely notice	8308
to proceed as required by this section, the owner or its	8309
representative shall issue a change order authorizing delay costs	8310
to the contractor, which does not invalidate the contract. The	8311
amount of such a change order to the owner shall be determined in	8312
accordance with the provisions of the contract for change orders	8313
or force accounts or, if no such provision is set forth in the	8314
contract, the cost to the owner shall be the contractor's actual	8315
costs including wages, labor costs other than wages, wage taxes,	8316
materials, equipment costs and rentals, insurance, and	8317
subcontracts attributable to the delay, plus a reasonable sum for	8318
overhead. In the event of a dispute between the owner and the	8319
contractor concerning such change order, procedures shall be	8320
commenced under the applicable terms of the contract, or, if the	8321
contract contains no provision for resolving the dispute, it shall	8322
be resolved pursuant to the procedures for arbitration in Chapter	8323
2711. of the Revised Code, except as provided in division (B) of	8324
this section. Nothing in this division shall be construed as a	8325
limitation upon the authority of the director of transportation	8326
granted in Chapter 5525. of the Revised Code.	8327

(B) If a dispute arises between the state and a contractor	8328
concerning the terms of a public improvement contract let by the	8329
state or concerning a breach of the contract, and after	8330
administrative remedies provided for in such contract and any	8331
alternative dispute resolution procedures provided in accordance	8332
with guidelines established by the executive director of	8333
~~administrative services~~the Ohio facilities construction	8334
commission are exhausted, the contractor may bring an action to	8335
the court of claims in accordance with Chapter 2743. of the	8336
Revised Code. The state or the contractor may request the chief	8337
justice of the supreme court to appoint a referee or panel of	8338
referees in accordance with division (C)(3) of section 2743.03 of	8339
the Revised Code. As used in this division, "dispute" means a	8340
disagreement between the state and the contractor concerning a	8341
public improvement contract let by the state.	8342

Sec. 153.14. For the construction of those projects,	8343
improvements, and public buildings over which the ~~director of~~	8344
~~administrative services~~Ohio facilities construction commission	8345
has general supervision pursuant to section ~~123.01~~123.21 of the	8346
Revised Code, the estimates referred to in section 153.13 of the	8347
Revised Code shall be filed with the executive director by the	8348
owner referred to in section 153.01 or 153.12 of the Revised Code.	8349
Upon completion of a project referred to in section 153.13 of the	8350
Revised Code or any divisible part thereof, the maintenance and	8351
repair of such project or divisible part shall be assumed by the	8352
owner referred to in section 153.01 or 153.12 of the Revised Code.	8353

In addition to all other payments on account of work	8354
performed, there shall be allowed by the owner referred to in	8355
section 153.01 or 153.12 of the Revised Code and paid to the	8356
contractor a sum at the rate of ninety-two per cent of the invoice	8357
costs, not to exceed the bid price in a unit price contract, of	8358
material delivered on the site of the work, or a railroad station,	8359
siding, or other point in the vicinity of the work, or other	8360
approved storage site, provided such materials have been inspected	8361
and found to meet the specifications. The balance of such invoiced	8362
value shall be paid when such material is incorporated into and	8363
becomes a part of such building, construction, addition,	8364
improvement, alteration, or installation. When an estimate is	8365
allowed on account of material delivered on the site of the work	8366
or in the vicinity thereof or under the possession and control of	8367
the contractor but not yet incorporated therein, such material	8368
shall become the property of the owner under the contract, but if	8369
such material is stolen, destroyed, or damaged by casualty before	8370
being used, the contractor shall be required to replace it at ~~his~~	8371
the contractor's own expense.	8372

When the rate of work and amounts involved are so large that	8373
it is considered advisable by the owner or contractor, estimates	8374
and payments shall be made twice each month.	8375

Payment on approved estimates filed with the owner or its	8376
representative shall be made within thirty days. Upon the failure	8377
of the owner or its representative to make such payments within	8378
thirty days, or upon an unauthorized withholding of retainage,	8379
there shall be allowed to the contractor, in addition to any other	8380
remedies allowed by law, interest on such moneys not paid within	8381
thirty days. Interest on the unauthorized withholding of retainage	8382
shall be in addition to any interest earned in the escrow account	8383
set forth in section 153.13 of the Revised Code. The rate of such	8384
interest shall be the average of the prime rate established at the	8385
commercial banks in the city of over one hundred thousand	8386
population that is nearest the construction project. Nothing in	8387
this section shall be construed as a limitation upon the authority	8388
of the director of transportation granted in Chapter 5525. of the	8389
Revised Code.	8390

Sec. 153.16. (A) The executive director of ~~administrative~~	8391
~~services~~the Ohio facilities construction commission shall	8392
establish policy and procedure guidelines for contract documents	8393
in conjunction with the administration of public works contracts	8394
that the state or any institution supported in whole or in part by	8395
the state enters into for any project subject to sections 153.01	8396
to 153.11 of the Revised Code.	8397

(B) Notwithstanding any contract provision to the contrary,	8398
any claim submitted under a public works contract that the state	8399
or any institution supported in whole or in part by the state	8400
enters into for any project subject to sections 153.01 to 153.11	8401
of the Revised Code shall be resolved within one hundred twenty	8402
days. After the end of this one hundred twenty-day period, the	8403
contractor shall be deemed to have exhausted all administrative	8404
remedies for purposes of division (B) of section 153.12 of the	8405
Revised Code.	8406

Sec. 153.17. (A) When in the opinion of the owner referred	8407
to in section 153.01 of the Revised Code, the work under any	8408
contract made under any law of the state is neglected by the	8409
contractor or such work is not prosecuted with the diligence and	8410
force specified or intended in the contract, such owner may make	8411
requisition upon the contractor for such additional specific force	8412
or materials to be brought into the work under such contract or to	8413
remove improper materials from the grounds as in their judgment	8414
the contract and its faithful fulfillment requires.	8415

Not less than five days' notice in writing of such action	8416
shall be served upon the contractor or the contractor's agent in	8417
charge of the work. If the contractor fails to comply with such	8418
requisition within fifteen days, such owner with the written	8419
consent of the ~~department of administrative services~~Ohio	8420
facilities construction commission, may employ upon the work the	8421
additional force, or supply the special materials or such part of	8422
either as is considered proper, and may remove improper materials	8423
from the grounds.	8424

(B) When the original contractor has defaulted on a contract	8425
and the surety has declined to take over the project, the owner	8426
may contract with one or more takeover contractors to complete	8427
work that was not finished because of the default of the original	8428
contractor. The owner may enter into a contract with a takeover	8429
contractor without competitive bidding or controlling board	8430
approval. Upon execution of a takeover contract, the owner shall	8431
notify the director of budget and management.	8432

When the owner has taken over a project after a default has	8433
occurred, any moneys that the owner receives from the surety as a	8434
settlement for completion of the project shall be deposited in the	8435
original fund from which the capital appropriation for the project	8436
was made. The executive director, without controlling board	8437
approval, may authorize specified additional uses for the moneys	8438
related to completion of the project and may increase the	8439
appropriation authority in the appropriation line item used to	8440
fund the project by an amount equal to the moneys received from	8441
the surety.	8442

Sec. 153.502. (A) Each construction manager at risk and	8443
design-build firm shall establish criteria by which it will	8444
prequalify prospective bidders on subcontracts awarded for work to	8445
be performed under the construction management or design-build	8446
contract. The criteria established by a construction manager at	8447
risk or design-build firm shall be subject to the approval of the	8448
public authority involved in the project and shall be consistent	8449
with the rules adopted by the ~~department of administrative~~	8450
~~services~~Ohio facilities construction commission pursuant to	8451
section 153.503 of the Revised Code.	8452

(B) For each subcontract to be awarded, the construction	8453
manager at risk or design-build firm shall identify at least three	8454
prospective bidders that are prequalified to bid on that	8455
subcontract, except that the construction manager at risk or	8456
design-build firm shall identify fewer than three if the	8457
construction manager at risk or design-build firm establishes to	8458
the satisfaction of the public authority that fewer than three	8459
prequalified bidders are available. The public authority shall	8460
verify that each prospective bidder meets the prequalification	8461
criteria and may eliminate any bidder it determines is not	8462
qualified.	8463

(C) Once the prospective bidders are prequalified and found	8464
acceptable by the public authority, the construction manager at	8465
risk or design-build firm shall solicit proposals from each of	8466
those bidders. The solicitation and selection of a subcontractor	8467
shall be conducted under an open book pricing method. As used in	8468
this division, "open book pricing method" has the same meaning as	8469
in section 9.33 of the Revised Code, in the case of a construction	8470
manager at risk, and the same meaning as in section 153.65 of the	8471
Revised Code, in the case of a design-build firm.	8472

(D) A construction manager at risk or design-build firm shall	8473
not be required to award a subcontract to a low bidder.	8474

Sec. 153.503. The ~~department of administrative services~~Ohio	8475
facilities construction commission, pursuant to Chapter 119. of	8476
the Revised Code ~~and not later than June 30, 2012~~, shall adopt	8477
rules to do all of the following:	8478

(A) Prescribe the procedures and criteria for determining the	8479
best value selection of a construction manager at risk or	8480
design-build firm;	8481

(B) ~~In consultation with the state architect's office, set~~	8482
Set forth standards to be followed by construction managers at	8483
risk and design-build firms when establishing prequalification	8484
criteria pursuant to section 153.502 of the Revised Code;	8485

(C) Prescribe the form for the contract documents to be used	8486
by a construction manager at risk, design-build firm, or general	8487
contractor when entering into a subcontract;	8488

(D) Prescribe the form for the contract documents to be used	8489
by a public authority when entering into a contract with a	8490
construction manager at risk or design-build firm.	8491

Sec. 153.53. (A) As used in this section, "rate of	8492
inflation" has the same meaning as in section 107.032 of the	8493
Revised Code.	8494

(B) Five years after ~~the effective date of this section~~	8495
September 29, 2011, and every five years thereafter, the executive	8496
director of ~~administrative services~~the Ohio facilities	8497
construction commission shall evaluate the monetary threshold	8498
specified in section 153.01 of the Revised Code and adopt rules	8499
adjusting that amount based on the average rate of inflation	8500
during each of the previous five years immediately preceding such	8501
adjustment.	8502

Sec. 154.01. As used in this chapter:

8503

(A) "Commission" means the Ohio public facilities commission	8504
created in section 151.02 of the Revised Code.	8505

(B) "Obligations" means bonds, notes, or other evidences of	8506
obligation, including interest coupons pertaining thereto, issued	8507
pursuant to Chapter 154. of the Revised Code.	8508

(C) "Bond proceedings" means the order or orders, resolution	8509
or resolutions, trust agreement, indenture, lease, and other	8510
agreements, amendments and supplements to the foregoing, or any	8511
combination thereof, authorizing or providing for the terms and	8512
conditions applicable to, or providing for the security of,	8513
obligations issued pursuant to Chapter 154. of the Revised Code,	8514
and the provisions contained in such obligations.	8515

(D) "State agencies" means the state of Ohio and officers,	8516
boards, commissions, departments, divisions, or other units or	8517
agencies of the state.	8518

(E) "Governmental agency" means state agencies, state	8519
supported and assisted institutions of higher education, municipal	8520
corporations, counties, townships, school districts, and any other	8521
political subdivision or special district in this state	8522
established pursuant to law, and, except where otherwise	8523
indicated, also means the United States or any department,	8524
division, or agency thereof, and any agency, commission, or	8525
authority established pursuant to an interstate compact or	8526
agreement.	8527

(F) "Institutions of higher education" and "state supported	8528
or state assisted institutions of higher education" means the	8529
state universities identified in section 3345.011 of the Revised	8530
Code, the northeast Ohio medical university, state universities or	8531
colleges at any time created, community college districts,	8532
university branch districts, and technical college districts at	8533
any time established or operating under Chapter 3354., 3355., or	8534
3357. of the Revised Code, and other institutions for education,	8535
including technical education, beyond the high school, receiving	8536
state support or assistance for their expenses of operation.	8537

(G) "Governing body" means:

8538

(1) In the case of institutions of higher education, the	8539
board of trustees, board of directors, commission, or other body	8540
vested by law with the general management, conduct, and control of	8541
one or more institutions of higher education;	8542

(2) In the case of a county, the board of county	8543
commissioners or other legislative body; in the case of a	8544
municipal corporation, the council or other legislative body; in	8545
the case of a township, the board of township trustees; in the	8546
case of a school district, the board of education;	8547

(3) In the case of any other governmental agency, the	8548
officer, board, commission, authority or other body having the	8549
general management thereof or having jurisdiction or authority in	8550
the particular circumstances.	8551

(H) "Person" means any person, firm, partnership,	8552
association, or corporation.	8553

(I) "Bond service charges" means principal, including	8554
mandatory sinking fund requirements for retirement of obligations,	8555
and interest, and redemption premium, if any, required to be paid	8556
by the state on obligations. If not prohibited by the applicable	8557
bond proceedings, bond service charges may include costs relating	8558
to credit enhancement facilities that are related to and	8559
represent, or are intended to provide a source of payment of or	8560
limitation on, other bond service charges.	8561

(J) "Capital facilities" means buildings, structures, and	8562
other improvements, and equipment, real estate, and interests in	8563
real estate therefor, within the state, and any one, part of, or	8564
combination of the foregoing, to serve the general purposes for	8565
which the issuing authority is authorized to issue obligations	8566
pursuant to Chapter 154. of the Revised Code, including, but not	8567
limited to, drives, roadways, parking facilities, walks, lighting,	8568
machinery, furnishings, utilities, landscaping, wharves, docks,	8569
piers, reservoirs, dams, tunnels, bridges, retaining walls,	8570
riprap, culverts, ditches, channels, watercourses, retention	8571
basins, standpipes and water storage facilities, waste treatment	8572
and disposal facilities, heating, air conditioning and	8573
communications facilities, inns, lodges, cabins, camping sites,	8574
golf courses, boat and bathing facilities, athletic and	8575
recreational facilities, and site improvements.	8576

(K) "Costs of capital facilities" means the costs of	8577
acquiring, constructing, reconstructing, rehabilitating,	8578
remodeling, renovating, enlarging, improving, equipping, or	8579
furnishing capital facilities, and the financing thereof,	8580
including the cost of clearance and preparation of the site and of	8581
any land to be used in connection with capital facilities, the	8582
cost of any indemnity and surety bonds and premiums on insurance,	8583
all related direct administrative expenses and allocable portions	8584
of direct costs of the commission or issuing authority and	8585
department of administrative services, or other designees of the	8586
commission under section 154.17 of the Revised Code, cost of	8587
engineering and architectural services, designs, plans,	8588
specifications, surveys, and estimates of cost, legal fees, fees	8589
and expenses of trustees, depositories, and paying agents for the	8590
obligations, cost of issuance of the obligations and financing	8591
charges and fees and expenses of financial advisers and	8592
consultants in connection therewith, interest on obligations,	8593
including but not limited to, interest from the date ~~thereof~~of	8594
their issuance to the time when interest is to be covered from	8595
sources other than proceeds of obligations, amounts necessary to	8596
establish reserves as required by the bond proceedings, costs of	8597
audits, the reimbursement of all moneys advanced or applied by or	8598
borrowed from any governmental agency, whether to or by the	8599
commission or others, from whatever source provided, for the	8600
payment of any item or items of cost of the capital facilities,	8601
any share of the cost undertaken by the commission pursuant to	8602
arrangements made with governmental agencies under division (H) of	8603
section 154.06 of the Revised Code, and all other expenses	8604
necessary or incident to planning or determining feasibility or	8605
practicability with respect to capital facilities, and such other	8606
expenses as may be necessary or incident to the acquisition,	8607
construction, reconstruction, rehabilitation, remodeling,	8608
renovation, enlargement, improvement, equipment, and furnishing of	8609
capital facilities, the financing thereof and the placing of the	8610
same in use and operation, including any one, part of, or	8611
combination of such classes of costs and expenses.	8612

(L) "Public service facilities" means inns, lodges, hotels,	8613
cabins, camping sites, scenic trails, picnic sites, restaurants,	8614
commissaries, golf courses, boating and bathing facilities and	8615
other similar facilities in state parks.	8616

(M) "State parks" means:

8617

(1) State reservoirs described and identified in section	8618
1541.06 of the Revised Code;	8619

(2) All lands or interests therein of the state identified as	8620
administered by the division of parks and recreation in the	8621
"inventory of state owned lands administered by the department of	8622
natural resources as of June 1, 1963," as recorded in the journal	8623
of the director, which inventory was prepared by the real estate	8624
section of the department and is supported by maps now on file in	8625
said real estate section;	8626

(3) All lands or interests in lands of the state designated	8627
after June 1, 1963, as state parks in the journal of the director	8628
with the approval of the recreation and resources council.	8629

State parks do not include any lands or interest in lands of	8630
the state administered jointly by two or more divisions of the	8631
department of natural resources. The designation of lands as state	8632
parks under divisions (M)(1) to (3) of this section is conclusive	8633
and such lands shall be under the control of and administered by	8634
the division of parks and recreation. No order or proceeding	8635
designating lands as state parks or park purchase areas is subject	8636
to any appeal or review by any officer, board, commission, or	8637
court.	8638

(N) "Bond service fund" means the applicable fund created for	8639
and pledged to the payment of bond service charges under section	8640
154.20, 154.21, 154.22, or 154.23 of the Revised Code, including	8641
all moneys and investments, and earnings from investments,	8642
credited and to be credited thereto.	8643

(O) "Improvement fund" means the applicable fund created for	8644
the payment of costs of capital facilities under section 154.20,	8645
154.21, 154.22, or 3383.09 of the Revised Code, including all	8646
moneys and investments, and earnings from investments, credited	8647
and to be credited thereto.	8648

(P) "Special funds" or "funds" means, except where the	8649
context does not permit, the bond service funds, the improvements	8650
funds, and any other funds for similar or different purposes	8651
created under bond proceedings, including all moneys and	8652
investments, and earnings from investments, credited and to be	8653
credited thereto.	8654

(Q) "Year" unless the context indicates a different meaning	8655
or intent, means a calendar year beginning on the first day of	8656
January and ending on the thirty-first day of December.	8657

(R) "Fiscal year" means the period of twelve months beginning	8658
on the first day of July and ending on the thirtieth day of June.	8659

(S) "Issuing authority" means the treasurer of state or the	8660
officer or employee who by law performs the functions of that	8661
office.	8662

(T) "Credit enhancement facilities" has the same meaning as	8663
in section 133.01 of the Revised Code.	8664

(U) "Ohio cultural facility" and "Ohio sports facility" have	8665
the same meanings as in section 3383.01 of the Revised Code.	8666

Sec. 166.35. There is hereby created in the state treasury	8667
the economic development support fund. The fund shall consist of	8668
excess money received by the state representing gross profit on	8669
the sale of spirituous liquor that is credited or transferred to	8670
it. Money in the fund shall be used to carry out economic	8671
development activities.	8672

Sec. 167.04. (A) The regional council of governments shall	8673
adopt by-laws, by a majority vote of its members, designating the	8674
officers of the council and the method of their selection,	8675
creating a governing board that may act for the council as	8676
provided in the by-laws, and providing for the conduct of its	8677
business.	8678

(B) The by-laws of the regional council of governments shall	8679
provide for the appointment of a fiscal officer, who may hold any	8680
other office or employment with the council, and who shall	8681
receive, deposit, invest, and disburse the funds of the council in	8682
the manner authorized by the by-laws or action by the council.	8683

(C) The by-laws of a regional council of governments the	8684
members of which include, under sections 167.01 and 167.02 of the	8685
Revised Code, at least eight counties may include a provision	8686
authorizing member attendance and voting at council meetings	8687
either in person or by proxy.	8688

(D)(1) Within ten business days after forming a regional	8689
council of governments, the officers of the council shall notify	8690
the auditor of state of the regional council's formation and shall	8691
provide on a form prescribed by the auditor of state the	8692
information regarding the regional council that the auditor of	8693
state considers necessary.	8694

(2) As used in this division, "business day" means a day of	8695
the week, excluding Saturday, Sunday, or a legal holiday as	8696
defined in section 1.14 of the Revised Code.	8697

Sec. 173.14. As used in sections 173.14 to 173.27 of the	8698
Revised Code:	8699

(A)(1) Except as otherwise provided in division (A)(2) of	8700
this section, "long-term care facility" includes any residential	8701
facility that provides personal care services for more than	8702
twenty-four hours for ~~two~~one or more unrelated adults, including	8703
all of the following:	8704

(a) A "nursing home," "residential care facility," or "home	8705
for the aging" as defined in section 3721.01 of the Revised Code;	8706

(b) A facility authorized to provide extended care services	8707
under Title XVIII of the "Social Security Act," 49 Stat. 620	8708
(1935), 42 U.S.C. 301, as amended, including a long-term acute	8709
care hospital that provides medical and rehabilitative care to	8710
patients who require an average length of stay greater than	8711
twenty-five days and is classified by the centers for medicare and	8712
medicaid services as a long-term care hospital pursuant to 42	8713
C.F.R. 412.23(e);	8714

(c) A county home or district home operated pursuant to	8715
Chapter 5155. of the Revised Code;	8716

(d) ~~An "adult care~~A residential facility~~" as defined in~~	8717
licensed under section ~~5119.70~~5119.22 of the Revised Code that	8718
provides accommodations, supervision, and personal care services	8719
for three to sixteen unrelated adults or accommodations and	8720
personal care services for only one or two adults who are	8721
recipients under the residential state supplement program;	8722

(e) A facility approved by the veterans administration under	8723
section 104(a) of the "Veterans Health Care Amendments of 1983,"	8724
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	8725
the placement and care of veterans;	8726

~~(f) An adult foster home certified under section 5119.692 of~~	8727
~~the Revised Code~~.	8728

(2) "Long-term care facility" does not include ~~a "residential~~	8729
~~facility" as defined in section 5119.22 of the Revised Code or~~ a	8730
"residential facility~~" as defined in~~licensed under section	8731
5123.19 of the Revised Code.	8732

(B) "Resident" means a resident of a long-term care facility	8733
and, where appropriate, includes a prospective, previous, or	8734
deceased resident of a long-term care facility.	8735

(C) "Community-based long-term care services" means health	8736
and social services provided to persons in their own homes or in	8737
community care settings, and includes any of the following:	8738

(1) Case management;

8739

(2) Home health care;

8740

(3) Homemaker services;

8741

(4) Chore services;

8742

(5) Respite care;

8743

(6) Adult day care;

8744

(7) Home-delivered meals;

8745

(8) Personal care;

8746

(9) Physical, occupational, and speech therapy;

8747

(10) Transportation;

8748

(11) Any other health and social services provided to persons	8749
that allow them to retain their independence in their own homes or	8750
in community care settings.	8751

(D) "Recipient" means a recipient of community-based	8752
long-term care services and, where appropriate, includes a	8753
prospective, previous, or deceased recipient of community-based	8754
long-term care services.	8755

(E) "Sponsor" means an adult relative, friend, or guardian	8756
who has an interest in or responsibility for the welfare of a	8757
resident or a recipient.	8758

(F) "Personal care services" has the same meaning as in	8759
section 3721.01 of the Revised Code.	8760

(G) "Regional long-term care ombudsperson program" means an	8761
entity, either public or private and nonprofit, designated as a	8762
regional long-term care ombudsperson program by the state	8763
long-term care ombudsperson.	8764

(H) "Representative of the office of the state long-term care	8765
ombudsperson program" means the state long-term care ombudsperson	8766
or a member of the ombudsperson's staff, or a person certified as	8767
a representative of the office under section 173.21 of the Revised	8768
Code.	8769

(I) "Area agency on aging" means an area agency on aging	8770
established under the "Older Americans Act of 1965," 79 Stat. 219,	8771
42 U.S.C.A. 3001, as amended.	8772

Sec. 173.21. (A) The office of the state long-term care	8773
ombudsperson program, through the state long-term care	8774
ombudsperson and the regional long-term care ombudsperson	8775
programs, shall require each representative of the office to	8776
complete a training and certification program in accordance with	8777
this section and to meet the continuing education requirements	8778
established under this section.	8779

(B) The department of aging shall adopt rules under Chapter	8780
119. of the Revised Code specifying the content of training	8781
programs for representatives of the office of the state long-term	8782
care ombudsperson program. Training for representatives other than	8783
those who are volunteers providing services through regional	8784
long-term care ombudsperson programs shall include instruction	8785
regarding federal, state, and local laws, rules, and policies on	8786
long-term care facilities and community-based long-term care	8787
services; investigative techniques; and other topics considered	8788
relevant by the department and shall consist of the following:	8789

(1) A minimum of forty clock hours of basic instruction,	8790
which shall be completed before the trainee is permitted to handle	8791
complaints without the supervision of a representative of the	8792
office certified under this section;	8793

(2) An additional sixty clock hours of instruction, which	8794
shall be completed within the first fifteen months of employment;	8795

(3) An internship of twenty clock hours, which shall be	8796
completed within the first twenty-four months of employment,	8797
including instruction in, and observation of, basic nursing care	8798
and long-term care provider operations and procedures. The	8799
internship shall be performed at a site that has been approved as	8800
an internship site by the state long-term care ombudsperson.	8801

(4) One of the following, which shall be completed within the	8802
first twenty-four months of employment:	8803

(a) Observation of a survey conducted by the director of	8804
health to certify a facility to receive funds under sections	8805
5111.20 to 5111.32 of the Revised Code;	8806

(b) Observation of an inspection conducted by the director of	8807
mental health to license ~~an adult care~~a residential facility	8808
under section ~~5119.73~~5119.22 of the Revised Code that provides	8809
accommodations, supervision, and personal care services for three	8810
to sixteen unrelated adults.	8811

(5) Any other training considered appropriate by the	8812
department.	8813

(C) Persons who for a period of at least six months prior to	8814
June 11, 1990, served as ombudsmen through the long-term care	8815
ombudsperson program established by the department of aging under	8816
division (M) of section 173.01 of the Revised Code shall not be	8817
required to complete a training program. These persons and persons	8818
who complete a training program shall take an examination	8819
administered by the department of aging. On attainment of a	8820
passing score, the person shall be certified by the department as	8821
a representative of the office. The department shall issue the	8822
person an identification card, which the representative shall show	8823
at the request of any person with whom the representative deals	8824
while performing the representative's duties and which shall be	8825
surrendered at the time the representative separates from the	8826
office.	8827

(D) The state ombudsperson and each regional program shall	8828
conduct training programs for volunteers on their respective	8829
staffs in accordance with the rules of the department of aging	8830
adopted under division (B) of this section. Training programs may	8831
be conducted that train volunteers to complete some, but not all,	8832
of the duties of a representative of the office. Each regional	8833
office shall bear the cost of training its representatives who are	8834
volunteers. On completion of a training program, the	8835
representative shall take an examination administered by the	8836
department of aging. On attainment of a passing score, a volunteer	8837
shall be certified by the department as a representative	8838
authorized to perform services specified in the certification. The	8839
department shall issue an identification card, which the	8840
representative shall show at the request of any person with whom	8841
the representative deals while performing the representative's	8842
duties and which shall be surrendered at the time the	8843
representative separates from the office. Except as a supervised	8844
part of a training program, no volunteer shall perform any duty	8845
unless he is certified as a representative having received	8846
appropriate training for that duty.	8847

(E) The state ombudsperson shall provide technical assistance	8848
to regional programs conducting training programs for volunteers	8849
and shall monitor the training programs.	8850

(F) Prior to scheduling an observation of a certification	8851
survey or licensing inspection for purposes of division (B)(4) of	8852
this section, the state ombudsperson shall obtain permission to	8853
have the survey or inspection observed from both the director of	8854
health and the long-term care facility at which the survey or	8855
inspection is to take place.	8856

(G) The department of aging shall establish continuing	8857
education requirements for representatives of the office.	8858

Sec. 173.23. (A) Representatives of the office of the state	8859
long-term care ombudsperson program are immune from civil or	8860
criminal liability for any action taken in the good faith	8861
performance of their official duties under sections 173.14 to	8862
173.26 of the Revised Code. ~~The department of aging shall ensure~~	8863
~~that adequate legal counsel is available to the office of the~~	8864
~~state long-term care ombudsperson program for advice and~~	8865
~~consultation and that legal representation is provided to any~~	8866
~~representative of the office against whom any legal action is~~	8867
~~brought in connection with the representative's official duties~~	8868
~~under sections 173.14 to 173.26 of the Revised Code.~~	8869

(B) A person acting in good faith is immune from civil or	8870
criminal liability incident to any of the following: providing	8871
information to the office, participating in registration of a	8872
complaint with the office, participating in investigation of a	8873
complaint by the office, or participating in an administrative or	8874
judicial proceeding resulting from a complaint.	8875

(C) No person shall knowingly register a false complaint with	8876
the office, or knowingly swear or affirm the truth of a false	8877
complaint previously registered, when the statement is made with	8878
purpose to incriminate another.	8879

(D) The attorney general shall provide legal counsel to the	8880
office of the state long-term care ombudsperson program and to the	8881
regional long-term care ombudsperson programs. The attorney	8882
general shall represent any representative of the office and any	8883
representative of a regional program against whom any legal action	8884
is brought in connection with the representative's official duties	8885
under sections 173.14 to 173.26 of the Revised Code.	8886

Sec. 173.26. (A) Each of the following facilities shall	8887
annually pay to the department of aging six dollars for each bed	8888
maintained by the facility for use by a resident during any part	8889
of the previous year:	8890

(1) Nursing homes, residential care facilities, and homes for	8891
the aging as defined in section 3721.01 of the Revised Code;	8892

(2) Facilities authorized to provide extended care services	8893
under Title XVIII of the "Social Security Act," 49 Stat. 620	8894
(1935), 42 U.S.C. 301, as amended, including a long-term acute	8895
care hospital that provides medical and rehabilitative care to	8896
patients who require an average length of stay greater than	8897
twenty-five days and is classified by the centers for medicare and	8898
medicaid services as a long-term care hospital pursuant to 42	8899
C.F.R. 412.23(e);	8900

(3) County homes and district homes operated pursuant to	8901
Chapter 5155. of the Revised Code;	8902

(4) ~~Adult care~~Residential facilities ~~as defined in~~licensed	8903
under section ~~5119.70~~5119.22 of the Revised Code that provide	8904
accommodations, supervision, and personal care services for three	8905
to sixteen unrelated adults;	8906

(5) Facilities approved by the Veterans Administration under	8907
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	8908
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	8909
the placement and care of veterans.	8910

The department shall, by rule adopted in accordance with	8911
Chapter 119. of the Revised Code, establish deadlines for payments	8912
required by this section. A facility that fails, within ninety	8913
days after the established deadline, to pay a payment required by	8914
this section shall be assessed at two times the original invoiced	8915
payment.	8916

(B) All money collected under this section shall be deposited	8917
in the state treasury to the credit of the office of the state	8918
long-term care ombudsperson program fund, which is hereby created.	8919
Money credited to the fund shall be used solely to pay the costs	8920
of operating the regional long-term care ombudsperson programs.	8921

(C) The state long-term care ombudsperson and the regional	8922
programs may solicit and receive contributions to support the	8923
operation of the office or a regional program, except that no	8924
contribution shall be solicited or accepted that would interfere	8925
with the independence or objectivity of the office or program.	8926

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

8927

(1) "Applicant" means a person who is under final	8928
consideration for employment with the office of the state	8929
long-term care ombudsperson program in a full-time, part-time, or	8930
temporary position that involves providing ombudsperson services	8931
to residents and recipients. "Applicant" includes~~, but is not~~	8932
~~limited to,~~ a person who is under final consideration for	8933
employment as the state long-term care ombudsperson or the head of	8934
a regional long-term care ombudsperson program. "Applicant" does	8935
not include a person ~~who provides~~seeking to provide ombudsperson	8936
services to residents and recipients as a volunteer without	8937
receiving or expecting to receive any form of remuneration other	8938
than reimbursement for actual expenses.	8939

(2) "Criminal records check" has the same meaning as in	8940
section 109.572 of the Revised Code.	8941

(3) "Disqualifying offense" means any of the offenses listed	8942
or described in divisions (A)(3)(a) to (e) of section 109.572 of	8943
the Revised Code.	8944

(4) "Employee" means a person employed by the office of the	8945
state long-term care ombudsperson program in a full-time,	8946
part-time, or temporary position that involves providing	8947
ombudsperson services to residents and recipients. "Employee"	8948
includes the person employed as the state long-term care	8949
ombudsperson and a person employed as the head of a regional	8950
long-term care ombudsperson program. "Employee" does not include a	8951
person who provides ombudsperson services to residents and	8952
recipients as a volunteer without receiving or expecting to	8953
receive any form of remuneration other than reimbursement for	8954
actual expenses.	8955

(5) "Responsible entity" means the following:

8956

(a) In the case of an applicant who is under final	8957
consideration for employment as the state long-term care	8958
ombudsperson or the person employed as the state long-term care	8959
ombudsperson, the director of aging;	8960

(b) In the case of any other applicant or employee, the state	8961
long-term care ombudsperson or the ombudsperson's designee.	8962

(B) The office of the state long-term care ombudsperson	8963
program may not employ an applicant or continue to employ an	8964
employee in a position that involves providing ombudsperson	8965
services to residents and recipients if any of the following	8966
apply:	8967

(1) A review of the databases listed in division (D) of this	8968
section reveals any of the following:	8969

(a) That the applicant or employee is included in one or more	8970
of the databases listed in divisions (D)(1) to (5) of this	8971
section;	8972

(b) That there is in the state nurse aide registry	8973
established under section 3721.32 of the Revised Code a statement	8974
detailing findings by the director of health that the applicant or	8975
employee neglected or abused a long-term care facility or	8976
residential care facility resident or misappropriated property of	8977
such a resident;	8978

(c) That the applicant or employee is included in one or more	8979
of the databases, if any, specified in rules adopted under this	8980
section and the rules prohibit the office from employing an	8981
applicant or continuing to employ an employee included in such a	8982
database in a position that involves providing ombudsperson	8983
services to residents and recipients.	8984

(2) After the applicant or employee is provided, pursuant to	8985
division (E)(2)(a) of this section, a copy of the form prescribed	8986
pursuant to division (C)(1) of section 109.572 of the Revised Code	8987
and the standard impression sheet prescribed pursuant to division	8988
(C)(2) of that section, the applicant or employee fails to	8989
complete the form or provide the applicant's or employee's	8990
fingerprint impressions on the standard impression sheet.	8991

(3) Except as provided in rules adopted under this section,	8992
the applicant or employee is found by a criminal records check	8993
required by this section to have been convicted of, pleaded guilty	8994
to, or been found eligible for intervention in lieu of conviction	8995
for a disqualifying offense.	8996

(C) The responsible entity shall inform each applicant of	8997
both of the following at the time of the applicant's initial	8998
application for employment in a position that involves providing	8999
ombudsperson services to residents and recipients:	9000

(1) That a review of the databases listed in division (D) of	9001
this section will be conducted to determine whether the office of	9002
the state long-term care ombudsperson program is prohibited by	9003
division (B)(1) of this section from employing the applicant in	9004
the position;	9005

(2) That, unless the database review reveals that the	9006
applicant may not be employed in the position, a criminal records	9007
check of the applicant will be conducted and the applicant is	9008
required to provide a set of the applicant's fingerprint	9009
impressions as part of the criminal records check.	9010

(D) As a condition of any applicant's being employed by the	9011
office of the state long-term care ombudsperson program in a	9012
position that involves providing ombudsperson services to	9013
residents and recipients, the responsible entity shall conduct a	9014
database review of the applicant in accordance with rules adopted	9015
under this section. If rules adopted under this section so	9016
require, the responsible entity shall conduct a database review of	9017
an employee in accordance with the rules as a condition of the	9018
office's continuing to employ the employee in a position that	9019
involves providing ombudsperson services to residents and	9020
recipients. A database review shall determine whether the	9021
applicant or employee is included in any of the following:	9022

(1) The excluded parties list system maintained by the United	9023
States general services administration pursuant to subpart 9.4 of	9024
the federal acquisition regulation;	9025

(2) The list of excluded individuals and entities maintained	9026
by the office of inspector general in the United States department	9027
of health and human services pursuant to section 1128 of the	9028
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	9029
amended, and section 1156 of the "Social Security Act," 96 Stat.	9030
388 (1982), 42 U.S.C. 1320c-5, as amended;	9031

(3) The registry of MR/DD employees established under section	9032
5123.52 of the Revised Code;	9033

(4) The internet-based sex offender and child-victim offender	9034
database established under division (A)(11) of section 2950.13 of	9035
the Revised Code;	9036

(5) The internet-based database of inmates established under	9037
section 5120.66 of the Revised Code;	9038

(6) The state nurse aide registry established under section	9039
3721.32 of the Revised Code;	9040

(7) Any other database, if any, specified in rules adopted	9041
under this section.	9042

(E)(1) ~~The state long-term care ombudsperson or the~~	9043
~~ombudsperson's designee~~As a condition of any applicant's being	9044
employed by the office of the state long-term care ombudsperson	9045
program in a position that involves providing ombudsperson	9046
services to residents and recipients, the responsible entity shall	9047
request that the superintendent of the bureau of criminal	9048
identification and investigation conduct a criminal records check	9049
~~with respect to each~~of the applicant. If rules adopted under this	9050
section so require, the responsible entity shall request that the	9051
superintendent conduct a criminal records check of an employee at	9052
times specified in the rules as a condition of the office's	9053
continuing to employ the employee in a position that involves	9054
providing ombudsperson services to residents and recipients.	9055
However, ~~if the applicant is under final consideration for~~	9056
~~employment as the state long-term care ombudsperson, the director~~	9057
~~of aging shall request that the superintendent conduct the~~	9058
~~criminal records check~~the responsible entity is not required to	9059
request the criminal records check of the applicant or employee if	9060
the office is prohibited by division (B)(1) of this section from	9061
employing the applicant or continuing to employ the employee in a	9062
position that involves providing ombudsperson services to	9063
residents and recipients. If an applicant or employee for whom a	9064
criminal records check request is required ~~under~~by this ~~division~~	9065
section does not present proof of having been a resident of this	9066
state for the five-year period immediately prior to the date the	9067
criminal records check is requested or provide evidence that	9068
within that five-year period the superintendent has requested	9069
information about the applicant or employee from the federal	9070
bureau of investigation in a criminal records check, the	9071
~~ombudsperson, designee, or director~~responsible entity shall	9072
request that the superintendent obtain information from the	9073
federal bureau of investigation as part of the criminal records	9074
check ~~of the applicant~~. Even if an applicant or employee for whom	9075
a criminal records check request is required ~~under~~by this	9076
~~division~~section presents proof of having been a resident of this	9077
state for the five-year period, the ~~ombudsperson, designee, or~~	9078
~~director~~responsible entity may request that the superintendent	9079
include information from the federal bureau of investigation in	9080
the criminal records check.	9081

(2) ~~A person required by division (B)(1) of this section to~~	9082
~~request a criminal records check~~The responsible entity shall do	9083
~~both~~all of the following:	9084

(a) Provide to each applicant and employee for whom a	9085
criminal records check request is required ~~under that division~~by	9086
this section a copy of the form prescribed pursuant to division	9087
(C)(1) of section 109.572 of the Revised Code and a standard	9088
~~fingerprint~~ impression sheet prescribed pursuant to division	9089
(C)(2) of that section~~, and obtain~~;	9090

(b) Obtain the completed form and standard impression sheet	9091
from the applicant or employee;	9092

~~(b)~~(c) Forward the completed form and standard impression	9093
sheet to the superintendent ~~of the bureau of criminal~~	9094
~~identification and investigation~~.	9095

(3) ~~An applicant provided the form and fingerprint impression~~	9096
~~sheet under division (B)(2)(a) of this section who fails to~~	9097
~~complete the form or provide fingerprint impressions shall not be~~	9098
~~employed in any position for which a criminal records check is~~	9099
~~required by this section.~~	9100

~~(C)(1) Except as provided in rules adopted by the director of~~	9101
~~aging in accordance with division (F) of this section and subject~~	9102
~~to division (C)(2) of this section, the office of the state~~	9103
~~long-term care ombudsperson may not employ a person in a position~~	9104
~~that involves providing ombudsperson services to residents and~~	9105
~~recipients if the person has been convicted of or pleaded guilty~~	9106
~~to any of the following:~~	9107

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	9108
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	9109
~~2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,~~	9110
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,~~	9111
~~2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,~~	9112
~~2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,~~	9113
~~2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,~~	9114
~~2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,~~	9115
~~2925.22, 2925.23, or 3716.11 of the Revised Code.~~	9116

~~(b) A violation of an existing or former law of this state,~~	9117
~~any other state, or the United States that is substantially~~	9118
~~equivalent to any of the offenses listed in division (C)(1)(a) of~~	9119
~~this section.~~	9120

~~(2)(a)~~The office of the state long-term care ombudsperson	9121
program shall pay to the bureau of criminal identification and	9122
investigation the fee prescribed pursuant to division (C)(3) of	9123
section 109.572 of the Revised Code for each criminal records	9124
check the responsible entity requests under this section. The	9125
office may charge an applicant a fee not exceeding the amount the	9126
office pays to the bureau under this section if the responsible	9127
entity notifies the applicant at the time of initial application	9128
for employment of the amount of the fee.	9129

(F)(1) The office of the state long-term care ombudsperson	9130
program may employ conditionally an applicant for whom a criminal	9131
records check ~~request~~ is required ~~under division (B) of~~by this	9132
section prior to obtaining the results of athe criminal records	9133
check ~~regarding the individual, provided that the state long-term~~	9134
~~care ombudsperson, ombudsperson's designee, or director of aging~~	9135
~~shall request a~~if the office is not prohibited by division (B)(1)	9136
of this section from employing the applicant in a position that	9137
involves providing ombudsperson services to residents and	9138
recipients and the responsible entity requests the criminal	9139
records check ~~regarding the individual~~ in accordance with division	9140
~~(B)(1)~~(E) of this section not later than five business days after	9141
the ~~individual~~applicant begins conditional employment.	9142

~~(b)~~(2) The office of the state long-term care ombudsperson	9143
program shall terminate the employment of an ~~individual~~applicant	9144
employed conditionally under division ~~(C)(2)(a)~~(F)(1) of this	9145
section if the results of the criminal records check ~~request under~~	9146
~~division (B) of this section~~, other than the results of any	9147
request for information from the federal bureau of investigation,	9148
are not obtained within the period ending sixty days after the	9149
date the request for the criminal records check is made.	9150
Regardless of when the results of the criminal records check are	9151
obtained, if the results indicate that the ~~individual~~applicant	9152
has been convicted of or, pleaded guilty to ~~any of the offenses~~	9153
~~listed or described in division (C)(1) of this section~~, or been	9154
found eligible for intervention in lieu of conviction for a	9155
disqualifying offense, the office shall terminate the ~~individual's~~	9156
applicant's employment unless circumstances specified in rules	9157
adopted under this section that permit the office to employ the	9158
applicant exist and the office chooses to employ the ~~individual~~	9159
~~pursuant to division (F) of this section~~applicant. Termination	9160
of employment under this division shall be considered just cause	9161
for discharge for purposes of division (D)(2) of section 4141.29	9162
of the Revised Code if the ~~individual~~applicant makes any attempt	9163
to deceive the office about the ~~individual's~~applicant's criminal	9164
record.	9165

~~(D)(1) The office of the state long-term care ombudsperson~~	9166
~~program shall pay to the bureau of criminal identification and~~	9167
~~investigation the fee prescribed pursuant to division (C)(3) of~~	9168
~~section 109.572 of the Revised Code for each criminal records~~	9169
~~check conducted pursuant to a request made under division (B) of~~	9170
~~this section.~~	9171

~~(2) The office of the state long-term care ombudsperson~~	9172
~~program may charge an applicant a fee not exceeding the amount the~~	9173
~~office pays under division (D)(1) of this section. The office may~~	9174
~~collect a fee only if the office notifies the applicant at the~~	9175
~~time of initial application for employment of the amount of the~~	9176
~~fee.~~	9177

~~(E)~~(G) The report of any criminal records check conducted	9178
pursuant to a request made under this section is not a public	9179
record for the purposes of section 149.43 of the Revised Code and	9180
shall not be made available to any person other than the	9181
following:	9182

(1) The ~~individual~~applicant or employee who is the subject	9183
of the criminal records check or the ~~individual's~~applicant's or	9184
employee's representative;	9185

(2) The ~~state long-term care ombudsperson, ombudsperson's~~	9186
~~designee, director of aging,~~responsible entity or the	9187
~~ombudsperson, designee, or director's~~responsible entity's	9188
representative;	9189

(3) If the state long-term care ombudsperson designates the	9190
head or other employee of a regional long-term care ombudsperson	9191
program to request a criminal records check under this section, a	9192
representative of the office of the state long-term care	9193
ombudsperson program who is responsible for monitoring the	9194
regional program's compliance with this section;	9195

(4) A court, hearing officer, or other necessary individual	9196
involved in a case dealing with aany of the following:	9197

(a) A denial of employment of the applicant or ~~dealing with~~	9198
~~employment~~employee;	9199

(b) Employment or unemployment benefits of the applicant or	9200
employee;	9201

(c) A civil or criminal action regarding the medicaid program	9202
or a program the department of aging administers.	9203

~~(F) The director of aging shall adopt rules in accordance~~	9204
~~with Chapter 119. of the Revised Code to implement this section.~~	9205
~~The rules shall specify circumstances under which the office of~~	9206
~~the state long-term care ombudsperson program may employ a person~~	9207
~~who has been convicted of or pleaded guilty to an offense listed~~	9208
~~or described in division (C)(1) of this section but meets personal~~	9209
~~character standards set by the director.~~	9210

~~(G) The office of the state long-term care ombudsperson~~	9211
~~program shall inform each person, at the time of initial~~	9212
~~application for a position that involves providing ombudsperson~~	9213
~~services to residents and recipients, that the person is required~~	9214
~~to provide a set of fingerprint impressions and that a criminal~~	9215
~~records check is required to be conducted if the person comes~~	9216
~~under final consideration for employment.~~	9217

(H) In a tort or other civil action for damages that is	9218
brought as the result of an injury, death, or loss to person or	9219
property caused by an ~~individual~~applicant or employee who the	9220
office of the state long-term care ombudsperson program employs in	9221
a position that involves providing ombudsperson services to	9222
residents and recipients, all of the following shall apply:	9223

(1) If the office employed the ~~individual~~applicant or	9224
employee in good faith and reasonable reliance on the report of a	9225
criminal records check requested under this section, the office	9226
shall not be found negligent solely because of its reliance on the	9227
report, even if the information in the report is determined later	9228
to have been incomplete or inaccurate.	9229

(2) If the office employed the ~~individual~~applicant in good	9230
faith on a conditional basis pursuant to division ~~(C)(2)~~(F) of	9231
this section, the office shall not be found negligent solely	9232
because it employed the ~~individual~~applicant prior to receiving	9233
the report of a criminal records check requested under this	9234
section.	9235

(3) If the office in good faith employed the ~~individual~~	9236
applicant or employee according to the personal character	9237
standards established in rules adopted under ~~division (F) of~~ this	9238
section, the office shall not be found negligent solely because	9239
the ~~individual prior to being employed had~~applicant or employee	9240
has been convicted of or, pleaded guilty to ~~an offense listed or~~	9241
~~described in division (C)(1) of this section~~, or been found	9242
eligible for intervention in lieu of conviction for a	9243
disqualifying offense.	9244

(I) The director of aging shall adopt rules in accordance	9245
with Chapter 119. of the Revised Code to implement this section.	9246

(1) The rules may do the following:

9247

(a) Require employees to undergo database reviews and	9248
criminal records checks under this section;	9249

(b) If the rules require employees to undergo database	9250
reviews and criminal records checks under this section, exempt one	9251
or more classes of employees from the requirements;	9252

(c) For the purpose of division (D)(7) of this section,	9253
specify other databases that are to be checked as part of a	9254
database review conducted under this section.	9255

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

9256

(a) The procedures for conducting database reviews under this	9257
section;	9258

(b) If the rules require employees to undergo database	9259
reviews and criminal records checks under this section, the times	9260
at which the database reviews and criminal records checks are to	9261
be conducted;	9262

(c) If the rules specify other databases to be checked as	9263
part of the database reviews, the circumstances under which the	9264
office of the state long-term care ombudsperson program is	9265
prohibited from employing an applicant or continuing to employ an	9266
employee who is found by a database review to be included in one	9267
or more of those databases;	9268

(d) Circumstances under which the office of the state	9269
long-term care ombudsperson program may employ an applicant or	9270
employee who is found by a criminal records check required by this	9271
section to have been convicted of, pleaded guilty to, or been	9272
found eligible for intervention in lieu of conviction for a	9273
disqualifying offense but meets personal character standards.	9274

Sec. 173.391. (A) The department of aging or its designee	9275
shall do all of the following in accordance with Chapter 119. of	9276
the Revised Code:	9277

(1) Certify a person or government entity to provide	9278
community-based long-term care services under a program the	9279
department administers if the person or government entity	9280
satisfies the requirements for certification established by rules	9281
adopted under division (B) of this section and pays the fee, if	9282
any, established by rules adopted under division (G) of this	9283
section;	9284

(2) When required to do so by rules adopted under division	9285
(B) of this section, take one or more of the following	9286
disciplinary actions against a person or government entity	9287
certified under division (A)(1) of this section:	9288

(a) Issue a written warning;

9289

(b) Require the submission of a plan of correction or	9290
evidence of compliance with requirements identified by the	9291
department;	9292

9293

(d) Remove clients;

9294

(e) Impose a fiscal sanction such as a civil monetary penalty	9295
or an order that unearned funds be repaid;	9296

(f) Suspend the certification;

9297

(g) Revoke the certification;

9298

(h) Impose another sanction.

9299

(3) Except as provided in division (E) of this section, hold	9300
hearings when there is a dispute between the department or its	9301
designee and a person or government entity concerning actions the	9302
department or its designee takes regarding a decision not to	9303
certify the person or government entity under division (A)(1) of	9304
this section or a disciplinary action under ~~division~~divisions	9305
(A)(2)(e) to (h) of this section.	9306

(B) The director of aging shall adopt rules in accordance	9307
with Chapter 119. of the Revised Code establishing certification	9308
requirements and standards for determining which type of	9309
disciplinary action to take under division (A)(2) of this section	9310
in individual situations. The rules shall establish procedures for	9311
all of the following:	9312

(1) Ensuring that community-based long-term care agencies	9313
comply with section 173.394 of the Revised Code;	9314

(2) Evaluating the services provided by the agencies to	9315
ensure that the services are provided in a quality manner	9316
advantageous to the individual receiving the services;	9317

(3) Determining when to take disciplinary action under	9318
division (A)(2) of this section and which disciplinary action to	9319
take;	9320

(4) Determining what constitutes another sanction for	9321
purposes of division (A)(2)(h) of this section.	9322

(C) The procedures established in rules adopted under	9323
division (B)(2) of this section shall require that all of the	9324
following be considered as part of an evaluation described in	9325
division (B)(2) of this section:	9326

(1) The community-based long-term care agency's experience	9327
and financial responsibility;	9328

(2) The agency's ability to comply with standards for the	9329
community-based long-term care services that the agency provides	9330
under a program the department administers;	9331

(3) The agency's ability to meet the needs of the individuals	9332
served;	9333

(4) Any other factor the director considers relevant.

9334

(D) The rules adopted under division (B)(3) of this section	9335
shall specify that the reasons disciplinary action may be taken	9336
under division (A)(2) of this section include good cause,	9337
including misfeasance, malfeasance, nonfeasance, confirmed abuse	9338
or neglect, financial irresponsibility, or other conduct the	9339
director determines is injurious, or poses a threat, to the health	9340
or safety of individuals being served.	9341

(E) Subject to division (F) of this section, the department	9342
is not required to hold hearings under division (A)(3) of this	9343
section if any of the following conditions apply:	9344

(1) Rules adopted by the director of aging pursuant to this	9345
chapter require the community-based long-term care agency to be a	9346
party to a provider agreement; hold a license, certificate, or	9347
permit; or maintain a certification, any of which is required or	9348
issued by a state or federal government entity other than the	9349
department of aging, and either of the following is the case:	9350

(a) The provider agreement has not been entered into or the	9351
license, certificate, permit, or certification has not been	9352
obtained or maintained.	9353

(b) The provider agreement, license, certificate, permit, or	9354
certification has been denied, revoked, not renewed, or suspended	9355
or has been otherwise restricted.	9356

(2) The agency's certification under this section has been	9357
denied, suspended, or revoked for any of the following reasons:	9358

(a) A government entity of this state, other than the	9359
department of aging, has terminated or refused to renew any of the	9360
following held by, or has denied any of the following sought by, a	9361
community-based long-term care agency: a provider agreement,	9362
license, certificate, permit, or certification. Division (E)(2)(a)	9363
of this section applies regardless of whether the agency has	9364
entered into a provider agreement in, or holds a license,	9365
certificate, permit, or certification issued by, another state.	9366

(b) The agency or a principal owner or manager of the agency	9367
who provides direct care has entered a guilty plea for, or has	9368
been convicted of, an offense materially related to the medicaid	9369
program.	9370

(c) The agency or a principal owner or manager of the agency	9371
who provides direct care has entered a guilty plea for, or been	9372
convicted of, or been found eligible for intervention in lieu of	9373
conviction for an offense listed or described in ~~division~~	9374
~~(C)(1)(a)~~divisions (A)(3)(a) to (e) of section ~~173.394~~109.572 of	9375
the Revised Code, but only if none of the personal character	9376
standards established by the ~~department~~director in rules	9377
adopted under ~~division (F) of~~ section 173.394 of the Revised Code	9378
apply.	9379

(d) The United States department of health and human services	9380
has taken adverse action against the agency and that action	9381
impacts the agency's participation in the medicaid program.	9382

(e) The agency has failed to enter into or renew a provider	9383
agreement with the PASSPORT administrative agency, as that term is	9384
defined in section 173.42 of the Revised Code, that administers	9385
programs on behalf of the department of aging in the region of the	9386
state in which the agency is certified to provide services.	9387

(f) The agency has not billed or otherwise submitted a claim	9388
to the department for payment under the medicaid program in at	9389
least two years.	9390

(g) The agency denied or failed to provide the department or	9391
its designee access to the agency's facilities during the agency's	9392
normal business hours for purposes of conducting an audit or	9393
structural compliance review.	9394

(h) The agency has ceased doing business.

9395

(i) The agency has voluntarily relinquished its certification	9396
for any reason.	9397

(3) The agency's provider agreement with the department of	9398
job and family services has been suspended under division (C) of	9399
section 5111.031 of the Revised Code.	9400

(4) The agency's provider agreement with the department of	9401
job and family services is denied or revoked because the agency or	9402
its owner, officer, authorized agent, associate, manager, or	9403
employee has been convicted of an offense that caused the provider	9404
agreement to be suspended under section 5111.031 of the Revised	9405
Code.	9406

(F) If the department does not hold hearings when any	9407
condition described in division (E) of this section applies, the	9408
department may send a notice to the agency describing a decision	9409
not to certify the agency under division (A)(1) of this section or	9410
the disciplinary action the department proposes to take under	9411
division (A)(2)(e) to (h) of this section. The notice shall be	9412
sent to the agency's address that is on record with the department	9413
and may be sent by regular mail.	9414

(G) The director of aging may adopt rules in accordance with	9415
Chapter 119. of the Revised Code establishing a fee to be charged	9416
by the department of aging or its designee for certification	9417
issued under this section.	9418

All fees collected by the department or its designee under	9419
this section shall be deposited in the state treasury to the	9420
credit of the provider certification fund, which is hereby	9421
created. Money credited to the fund shall be used to pay for	9422
community-based long-term care services, administrative costs	9423
associated with community-based long-term care agency	9424
certification under this section, and administrative costs related	9425
to the publication of the Ohio long-term care consumer guide.	9426

Sec. 173.394. (A) As used in this section:

9427

~~(1)~~ "Applicant" means a person who is under final	9428
consideration for employment with a community-based long-term care	9429
agency in a full-time, part-time, or temporary position that	9430
involves providing direct care to an individual or is referred to	9431
a community-based long-term care agency by an employment service	9432
for such a position. "Applicant" does not include a person who	9433
provides direct care to an individual as a volunteer without	9434
receiving or expecting to receive any form of remuneration other	9435
than reimbursement for actual expenses.	9436

~~(2)~~ "Criminal records check" has the same meaning as in	9437
section 109.572 of the Revised Code.	9438

"Disqualifying offense" means any of the offenses listed or	9439
described in divisions (A)(3)(a) to (e) of section 109.572 of the	9440
Revised Code.	9441

"Employee" means a person employed by a community-based	9442
long-term care agency in a full-time, part-time, or temporary	9443
position that involves providing direct care to an individual and	9444
a person who works in such a position due to being referred to a	9445
community-based long-term care agency by an employment service.	9446
"Employee" does not include a person who provides direct care to	9447
an individual as a volunteer without receiving or expecting to	9448
receive any form of remuneration other than reimbursement for	9449
actual expenses.	9450

"Waiver agency" has the same meaning as in section 5111.033	9451
of the Revised Code.	9452

(B) This section does not apply to any individual who is	9453
subject to a database review or criminal records check under	9454
section 3701.881 of the Revised Code. If a community-based	9455
long-term care agency also is a waiver agency, the agency may	9456
provide for applicants and employees to undergo database reviews	9457
and criminal records checks in accordance with section 5111.033 of	9458
the Revised Code rather than this section.	9459

(C) No community-based long-term care agency shall employ an	9460
applicant or continue to employ an employee in a position that	9461
involves providing direct care to an individual if any of the	9462
following apply:	9463

(1) A review of the databases listed in division (E) of this	9464
section reveals any of the following:	9465

(a) That the applicant or employee is included in one or more	9466
of the databases listed in divisions (E)(1) to (5) of this	9467
section;	9468

(b) That there is in the state nurse aide registry	9469
established under section 3721.32 of the Revised Code a statement	9470
detailing findings by the director of health that the applicant or	9471
employee neglected or abused a long-term care facility or	9472
residential care facility resident or misappropriated property of	9473
such a resident;	9474

(c) That the applicant or employee is included in one or more	9475
of the databases, if any, specified in rules adopted under this	9476
section and the rules prohibit the agency from employing an	9477
applicant or continuing to employ an employee included in such a	9478
database in a position that involves providing direct care to an	9479
individual.	9480

(2) After the applicant or employee is provided, pursuant to	9481
division (F)(2)(a) of this section, a copy of the form prescribed	9482
pursuant to division (C)(1) of section 109.572 of the Revised Code	9483
and the standard impression sheet prescribed pursuant to division	9484
(C)(2) of that section, the applicant or employee fails to	9485
complete the form or provide the applicant's or employee's	9486
fingerprint impressions on the standard impression sheet.	9487

(3) Except as provided in rules adopted under this section,	9488
the applicant or employee is found by a criminal records check	9489
required by this section to have been convicted of, pleaded guilty	9490
to, or been found eligible for intervention in lieu of conviction	9491
for a disqualifying offense.	9492

(D) Except as provided by division (G) of this section, the	9493
chief administrator of a community-based long-term care agency	9494
shall inform each applicant of both of the following at the time	9495
of the applicant's initial application for employment or referral	9496
to the agency by an employment service for a position that	9497
involves providing direct care to an individual:	9498

(1) That a review of the databases listed in division (E) of	9499
this section will be conducted to determine whether the agency is	9500
prohibited by division (C)(1) of this section from employing the	9501
applicant in the position;	9502

(2) That, unless the database review reveals that the	9503
applicant may not be employed in the position, a criminal records	9504
check of the applicant will be conducted and the applicant is	9505
required to provide a set of the applicant's fingerprint	9506
impressions as part of the criminal records check.	9507

(E) As a condition of employing any applicant in a position	9508
that involves providing direct care to an individual, the chief	9509
administrator of a community-based long-term care agency shall	9510
conduct a database review of the applicant in accordance with	9511
rules adopted under this section. If rules adopted under this	9512
section so require, the chief administrator of a community-based	9513
long-term care agency shall conduct a database review of an	9514
employee in accordance with the rules as a condition of continuing	9515
to employ the employee in a position that involves providing	9516
direct care to an individual. However, a chief administrator is	9517
not required to conduct a database review of an applicant or	9518
employee if division (G) of this section applies. A database	9519
review shall determine whether the applicant or employee is	9520
included in any of the following:	9521

(1) The excluded parties list system maintained by the United	9522
States general services administration pursuant to subpart 9.4 of	9523
the federal acquisition regulation;	9524

(2) The list of excluded individuals and entities maintained	9525
by the office of inspector general in the United States department	9526
of health and human services pursuant to section 1128 of the	9527
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	9528
amended, and section 1156 of the "Social Security Act," 96 Stat.	9529
388 (1982), 42 U.S.C. 1320c-5, as amended;	9530

(3) The registry of MR/DD employees established under section	9531
5123.52 of the Revised Code;	9532

(4) The internet-based sex offender and child-victim offender	9533
database established under division (A)(11) of section 2950.13 of	9534
the Revised Code;	9535

(5) The internet-based database of inmates established under	9536
section 5120.66 of the Revised Code;	9537

(6) The state nurse aide registry established under section	9538
3721.32 of the Revised Code;	9539

(7) Any other database, if any, specified in rules adopted	9540
under this section.	9541

(F)(1) ~~Except as provided in division (I) of this section~~As	9542
a condition of employing any applicant in a position that involves	9543
providing direct care to an individual, the chief administrator of	9544
a community-based long-term care agency shall request that the	9545
superintendent of the bureau of criminal identification and	9546
investigation conduct a criminal records check ~~with respect to~~	9547
~~each~~of the applicant. If rules adopted under this section so	9548
require, the chief administrator of a community-based long-term	9549
care agency shall request that the superintendent conduct a	9550
criminal records check of an employee at times specified in the	9551
rules as a condition of continuing to employ the employee in a	9552
position that involves providing direct care to an individual.	9553
However, the chief administrator is not required to request the	9554
criminal records check of the applicant or employee if division	9555
(G) of this section applies or the agency is prohibited by	9556
division (C)(1) of this section from employing the applicant or	9557
continuing to employ the employee in a position that involves	9558
providing direct care to an individual. If an applicant or	9559
employee for whom a criminal records check request is required	9560
~~under~~by this ~~division~~section does not present proof of having	9561
been a resident of this state for the five-year period immediately	9562
prior to the date the criminal records check is requested or	9563
provide evidence that within that five-year period the	9564
superintendent has requested information about the applicant or	9565
employee from the federal bureau of investigation in a criminal	9566
records check, the chief administrator shall request that the	9567
superintendent obtain information from the federal bureau of	9568
investigation as part of the criminal records check ~~of the~~	9569
~~applicant~~. Even if an applicant or employee for whom a criminal	9570
records check request is required ~~under~~by this ~~division~~section	9571
presents proof of having been a resident of this state for the	9572
five-year period, the chief administrator may request that the	9573
superintendent include information from the federal bureau of	9574
investigation in the criminal records check.	9575

(2) ~~A person required by division (B)(1) of this section to~~	9576
~~request a criminal records check~~The chief administrator shall do	9577
~~both~~all of the following:	9578

(a) Provide to each applicant and employee for whom a	9579
criminal records check request is required ~~under that division~~by	9580
this section a copy of the form prescribed pursuant to division	9581
(C)(1) of section 109.572 of the Revised Code and a standard	9582
~~fingerprint~~ impression sheet prescribed pursuant to division	9583
(C)(2) of that section~~, and obtain~~;	9584

(b) Obtain the completed form and standard impression sheet	9585
from the applicant or employee;	9586

~~(b)~~(c) Forward the completed form and standard impression	9587
sheet to the superintendent ~~of the bureau of criminal~~	9588
~~identification and investigation~~.	9589

(3) ~~An applicant provided the form and fingerprint impression~~	9590
~~sheet under division (B)(2)(a) of this section who fails to~~	9591
~~complete the form or provide fingerprint impressions shall not be~~	9592
~~employed in any position for which a criminal records check is~~	9593
~~required by this section.~~	9594

~~(C)(1) Except as provided in rules adopted by the department~~	9595
~~of aging in accordance with division (F) of this section and~~	9596
~~subject to division (C)(2) of this section, no community-based~~	9597
~~long-term care agency shall employ a person in a position that~~	9598
~~involves providing direct care to an individual if the person has~~	9599
~~been convicted of or pleaded guilty to any of the following:~~	9600

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	9601
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	9602
~~2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,~~	9603
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,~~	9604
~~2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,~~	9605
~~2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,~~	9606
~~2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,~~	9607
~~2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,~~	9608
~~2925.22, 2925.23, or 3716.11 of the Revised Code.~~	9609

~~(b) A violation of an existing or former law of this state,~~	9610
~~any other state, or the United States that is substantially~~	9611
~~equivalent to any of the offenses listed in division (C)(1)(a) of~~	9612
~~this section.~~	9613

~~(2)(a)~~A community-based long-term care agency shall pay to	9614
the bureau of criminal identification and investigation the fee	9615
prescribed pursuant to division (C)(3) of section 109.572 of the	9616
Revised Code for each criminal records check the agency requests	9617
under this section. An agency may charge an applicant a fee not	9618
exceeding the amount the agency pays to the bureau under this	9619
section if both of the following apply:	9620

(a) The agency notifies the applicant at the time of initial	9621
application for employment of the amount of the fee and that,	9622
unless the fee is paid, the applicant will not be considered for	9623
employment.	9624

(b) The medicaid program established under Chapter 5111. of	9625
the Revised Code does not reimburse the agency for the fee it pays	9626
to the bureau under this section.	9627

(G) Divisions (D) to (F) of this section do not apply with	9628
regard to an applicant or employee if the applicant or employee is	9629
referred to a community-based long-term agency by an employment	9630
service that supplies full-time, part-time, or temporary staff for	9631
positions that involve providing direct care to an individual and	9632
both of the following apply:	9633

(1) The chief administrator of the agency receives from the	9634
employment service confirmation that a review of the databases	9635
listed in division (E) of this section was conducted of the	9636
applicant or employee.	9637

(2) The chief administrator of the agency receives from the	9638
employment service, applicant, or employee a report of the results	9639
of a criminal records check of the applicant or employee that has	9640
been conducted by the superintendent within the one-year period	9641
immediately preceding the following:	9642

(a) In the case of an applicant, the date of the applicant's	9643
referral by the employment service to the agency;	9644

(b) In the case of an employee, the date by which the agency	9645
would otherwise have to request a criminal records check of the	9646
employee under division (F) of this section.	9647

(H)(1) A community-based long-term care agency may employ	9648
conditionally an applicant for whom a criminal records check	9649
request is required ~~under division (B) of~~by this section prior to	9650
obtaining the results of athe criminal records check ~~regarding~~	9651
~~the individual, provided that~~if the agency is not prohibited by	9652
division (C)(1) of this section from employing the applicant in a	9653
position that involves providing direct care to an individual and	9654
either of the following applies:	9655

(a) The chief administrator of the agency ~~shall request a~~	9656
requests the criminal records check ~~regarding the individual~~ in	9657
accordance with division ~~(B)(1)~~(F) of this section not later than	9658
five business days after the ~~individual~~applicant begins	9659
conditional employment.	9660

(b) The applicant is referred to the agency by an employment	9661
service, the employment service or the applicant provides the	9662
chief administrator of the agency a letter that is on the	9663
letterhead of the employment service, the letter is dated and	9664
signed by a supervisor or another designated official of the	9665
employment service, and the letter states all of the following:	9666

(i) That the employment service has requested the	9667
superintendent to conduct a criminal records check regarding the	9668
applicant;	9669

(ii) That the requested criminal records check is to include	9670
a determination of whether the applicant has been convicted of,	9671
pleaded guilty to, or been found eligible for intervention in lieu	9672
of conviction for a disqualifying offense;	9673

(iii) That the employment service has not received the	9674
results of the criminal records check as of the date set forth on	9675
the letter;	9676

(iv) That the employment service promptly will send a copy of	9677
the results of the criminal records check to the chief	9678
administrator of the agency when the employment service receives	9679
the results. ~~In the circumstances described in division (I)(2) of~~	9680
~~this section, a community-based long-term care agency may employ~~	9681
~~conditionally an applicant who has been referred to the agency by~~	9682
~~an employment service that supplies full-time, part-time, or~~	9683
~~temporary staff for positions involving the direct care of~~	9684
~~individuals and for whom, pursuant to that division, a criminal~~	9685
~~records check is not required under division (B) of this section.~~	9686

~~(b)~~(2) If a community-based long-term care agency employs an	9687
applicant conditionally pursuant to division (H)(1)(b) of this	9688
section, the employment service, on its receipt of the results of	9689
the criminal records check, promptly shall send a copy of the	9690
results to the chief administrator of the agency.	9691

(3) A community-based long-term care agency that employs an	9692
~~individual~~applicant conditionally ~~under authority of~~pursuant to	9693
division ~~(C)(2)(a)~~(H)(1)(a) or (b) of this section shall terminate	9694
the ~~individual's~~applicant's employment if the results of the	9695
criminal records check ~~request under division (B) of this section~~	9696
~~or described in division (I)(2) of this section~~, other than the	9697
results of any request for information from the federal bureau of	9698
investigation, are not obtained within the period ending sixty	9699
days after the date the request for the criminal records check is	9700
made. Regardless of when the results of the criminal records check	9701
are obtained, if the results indicate that the ~~individual~~	9702
applicant has been convicted of or, pleaded guilty to ~~any of the~~	9703
~~offenses listed or described in division (C)(1) of this section~~,	9704
or been found eligible for intervention in lieu of conviction for	9705
a disqualifying offense, the agency shall terminate the	9706
~~individual's~~applicant's employment unless circumstances	9707
specified in rules adopted under this section that permit the	9708
agency to employ the applicant exist and the agency chooses to	9709
employ the ~~individual pursuant to division (F) of this section~~	9710
applicant. Termination of employment under this division shall be	9711
considered just cause for discharge for purposes of division	9712
(D)(2) of section 4141.29 of the Revised Code if the ~~individual~~	9713
applicant makes any attempt to deceive the agency about the	9714
~~individual's~~applicant's criminal record.	9715

~~(D)(1) Each community-based long-term care agency shall pay~~	9716
~~to the bureau of criminal identification and investigation the fee~~	9717
~~prescribed pursuant to division (C)(3) of section 109.572 of the~~	9718
~~Revised Code for each criminal records check conducted pursuant to~~	9719
~~a request made under division (B) of this section.~~	9720

~~(2) A community-based long-term care agency may charge an~~	9721
~~applicant a fee not exceeding the amount the agency pays under~~	9722
~~division (D)(1) of this section. An agency may collect a fee only~~	9723
~~if both of the following apply:~~	9724

~~(a) The agency notifies the person at the time of initial~~	9725
~~application for employment of the amount of the fee and that,~~	9726
~~unless the fee is paid, the person will not be considered for~~	9727
~~employment;~~	9728

~~(b) The medicaid program established under Chapter 5111. of~~	9729
~~the Revised Code does not reimburse the agency the fee it pays~~	9730
~~under division (D)(1) of this section.~~	9731

~~(E)~~(I) The report of any criminal records check conducted	9732
pursuant to a request made under this section is not a public	9733
record for the purposes of section 149.43 of the Revised Code and	9734
shall not be made available to any person other than the	9735
following:	9736

(1) The ~~individual~~applicant or employee who is the subject	9737
of the criminal records check or the ~~individual's~~applicant's or	9738
employee's representative;	9739

(2) The chief administrator of the community-based long-term	9740
care agency requesting the criminal records check or the	9741
administrator's representative;	9742

(3) The administrator of any other facility, agency, or	9743
program that provides direct care to individuals that is owned or	9744
operated by the same entity that owns or operates the	9745
community-based long-term care agency that requested the criminal	9746
records check;	9747

(4) The employment service that requested the criminal	9748
records check;	9749

(5) The director of aging or a person authorized by the	9750
director to monitor a community-based long-term care agency's	9751
compliance with this section;	9752

~~(5)~~(6) The director of job and family services and the staff	9753
of the department of job and family services who are involved in	9754
the administration of the medicaid program if either of the	9755
following apply:	9756

(a) In the case of a criminal records check requested by a	9757
community-based long-term care agency, the agency also is a waiver	9758
agency;	9759

(b) In the case of a criminal records check requested by an	9760
employment service, the employment service makes the request for	9761
an applicant or employee the employment service refers to a	9762
community-based long-term care agency that also is a waiver	9763
agency.	9764

(7) A court, hearing officer, or other necessary individual	9765
involved in a case dealing with aany of the following:	9766

(a) A denial of employment of the applicant or ~~dealing with~~	9767
~~employment~~employee;	9768

(b) Employment or unemployment benefits of the applicant or	9769
employee;	9770

~~(6) Any person to whom the report is provided pursuant to,~~	9771
~~and in accordance with, division (I)(1) or (2) of this section~~(c)	9772
A civil or criminal action regarding the medicaid program or a	9773
program the department of aging administers.	9774

~~(F) The department of aging shall adopt rules in accordance~~	9775
~~with Chapter 119. of the Revised Code to implement this section.~~	9776
~~The rules shall specify circumstances under which a~~	9777
~~community-based long-term care agency may employ a person who has~~	9778
~~been convicted of or pleaded guilty to an offense listed or~~	9779
~~described in division (C)(1) of this section but meets personal~~	9780
~~character standards set by the department.~~	9781

~~(G) The chief administrator of a community-based long-term~~	9782
~~care agency shall inform each person, at the time of initial~~	9783
~~application for a position that involves providing direct care to~~	9784
~~an individual, that the person is required to provide a set of~~	9785
~~fingerprint impressions and that a criminal records check is~~	9786
~~required to be conducted if the person comes under final~~	9787
~~consideration for employment.~~	9788

~~(H)~~(J) In a tort or other civil action for damages that is	9789
brought as the result of an injury, death, or loss to person or	9790
property caused by an ~~individual~~applicant or employee who a	9791
community-based long-term care agency employs in a position that	9792
involves providing direct care to individuals, all of the	9793
following shall apply:	9794

(1) If the agency employed the ~~individual~~applicant or	9795
employee in good faith and reasonable reliance on the report of a	9796
criminal records check requested under this section, the agency	9797
shall not be found negligent solely because of its reliance on the	9798
report, even if the information in the report is determined later	9799
to have been incomplete or inaccurate;.	9800

(2) If the agency employed the ~~individual~~applicant in good	9801
faith on a conditional basis pursuant to division ~~(C)(2)~~(H) of	9802
this section, the agency shall not be found negligent solely	9803
because it employed the ~~individual~~applicant prior to receiving	9804
the report of a criminal records check requested under this	9805
section;.	9806

(3) If the agency in good faith employed the ~~individual~~	9807
applicant or employee according to the personal character	9808
standards established in rules adopted under ~~division (F) of~~ this	9809
section, the agency shall not be found negligent solely because	9810
the ~~individual prior to being employed had~~applicant or employee	9811
has been convicted of or, pleaded guilty to ~~an offense listed or~~	9812
~~described in division (C)(1) of this section~~, or been found	9813
eligible for intervention in lieu of conviction for a	9814
disqualifying offense.	9815

~~(I)(1) The chief administrator of a community-based long-term~~	9816
~~care agency is not required to request that the superintendent of~~	9817
~~the bureau of criminal identification and investigation conduct a~~	9818
~~criminal records check of an applicant if the applicant has been~~	9819
~~referred to the agency by an employment service that supplies~~	9820
~~full-time, part-time, or temporary staff for positions involving~~	9821
~~the direct care of individuals and both of the following apply:~~	9822

~~(a) The chief administrator receives from the employment~~	9823
~~service or the applicant a report of the results of a criminal~~	9824
~~records check regarding the applicant that has been conducted by~~	9825
~~the superintendent within the one-year period immediately~~	9826
~~preceding the applicant's referral;~~	9827

~~(b) The report of the criminal records check demonstrates~~	9828
~~that the person has not been convicted of or pleaded guilty to an~~	9829
~~offense listed or described in division (C)(1) of this section, or~~	9830
~~the report demonstrates that the person has been convicted of or~~	9831
~~pleaded guilty to one or more of those offenses, but the~~	9832
~~community-based long-term care agency chooses to employ the~~	9833
~~individual pursuant to division (F) of this section.~~	9834

~~(2) The chief administrator of a community-based long-term~~	9835
~~care agency is not required to request that the superintendent of~~	9836
~~the bureau of criminal identification and investigation conduct a~~	9837
~~criminal records check of an applicant and may employ the~~	9838
~~applicant conditionally as described in this division, if the~~	9839
~~applicant has been referred to the agency by an employment service~~	9840
~~that supplies full-time, part-time, or temporary staff for~~	9841
~~positions involving the direct care of individuals and if the~~	9842
~~chief administrator receives from the employment service or the~~	9843
~~applicant a letter from the employment service that is on the~~	9844
~~letterhead of the employment service, dated, and signed by a~~	9845
~~supervisor or another designated official of the employment~~	9846
~~service and that states that the employment service has requested~~	9847
~~the superintendent to conduct a criminal records check regarding~~	9848
~~the applicant, that the requested criminal records check will~~	9849
~~include a determination of whether the applicant has been~~	9850
~~convicted of or pleaded guilty to any offense listed or described~~	9851
~~in division (C)(1) of this section, that, as of the date set forth~~	9852
~~on the letter, the employment service had not received the results~~	9853
~~of the criminal records check, and that, when the employment~~	9854
~~service receives the results of the criminal records check, it~~	9855
~~promptly will send a copy of the results to the community-based~~	9856
~~long-term care agency. If a community-based long-term care agency~~	9857
~~employs an applicant conditionally in accordance with this~~	9858
~~division, the employment service, upon its receipt of the results~~	9859
~~of the criminal records check, promptly shall send a copy of the~~	9860
~~results to the community-based long-term care agency, and division~~	9861
~~(C)(2)(b) of this section applies regarding the conditional~~	9862
~~employment.~~	9863

(K) The director of aging shall adopt rules in accordance	9864
with Chapter 119. of the Revised Code to implement this section.	9865

(1) The rules may do the following:

9866

(a) Require employees to undergo database reviews and	9867
criminal records checks under this section;	9868

(b) If the rules require employees to undergo database	9869
reviews and criminal records checks under this section, exempt one	9870
or more classes of employees from the requirements;	9871

(c) For the purpose of division (E)(7) of this section,	9872
specify other databases that are to be checked as part of a	9873
database review conducted under this section.	9874

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

9875

(a) The procedures for conducting database reviews under this	9876
section;	9877

(b) If the rules require employees to undergo database	9878
reviews and criminal records checks under this section, the times	9879
at which the database reviews and criminal records checks are to	9880
be conducted;	9881

(c) If the rules specify other databases to be checked as	9882
part of the database reviews, the circumstances under which a	9883
community-based long-term care agency is prohibited from employing	9884
an applicant or continuing to employ an employee who is found by a	9885
database review to be included in one or more of those databases;	9886

(d) Circumstances under which a community-based long-term	9887
care agency may employ an applicant or employee who is found by a	9888
criminal records check required by this section to have been	9889
convicted of, pleaded guilty to, or been found eligible for	9890
intervention in lieu of conviction for a disqualifying offense but	9891
meets personal character standards.	9892

Sec. 173.40. (A) As used in sections 173.40 to 173.402 of	9893
the Revised Code:	9894

"Medicaid waiver component" has the same meaning as in	9895
section 5111.85 of the Revised Code.	9896

"PASSPORT program" means the program created under this	9897
section.	9898

"PASSPORT waiver" means the federal medicaid waiver granted	9899
by the United States secretary of health and human services that	9900
authorizes the medicaid-funded component of the PASSPORT program.	9901

"Unified long-term services and support medicaid waiver	9902
component" means the medicaid waiver component authorized by	9903
section 5111.864 of the Revised Code.	9904

(B) There is hereby created the preadmission screening system	9905
providing options and resources today program, or PASSPORT. The	9906
PASSPORT program shall provide home and community-based services	9907
as an alternative to nursing facility placement for individuals	9908
who are aged and disabled and meet the program's applicable	9909
eligibility requirements. Subject to division (C) of this section,	9910
the program shall have a medicaid-funded component and a	9911
state-funded component.	9912

(C)(1) Unless the medicaid-funded component of the PASSPORT	9913
program is terminated under division (C)(2) of this section, all	9914
of the following apply:	9915

(a) The department of aging shall administer the	9916
medicaid-funded component through a contract entered into with the	9917
department of job and family services under section 5111.91 of the	9918
Revised Code.	9919

(b) The medicaid-funded component shall be operated as a	9920
separate medicaid waiver component.	9921

(c) For an individual to be eligible for the medicaid-funded	9922
component, the individual must be a medicaid recipient and meet	9923
the additional eligibility requirements applicable to the	9924
individual established in rules adopted under division (C)(1)(d)	9925
of this section.	9926

(d) The director of job and family services shall adopt rules	9927
under section 5111.85 of the Revised Code and the director of	9928
aging shall adopt rules in accordance with Chapter 119. of the	9929
Revised Code to implement the medicaid-funded component.	9930

(2) If the unified long-term services and support medicaid	9931
waiver component is created, the departments of aging and job and	9932
family services shall work together to determine whether the	9933
medicaid-funded component of the PASSPORT program should continue	9934
to operate as a separate medicaid waiver component or be	9935
terminated. If the departments determine that the medicaid-funded	9936
component of the PASSPORT program should be terminated, the	9937
medicaid-funded component shall cease to exist on a date the	9938
departments shall specify.	9939

(D)(1) The department of aging shall administer the	9940
state-funded component of the PASSPORT program. The state-funded	9941
component shall not be administered as part of the medicaid	9942
program.	9943

(2) For an individual to be eligible for the state-funded	9944
component, the individual must meet one of the following	9945
requirements and meet the additional eligibility requirements	9946
applicable to the individual established in rules adopted under	9947
division (D)(4) of this section:	9948

(a) The individual must have been enrolled in the	9949
state-funded component on September 1, 1991, (as the state-funded	9950
component was authorized by uncodified law in effect at that time)	9951
and have had one or more applications for enrollment in the	9952
medicaid-funded component (or, if the medicaid-funded component is	9953
terminated under division (C)(2) of this section, the unified	9954
long-term services and support medicaid waiver component) denied.	9955

(b) The individual must have had the individual's enrollment	9956
in the medicaid-funded component (or, if the medicaid-funded	9957
component is terminated under division (C)(2) of this section, the	9958
unified long-term services and support medicaid waiver component)	9959
terminated and the individual must still need the home and	9960
community-based services provided under the PASSPORT program to	9961
protect the individual's health and safety.	9962

(c) The individual must have an application for the	9963
medicaid-funded component (or, if the medicaid-funded component is	9964
terminated under division (C)(2) of this section, the unified	9965
long-term services and support medicaid waiver component) pending	9966
and the department or the department's designee must have	9967
determined that the individual meets the nonfinancial eligibility	9968
requirements of the medicaid-funded component (or, if the	9969
medicaid-funded component is terminated under division (C)(2) of	9970
this section, the unified long-term services and support medicaid	9971
waiver component) and not have reason to doubt that the individual	9972
meets the financial eligibility requirements of the	9973
medicaid-funded component (or, if the medicaid-funded component is	9974
terminated under division (C)(2) of this section, the unified	9975
long-term services and support medicaid waiver component).	9976

(3) An individual who is eligible for the state-funded	9977
component because the individual meets the requirement of division	9978
(D)(2)(c) of this section may participate in the component on that	9979
basis for not more than ~~three months~~ninety days.	9980

(4) The director of aging shall adopt rules in accordance	9981
with section 111.15 of the Revised Code to implement the	9982
state-funded component. The additional eligibility requirements	9983
established in the rules may vary for the different groups of	9984
individuals specified in divisions (D)(2)(a), (b), and (c) of this	9985
section.	9986

Sec. 173.42. (A) As used in sections 173.42 to 173.434 of	9987
the Revised Code:	9988

(1) "Area agency on aging" means a public or private	9989
nonprofit entity designated under section 173.011 of the Revised	9990
Code to administer programs on behalf of the department of aging.	9991

(2) "Department of aging-administered medicaid waiver	9992
component" means each of the following:	9993

(a) The medicaid-funded component of the PASSPORT program	9994
created under section 173.40 of the Revised Code;	9995

(b) The choices program created under section 173.403 of the	9996
Revised Code;	9997

(c) The medicaid-funded component of the assisted living	9998
program created under section 5111.89 of the Revised Code;	9999

(d) Any other medicaid waiver component, as defined in	10000
section 5111.85 of the Revised Code, that the department of aging	10001
administers pursuant to an interagency agreement with the	10002
department of job and family services under section 5111.91 of the	10003
Revised Code.	10004

(3) "Home and community-based services covered by medicaid	10005
components the department of aging administers" means all of the	10006
following:	10007

(a) Medicaid waiver services available to a participant in a	10008
department of aging-administered medicaid waiver component;	10009

(b) The following medicaid state plan services available to a	10010
participant in a department of aging-administered medicaid waiver	10011
component as specified in rules adopted under section 5111.02 of	10012
the Revised Code:	10013

(i) Home health services;

10014

(ii) Private duty nursing services;

10015

(iii) Durable medical equipment;

10016

(iv) Services of a clinical nurse specialist;

10017

(v) Services of a certified nurse practitioner.

10018

10019

(4) "Long-term care consultation" or "consultation" means the	10020
consultation service made available by the department of aging or	10021
a program administrator through the long-term care consultation	10022
program established pursuant to this section.	10023

(5) "Medicaid" means the medical assistance program	10024
established under Chapter 5111. of the Revised Code.	10025

(6) "Nursing facility" has the same meaning as in section	10026
5111.20 of the Revised Code.	10027

(7) "PACE program" means the component of the medicaid	10028
program the department of aging administers pursuant to section	10029
173.50 of the Revised Code.	10030

(8) "PASSPORT administrative agency" means an entity under	10031
contract with the department of aging to provide administrative	10032
services regarding the PASSPORT program.	10033

(9) "Program administrator" means an area agency on aging or	10034
other entity under contract with the department of aging to	10035
administer the long-term care consultation program in a geographic	10036
region specified in the contract.	10037

(10) "Representative" means a person acting on behalf of an	10038
individual specified in division (G) of this section. A	10039
representative may be a family member, attorney, hospital social	10040
worker, or any other person chosen to act on behalf of the	10041
individual.	10042

(B) The department of aging shall develop a long-term care	10043
consultation program whereby individuals or their representatives	10044
are provided with long-term care consultations and receive through	10045
these professional consultations information about options	10046
available to meet long-term care needs and information about	10047
factors to consider in making long-term care decisions. The	10048
long-term care consultations provided under the program may be	10049
provided at any appropriate time, as permitted or required under	10050
this section and the rules adopted under it, including either	10051
prior to or after the individual who is the subject of a	10052
consultation has been admitted to a nursing facility or granted	10053
assistance in receiving home and community-based services covered	10054
by medicaid components the department of aging administers.	10055

(C) The long-term care consultation program shall be	10056
administered by the department of aging, except that the	10057
department may have the program administered on a regional basis	10058
by one or more program administrators. The department and each	10059
program administrator shall administer the program in such a	10060
manner that all of the following are included:	10061

(1) Coordination and collaboration with respect to all	10062
available funding sources for long-term care services;	10063

(2) Assessments of individuals regarding their long-term care	10064
service needs;	10065

(3) Assessments of individuals regarding their on-going	10066
eligibility for long-term care services;	10067

(4) Procedures for assisting individuals in obtaining access	10068
to, and coordination of, health and supportive services, including	10069
department of aging-administered medicaid waiver components;	10070

(5) Priorities for using available resources efficiently and	10071
effectively.	10072

(D) The program's long-term care consultations shall be	10073
provided by individuals certified by the department under section	10074
173.422 of the Revised Code.	10075

(E) The information provided through a long-term care	10076
consultation shall be appropriate to the individual's needs and	10077
situation and shall address all of the following:	10078

(1) The availability of any long-term care options open to	10079
the individual;	10080

(2) Sources and methods of both public and private payment	10081
for long-term care services;	10082

(3) Factors to consider when choosing among the available	10083
programs, services, and benefits;	10084

(4) Opportunities and methods for maximizing independence and	10085
self-reliance, including support services provided by the	10086
individual's family, friends, and community.	10087

(F) An individual's long-term care consultation may include	10088
an assessment of the individual's functional capabilities. The	10089
consultation may incorporate portions of the determinations	10090
required under sections 5111.202, 5119.061, and 5123.021 of the	10091
Revised Code and may be provided concurrently with the assessment	10092
required under section 5111.204 of the Revised Code.	10093

(G)(1) Unless an exemption specified in division (I) of this	10094
section is applicable, each of the following shall be provided	10095
with a long-term care consultation:	10096

(a) An individual who applies or indicates an intention to	10097
apply for admission to a nursing facility, regardless of the	10098
source of payment to be used for the individual's care in a	10099
nursing facility;	10100

(b) An individual who requests a long-term care consultation;

10101

(c) An individual identified by the department or a program	10102
administrator as being likely to benefit from a long-term care	10103
consultation.	10104

(2) In addition to the individuals specified in division	10105
(G)(1) of this section, a long-term care consultation may be	10106
provided to a nursing facility resident regardless of the source	10107
of payment being used for the resident's care in the nursing	10108
facility.	10109

(H)(1) Except as provided in division (H)(2) or (3) of this	10110
section, a long-term care consultation provided pursuant to	10111
division (G) of this section shall be provided as follows:	10112

(a) If the individual for whom the consultation is being	10113
provided has applied for medicaid and the consultation is being	10114
provided concurrently with the assessment required under section	10115
5111.204 of the Revised Code, the consultation shall be completed	10116
in accordance with the applicable time frames specified in that	10117
section for providing a level of care determination based on the	10118
assessment.	10119

(b) In all other cases, the consultation shall be provided	10120
not later than five calendar days after the department or program	10121
administrator receives notice of the reason for which the	10122
consultation is to be provided pursuant to division (G) of this	10123
section.	10124

(2) An individual or the individual's representative may	10125
request that a long-term care consultation be provided on a date	10126
that is later than the date required under division (H)(1)(a) or	10127
(b) of this section.	10128

(3) If a long-term care consultation cannot be completed	10129
within the number of days required by division (H)(1) or (2) of	10130
this section, the department or program administrator may do any	10131
of the following:	10132

(a) In the case of an individual specified in division (G)(1)	10133
of this section, exempt the individual from the consultation	10134
pursuant to rules that may be adopted under division (L) of this	10135
section;	10136

(b) In the case of an applicant for admission to a nursing	10137
facility, provide the consultation after the individual is	10138
admitted to the nursing facility;	10139

(c) In the case of a resident of a nursing facility, provide	10140
the consultation as soon as practicable.	10141

(I) An individual is not required to be provided a long-term	10142
care consultation under division (G)(1) of this section if any of	10143
the following apply:	10144

(1) The department or program administrator has attempted to	10145
provide the consultation, but the individual or the individual's	10146
representative refuses to cooperate;	10147

(2) The individual is to receive care in a nursing facility	10148
under a contract for continuing care as defined in section 173.13	10149
of the Revised Code;	10150

(3) The individual has a contractual right to admission to a	10151
nursing facility operated as part of a system of continuing care	10152
in conjunction with one or more facilities that provide a less	10153
intensive level of services, including a residential care facility	10154
licensed under Chapter 3721. of the Revised Code, ~~an adult care~~a	10155
residential facility licensed under ~~sections 5119.70 to 5119.88~~	10156
section 5119.22 of the Revised Code that provides accommodations,	10157
supervision, and personal care services for three to sixteen	10158
unrelated adults, or an independent living arrangement;	10159

(4) The individual is to receive continual care in a home for	10160
the aged exempt from taxation under section 5701.13 of the Revised	10161
Code;	10162

(5) The individual is seeking admission to a facility that is	10163
not a nursing facility with a provider agreement under section	10164
5111.22, 5111.671, or 5111.672 of the Revised Code;	10165

(6) The individual is exempted from the long-term care	10166
consultation requirement by the department or the program	10167
administrator pursuant to rules that may be adopted under division	10168
(L) of this section.	10169

(J) As part of the long-term care consultation program, the	10170
department or program administrator shall assist an individual or	10171
individual's representative in accessing all sources of care and	10172
services that are appropriate for the individual and for which the	10173
individual is eligible, including all available home and	10174
community-based services covered by medicaid components the	10175
department of aging administers. The assistance shall include	10176
providing for the conduct of assessments or other evaluations and	10177
the development of individualized plans of care or services under	10178
section 173.424 of the Revised Code.	10179

(K) No nursing facility for which an operator has a provider	10180
agreement under section 5111.22, 5111.671, or 5111.672 of the	10181
Revised Code shall admit any individual as a resident, unless the	10182
nursing facility has received evidence that a long-term care	10183
consultation has been completed for the individual or division (I)	10184
of this section is applicable to the individual.	10185

(L) The director of aging may adopt any rules the director	10186
considers necessary for the implementation and administration of	10187
this section. The rules shall be adopted in accordance with	10188
Chapter 119. of the Revised Code and may specify any or all of the	10189
following:	10190

(1) Procedures for providing long-term care consultations	10191
pursuant to this section;	10192

(2) Information to be provided through long-term care	10193
consultations regarding long-term care services that are	10194
available;	10195

(3) Criteria and procedures to be used to identify and	10196
recommend appropriate service options for an individual receiving	10197
a long-term care consultation;	10198

(4) Criteria for exempting individuals from the long-term	10199
care consultation requirement;	10200

(5) Circumstances under which it may be appropriate to	10201
provide an individual's long-term care consultation after the	10202
individual's admission to a nursing facility rather than before	10203
admission;	10204

(6) Criteria for identifying nursing facility residents who	10205
would benefit from the provision of a long-term care consultation;	10206

(7) A description of the types of information from a nursing	10207
facility that is needed under the long-term care consultation	10208
program to assist a resident with relocation from the facility;	10209

(8) Standards to prevent conflicts of interest relative to	10210
the referrals made by a person who performs a long-term care	10211
consultation, including standards that prohibit the person from	10212
being employed by a provider of long-term care services;	10213

(9) Procedures for providing notice and an opportunity for a	10214
hearing under division (N) of this section.	10215

(M) To assist the department and each program administrator	10216
with identifying individuals who are likely to benefit from a	10217
long-term care consultation, the department and program	10218
administrator may ask to be given access to nursing facility	10219
resident assessment data collected through the use of the resident	10220
assessment instrument specified in rules adopted under section	10221
5111.02 of the Revised Code for purposes of the medicaid program.	10222
Except when prohibited by state or federal law, the department of	10223
health, department of job and family services, or nursing facility	10224
holding the data shall grant access to the data on receipt of the	10225
request from the department of aging or program administrator.	10226

(N)(1) The director of aging, after providing notice and an	10227
opportunity for a hearing, may fine a nursing facility an amount	10228
determined by rules the director shall adopt in accordance with	10229
Chapter 119. of the Revised Code for any of the following reasons:	10230

(a) The nursing facility admits an individual, without	10231
evidence that a long-term care consultation has been provided, as	10232
required by this section;	10233

(b) The nursing facility denies a person attempting to	10234
provide a long-term care consultation access to the facility or a	10235
resident of the facility;	10236

(c) The nursing facility denies the department of aging or	10237
program administrator access to the facility or a resident of the	10238
facility, as the department or administrator considers necessary	10239
to administer the program.	10240

(2) In accordance with section 5111.62 of the Revised Code,	10241
all fines collected under division (N)(1) of this section shall be	10242
deposited into the state treasury to the credit of the residents	10243
protection fund.	10244

Sec. 173.45. As used in this section and in sections 173.46	10245
to 173.49 of the Revised Code:	10246

(A) "~~Adult care~~Residential facility" ~~has the same meaning as~~	10247
inmeans a residential facility licensed under section ~~5119.70~~	10248
5119.22 of the Revised Code that provides accommodations,	10249
supervision, and personal care services for three to sixteen	10250
unrelated adults.	10251

(B) "Community-based long-term care services" has the same	10252
meaning as in section 173.14 of the Revised Code.	10253

(C) "Long-term care facility" means a nursing home or	10254
residential care facility.	10255

(D) "Nursing home" and "residential care facility" have the	10256
same meanings as in section 3721.01 of the Revised Code.	10257

(E) "Nursing facility" has the same meaning as in section	10258
5111.20 of the Revised Code.	10259

Sec. 173.46. (A) The department of aging shall develop and	10260
publish a guide to long-term care facilities for use by	10261
individuals considering long-term care facility admission and	10262
their families, friends, and advisors. The guide, which shall be	10263
titled the Ohio long-term care consumer guide, may be published in	10264
printed form or in electronic form for distribution over the	10265
internet. The guide may be developed as a continuation or	10266
modification of the guide published by the department prior to	10267
September 29, 2005, under rules adopted under section 173.02 of	10268
the Revised Code.	10269

(B) The Ohio long-term care consumer guide shall include	10270
information on each long-term care facility in this state. For	10271
each facility, the guide shall include the following information,	10272
as applicable to the facility:	10273

(1) Information regarding the facility's compliance with	10274
state statutes and rules and federal statutes and regulations;	10275

(2) Information generated by the centers for medicare and	10276
medicaid services of the United States department of health and	10277
human services from the quality measures developed as part of its	10278
nursing home quality initiative;	10279

(3) Results of the customer satisfaction surveys conducted	10280
under section 173.47 of the Revised Code;	10281

(4) Any other information the department specifies in rules	10282
adopted under section 173.49 of the Revised Code.	10283

(C) The Ohio long-term care consumer guide may include	10284
information on ~~adult care~~residential facilities and providers of	10285
community-based long-term care services. The department may adopt	10286
rules under section 173.49 of the Revised Code to specify the	10287
information to be included in the guide pursuant to this division.	10288

Sec. 191.01. As used in this chapter:

10289

(A) "Administrative safeguards," "availability,"	10290
"confidentiality," "integrity," "physical safeguards," and	10291
"technical safeguards" have the same meanings as in 45 C.F.R.	10292
164.304.	10293

(B) "Business associate," "covered entity," "health plan,"	10294
"individually identifiable health information," and "protected	10295
health information" have the same meanings as in 45 C.F.R.	10296
160.103.	10297

(C) "Executive director of the office of health	10298
transformation" or "executive director" means the executive	10299
director of the office of health transformation or the chief	10300
administrative officer of a successor governmental entity	10301
responsible for health system oversight in this state.	10302

(D) "Government program providing public benefits" means any	10303
program administered by a state agency that has been identified,	10304
pursuant to section 191.02 of the Revised Code, by the executive	10305
director of the office of health transformation in consultation	10306
with the individuals specified in that section.	10307

(E) "Office of health transformation" means the office of	10308
health transformation created by executive order 2011-02K.	10309

(F) "Operating protocol" means a protocol adopted by the	10310
executive director of the office of health transformation or the	10311
executive director's designee under division (D) of section 191.06	10312
of the Revised Code.	10313

(G) "Participating agency" means a state agency that	10314
participates in a health transformation initiative as specified in	10315
the one or more operating protocols adopted for the initiative	10316
under division (D) of section 191.06 of the Revised Code.	10317

(H) "Personally identifiable information" means information	10318
that meets both of the following criteria:	10319

(1) It identifies an individual or there is a reasonable	10320
basis to believe that it may be used to identify an individual;	10321

(2) It relates to an individual's eligibility for,	10322
application for, or receipt of public benefits from a government	10323
program providing public benefits.	10324

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

10325

(1) The department of aging;

10326

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

10327

(3) The department of development;

10328

(4) The department of developmental disabilities;

10329

(5) The department of education;

10330

(6) The department of health;

10331

(7) The department of insurance;

10332

(8) The department of job and family services;

10333

(9) The department of mental health;

10334

(10) The department of rehabilitation and correction;

10335

(11) The department of taxation;

10336

(12) The department of veterans services;

10337

(13) The department of youth services.

10338

(J) "Unsecured" has the same meaning as in 16 C.F.R. 318.2.

10339

Sec. 191.02. The executive director of the office of health	10340
transformation, in consultation with all of the following	10341
individuals, shall identify each government program administered	10342
by a state agency that is to be considered a government program	10343
providing public benefits for purposes of section 191.04 of the	10344
Revised Code:	10345

(A) The director of aging;

10346

(B) The director of alcohol and drug addiction services;

10347

10348

(D) The director of developmental disabilities;

10349

(E) The director of health;

10350

(F) The director job and family services;

10351

(G) The director of mental health;

10352

(H) The director of rehabilitation and correction;

10353

(I) The director of veterans services;

10354

(J) The director of youth services;

10355

(K) The administrator of the rehabilitation services	10356
commission;	10357

(L) The administrator of workers' compensation;

10358

(M) The superintendent of insurance;

10359

(N) The superintendent of public instruction;

10360

(O) The tax commissioner.

10361

Sec. 191.04. (A) In accordance with federal laws governing	10362
the confidentiality of individually identifiable health	10363
information, including the "Health Insurance Portability and	10364
Accountability Act of 1996," 104 Pub. L. No. 191, 110 Stat. 2021,	10365
42 U.S.C. 1320d et seq., as amended, and regulations promulgated	10366
by the United States department of health and human services to	10367
implement the act, a state agency may exchange protected health	10368
information with another state agency relating to eligibility for	10369
or enrollment in a health plan or relating to participation in a	10370
government program providing public benefits if the exchange of	10371
information is necessary for either or both of the following:	10372

(1) Operating a health plan;

10373

(2) Coordinating, or improving the administration or	10374
management of, the health care-related functions of at least one	10375
government program providing public benefits.	10376

(B) For fiscal year 2013 only, a state agency also may	10377
exchange personally identifiable information with another state	10378
agency for purposes related to and in support of a health	10379
transformation initiative identified by the executive director of	10380
the office of health transformation pursuant to division (C) of	10381
section 191.06 of the Revised Code.	10382

(C) With respect to a state agency that uses or discloses	10383
personally identifiable information, all of the following	10384
conditions apply:	10385

(1) The state agency shall use or disclose the information	10386
only as permitted or required by state and federal law. In	10387
addition, if the information is obtained during fiscal year 2013	10388
from an exchange of personally identifiable information permitted	10389
under division (B) of this section, the agency shall also use or	10390
disclose the information in accordance with all operating	10391
protocols that apply to the use or disclosure.	10392

(2) If the state agency is a state agency other than the	10393
department of job and family services and it uses or discloses	10394
protected health information that is related to a medicaid	10395
recipient and obtained from the department of job and family	10396
services or another agency operating a component of the medicaid	10397
program, the state agency shall comply with all state and federal	10398
laws that apply to the department of job and family services when	10399
that department, as the state's single state agency to supervise	10400
the medicaid program as specified in section 5111.01 of the	10401
Revised Code, uses or discloses protected health information.	10402

(3) A state agency shall implement administrative, physical,	10403
and technical safeguards for the purpose of protecting the	10404
confidentiality, integrity, and availability of personally	10405
identifiable information the creation, receipt, maintenance, or	10406
transmittal of which is affected or governed by this section.	10407

(4) If a state agency discovers an unauthorized use or	10408
disclosure of unsecured protected health information or unsecured	10409
individually identifiable health information, the state agency	10410
shall, not later than seventy-two hours after the discovery, do	10411
all of the following:	10412

(a) Identify the individuals who are the subject of the	10413
protected health information or individually identifiable health	10414
information;	10415

(b) Report the discovery and the names of all individuals	10416
identified pursuant to division (C)(4)(a) of this section to all	10417
other state agencies and the executive director of the office of	10418
health transformation or the executive director's designee;	10419

(c) Mitigate, to the extent reasonably possible, any	10420
potential adverse effects of the unauthorized use or disclosure.	10421

(5) A state agency shall make available to the executive	10422
director of the office of health transformation or the executive	10423
director's designee, and to any other state or federal	10424
governmental entity required by law to have access on that	10425
entity's request, all internal practices, records, and	10426
documentation relating to personally identifiable information it	10427
receives, uses, or discloses that is affected or governed by this	10428
section.	10429

(6) On termination or expiration of an operating protocol and	10430
if feasible, a state agency shall return or destroy all personally	10431
identifiable information received directly from or received on	10432
behalf of another state agency. If the personally identifiable	10433
information is not returned or destroyed, the state agency	10434
maintaining the information shall extend the protections set forth	10435
in this section for as long as it is maintained.	10436

(7) If a state agency enters into a subcontract or, when	10437
required by 45 C.F.R. 164.502(e)(2), a business associate	10438
agreement, the subcontract or business associate agreement shall	10439
require the subcontractor or business associate to comply with the	10440
terms of this section as if the subcontractor or business	10441
associate were a state agency.	10442

Sec. 191.06. (A) The provisions of this section shall apply	10443
only for fiscal year 2013.	10444

(B) The executive director of the office of health	10445
transformation or the executive director's designee may facilitate	10446
the coordination of operations and exchange of information between	10447
state agencies. The purpose of the executive director's authority	10448
under this section is to support agency collaboration for health	10449
transformation purposes, including modernization of the medicaid	10450
program, streamlining of health and human services programs in	10451
this state, and improving the quality, continuity, and efficiency	10452
of health care and health care support systems in this state.	10453

(C) In furtherance of the authority of the executive director	10454
of the office of health transformation under division (B) of this	10455
section, the executive director or the executive director's	10456
designee shall identify each health transformation initiative in	10457
this state that involves the participation of two or more state	10458
agencies and that permits or requires an interagency agreement to	10459
be entered into for purposes of specifying each participating	10460
agency's role in coordinating, operating, or funding the	10461
initiative, or facilitating the exchange of data or other	10462
information for the initiative. The executive director shall	10463
publish a list of the identified health transformation initiatives	10464
on the internet web site maintained by the office of health	10465
transformation.	10466

(D) For each health transformation initiative that is	10467
identified under division (C) of this section, the executive	10468
director or the executive director's designee shall, in	10469
consultation with each participating agency, adopt one or more	10470
operating protocols. Notwithstanding any law enacted by the	10471
general assembly or rule adopted by a state agency, the provisions	10472
in a protocol shall supersede any provisions in an interagency	10473
agreement, including an interagency agreement entered into under	10474
section 5101.10 or 5111.91 of the Revised Code, that differ from	10475
the provisions of the protocol.	10476

(E)(1) An operating protocol adopted under division (D) of	10477
this section shall include both of the following:	10478

(a) All terms necessary to meet the requirements of "other	10479
arrangements" between a covered entity and a business associate	10480
that are referenced in 45 C.F.R. 164.314(a)(2)(ii);	10481

(b) If known, the date on which the protocol will terminate	10482
or expire.	10483

(2) In addition, a protocol may specify the extent to which	10484
each participating agency is responsible and accountable for	10485
completing the tasks necessary for successful completion of the	10486
initiative, including tasks relating to the following components	10487
of the initiative:	10488

(a) Workflow;

10489

(b) Funding;

10490

(c) Exchange of data or other information that is	10491
confidential pursuant to state or federal law.	10492

(F) An operating protocol adopted under division (D) of this	10493
section shall have the same force and effect as an interagency	10494
agreement or data sharing agreement, and each participating agency	10495
shall comply with it.	10496

(G) The director of job and family services shall determine	10497
whether a waiver of federal medicaid requirements or a medicaid	10498
state plan amendment is necessary to fulfill the requirements of	10499
this section. If the director determines a waiver or medicaid	10500
state plan amendment is necessary, the director shall apply to the	10501
United States secretary of health and human services for the	10502
waiver or amendment.	10503

Sec. 306.04. (A) Except as otherwise provided in division	10504
(B) of this section, employees of a county transit board or a	10505
board of county commissioners operating a transit system are	10506
employees of the county. If the system is operated by the board of	10507
county commissioners, the board shall appoint an executive	10508
director, who shall be in the unclassified service.	10509

(B) Any county transit board that established its own civil	10510
service organization and procedure prior to ~~the effective date of~~	10511
~~this amendment~~October 25, 1995, shall continue to operate under	10512
that organization. Appointments and promotions in that system	10513
shall be made, as far as practicable, by competitive examination.	10514

A board that established its own civil service organization	10515
prior to ~~the effective date of this amendment~~October 25, 1995,	10516
shall establish by rule the seniority provisions relating to	10517
street railway and motor bus employees in effect at the time of	10518
the acquisition of the transit system by the county. The vacation,	10519
holiday, and sick leave privileges shall not be regulated by other	10520
provisions of law relating to public employees of the state or	10521
county, except that the transit board, its officers and employees,	10522
shall be subject to the public employees retirement system of the	10523
state and the transit board shall assume any pension obligations	10524
which have been assumed by any publicly owned transit system which	10525
the county may acquire.	10526

(C) A county transit board or board of county commissioners	10527
operating a transit system may:	10528

(1) Acquire in its name by gift, grant, purchase, or	10529
condemnation and hold and operate real estate and interests	10530
therein and personal property suitable for its purposes;	10531

(2) In its name purchase, acquire, construct, enlarge,	10532
improve, equip, repair, maintain, sell, exchange, lease as lessee	10533
or lessor, receive a right of use of, and manage, control, and	10534
operate, in or out of the county, a county transit system	10535
consisting of all real estate and interests therein, personal	10536
property, and a combination thereof, for or related to the	10537
movement of persons including but not limited to street railway,	10538
tramline, subways, rapid transits, monorails, and passenger bus	10539
systems but excluding therefrom trucks, the movement of property	10540
by truck, and facilities designed for use in the movement of	10541
property by truck for hire;	10542

(3) Issue, with the approval of the county commissioners when	10543
the issuance is made by the transit board, revenue bonds of the	10544
county as provided in division (B) of section 306.09 of the	10545
Revised Code, to secure funds to accomplish its purposes. The	10546
principal of and interest on such bonds, together with all other	10547
payments required to be made by the trust agreement or indenture	10548
securing such bonds, shall be paid solely from revenues or other	10549
income accruing to the board from facilities of the county transit	10550
system designated in said agreement or indenture.	10551

(4) Enter into contracts in the exercise of the rights,	10552
powers, and duties conferred upon it, and execute all instruments	10553
necessary in the conduct of its business;	10554

(5) Fix, alter, and charge rates and other charges for the	10555
use of its real estate and interests therein, personal property,	10556
and combinations thereof;	10557

(6) Employ such financial consultants, accountants,	10558
appraisers, consulting engineers, architects, construction	10559
experts, attorneys-at-law, managers and other supervisory	10560
personnel, and other officers, employees, and agents as it	10561
determines necessary to conduct its business, and fix their	10562
compensation and duties;	10563

(7) Pledge, hypothecate, or otherwise encumber its revenues	10564
and other income as security for its obligations and enter into	10565
trust agreements or indentures for the benefit of revenue	10566
bondholders;	10567

(8) Borrow money or accept or contract to accept advances,	10568
loans, gifts, grants, devises, or bequests from and enter into	10569
contracts or agreements with any federal, state, or other	10570
governmental or private source and hold and apply advances, loans,	10571
gifts, grants, devises, or bequests according to the terms thereof	10572
including provisions which are required by such federal, state, or	10573
other governmental or private source to protect the interest of	10574
employees affected by such advances, loans, gifts, grants,	10575
devises, or bequests. Such advances, loans, gifts, grants, or	10576
devises may be subject to any reasonable reservation and any gift,	10577
grant, or devise or real estate may be in fee simple or any lesser	10578
estate. Any advances or loans received from any federal, state, or	10579
other governmental or private source may be repaid in accordance	10580
with the terms of such advance or loan.	10581

(9) Conduct investigations and surveys into the needs of the	10582
public within or without the county for transportation services to	10583
provide for the movement of persons within, into, or from the area	10584
serviced or to be serviced by the county transit system;	10585

(10) Enter into lawful arrangements with the appropriate	10586
federal or state department or agency, county, township, municipal	10587
corporation, or other political subdivision or public agency for	10588
the planning and installation of any public facilities which are	10589
determined necessary in the conduct of its business;	10590

(11) Purchase fire, extended coverage, and liability	10591
insurance for the real estate and interests therein, personal	10592
property and any combination thereof, used by or in connection	10593
with the county transit system and insurance covering the board	10594
and the county transit system and its officers and employees for	10595
liability for damage or injury to persons or property;	10596

(12) Procure and pay all or any part of the cost of group	10597
hospitalization, surgical, major medical, or sickness and accident	10598
insurance, or a combination thereof, for the officers and	10599
employees of the county transit system and their immediate	10600
dependents, issued by an insurance company, duly authorized to do	10601
business in this state;	10602

(13) Sell, lease, release, or otherwise dispose of real	10603
estate or interests therein or personal property owned by it and	10604
grant such easements across its real estate and interests therein	10605
as will not interfere with its use by the county transit system;	10606

(14) Establish rules for the use and operation of the county	10607
transit system including the real estate or interests therein,	10608
personal property or a combination of the foregoing used by or in	10609
connection with such system;	10610

(15) Exercise the power of eminent domain to appropriate any	10611
real estate or interests therein, personal property, franchises,	10612
or any combination thereof, within or without the county,	10613
necessary or proper in the exercise of its powers provided in	10614
sections 306.01 to 306.13 of the Revised Code, as provided in	10615
sections 163.01 to 163.22 of the Revised Code, and subject to	10616
divisions (15)(a), (b), and (c) of this section, provided that a	10617
county transit board or a board of county commissioners operating	10618
a transit system shall not proceed to so appropriate real property	10619
outside its territorial boundaries, until it has served at the	10620
office of the county commissioners of the county in which it is	10621
proposed to appropriate real property, a notice describing the	10622
real property to be taken and the purpose for which it is proposed	10623
to be taken, and such county commissioners have entered on their	10624
journal within thirty days after such service a resolution	10625
approving such appropriation;	10626

(a) Nothing contained in this division authorizes a county	10627
transit board or a board of county commissioners to appropriate	10628
any land, rights, rights-of-way, franchises, or easements	10629
belonging to the state or to a municipal corporation without the	10630
consent of the state or of the municipal corporation, and no	10631
county transit board or board of county commissioners shall	10632
exercise the right of eminent domain to acquire any certificate of	10633
public convenience and necessity, or any part thereof, issued to a	10634
for-hire motor ~~transportation company~~carrier by the public	10635
utilities commission of Ohio or by the ~~interstate commerce~~	10636
~~commission~~federal motor carrier safety administration of the	10637
United States, or to take or disturb other real estate or	10638
interests therein, personal property, or any combination thereof	10639
belonging to any municipal corporation without the consent of the	10640
legislative authority of such municipal corporation, or take or	10641
disturb real estate or interests therein, personal property, or	10642
any combination thereof belonging to any other political	10643
subdivision, public corporation, public utility, or common	10644
carrier, which is necessary and convenient in the operation of	10645
such political subdivision, public corporation, public utility, or	10646
common carrier unless provision is made for the restoration,	10647
relocation, or duplication of that taken or upon the election of	10648
such political subdivision, public corporation, public utility, or	10649
common carrier for the payment of compensation, if any, at the	10650
sole cost of the county transit system.	10651

(b) If any restoration or duplication proposed to be made	10652
under this division involves a relocation, the new location shall	10653
have at least comparable utilitarian value and effectiveness, and	10654
such relocation shall not impair the ability of the public utility	10655
or common carrier to compete in its original area of operation.	10656

(c) If such restoration or duplication proposed to be made	10657
under this division involves a relocation, the county transit	10658
board or board of county commissioners shall acquire no interest	10659
or right in or to the appropriated property or facility until the	10660
relocated property or facility is available for use and until	10661
marketable title thereto has been transferred to the political	10662
subdivision, public corporation, public utility, or common	10663
carrier. Nothing in this division shall require any board of	10664
county commissioners or county transit board operating a county	10665
transit system to so restore, relocate, or duplicate, if all of	10666
the real estate and interests therein, personal property, and any	10667
combination of the foregoing which is owned by a public utility or	10668
common carrier and used by it or in connection with the movement	10669
of persons, is acquired by exercise of the power of eminent	10670
domain.	10671

(16) When real property is acquired that is located outside	10672
the county and is removed from the tax duplicate, the county	10673
transit board or board of county commissioners operating a transit	10674
system shall pay annually to the county treasurer of the county in	10675
which that property is located, commencing with the first tax year	10676
in which that property is removed from the tax duplicate, an	10677
amount of money in lieu of taxes equal to the smaller of the	10678
following:	10679

(a) The last annual installment of taxes due from the	10680
acquired property before removal from the tax duplicate;	10681

(b) An amount equal to the difference between the combined	10682
revenue from real estate taxes of all the taxing districts in	10683
which the property is located in the tax year immediately prior to	10684
the removal of the acquired property from the tax duplicate, and	10685
either:	10686

(i) The total revenue which would be produced by the tax rate	10687
of each such taxing district in the tax year immediately prior to	10688
the removal of the acquired property from the tax duplicate,	10689
applied to the real estate tax duplicate of each of such taxing	10690
districts in each tax year subsequent to the year of removal; or	10691

(ii) The combined revenue from real estate taxes of all such	10692
taxing districts in each tax year subsequent to the year of	10693
removal, whichever is the greater.	10694

The county transit board or board of county commissioners may	10695
be exempted from such payment by agreement of the affected taxing	10696
district or districts in the county in which the property is	10697
located.	10698

The county auditor of the county in which that property is	10699
located shall apportion each such annual payment to each taxing	10700
district as if the annual payment had been levied and collected as	10701
a tax.	10702

Those annual payments shall never again be made after they	10703
have ceased.	10704

(17) Sue or be sued, plead or be impleaded, and be held	10705
liable in any court of proper jurisdiction for damages received by	10706
reason of negligence, in the same manner and to the same extent as	10707
if the county transit system were privately operated, provided,	10708
that no funds of a county other than those of the county transit	10709
board or, if the transit system is operated by the board of county	10710
commissioners, other than those in the account for the county	10711
transit system created under division (C) of section 306.01 of the	10712
Revised Code, shall be available for the satisfaction of judgments	10713
rendered against that system;	10714

(18) Annually prepare and make available for public	10715
inspection a report in condensed form showing the financial	10716
results of the operation of the county transit system. For systems	10717
operated by a county transit board, copies of this report shall be	10718
furnished to the county commissioners as well as a monthly summary	10719
statement of revenues and expenses for the preceding month	10720
sufficient to show the exact financial condition of the county	10721
transit system as of the last day of the preceding month.	10722

(19) With the approval of the county commissioners when the	10723
action is taken by the transit board, and without competitive	10724
bidding, sell, lease, or grant the right of use of all or a	10725
portion of the county transit system to any other political	10726
subdivision, taxing district, or other public body or agency	10727
having the power to operate a transit system;	10728

(20) Enter into and supervise franchise agreements for the	10729
operation of a county transit system;	10730

(21) Accept the assignment of and then supervise an existing	10731
franchise agreement for the operation of a county transit system.	10732

Sec. 306.36. (A) The board of trustees of a regional transit	10733
authority may exercise the power of eminent domain to appropriate	10734
any land, rights, rights-of-way, franchise, power lines,	10735
easements, or other property, within or without the territorial	10736
boundaries of the regional transit authority, necessary or proper	10737
for the construction or efficient operation of any transit	10738
facility or access thereto under its jurisdiction pursuant to the	10739
procedure provided in sections 163.01 to 163.22, inclusive, of the	10740
Revised Code, and subject to division (B) of this section,	10741
provided that a regional transit authority shall not proceed to so	10742
appropriate real property outside its territorial boundaries,	10743
until it has served at the office of the county commissioners of	10744
the county in which it is proposed to appropriate real property, a	10745
notice describing the real property to be taken and the purpose	10746
for which it is proposed to be taken, and such county	10747
commissioners have entered on their journal within thirty days	10748
after such service a resolution approving such appropriation.	10749

(B) Nothing contained in sections 306.30 to 306.53,	10750
inclusive, of the Revised Code authorizes a regional transit	10751
authority to appropriate any land, rights, rights-of-way,	10752
franchises, or easements belonging to the state or a municipal	10753
corporation without the consent of the state or municipal	10754
corporation, and no regional transit authority shall exercise the	10755
right of eminent domain to acquire any certificate of public	10756
convenience and necessity, or any part thereof, issued to a	10757
for-hire motor ~~transportation company~~carrier by the public	10758
utilities commission of Ohio or by the ~~interstate commerce~~	10759
~~commission of the United States~~federal motor carrier safety	10760
administration, or to take or disturb other property or facilities	10761
belonging to any political subdivision, public corporation, public	10762
utility, or common carrier, which property or facility is	10763
necessary and convenient in the operation of such political	10764
subdivision, public corporation, public utility, or common	10765
carrier, unless provision is made for the restoration, relocation,	10766
or duplication of such property or facility, or upon the election	10767
of such political subdivision, public corporation, public utility,	10768
or common carrier, for the payment of compensation, if any, at the	10769
sole cost of the regional transit authority, provided:	10770

(1) If any restoration or duplication of any property or	10771
facility proposed to be made under this division involves a	10772
relocation of such property or facility the new facility and	10773
location thereof shall be of at least comparable utilitarian value	10774
and effectiveness and such relocation shall not impair the ability	10775
of the public utility or common carrier to compete in its original	10776
area of operation.	10777

(2) If any restoration or duplication of any property or	10778
facility proposed to be made under this division involves a	10779
relocation of such property or facility, the regional transit	10780
authority shall acquire no interest or right in or to the	10781
appropriated property or facility until the relocated property or	10782
facility is available for use and until marketable title thereto	10783
has been transferred to the public utility or common carrier.	10784

(C) When real property is acquired which is located outside	10785
the territorial boundaries of the regional transit authority and	10786
which is removed from the tax duplicate, the regional transit	10787
authority shall pay annually to the county treasurer of the county	10788
in which such property is located, commencing with the first tax	10789
year in which such property is removed from the tax duplicate, an	10790
amount of money in lieu of taxes equal to the smaller of the	10791
following:	10792

(1) The last annual installment of taxes due from the	10793
acquired property before removal from the tax duplicate;	10794

(2) An amount equal to the difference between the combined	10795
revenue from real estate taxes of all the taxing districts in	10796
which such property is located in the tax year immediately prior	10797
to the removal of such acquired property from the tax duplicate,	10798
and either:	10799

(a) The total revenue which would be produced by the tax rate	10800
of each such taxing district in the tax year immediately prior to	10801
the removal of such acquired property from the tax duplicate,	10802
applied to the real estate tax duplicate of each of such taxing	10803
districts in each tax year subsequent to the year of removal; or	10804

(b) The combined revenue from real estate taxes of all such	10805
taxing districts in each tax year subsequent to the year of	10806
removal, whichever is the greater.	10807

The county auditor of each county in which such property is	10808
located shall apportion each such annual payment to each taxing	10809
district as if such annual payment has been levied and collected	10810
as a tax.	10811

Such annual payments shall never again be made after they	10812
have ceased.	10813

The regional transit authority may be exempted from such	10814
payment by agreement of the affected taxing district or districts	10815
in the county in which such property is located.	10816

Sec. 306.55. Beginning July 1, 2011 and until November 5,	10817
2013, the legislative authority of any municipal corporation or	10818
the board of township trustees of any township that has created or	10819
joined a regional transit authority that levies a property tax and	10820
that includes in its membership political subdivisions that are	10821
located in a county having a population of at least four hundred	10822
thousand according to the most recent federal census, may withdraw	10823
the municipal corporation or the unincorporated territory of the	10824
township from the regional transit authority in the manner	10825
provided in this section. The legislative authority ~~of the~~	10826
~~municipal corporation~~ or board of township trustees ~~of the~~	10827
~~township~~ proposing to withdraw shall adopt a resolution to submit	10828
the question of withdrawing from the regional transit authority to	10829
the electors of the ~~territory~~municipal corporation or the	10830
unincorporated area of the township to be withdrawn and shall	10831
certify the proposal to the board of elections for the purpose of	10832
having the proposal placed on the ballot at the next general	10833
election or at a special election conducted on the day of the next	10834
primary election that occurs not less than ninety days after the	10835
resolution is certified to the board of elections.	10836

Upon certification of a proposal to the board of elections	10837
pursuant to this section, the board of elections shall make the	10838
necessary arrangements for the submission of the question to the	10839
electors of the territory to be withdrawn from the regional	10840
transit authority qualified to vote on the question~~, and the~~. For	10841
a municipal corporation, the election shall be held, canvassed,	10842
and certified in the same manner as regular elections for the	10843
election of officers of the ~~subdivision~~municipal corporation	10844
proposing to withdraw from the regional transit authority, except	10845
that the question appearing on the ballot of a municipal	10846
corporation shall read:	10847

"Shall the territory within the .........................	10848
(~~Name~~name of ~~political subdivision~~municipal corporation to be	10849
withdrawn) be withdrawn from ......................... .........	10850
(~~Name~~name of) regional transit authority)?"	10851

For the unincorporated area of a township, the election shall	10852
be held, canvassed, and certified in the same manner as regular	10853
elections for the election of officers of the township, except	10854
that question shall only be presented to electors of the	10855
unincorporated area of the township and the question appearing on	10856
the ballot of the unincorporated area of the township shall read:	10857

"Shall the territory of the unincorporated area of ......	10858
(name of township to be withdrawn) be withdrawn from ...... (name	10859
of regional transit authority)?"	10860

The legislative authority of a municipal corporation or board	10861
of trustees of a township, by vote of two-thirds of all members of	10862
the legislative authority or board, may adopt a resolution and	10863
certify that resolution to the board of elections for the combined	10864
purpose of withdrawing from a regional transit authority as	10865
provided in this section and levying a property tax pursuant to	10866
division (XX) of section 5705.19 of the Revised Code for a	10867
municipal corporation and section 5705.72 of the Revised Code for	10868
a township. If the questions are combined, the question appearing	10869
on the ballot shall be as provided in section 5705.252 of the	10870
Revised Code.	10871

~~If the question is approved by at least a majority of the~~	10872
~~electors voting on the question, the withdrawal is effective six~~	10873
~~months from the date of the certification of its passage.~~	10874

The board of elections to which the resolution was certified	10875
shall certify the results of the election to the board or	10876
legislative authority of the subdivision that submitted the	10877
resolution to withdraw and to the board of trustees of the	10878
regional transit authority from which the subdivision proposed to	10879
withdraw. If the question is approved by at least a majority of	10880
the electors voting on the question, the municipal corporation's	10881
or unincorporated area of the township's membership in the	10882
regional transit authority terminates on the thirty-first day of	10883
December of the calendar year in which the election is held.	10884

If the question of withdrawing from the regional transit	10885
authority is approved, the power of the regional transit authority	10886
to levy a tax on taxable property in the affected area of the	10887
withdrawing subdivision terminates beginning with the tax year in	10888
which the election is held, and no taxes from the levy may be	10889
charged for collection against such property for that tax year.	10890

Sec. 313.121. (A) As used in this section, "parent" means	10891
either parent, except that if one parent has been designated the	10892
residential parent and legal custodian of the child, "parent"	10893
means the designated residential parent and legal custodian, and	10894
if a person other than a parent is the child's legal guardian,	10895
"parent" means the legal guardian.	10896

(B) If a child under two years of age dies suddenly when in	10897
apparent good health, the death shall be reported immediately to	10898
the coroner of the county in which the death occurred, as required	10899
by section 313.12 of the Revised Code. Except as provided in	10900
division (C) of this section, the coroner or deputy coroner shall	10901
perform an autopsy on the child. The autopsy shall be performed in	10902
accordance with ~~public health council~~ rules adopted by the	10903
director of health under section 313.122 of the Revised Code. The	10904
coroner or deputy coroner may perform research procedures and	10905
tests when performing the autopsy.	10906

(C) A coroner or deputy coroner is not required to perform an	10907
autopsy if the coroner of the county in which the death occurred	10908
or a court with jurisdiction over the deceased body determines	10909
under section 313.131 of the Revised Code that an autopsy is	10910
contrary to the religious beliefs of the child. If the coroner or	10911
the court makes such a determination, the coroner shall notify the	10912
health district or department of health with jurisdiction in the	10913
area in which the child's parent resides. For purposes of this	10914
division, the religious beliefs of the parents of a child shall be	10915
considered to be the religious beliefs of the child.	10916

(D) If the child's parent makes a written or verbal request	10917
for the preliminary results of the autopsy after the results are	10918
available, the coroner, or a person designated by ~~him~~the coroner,	10919
shall give the parent an oral statement of the preliminary	10920
results.	10921

The coroner, within a reasonable time after the final results	10922
of the autopsy are reported, shall send written notice of the	10923
results to the state department of health, the health district or	10924
department with jurisdiction in the area in which the child's	10925
parent resides, and, upon the request of a parent of the child, to	10926
the child's attending physician. Upon the written request of a	10927
parent of the child and the payment of the transcript fee required	10928
by section 313.10 of the Revised Code, the coroner shall send	10929
written notice of the final results to that parent. The notice	10930
sent to the state department of health shall include all of the	10931
information specified ~~by rule of the public health council~~in	10932
rules adopted under section 313.122 of the Revised Code.	10933

(E) On the occurrence of any of the following, the health	10934
district or department with jurisdiction in the area in which the	10935
child's parent resides shall offer the parent any counseling or	10936
other supportive services it has available:	10937

(1) When it learns through any source that an autopsy is	10938
being performed on a child under two years of age who died	10939
suddenly when in apparent good health;	10940

(2) When it receives notice that the final result of an	10941
autopsy performed pursuant to this section concluded that the	10942
child died of sudden infant death syndrome;	10943

(3) When it is notified by the coroner that, pursuant to	10944
division (C) of this section, an autopsy was not performed.	10945

(F) When a health district or department receives notice that	10946
the final result of an autopsy performed pursuant to this section	10947
concluded that the child died of sudden infant death syndrome or	10948
that, pursuant to division (C) of this section, an autopsy was not	10949
performed but sudden infant death syndrome may have been the cause	10950
of death, it shall offer the child's parent information about	10951
sudden infant death syndrome. The state department of health shall	10952
ensure that current information on sudden infant death syndrome is	10953
available for distribution by health districts and departments.	10954

Sec. 313.122. The ~~public~~director of health ~~council~~, after	10955
reviewing and considering any recommendations made by the Ohio	10956
state coroners association, shall adopt rules in accordance with	10957
Chapter 119. of the Revised Code establishing a protocol governing	10958
the performance of autopsies under section 313.121 of the Revised	10959
Code. The rules shall specify the information derived from an	10960
autopsy that a coroner is required to report to the state	10961
department of health. The ~~public health council~~director shall not	10962
amend the rules adopted under this section unless it notifies the	10963
Ohio state coroners association of the proposed changes and	10964
consults with the association.	10965

Sec. 313.16. In counties where no coroner's laboratory has	10966
been established or where the coroner's laboratory does not have	10967
the equipment or personnel to follow the protocol established by	10968
~~rule of~~in rules adopted by the ~~public~~director of health ~~council~~	10969
~~adopted~~ under section 313.122 of the Revised Code, the coroner may	10970
request a coroner of a county in which such a laboratory is	10971
established or that has a laboratory able to follow the ~~public~~	10972
~~health council's~~director's protocol to perform necessary	10973
laboratory examinations, the cost of which shall be no greater	10974
than the actual value of the services of technicians and the	10975
materials used in performing such examination. Money derived from	10976
the fees paid for these examinations shall be kept in a special	10977
fund, for the use of the coroner's laboratory, from which fund	10978
replacements can be made. Such funds shall be used to purchase	10979
necessary supplies and equipment for the laboratory and to pay any	10980
associated costs incurred in the administration of this section at	10981
the coroner's discretion.	10982

Sec. 329.01. In each county, except as provided in section	10983
329.40 of the Revised Code, there shall be a county department of	10984
job and family services which, when so established, shall be	10985
governed by this chapter. The department shall consist of a county	10986
director of job and family services appointed by the board of	10987
county commissioners, and such assistants and other employees as	10988
are necessary for the efficient performance of the functions of	10989
the county department. Before entering upon the discharge of the	10990
director's official duties, the director shall give a bond,	10991
conditioned for the faithful performance of those official duties,	10992
in such sum as fixed by the board. The director may require any	10993
assistant or employee under the director's jurisdiction to give a	10994
bond in such sum as determined by the board. All bonds given under	10995
this section shall be with a surety or bonding company authorized	10996
to do business in this state, conditioned for the faithful	10997
performance of the duties of such director, assistant, or	10998
employee. The expense or premium for any bond required by this	10999
section shall be paid from the appropriation for administrative	11000
expenses of the department. Such bond shall be deposited with the	11001
county treasurer and kept in the treasurer's office.	11002

As used in the Revised Code:

11003

(A) "County department of job and family services" means the	11004
county department of job and family services established under	11005
this section, including an entity designated a county department	11006
of job and family services under section 307.981 of the Revised	11007
Code, or ~~the~~a joint county department of job and family services	11008
established under section 329.40 of the Revised Code.	11009

(B) "County director of job and family services" means the	11010
county director of job and family services appointed under this	11011
section or under section 329.41 of the Revised Code.	11012

Sec. 329.40. (A)(1) The boards of county commissioners of	11013
~~the~~any two or more counties ~~of Hocking, Ross, and Vinton~~, by	11014
entering into a written agreement, may form a joint county	11015
department of job and family services to perform the duties,	11016
provide the services, and operate the programs required under this	11017
chapter. ~~The formation of this joint county department of job and~~	11018
~~family services is a pilot project.~~ The agreement shall be	11019
ratified by resolution of the board of county commissioners of	11020
each county that entered into the agreement. Each board of county	11021
commissioners that enters into ~~the~~an agreement shall give notice	11022
of the agreement to the Ohio department of job and family services	11023
at least ninety days before the agreement's effective date. The	11024
agreement shall take effect not earlier than the first day of the	11025
calendar quarter following the ninety-day notice period. The	11026
director of job and family services shall adopt, as an internal	11027
management rule under section 111.15 of the Revised Code, the form	11028
in which the notice shall be given.	11029

(2) The boards of county commissioners of the counties	11030
forming ~~the~~a joint county department shall constitute,	11031
collectively, the board of directors of the joint county	11032
department of job and family services. On the effective date of	11033
the agreement, the board of directors shall take control of and	11034
manage the joint county department subject to this chapter and all	11035
other sections of the Revised Code that govern the authority and	11036
responsibilities of a single board of county commissioners in the	11037
operation of a single county department of job and family	11038
services.	11039

(B)(1) ~~The~~An agreement to establish ~~the~~a joint county	11040
department shall specify all of the following:	11041

(a) The obligations of each board of county commissioners in	11042
operating the joint county department, including requiring each	11043
board to provide state, federal, and county funds to the operation	11044
of the joint county department and the schedule for provision of	11045
those funds;	11046

(b) How and which facilities, equipment, and personnel will	11047
be shared;	11048

(c) Procedures for the division of resources and obligations	11049
~~should a county~~if one or more counties withdraw from the joint	11050
county department, or ~~should~~ the department ~~cease~~ceases to exist;	11051

(d) Any contributions of participating counties establishing	11052
the joint county department and the rights of those counties in	11053
lands or personal property, or rights or interests therein,	11054
contributed to or otherwise acquired by the joint county	11055
department.	11056

(2) ~~The~~An agreement to establish ~~the~~a joint county	11057
department may set forth any or all of the following:	11058

(a) Quality, timeliness, and other standards to be met by	11059
each county;	11060

(b) Which family service programs and functions are to be	11061
included in the joint county department;	11062

(c) Procedures for the operation of the board of directors,	11063
including procedures governing the frequency of meetings and the	11064
number of members of the board required to constitute a quorum to	11065
take action;	11066

(d) Any other procedures or standards necessary for the joint	11067
county department to perform its duties and operate efficiently.	11068

(C) ~~The~~An agreement may be amended by a majority vote of the	11069
board of directors of the joint county department, but no	11070
amendment shall divest a participating county of any right or	11071
interest in lands or personal property without its consent.	11072

(D) Costs incurred in operating ~~the~~a joint county department	11073
shall be paid from a joint general fund created by the board of	11074
directors, except as may be otherwise provided in the agreement.	11075

(E) A joint county department established under this section	11076
is a public office as defined in section 117.01 of the Revised	11077
Code.	11078

Sec. 329.41. (A) The board of directors of ~~the~~a joint	11079
county department of job and family services formed under section	11080
329.40 of the Revised Code shall appoint and fix the compensation	11081
of athe director of the department. The director shall serve at	11082
the pleasure of the board of directors. Under the direction and	11083
control of the board, the director shall have full charge of the	11084
department as set forth in section 329.02 of the Revised Code for	11085
the director of a single county department of job and family	11086
services.	11087

(B) The board of directors may appoint up to three	11088
administrators to oversee services provided by the joint county	11089
department. Administrators shall be in the unclassified service.	11090

(C) Employees of ~~the~~a joint county department of job and	11091
family services shall be appointed by the director of the joint	11092
county department and, except as provided in this section, shall	11093
be in the classified service. The employees of ~~the~~a joint county	11094
department shall be considered county employees for the purposes	11095
of Chapter 124. of the Revised Code and other provisions of state	11096
law applicable to county employees. Instead of or in addition to	11097
appointing these employees, ~~the~~a board of directors may agree to	11098
use the employees of one or more of the counties that formed ~~the~~a	11099
joint county department in the service of the joint county	11100
department and to share in their compensation in any manner that	11101
may be agreed upon.	11102

(D) Notwithstanding any other section of the Revised Code, if	11103
an employee's separation from county service occurs in connection	11104
with a county joining or withdrawing from ~~the~~a joint county	11105
department of job and family services, the board of county	11106
commissioners that initially appointed the employee shall have no	11107
obligation to pay any compensation with respect to unused vacation	11108
or sick leave accrued to the credit of the employee if the	11109
employee accepts employment with the joint county department or a	11110
withdrawing county. At the effective time of separation from	11111
county service, the joint county department or the withdrawing	11112
county, as the case may be, shall assume such unused vacation and	11113
sick leave accrued to the employee's credit.	11114

Sec. 329.42. The county auditor of the county with the	11115
largest population that formed ~~the~~a joint county department of	11116
job and family services under section 329.40 of the Revised Code	11117
shall serve as the fiscal officer of the joint county department,	11118
and the county treasurer of that county shall serve as the	11119
treasurer of the joint county department, unless the counties that	11120
formed the joint county department agree to appoint the county	11121
auditor and county treasurer of another county that formed the	11122
department. In either case, these county officers shall perform	11123
any applicable duties for the joint county department as each	11124
typically performs for the county of which the individual is an	11125
officer. The board of directors of the joint county department may	11126
pay to that county any amount agreed upon by the board of	11127
directors and the board of county commissioners of that county to	11128
reimburse the county for the costs that are properly allocable to	11129
the service of its officers as fiscal officer and treasurer of the	11130
joint county department.	11131

Sec. 329.43. (A) The prosecuting attorney of the county with	11132
the largest population that formed ~~the~~a joint county department	11133
of job and family services under section 329.40 of the Revised	11134
Code shall serve as the legal advisor of the board of directors of	11135
the joint county department, unless the counties that formed the	11136
joint county department agree to appoint the prosecuting attorney	11137
of another county that formed the joint county department as legal	11138
advisor of the board. The board of directors may pay to the county	11139
of the prosecuting attorney who is the legal advisor of the board	11140
any amount agreed upon by the board of directors and the board of	11141
county commissioners of that county to reimburse that county for	11142
the costs that are properly allocable to the service of its	11143
prosecuting attorney as the legal advisor of the board of	11144
directors.	11145

(B) The prosecuting attorney shall provide such services to	11146
the board of directors as are required or authorized to be	11147
provided to other county boards under Chapter 309. of the Revised	11148
Code.	11149

(C)(1) If the board of directors of ~~the~~a joint county	11150
department wishes to employ other legal counsel on an annual basis	11151
to serve as the board's legal advisor in place of the prosecuting	11152
attorney, the board may do so with the agreement of the	11153
prosecuting attorney. If the prosecuting attorney does not agree,	11154
the board of directors may apply to the court of common pleas of	11155
the county with the largest population that formed the joint	11156
county department for authority to employ other legal counsel on	11157
an annual basis.	11158

(2) If the board of directors of ~~the~~a joint county	11159
department wishes to employ other legal counsel to represent or	11160
advise the board on a particular matter in place of the	11161
prosecuting attorney, the board may do so with the agreement of	11162
the prosecuting attorney. If the prosecuting attorney does not	11163
agree, the board of directors may apply to the court of common	11164
pleas of the county with the largest population that formed the	11165
joint county department for authority to employ other legal	11166
counsel for that particular matter.	11167

(3) The prosecuting attorney who is the legal advisor of the	11168
board of directors shall be given notice of an application filed	11169
under division (C)(1) or (2) of this section and shall be afforded	11170
an opportunity to be heard. After the hearing, the court may	11171
authorize the board of directors to employ other legal counsel on	11172
an annual basis or for a particular matter only if it finds that	11173
the prosecuting attorney refuses or is unable to provide the legal	11174
services that the board requires. If the board of directors	11175
employs other legal counsel on an annual basis or for a particular	11176
matter, the board may not require the prosecuting attorney to	11177
provide legal advice, opinions, or other legal services during the	11178
period or to the extent that the board employs the other legal	11179
counsel.	11180

Sec. 329.44. (A) AThe board of directors of ~~the~~a joint	11181
county department of job and family services formed under section	11182
329.40 of the Revised Code may acquire, by purchase or lease, real	11183
property, equipment, and systems to improve, maintain, or operate	11184
family service programs within the territory served by the joint	11185
county department. A board of county commissioners may acquire,	11186
within its county, real property or any estate, interest, or right	11187
therein, by appropriation or any other method, for use by the	11188
joint county department in connection with its provision of	11189
services. Appropriation proceedings shall be conducted in	11190
accordance with Chapter 163. of the Revised Code.	11191

(B) A board of county commissioners that formed ~~the~~a joint	11192
county department may contribute lands or rights or interests	11193
therein, money, other personal property or rights or interests	11194
therein, or services to the joint county department. The board of	11195
county commissioners may issue bonds or bond anticipation notes of	11196
the county to pay the cost of acquiring real property and of	11197
constructing, modifying, or upgrading a facility to house	11198
employees of the joint county department. The board of directors	11199
of ~~the~~a joint county department may reimburse the county for the	11200
use of such a facility if it is required to do so under the	11201
agreement entered into under section 329.40 of the Revised Code.	11202

Sec. 329.45. (A)(1) A board of county commissioners that has	11203
entered into an agreement under section 329.40 of the Revised Code	11204
establishing a joint county department of job and family services	11205
may ~~pass~~adopt a resolution requesting to withdraw from the	11206
agreement ~~establishing the joint county department of job and~~	11207
~~family services formed under section 329.40 of the Revised Code~~.	11208
Upon adopting such a resolution, the board of county commissioners	11209
shall deliver a copy of the resolution to the board of directors	11210
of the joint county department. Upon receiving the resolution, the	11211
board of directors shall deliver written notice of the requested	11212
withdrawal to the boards of county commissioners of the other	11213
county or counties that formed the joint county department. ~~Within~~	11214
Not later than thirty days after receiving the notice, each of	11215
those boards of county commissioners shall adopt a resolution	11216
either accepting the withdrawal or objecting to the withdrawal,	11217
and shall deliver a copy of the resolution to the board of	11218
directors.	11219

(2) If any of the boards of county commissioners that formed	11220
~~the~~a joint county department adopts a resolution objecting to the	11221
requested withdrawal, the board of directors shall deliver written	11222
notice of the objection to each other board of county	11223
commissioners of the counties that formed the joint county	11224
department, including the board of county commissioners of the	11225
county proposing withdrawal~~, and shall schedule~~. Not later than	11226
thirty days after sending the notice, the board of directors shall	11227
hold a meeting ~~of the board of directors to be held within thirty~~	11228
~~days~~ to discuss the objection. After the meeting, the board of	11229
directors shall determine whether the county requesting withdrawal	11230
desires to proceed with the withdrawal and, if the county does,	11231
the board of directors shall accept the withdrawal. Not later than	11232
thirty days after the determination was made, the board of	11233
directors shall deliver written notice of the withdrawal to the	11234
boards of county commissioners that formed the joint county	11235
department and to the board of county commissioners that requested	11236
withdrawal, and shall commence the withdrawal process under this	11237
section.	11238

(3) If all of the boards of county commissioners that formed	11239
~~the~~a joint county department, except for the board of county	11240
commissioners requesting the withdrawal, each adopt a resolution	11241
accepting the withdrawal, the board of directors shall declare the	11242
withdrawal to be accepted. Not later than thirty days after the	11243
declaration, the board of directors shall deliver written notice	11244
of the withdrawal to all of the boards of county commissioners	11245
that formed the joint county department, including the board of	11246
county commissioners of the county requesting withdrawal, and	11247
shall commence the withdrawal process under this section.	11248

(4) The board of directors shall give notice to the Ohio	11249
department of job and family services of the withdrawal of a	11250
county under this section at least ninety days before the	11251
withdrawal becomes final. The director of job and family services	11252
shall adopt, as an internal management rule under section 111.15	11253
of the Revised Code, the form in which the notice shall be given.	11254

(5) If a county requesting to withdraw decides to remain as a	11255
party to the agreement establishing ~~the~~a joint county department,	11256
the board of county commissioners of that county shall rescind its	11257
original resolution requesting withdrawal and shall deliver a copy	11258
of the rescission to the board of directors of the joint county	11259
department ~~within~~not later than thirty days after adopting the	11260
rescission.	11261

(B) If a county withdraws from ~~the~~an agreement under this	11262
section, the board of directors shall ascertain, apportion, and	11263
order a division of the funds on hand, credits, and real and	11264
personal property of the joint county department, either in money	11265
or in kind, on an equitable basis between the joint county	11266
department and the withdrawing county according to the agreement	11267
entered into under section 329.40 of the Revised Code and	11268
consistent with any prior contributions of the withdrawing county	11269
to the joint county department. Any debt incurred individually	11270
shall remain the responsibility of that county, unless otherwise	11271
specified in the agreement establishing the joint county	11272
department.	11273

(C) A withdrawal becomes final not earlier than the first day	11274
of the calendar quarter following the ninety-day notice period	11275
required by division (A)(4) of this section. On and after that	11276
day, the withdrawing county ceases to be a part of the joint	11277
county department, and its members of the board of directors shall	11278
cease to be members of that board.	11279

(D) If the withdrawal of one or more counties would leave	11280
only one county participating in ~~the~~a joint county department,	11281
the board of directors shall ascertain, apportion, and order a	11282
final division of the funds on hand, credits, and real and	11283
personal property of the joint county department. On and after the	11284
day on which the latest withdrawal of a county becomes final, the	11285
joint county department is dissolved. When ~~the~~a joint county	11286
department is dissolved and any indebtedness remains unpaid, the	11287
boards of county commissioners that formed the joint county	11288
department shall pay the indebtedness of the joint county	11289
department in the amounts established by the agreement at the time	11290
the indebtedness was incurred.	11291

Sec. 329.46. (A) A board of county commissioners that formed	11292
~~the~~a joint county department of job and family services under	11293
section 329.40 of the Revised Code, by adopting a resolution, may	11294
propose the removal of another county that formed the joint county	11295
department. The board of county commissioners shall send a copy of	11296
such a resolution to the board of directors of the joint county	11297
department. ~~Within~~Not later than ten days after receiving the	11298
copy of the resolution, the board of directors shall send a copy	11299
of the resolution to each board of county commissioners that	11300
formed the joint county department, except the board of county	11301
commissioners proposing removal. ~~Within~~Not later than thirty days	11302
after sending a copy of the resolution, the board of directors	11303
shall hold a hearing at which any county commissioner whose county	11304
formed the joint county department may present arguments for or	11305
against the removal. At the hearing, approval or disapproval of	11306
the removal shall be determined by a two-thirds vote of the county	11307
commissioners of the counties that formed the joint county	11308
department, with the exception of the county commissioners of the	11309
county proposed for removal.	11310

(B) The board of directors of ~~the~~a joint county department	11311
of job and family services, by adopting a resolution by a majority	11312
vote of the members of the board, may propose removal of a county	11313
that formed the joint county department. ~~Within~~Not later than ten	11314
days after adopting such a resolution, the board of directors	11315
shall send a copy of the resolution to the board of county	11316
commissioners of each county that formed the joint county	11317
department, including the board of county commissioners of the	11318
county proposed for removal. ~~Within~~Not later than thirty days	11319
after sending the copy of the resolution, the board of directors	11320
shall hold a hearing at which any member of the board may present	11321
arguments for or against the removal. At this hearing, approval or	11322
disapproval of the resolution proposing removal shall be	11323
determined by a two-thirds vote of the members of the board of	11324
directors, with the exception of the board members who represent	11325
the county proposed for removal.	11326

(C) If removal of a county is approved under this section,	11327
the board of directors shall give written notice of the approval	11328
to the Ohio department of job and family services at least ninety	11329
days before the removal takes effect. The director of job and	11330
family services shall adopt, as an internal management rule under	11331
section 111.15 of the Revised Code, the form in which the notice	11332
shall be given.	11333

(D) Removal of a county under this section shall take effect	11334
not earlier than the first day of the calendar quarter following	11335
the ninety-day notice period required by division (C) of this	11336
section.	11337

(E) If, at any time, the county proposed for removal under	11338
division (A) or (B) of this section notifies the board of	11339
directors, by a majority vote of that county's board of county	11340
commissioners, that it chooses to withdraw from the joint county	11341
department, the withdrawal procedure established under section	11342
329.45 of the Revised Code shall be put immediately into motion.	11343

Sec. 330.04. If, for the purpose of Chapter 6301. of the	11344
Revised Code, a county is the type of local area defined in	11345
division (A)(2) of section 6301.01 of the Revised Code, the board	11346
of county commissioners serving the county shall adopt a	11347
resolution establishing or designating a workforce development	11348
agency to provide workforce development activities for the county.	11349
The board shall adopt the resolution not later than July 1, 2000.	11350

The board may establish or designate any of the following as	11351
the workforce development agency:	11352

(A) The county department of job and family services;

11353

(B) A separate agency under the direct control of the board	11354
and administered by an official appointed by the board;	11355

(C) An entity serving the county on ~~the effective date of~~	11356
~~this section~~March 14, 2000, in a capacity similar to the capacity	11357
in which a workforce development agency is to serve the county on	11358
and after ~~the effective date of this section~~March 14, 2000;	11359

(D) An entity located in or outside the county that provides	11360
workforce development activities in the county on ~~the effective~~	11361
~~date of this section~~March 14, 2000;	11362

(E) Any private or government entity designated under section	11363
307.981 of the Revised Code;	11364

(F) ~~The~~A joint county department of job and family services	11365
established under section 329.40 of the Revised Code.	11366

Sec. 339.091. Before the board of county commissioners,	11367
board of county hospital trustees, or county hospital commission	11368
may enter into an initial agreement for the acquisition,	11369
operation, or lease under section 140.03, 140.05, 339.09, or	11370
339.14 of the Revised Code of a county hospital operated by a	11371
board of county hospital trustees under section 339.06 of the	11372
Revised Code, the board of county commissioners shall review the	11373
agreement. If it finds that the agreement will meet the needs of	11374
the residents of the county for hospital service, the board of	11375
county commissioners may adopt a resolution authorizing the board	11376
of county commissioners, board of county hospital trustees, or	11377
county hospital commission to enter into the agreement. On	11378
adoption of the resolution, the board of county commissioners,	11379
board of county hospital trustees, or county hospital commission	11380
may enter into the agreement.	11381

The requirements of this section do not apply to an agreement	11382
if one or more hospitals classified as general hospitals by the	11383
~~public~~director of health ~~council~~ under section 3701.07 of the	11384
Revised Code are operating in the same county as the county	11385
hospital.	11386

Sec. 340.03. (A) Subject to rules issued by the director of	11387
mental health after consultation with relevant constituencies as	11388
required by division (L) of section 5119.06 of the Revised Code,	11389
with regard to mental health services, the board of alcohol, drug	11390
addiction, and mental health services shall:	11391

(1) Serve as the community mental health planning agency for	11392
the county or counties under its jurisdiction, and in so doing it	11393
shall:	11394

(a) Evaluate the need for facilities and community mental	11395
health services;	11396

(b) In cooperation with other local and regional planning and	11397
funding bodies and with relevant ethnic organizations, assess the	11398
community mental health needs, set priorities, and develop plans	11399
for the operation of facilities and community mental health	11400
services;	11401

(c) In accordance with guidelines issued by the director of	11402
mental health after consultation with board representatives,	11403
annually develop and submit to the department of mental health a	11404
community mental health plan listing community mental health	11405
needs, including the needs of all residents of the district now	11406
residing in state mental institutions and severely mentally	11407
disabled adults, children, and adolescents; all children subject	11408
to a determination made pursuant to section 121.38 of the Revised	11409
Code; and all the facilities and community mental health services	11410
that are or will be in operation or provided during the period for	11411
which the plan will be in operation in the service district to	11412
meet such needs.	11413

The plan shall include, but not be limited to, a statement of	11414
which of the services listed in section 340.09 of the Revised Code	11415
the board intends to make available. The board must include crisis	11416
intervention services for individuals in an emergency situation in	11417
the plan and explain how the board intends to make such services	11418
available. The plan must also include a statement of the inpatient	11419
and community-based services the board proposes that the	11420
department operate, an assessment of the number and types of	11421
residential facilities needed, such other information as the	11422
department requests, and a budget for moneys the board expects to	11423
receive. The department shall approve or disapprove the plan, in	11424
whole or in part, according to the criteria developed pursuant to	11425
section 5119.61 of the Revised Code. The department's statement of	11426
approval or disapproval shall specify the inpatient and the	11427
community-based services that the department will operate for the	11428
board. Eligibility for state and federal funding shall be	11429
contingent upon an approved plan or relevant part of a plan.	11430

If a board determines that it is necessary to amend a plan or	11431
an allocation request that has been approved under division	11432
(A)(1)(c) of this section, the board shall submit a proposed	11433
amendment to the director. The director may approve or disapprove	11434
all or part of the amendment. The director shall inform the board	11435
of the reasons for disapproval of all or part of an amendment and	11436
of the criteria that must be met before the amendment may be	11437
approved. The director shall provide the board an opportunity to	11438
present its case on behalf of the amendment. The director shall	11439
give the board a reasonable time in which to meet the criteria,	11440
and shall offer the board technical assistance to help it meet the	11441
criteria.	11442

The board shall implement the plan approved by the	11443
department.	11444

(d) Promote, arrange, and implement working agreements with	11445
social agencies, both public and private, and with judicial	11446
agencies.	11447

(2) Investigate, or request another agency to investigate,	11448
any complaint alleging abuse or neglect of any person receiving	11449
services from a community mental health agency as defined in	11450
section 5122.01 of the Revised Code, or ~~from~~alleging abuse or	11451
neglect of a person with mental illness or severe mental	11452
disability residing in a residential facility licensed under	11453
section 5119.22 of the Revised Code. If the investigation	11454
substantiates the charge of abuse or neglect, the board shall take	11455
whatever action it determines is necessary to correct the	11456
situation, including notification of the appropriate authorities.	11457
Upon request, the board shall provide information about such	11458
investigations to the department.	11459

(3) For the purpose of section 5119.611 of the Revised Code,	11460
cooperate with the director of mental health in visiting and	11461
evaluating whether the services of a community mental health	11462
agency satisfy the certification standards established by rules	11463
adopted under that section;	11464

(4) In accordance with criteria established under division	11465
(E) of section 5119.61 of the Revised Code, review and evaluate	11466
the quality, effectiveness, and efficiency of services provided	11467
through its community mental health plan and submit its findings	11468
and recommendations to the department of mental health;	11469

(5) In accordance with section 5119.22 of the Revised Code,	11470
review ~~applications~~an application for a residential facility	11471
~~licenses~~license and ~~recommend~~provide to the department of	11472
mental health ~~approval or disapproval of applications~~any	11473
information about the applicant or facility that the board would	11474
like the department to consider in reviewing the application;	11475

(6) Audit, in accordance with rules adopted by the auditor of	11476
state pursuant to section 117.20 of the Revised Code, at least	11477
annually all programs and services provided under contract with	11478
the board. In so doing, the board may contract for or employ the	11479
services of private auditors. A copy of the fiscal audit report	11480
shall be provided to the director of mental health, the auditor of	11481
state, and the county auditor of each county in the board's	11482
district.	11483

(7) Recruit and promote local financial support for mental	11484
health programs from private and public sources;	11485

(8)(a) Enter into contracts with public and private	11486
facilities for the operation of facility services included in the	11487
board's community mental health plan and enter into contracts with	11488
public and private community mental health agencies for the	11489
provision of community mental health services that are listed in	11490
section 340.09 of the Revised Code and included in the board's	11491
community mental health plan. The board may not contract with a	11492
community mental health agency to provide community mental health	11493
services included in the board's community mental health plan	11494
unless the services are certified by the director of mental health	11495
under section 5119.611 of the Revised Code. Section 307.86 of the	11496
Revised Code does not apply to contracts entered into under this	11497
division. In contracting with a community mental health agency, a	11498
board shall consider the cost effectiveness of services provided	11499
by that agency and the quality and continuity of care, and may	11500
review cost elements, including salary costs, of the services to	11501
be provided. A utilization review process shall be established as	11502
part of the contract for services entered into between a board and	11503
a community mental health agency. The board may establish this	11504
process in a way that is most effective and efficient in meeting	11505
local needs. Until July 1, 2012, a contract with a community	11506
mental health agency or facility, as defined in section 5111.023	11507
of the Revised Code, to provide services listed in division (B) of	11508
that section shall provide for the agency or facility to be paid	11509
in accordance with the contract entered into between the	11510
departments of job and family services and mental health under	11511
section 5111.91 of the Revised Code and any rules adopted under	11512
division (A) of section 5119.61 of the Revised Code.	11513

If either the board or a facility or community mental health	11514
agency with which the board contracts under division (A)(8)(a) of	11515
this section proposes not to renew the contract or proposes	11516
substantial changes in contract terms, the other party shall be	11517
given written notice at least one hundred twenty days before the	11518
expiration date of the contract. During the first sixty days of	11519
this one hundred twenty-day period, both parties shall attempt to	11520
resolve any dispute through good faith collaboration and	11521
negotiation in order to continue to provide services to persons in	11522
need. If the dispute has not been resolved sixty days before the	11523
expiration date of the contract, either party may ~~request that~~	11524
notify the department of mental health of the unresolved dispute.	11525
The director may require both parties to submit the dispute to a	11526
third party with the cost to be shared by the board and the	11527
facility or community mental health agency. The third party shall	11528
issue to the board ~~and~~, the facility or agency, and the department	11529
recommendations on how the dispute may be resolved twenty days	11530
prior to the expiration date of the contract, unless both parties	11531
agree to a time extension. The director shall adopt rules	11532
establishing the procedures of this dispute resolution process.	11533

(b) With the prior approval of the director of mental health,	11534
a board may operate a facility or provide a community mental	11535
health service as follows, if there is no other qualified private	11536
or public facility or community mental health agency that is	11537
immediately available and willing to operate such a facility or	11538
provide the service:	11539

(i) In an emergency situation, any board may operate a	11540
facility or provide a community mental health service in order to	11541
provide essential services for the duration of the emergency;	11542

(ii) In a service district with a population of at least one	11543
hundred thousand but less than five hundred thousand, a board may	11544
operate a facility or provide a community mental health service	11545
for no longer than one year;	11546

(iii) In a service district with a population of less than	11547
one hundred thousand, a board may operate a facility or provide a	11548
community mental health service for no longer than one year,	11549
except that such a board may operate a facility or provide a	11550
community mental health service for more than one year with the	11551
prior approval of the director and the prior approval of the board	11552
of county commissioners, or of a majority of the boards of county	11553
commissioners if the district is a joint-county district.	11554

The director shall not give a board approval to operate a	11555
facility or provide a community mental health service under	11556
division (A)(8)(b)(ii) or (iii) of this section unless the	11557
director determines that it is not feasible to have the department	11558
operate the facility or provide the service.	11559

The director shall not give a board approval to operate a	11560
facility or provide a community mental health service under	11561
division (A)(8)(b)(iii) of this section unless the director	11562
determines that the board will provide greater administrative	11563
efficiency and more or better services than would be available if	11564
the board contracted with a private or public facility or	11565
community mental health agency.	11566

The director shall not give a board approval to operate a	11567
facility previously operated by a person or other government	11568
entity unless the board has established to the director's	11569
satisfaction that the person or other government entity cannot	11570
effectively operate the facility or that the person or other	11571
government entity has requested the board to take over operation	11572
of the facility. The director shall not give a board approval to	11573
provide a community mental health service previously provided by a	11574
community mental health agency unless the board has established to	11575
the director's satisfaction that the agency cannot effectively	11576
provide the service or that the agency has requested the board	11577
take over providing the service.	11578

The director shall review and evaluate a board's operation of	11579
a facility and provision of community mental health service under	11580
division (A)(8)(b) of this section.	11581

Nothing in division (A)(8)(b) of this section authorizes a	11582
board to administer or direct the daily operation of any facility	11583
or community mental health agency, but a facility or agency may	11584
contract with a board to receive administrative services or staff	11585
direction from the board under the direction of the governing body	11586
of the facility or agency.	11587

(9) Approve fee schedules and related charges or adopt a unit	11588
cost schedule or other methods of payment for contract services	11589
provided by community mental health agencies in accordance with	11590
guidelines issued by the department as necessary to comply with	11591
state and federal laws pertaining to financial assistance;	11592

(10) Submit to the director and the county commissioners of	11593
the county or counties served by the board, and make available to	11594
the public, an annual report of the programs under the	11595
jurisdiction of the board, including a fiscal accounting;	11596

(11) Establish, to the extent resources are available, a	11597
community support system, which provides for treatment, support,	11598
and rehabilitation services and opportunities. The essential	11599
elements of the system include, but are not limited to, the	11600
following components in accordance with section 5119.06 of the	11601
Revised Code:	11602

(a) To locate persons in need of mental health services to	11603
inform them of available services and benefits mechanisms;	11604

(b) Assistance for clients to obtain services necessary to	11605
meet basic human needs for food, clothing, shelter, medical care,	11606
personal safety, and income;	11607

(c) Mental health care, including, but not limited to,	11608
outpatient, partial hospitalization, and, where appropriate,	11609
inpatient care;	11610

(d) Emergency services and crisis intervention;

11611

(e) Assistance for clients to obtain vocational services and	11612
opportunities for jobs;	11613

(f) The provision of services designed to develop social,	11614
community, and personal living skills;	11615

(g) Access to a wide range of housing and the provision of	11616
residential treatment and support;	11617

(h) Support, assistance, consultation, and education for	11618
families, friends, consumers of mental health services, and	11619
others;	11620

(i) Recognition and encouragement of families, friends,	11621
neighborhood networks, especially networks that include racial and	11622
ethnic minorities, churches, community organizations, and	11623
meaningful employment as natural supports for consumers of mental	11624
health services;	11625

(j) Grievance procedures and protection of the rights of	11626
consumers of mental health services;	11627

(k) Case management, which includes continual individualized	11628
assistance and advocacy to ensure that needed services are offered	11629
and procured.	11630

(12) Designate the treatment program, agency, or facility for	11631
each person involuntarily committed to the board pursuant to	11632
Chapter 5122. of the Revised Code and authorize payment for such	11633
treatment. The board shall provide the least restrictive and most	11634
appropriate alternative that is available for any person	11635
involuntarily committed to it and shall assure that the services	11636
listed in section 340.09 of the Revised Code are available to	11637
severely mentally disabled persons residing within its service	11638
district. The board shall establish the procedure for authorizing	11639
payment for services, which may include prior authorization in	11640
appropriate circumstances. The board may provide for services	11641
directly to a severely mentally disabled person when life or	11642
safety is endangered and when no community mental health agency is	11643
available to provide the service.	11644

(13) Establish a method for evaluating referrals for	11645
involuntary commitment and affidavits filed pursuant to section	11646
5122.11 of the Revised Code in order to assist the probate	11647
division of the court of common pleas in determining whether there	11648
is probable cause that a respondent is subject to involuntary	11649
hospitalization and what alternative treatment is available and	11650
appropriate, if any;	11651

(14) Ensure that apartments or rooms built, subsidized,	11652
renovated, rented, owned, or leased by the board or a community	11653
mental health agency have been approved as meeting minimum fire	11654
safety standards and that persons residing in the rooms or	11655
apartments are receiving appropriate and necessary services,	11656
including culturally relevant services, from a community mental	11657
health agency. This division does not apply to residential	11658
facilities licensed pursuant to section 5119.22 of the Revised	11659
Code.	11660

(15) Establish a mechanism for involvement of consumer	11661
recommendation and advice on matters pertaining to mental health	11662
services in the alcohol, drug addiction, and mental health service	11663
district;	11664

(16) Perform the duties ~~under section 5119.88 of the Revised~~	11665
~~Code~~ required by rules adopted under section 5119.61 of the	11666
Revised Code regarding referrals by the board or mental health	11667
agencies under contract with the board of individuals with mental	11668
illness or severe mental disability to ~~adult care~~residential	11669
facilities as defined in division (A)(9)(b) of section 5119.22 of	11670
the Revised Code and effective arrangements for ongoing mental	11671
health services for the individuals. The board is accountable in	11672
the manner specified in the rules for ensuring that the ongoing	11673
mental health services are effectively arranged for the	11674
individuals.	11675

(B) The board shall establish such rules, operating	11676
procedures, standards, and bylaws, and perform such other duties	11677
as may be necessary or proper to carry out the purposes of this	11678
chapter.	11679

(C) A board of alcohol, drug addiction, and mental health	11680
services may receive by gift, grant, devise, or bequest any	11681
moneys, lands, or property for the benefit of the purposes for	11682
which the board is established, and may hold and apply it	11683
according to the terms of the gift, grant, or bequest. All money	11684
received, including accrued interest, by gift, grant, or bequest	11685
shall be deposited in the treasury of the county, the treasurer of	11686
which is custodian of the alcohol, drug addiction, and mental	11687
health services funds to the credit of the board and shall be	11688
available for use by the board for purposes stated by the donor or	11689
grantor.	11690

(D) No board member or employee of a board of alcohol, drug	11691
addiction, and mental health services shall be liable for injury	11692
or damages caused by any action or inaction taken within the scope	11693
of the board member's official duties or the employee's	11694
employment, whether or not such action or inaction is expressly	11695
authorized by this section, section 340.033, or any other section	11696
of the Revised Code, unless such action or inaction constitutes	11697
willful or wanton misconduct. Chapter 2744. of the Revised Code	11698
applies to any action or inaction by a board member or employee of	11699
a board taken within the scope of the board member's official	11700
duties or employee's employment. For the purposes of this	11701
division, the conduct of a board member or employee shall not be	11702
considered willful or wanton misconduct if the board member or	11703
employee acted in good faith and in a manner that the board member	11704
or employee reasonably believed was in or was not opposed to the	11705
best interests of the board and, with respect to any criminal	11706
action or proceeding, had no reasonable cause to believe the	11707
conduct was unlawful.	11708

(E) The meetings held by any committee established by a board	11709
of alcohol, drug addiction, and mental health services shall be	11710
considered to be meetings of a public body subject to section	11711
121.22 of the Revised Code.	11712

Sec. 340.05. A community mental health agency that receives	11713
a complaint ~~under section 5119.87 of the Revised Code~~ alleging	11714
abuse or neglect of an individual with mental illness or severe	11715
mental disability who resides in ~~an adult care~~a residential	11716
facility as defined in division (A)(9)(b) of section 5119.22 of	11717
the Revised Code shall report the complaint to the board of	11718
alcohol, drug addiction, and mental health services serving the	11719
alcohol, drug addiction, and mental health service district in	11720
which the ~~adult care~~residential facility is located. A board of	11721
alcohol, drug addiction, and mental health services that receives	11722
such a complaint or a report from a community mental health agency	11723
of such a complaint shall report the complaint to the director of	11724
mental health for the purpose of the director conducting an	11725
investigation under section ~~5119.87~~5119.22 of the Revised Code.	11726
The board may enter the ~~adult care~~ facility with or without the	11727
director and, if the health and safety of a resident is in	11728
immediate danger, take any necessary action to protect the	11729
resident. The board's action shall not violate any resident's	11730
rights ~~under section 5119.81 of the Revised Code and~~specified in	11731
rules adopted by the department of mental health under ~~sections~~	11732
~~5119.70 to 5119.88~~section 5119.22 of the Revised Code. The board	11733
shall immediately report to the director regarding the board's	11734
actions under this section.	11735

Sec. 340.091. Each board of alcohol, drug addiction, and	11736
mental health services shall contract with a community mental	11737
health agency under division (A)(7)(a) of section 340.03 of the	11738
Revised Code for the agency to do all of the following in	11739
accordance with rules adopted under section 5119.61 of the Revised	11740
Code for an individual referred to the agency under division	11741
~~(C)~~(D)(2) of section 5119.69 of the Revised Code:	11742

(A) Assess the individual ~~to determine whether to recommend~~	11743
~~that a residential state supplement administrative agency~~	11744
~~designated under section 5119.69 of the Revised Code determine~~	11745
and, if the agency determines that the environment in which the	11746
individual will be living while receiving residential state	11747
supplement payments is appropriate for the individual's needs ~~and,~~	11748
~~if it determines the environment is appropriate~~, issue ~~the~~a	11749
recommendation to the referring residential state supplement	11750
administrative agency that the referring agency should conclude	11751
that the living environment is appropriate when it makes its	11752
determination regarding the appropriateness of the environment;	11753

(B) Provide ongoing monitoring to ensure that services	11754
provided under section 340.09 of the Revised Code are available to	11755
the individual;	11756

(C) Provide discharge planning to ensure the individual's	11757
earliest possible transition to a less restrictive environment.	11758

Sec. 505.59. The board of township trustees of a township	11759
that withdraws or proposes by resolution to withdraw the	11760
unincorporated territory of the township from a regional transit	11761
authority under section 306.55 of the Revised Code may levy a tax	11762
on taxable property in the unincorporated area of the township	11763
under section 5705.72 of the Revised Code to provide	11764
transportation services for the movement of persons within, from,	11765
or to the unincorporated area of the township.	11766

Sec. 705.18. An annual appropriation ordinance shall be	11767
prepared by the legislative authority of a municipal corporation	11768
from estimates submitted by the mayor, the ~~chairman~~chairperson of	11769
the commission, or the city manager, as the case may be, in the	11770
manner provided in section 705.17 of the Revised Code for the	11771
annual tax ordinance. The annual appropriation ordinance shall be	11772
submitted to the legislative authority at its first meeting in	11773
~~January~~after the beginning of the municipal corporation's fiscal	11774
year, and the total of any appropriation ordinance passed by such	11775
legislative authority shall not exceed the total balances carried	11776
over from the previous fiscal year plus the estimated revenue of	11777
the current fiscal year. Supplemental appropriations shall not be	11778
made during the current fiscal year except from an contingent fund	11779
regularly set aside by the legislative authority in the annual	11780
appropriation ordinance or unless by an ordinance passed as an	11781
emergency measure.	11782

Sec. 749.04. When the legislative authority of a municipal	11783
corporation enters upon and takes possession of grounds purchased,	11784
appropriated, or otherwise obtained for hospital purposes, and, by	11785
resolution or ordinance, determines to erect thereon or rebuild a	11786
hospital, the erection and repair thereof or any addition thereto	11787
shall be vested in ~~a board of five commissioners, called~~ the board	11788
of hospital commissioners, as established under this section.	11789

Such board shall consist of the mayor~~, who, by virtue of his~~	11790
~~office, shall be its president,~~ and ~~four~~at least three trustees,	11791
to be appointed by the mayor with the consent of the legislative	11792
authority. The members of such board shall be resident freehold	11793
electors of the municipal corporation, and they shall receive no	11794
compensation for their services.	11795

Sec. 749.05. The term of office of the appointed members of	11796
the board of hospital commissioners shall be four years, but the	11797
members first appointed shall hold their offices, respectively, as	11798
determined by lot at the first meeting of the board, for the	11799
periods of one, two, three, and four years, and thereafter one	11800
member shall be appointed each year for the full term of four	11801
years. AThe mayor with the consent of the legislative authority	11802
shall fill any vacancy on the board of hospital commissioners not	11803
later than sixty days after the vacancy occurs. If the vacancy	11804
remains unfilled on that date, the legislative authority shall	11805
have thirty additional days to fill the vacancy. If the vacancy	11806
remains unfilled for ninety days after the vacancy occurs, the	11807
remaining members of the board, by majority vote, shall appoint an	11808
individual to fill the vacancy. Any member appointed to fill a	11809
vacancy occurring prior to the expiration date of the term for	11810
which the member's predecessor was appointed shall hold office as	11811
a member for the remainder of that term.	11812

A majority of the board shall constitute a quorum.

11813

Sec. 749.18. If an agreement under section 749.16 of the	11814
Revised Code concerns or includes participation of a joint	11815
township hospital district, or of a county, in the maintenance and	11816
operation of a municipal hospital, the municipal corporation may	11817
establish a board of governors to exercise, subject to such	11818
further limitations as are imposed by the agreement, the powers	11819
vested in the board of hospital commissioners, provided that any	11820
such limitations shall not deny the board of governors the	11821
authority to retain counsel, to institute legal action in its own	11822
name, or to employ any other lawful means, for the collection of	11823
delinquent accounts. The board of governors may include in its	11824
membership representatives of a participating district who are	11825
electors of the district, or of a participating county who are	11826
electors of that county or an adjacent county, as are provided for	11827
in the agreement.	11828

Except as otherwise provided in this section, the municipal	11829
members of the board of governors shall consist of the mayor~~, who~~	11830
~~by virtue of that office shall be its president,~~ and ~~four~~at least	11831
three resident freeholders of the municipal corporation, at least	11832
one of whom shall be a doctor of medicine, to be appointed by the	11833
mayor with the consent of the legislative authority. However, if	11834
necessary to secure qualified individuals to serve on the board of	11835
governors, the municipal members of the board may be residents of	11836
the county in which the municipal corporation is located or of an	11837
adjacent county. ~~The~~	11838

The term of office of ~~those~~ municipal members of the board of	11839
governors shall be as provided in section 749.05 of the Revised	11840
Code and vacancies on the board with respect to those members	11841
shall be filled as provided in that section. Unless otherwise	11842
provided in the agreement, any vacancy on the board with respect	11843
to a member appointed by a participating joint township hospital	11844
district or county shall be filled by the appointing body not	11845
later than ninety days after the vacancy occurs and if the vacancy	11846
remains unfilled on that date, the remaining members of the board,	11847
by majority vote, shall appoint an individual to fill the vacancy.	11848
Unless otherwise provided in the agreement, vacancies on the board	11849
with respect to any other members shall be filled by the remaining	11850
members of the board, by majority vote. Any member appointed to	11851
fill a vacancy occurring prior to the expiration date of the term	11852
for which the member's predecessor was appointed shall hold office	11853
as a member for the remainder of that term.	11854

The board of governors, subject to the terms of the	11855
agreement, shall establish regulations and elect officers~~, other~~	11856
~~than president,~~ as its members determine. The members shall be	11857
entitled to the compensation for their services provided by the	11858
agreement.	11859

Sec. 901.53. (A) As used in this section, "agricultural	11860
structure" means any building or structure that is used in	11861
production, growing, harvesting, or housing for the purposes of	11862
agriculture.	11863

(B) With regard to fire prevention and safety, agriculture	11864
and agricultural structures are subject only to the state fire	11865
code established in rules adopted under section 3737.82 of the	11866
Revised Code and not to any other requirements governing fire	11867
prevention and safety.	11868

Sec. 901.54. ~~(A)~~ There is hereby created the office of	11869
farmland preservation within the department of agriculture. The	11870
office shall do all of the following:	11871

~~(1)~~(A) Prepare guidelines and criteria for use in the	11872
development of comprehensive local land use plans that encourage	11873
the efficient use of public infrastructure and the preservation of	11874
farmland;	11875

~~(2)~~(B) Establish a farmland preservation program to	11876
coordinate and assist local farmland preservation initiatives;	11877

~~(3) Administer the pilot farmland preservation fund~~	11878
~~established in division (B) of this section;~~	11879

~~(4)~~(C) Educate existing agencies and organizations on the	11880
importance of farmland preservation and on the significance of	11881
agriculture and agribusiness to this state's economy;	11882

~~(5)~~(D) Serve as a liaison with other farmland preservation	11883
entities operating on a state, regional, or national level;	11884

~~(6)~~(E) Prepare an inventory of farmland within this state to	11885
monitor the development of lands within this state having prime	11886
soils or unique microclimates.	11887

~~(B) There is hereby created in the state treasury the pilot~~	11888
~~farmland preservation fund consisting of moneys received by the~~	11889
~~office of farmland preservation for the purposes of the fund. The~~	11890
~~fund shall be administered by the office of farmland preservation.~~	11891
~~Moneys in the fund shall be used to leverage or match other~~	11892
~~farmland preservation funds provided from federal, local, or~~	11893
~~private sources.~~	11894

Sec. 924.51. (A) There is hereby created the Ohio grape	11896
industries committee consisting of nine members. The members shall	11897
be the director of agriculture or the director's designee, who	11898
shall chair the committee, the superintendent of liquor control or	11899
the superintendent's designee, the chief of the division of	11900
markets of the department of agriculture, the viticulture	11901
extension specialist of the Ohio agricultural research and	11902
development center, who shall be a nonvoting member, and five	11903
members who shall be residents of this state and appointed by the	11904
director of agriculture in accordance with division (B) of this	11905
section. At no time shall the director appoint more than five	11906
members to the committee.	11907

(B) Of the five members of the committee appointed by the	11908
director of agriculture, not less than two, but not more than	11909
three shall be persons who receive ~~the major portion of their~~	11910
income from the production of grapes or grape products. ~~The term~~	11911
~~of one of these members shall begin January 1, 1982, and end~~	11912
~~December 31, 1982, and the second member's term shall begin~~	11913
~~January 1, 1982, and end December 31, 1983. Two~~Not less than two,	11914
but not more than three members shall be persons who receive ~~the~~	11915
~~major portion of their~~ income from the production of wine from raw	11916
grape or fruit products in either raw fruit or fresh juice form.	11917
The ~~term of one of these members shall begin January 1, 1982, and~~	11918
~~end December 31, 1982, and the second member's term shall begin~~	11919
~~January 1, 1982, and end December 31, 1983. One member shall be a~~	11920
~~person the major portion of whose income is from the production of~~	11921
~~grape products other than wine, such as juice, jams, or jellies;~~	11922
~~that member's term shall begin January 1, 1982, and end December~~	11923
~~31, 1984. Thereafter, the~~ terms for each appointed member of the	11924
committee shall be for three years, commencing on the first day of	11925
January and ending on the thirty-first day of December. No	11926
appointed member shall serve more than two consecutive terms. The	11927
director may remove any appointed member for cause.	11928

(C) Members shall be appointed to fill vacancies caused by	11929
death, resignation, or removal in the same manner prescribed for	11930
regular appointment to the committee. Any member appointed to fill	11931
a vacancy occurring prior to the expiration of the term for which	11932
the member's predecessor was appointed shall hold office for the	11933
remainder of the term. Any member shall continue in office	11934
subsequent to the expiration date of that member's term until that	11935
member's successor takes office, or until a period of ~~sixty~~one	11936
hundred eighty days has elapsed, whichever occurs first.	11937

(D) All members of the committee are entitled to their actual	11938
and necessary expenses incurred in the performance of their duties	11939
as members, payable from moneys received from the Ohio grape	11940
industries fund created under section 924.54 of the Revised Code.	11941

(E) A majority of the committee constitutes a quorum.

11942

Sec. 955.16. (A) Dogs that have been seized by the county	11943
dog warden and impounded shall be kept, housed, and fed for three	11944
days for the purpose of redemption, as provided by section 955.18	11945
of the Revised Code, unless any of the following applies:	11946

(1) Immediate humane destruction of the dog is necessary	11947
because of obvious disease or injury. If the diseased or injured	11948
dog is registered, as determined from the current year's	11949
registration list maintained by the warden and the county auditor	11950
of the county where the dog is registered, the necessity of	11951
destroying the dog shall be certified by a licensed veterinarian	11952
or a registered veterinary technician. If the dog is not	11953
registered, the decision to destroy it shall be made by the	11954
warden.	11955

(2) The dog is currently registered on the registration list	11956
maintained by the warden and the auditor of the county where the	11957
dog is registered and the attempts to notify the owner, keeper, or	11958
harborer under section 955.12 of the Revised Code have failed, in	11959
which case the dog shall be kept, housed, and fed for fourteen	11960
days for the purpose of redemption.	11961

(3) The warden has contacted the owner, keeper, or harborer	11962
under section 955.12 of the Revised Code, and the owner, keeper,	11963
or harborer has requested that the dog remain in the pound or	11964
animal shelter until the owner, harborer, or keeper redeems the	11965
dog. The time for such redemption shall be not more than	11966
forty-eight hours following the end of the appropriate redemption	11967
period.	11968

At any time after such periods of redemption, any dog not	11969
redeemed shall be donated to any nonprofit special agency that is	11970
engaged in the training of any type of assistance dogs and that	11971
requests that the dog be donated to it. Any dog not redeemed that	11972
is not requested by such an agency may be sold, except that no dog	11973
sold to a person other than a nonprofit teaching or research	11974
institution or organization of the type described in division (B)	11975
of this section shall be discharged from the pound or animal	11976
shelter until the animal has been registered and furnished with a	11977
valid registration tag.	11978

(B) Any dog that is not redeemed within the applicable period	11979
as specified in this section or section 955.12 of the Revised Code	11980
from the time notice is mailed to its owner, keeper, or harborer	11981
or is posted at the pound or animal shelter, as required by	11982
section 955.12 of the Revised Code, and that is not required to be	11983
donated to a nonprofit special agency engaged in the training of	11984
any type of assistance dogs may, upon payment to the dog warden or	11985
poundkeeper of the sum of three dollars, be sold to any nonprofit	11986
Ohio institution or organization that is certified by the ~~Ohio~~	11987
~~public~~director of health ~~council~~ as being engaged in teaching or	11988
research concerning the prevention and treatment of diseases of	11989
human beings or animals. Any dog that is donated to a nonprofit	11990
special agency engaged in the training of any type of assistance	11991
dogs in accordance with division (A) of this section and any dog	11992
that is sold to any nonprofit teaching or research institution or	11993
organization shall be discharged from the pound or animal shelter	11994
without registration and may be kept by the agency or by the	11995
institution or organization without registration so long as the	11996
dog is being trained, or is being used for teaching and research	11997
purposes.	11998

Any institution or organization certified by the ~~Ohio public~~	11999
~~health council~~director that obtains dogs for teaching and	12000
research purposes pursuant to this section shall, at all	12001
reasonable times, make the dogs available for inspection by agents	12002
of the Ohio humane society, appointed pursuant to section 1717.04	12003
of the Revised Code, and agents of county humane societies,	12004
appointed pursuant to section 1717.06 of the Revised Code, in	12005
order that the agents may prevent the perpetration of any act of	12006
cruelty, as defined in section 1717.01 of the Revised Code, to the	12007
dogs.	12008

(C) Any dog that the dog warden or poundkeeper is unable to	12009
dispose of, in the manner provided by this section and section	12010
955.18 of the Revised Code, may be humanely destroyed, except that	12011
no dog shall be destroyed until twenty-four hours after it has	12012
been offered to a nonprofit teaching or research institution or	12013
organization, as provided in this section, that has made a request	12014
for dogs to the dog warden or poundkeeper.	12015

(D) An owner of a dog that is wearing a valid registration	12016
tag who presents the dog to the dog warden or poundkeeper may	12017
specify in writing that the dog shall not be offered to a	12018
nonprofit teaching or research institution or organization, as	12019
provided in this section.	12020

(E) A record of all dogs impounded, the disposition of the	12021
same, the owner's name and address, if known, and a statement of	12022
costs assessed against the dogs shall be kept by the poundkeeper,	12023
and the poundkeeper shall furnish a transcript thereof to the	12024
county treasurer quarterly.	12025

A record of all dogs received and the source that supplied	12026
them shall be kept, for a period of three years from the date of	12027
acquiring the dogs, by all institutions or organizations engaged	12028
in teaching or research concerning the prevention and treatment of	12029
diseases of human beings or animals.	12030

(F) No person shall destroy any dog by the use of a high	12031
altitude decompression chamber or by any method other than a	12032
method that immediately and painlessly renders the dog initially	12033
unconscious and subsequently dead.	12034

Sec. 955.26. Whenever, in the judgment of the director of	12035
health, any city or general health district board of health, or	12036
persons performing the duties of a board of health, rabies is	12037
prevalent, the director of health, the board, or those persons	12038
shall declare a quarantine of all dogs in the health district or	12039
in a part of it. During the quarantine, the owner, keeper, or	12040
harborer of any dog shall keep it confined on the premises of the	12041
owner, keeper, or harborer, or in a suitable pound or kennel, at	12042
the expense of the owner, keeper, or harborer, except that a dog	12043
may be permitted to leave the premises of its owner, keeper, or	12044
harborer if it is under leash or under the control of a	12045
responsible person. The quarantine order shall be considered an	12046
emergency and need not be published.	12047

When the quarantine has been declared, the director of	12048
health, the board, or those persons may require vaccination for	12049
rabies of all dogs within the health district or part of it. Proof	12050
of rabies vaccination within a satisfactory period shall be	12051
demonstrated to the county auditor before any registration is	12052
issued under section 955.01 of the Revised Code for any dog that	12053
is required to be vaccinated.	12054

The ~~public health council~~director shall determine	12055
appropriate methods of rabies vaccination and satisfactory periods	12056
for purposes of quarantines under this section.	12057

When a quarantine of dogs has been declared in any health	12058
district or part of a health district, the county dog warden and	12059
all other persons having the authority of police officers shall	12060
assist the health authorities in enforcing the quarantine order.	12061
When rabies vaccination has been declared compulsory in any health	12062
district or part of a health district, the dog warden shall assist	12063
the health authorities in enforcing the vaccination order.	12064

Notwithstanding the provisions of this section, a city or	12065
general health district board of health may make orders pursuant	12066
to sections 3709.20 and 3709.21 of the Revised Code requiring the	12067
vaccination of dogs.	12068

Sec. 991.02. (A) There is hereby created the Ohio	12069
expositions commission, which shall consist of the following	12070
~~thirteen~~fourteen members: nine members appointed by the governor	12071
with the advice and consent of the senate; the director of	12072
development, the director of natural resources, and the director	12073
of agriculture, or their designated representatives, who shall be	12074
ex officio members with voting rights of ~~such~~the commission; and	12075
the ~~chairman~~chairperson of the standing committee in the house of	12076
representatives to which matters dealing with agriculture are	12077
generally referred and the ~~chairman~~chairperson of the standing	12078
committee in the senate to which matters dealing with agriculture	12079
are generally referred, who shall be nonvoting members. If the	12080
senate is not in session, recess appointments shall be made by the	12081
governor.	12082

(B) Of the nine members of the commission appointed by the	12083
governor, not more than five shall be from one political party, at	12084
least three members shall receive the major portion of their	12085
income from farming, and at least one member shall, at the time of	12086
~~his~~ appointment, be a member of the board of directors of an	12087
agricultural society ~~which~~that was organized in compliance with	12088
section 1711.01 or 1711.02 of the Revised Code. Terms of office	12089
shall be for six years, commencing on the second day of December	12090
and ending on the first day of December. Each member shall hold	12091
office from the date of ~~his~~ appointment until the end of the term	12092
for which hethe member was appointed. Any member appointed to	12093
fill a vacancy occurring prior to the expiration of the term for	12094
which ~~his~~the member's predecessor was appointed shall hold office	12095
for the remainder of ~~such~~that term. Any member shall continue in	12096
office subsequent to the expiration date of ~~his~~the member's term	12097
until ~~his~~the member's successor takes office, or until a period	12098
of sixty days has elapsed, whichever occurs first.	12099

The term of each nonvoting, legislative member of the	12100
commission shall be for two years or until the end of the member's	12101
legislative term, whichever occurs first.	12102

(C) The commission shall annually, during the month of	12103
December, select from among its members a ~~chairman~~chairperson, a	12104
~~vice-chairman~~vice-chairperson, who in the absence of the ~~chairman~~	12105
chairperson shall carry out ~~his~~the chairperson's duties, and a	12106
secretary, who may be a member or employee of the commission, to	12107
record the minutes of its meetings and to carry out such other	12108
duties as may be assigned by the commission, its ~~chairman~~	12109
chairperson, or ~~vice-chairman~~its vice-chairperson.	12110

(D) The director of agriculture, the director of natural	12111
resources, and the director of development, or their designated	12112
representatives, and the two legislators appointed to the	12113
commission, as members of the commission shall serve without	12114
compensation.	12115

(E) Each of the members of the commission appointed by the	12116
governor shall be paid the rate established pursuant to division	12117
(J) of section 124.15 of the Revised Code. All members of the	12118
commission are entitled to their actual and necessary expenses	12119
incurred in the performance of their duties as such members,	12120
payable from the appropriations for the commission.	12121

(F) The commission shall hold at least one regular meeting in	12122
each quarter of each calendar year, and shall keep a record of its	12123
proceedings, which shall be open to the public for inspection.	12124
Special meetings may be called by the ~~chairman~~chairperson and	12125
shall be called by ~~him~~the chairperson upon receipt of a written	12126
request therefor signed by two or more members of the commission.	12127
Written notice of the time and place of each meeting shall be sent	12128
to each member of the commission. Six of the voting members of the	12129
commission shall constitute a quorum.	12130

(G) The commission shall employ and prescribe the powers and	12131
duties of a general manager who shall serve in the unclassified	12132
civil service at a salary fixed pursuant to section 124.14 of the	12133
Revised Code. The general manager may employ such assistant	12134
managers as hethe general manager and the commission may approve.	12135
At no time shall such assistant managers exceed four in number,	12136
one of whom shall be appointed in the classified civil service.	12137
The general manager may, subject to the approval of the	12138
commission, employ a fiscal officer and such other officers,	12139
employees, and consultants with such powers and duties as are	12140
necessary to carry out ~~sections 991.01 to 991.07 of the Revised~~	12141
~~Code~~this chapter. With the approval of the commission and in	12142
order to implement this chapter, the general manager may employ	12143
and fix the compensation of seasonal employees; these employees	12144
shall be in the unclassified civil service, and the overtime pay	12145
requirements of section 124.18 of the Revised Code do not apply to	12146
them. The general manager shall be considered the appointing	12147
authority of the commission for purposes of Chapter 124. of the	12148
Revised Code.	12149

(H) The governor may remove any appointed voting member of	12150
the commission at any time for inefficiency, neglect of duty, or	12151
malfeasance in office.	12152

Sec. 1121.23. Whenever the approval of the superintendent of	12153
financial institutions is required under Chapters 1101. to 1127.	12154
of the Revised Code, or under an order or supervisory action	12155
issued or taken under those chapters, for a person to serve as an	12156
organizer, incorporator, director, executive officer, or	12157
controlling shareholder of a bank, or to otherwise have a	12158
substantial interest in or participate in the management of a	12159
bank, the superintendent shall request the superintendent of the	12160
bureau of criminal identification and investigation, or a vendor	12161
approved by the bureau, to conduct a criminal records check based	12162
on the person's fingerprints in accordance with ~~division (A)(14)~~	12163
of section 109.572 of the Revised Code. The superintendent of	12164
financial institutions shall request that criminal record	12165
information from the federal bureau of investigation be obtained	12166
as part of the criminal records check. Any fee required under	12167
division (C)(3) of section 109.572 of the Revised Code shall be	12168
paid by the person who is the subject of the request.	12169

Sec. 1155.03. Whenever the approval of the superintendent of	12170
financial institutions is required under Chapters 1151. to 1157.	12171
of the Revised Code, or under an order or supervisory action	12172
issued or taken under those chapters, for a person to serve as an	12173
organizer, incorporator, director, executive officer, or	12174
controlling person of a savings and loan association, or to	12175
otherwise have a substantial interest in or participate in the	12176
management of a savings and loan association, the superintendent	12177
shall request the superintendent of the bureau of criminal	12178
identification and investigation, or a vendor approved by the	12179
bureau, to conduct a criminal records check based on the person's	12180
fingerprints in accordance with ~~division (A)(14) of~~ section	12181
109.572 of the Revised Code. The superintendent of financial	12182
institutions shall request that criminal record information from	12183
the federal bureau of investigation be obtained as part of the	12184
criminal records check. Any fee required under division (C)(3) of	12185
section 109.572 of the Revised Code shall be paid by the person	12186
who is the subject of the request.	12187

Sec. 1163.05. Whenever the approval of the superintendent of	12188
financial institutions is required under Chapters 1161. to 1165.	12189
of the Revised Code, or under an order or supervisory action	12190
issued or taken under those chapters, for a person to serve as an	12191
organizer, incorporator, director, executive officer, or	12192
controlling person of a savings bank, or to otherwise have a	12193
substantial interest in or participate in the management of a	12194
savings bank, the superintendent shall request the superintendent	12195
of the bureau of criminal identification and investigation, or a	12196
vendor approved by the bureau, to conduct a criminal records check	12197
based on the person's fingerprints in accordance with ~~division~~	12198
~~(A)(14) of~~ section 109.572 of the Revised Code. The superintendent	12199
of financial institutions shall request that criminal record	12200
information from the federal bureau of investigation be obtained	12201
as part of the criminal records check. Any fee required under	12202
division (C)(3) of section 109.572 of the Revised Code shall be	12203
paid by the person who is the subject of the request.	12204

Sec. 1315.141. Whenever the approval of the superintendent of	12205
financial institutions is required under sections 1315.01 to	12206
1315.18 of the Revised Code, or under an order or supervisory	12207
action issued or taken under those sections, for a person to serve	12208
as an organizer, incorporator, director, executive officer, or	12209
controlling person of a licensee, or to otherwise have a	12210
substantial interest in or participate in the management of a	12211
licensee, the superintendent shall request the superintendent of	12212
the bureau of criminal identification and investigation, or a	12213
vendor approved by the bureau, to conduct a criminal records check	12214
based on the person's fingerprints in accordance with ~~division~~	12215
~~(A)(14) of~~ section 109.572 of the Revised Code. The superintendent	12216
of financial institutions shall request that criminal record	12217
information from the federal bureau of investigation be obtained	12218
as part of the criminal records check. Any fee required under	12219
division (C)(3) of section 109.572 of the Revised Code shall be	12220
paid by the person who is the subject of the request.	12221

Sec. 1317.05. (A) Any retail seller who, in any retail	12222
installment contract, has agreed to purchase insurance for the	12223
retail buyer and to extend credit for the price thereof, shall,	12224
prior to the due date of the first installment of the retail	12225
installment contract, deliver to the retail buyer personally, or	12226
mail or cause to be mailed to ~~him~~the retail buyer at ~~his~~the	12227
retail buyer's address as shown on the retail installment	12228
contract, the policy of insurance, or in lieu thereof a	12229
certificate of insurance, or the retail buyer is not liable on ~~his~~	12230
the retail buyer's retail installment contract until the policy,	12231
or certificate of insurance, is received, or full refund is made	12232
of the insurance premium.	12233

If the premium for insurance of like kind and amount, as	12234
fixed in the published manual of a recognized standard rating	12235
bureau designated by the retail seller, is less than the amount	12236
charged the retail buyer as fixed in the written instrument in	12237
compliance with division (D) of section 1317.04 of the Revised	12238
Code, the retail buyer may deduct an amount equal to three times	12239
the difference from the amount owed the retail seller, or ~~his~~the	12240
retail seller's successor in interest. Sections 1317.01 to	12241
1317.11, inclusive, of the Revised Code do not impair the	12242
authority of the superintendent of insurance to grant, renew, or	12243
revoke licenses, nor do said sections authorize anyone other than	12244
a licensee of the division of insurance to directly or indirectly	12245
receive any part of the amount charged for insurance in connection	12246
with any retail installment sale.	12247

(B) As used in this division, "debt cancellation or debt	12248
suspension product" means a contractual agreement in which a	12249
retail seller, or its assignee, agrees for a separate charge to	12250
cancel or waive all or a part of amounts due on a retail buyer's	12251
retail installment contract in the event of a total physical	12252
damage loss or unrecovered theft of the motor vehicle that is the	12253
subject of the contract. "Debt cancellation or debt suspension	12254
product" includes a guaranteed asset protection waiver, guaranteed	12255
auto protection waiver, or other similarly named agreement.	12256

A debt cancellation or debt suspension product, and an	12257
addendum to a retail installment contract containing a debt	12258
cancellation or debt suspension product, shall be considered a	12259
part of the retail installment contract and shall remain a part of	12260
that contract upon the assignment, sale, or transfer of that	12261
contract. The charge for any debt cancellation or debt suspension	12262
product shall be listed as a specific good. The purchase price and	12263
the terms of the debt cancellation or debt suspension product	12264
shall be disclosed in writing to the buyer. The extension of	12265
credit, terms of the credit, or the terms of the related motor	12266
vehicle sale or lease shall not be conditioned on the purchase of	12267
the debt cancellation or debt suspension product. Notwithstanding	12268
any other provision of law, a debt cancellation or debt suspension	12269
product shall not be considered insurance.	12270

Sec. 1321.37. (A) Application for an original or renewal	12271
license to make short-term loans shall be in writing, under oath,	12272
and in the form prescribed by the superintendent of financial	12273
institutions, and shall contain the name and address of the	12274
applicant, the location where the business of making loans is to	12275
be conducted, and any further information as the superintendent	12276
requires. At the time of making an application for an original	12277
license, the applicant shall pay to the superintendent a	12278
nonrefundable investigation fee of two hundred dollars. No	12279
investigation fee or any portion thereof shall be refunded after	12280
an original license has been issued. The application for an	12281
original or renewal license shall be accompanied by an original or	12282
renewal license fee, for each business location of one thousand	12283
dollars, except that applications for original licenses issued on	12284
or after the first day of July for any year shall be accompanied	12285
by an original license fee of five hundred dollars, and except	12286
that an application for an original or renewal license, for a	12287
nonprofit corporation that is incorporated under Chapter 1702. of	12288
the Revised Code, shall be accompanied by an original or renewal	12289
license fee, for each business location, that is one-half of the	12290
fee otherwise required. All fees paid to the superintendent	12291
pursuant to this division shall be deposited into the state	12292
treasury to the credit of the consumer finance fund.	12293

(B) Upon the filing of an application for an original license	12294
and, with respect to an application filed for a renewal license,	12295
on a schedule determined by the superintendent by rule adopted	12296
pursuant to section 1321.43 of the Revised Code, and the payment	12297
of fees in accordance with division (A) of this section, the	12298
superintendent shall investigate the facts concerning the	12299
applicant and the requirements provided by this division. The	12300
superintendent shall request the superintendent of the bureau of	12301
criminal identification and investigation, or a vendor approved by	12302
the bureau, to conduct a criminal records check based on the	12303
applicant's fingerprints in accordance with ~~division (A)(12) of~~	12304
section 109.572 of the Revised Code. Notwithstanding division (K)	12305
of section 121.08 of the Revised Code, the superintendent of	12306
financial institutions shall request that criminal record	12307
information from the federal bureau of investigation be obtained	12308
as part of the criminal records check. The superintendent of	12309
financial institutions shall conduct a civil records check. The	12310
superintendent shall approve an application and issue an original	12311
or renewal license to the applicant if the superintendent finds	12312
all of the following:	12313

(1) The financial responsibility, experience, reputation, and	12314
general fitness of the applicant are such as to warrant the belief	12315
that the business of making loans will be operated lawfully,	12316
honestly, and fairly under sections 1321.35 to 1321.48 of the	12317
Revised Code and within the purposes of those sections; that the	12318
applicant has fully complied with those sections and any rule or	12319
order adopted or issued pursuant to section 1321.43 of the Revised	12320
Code; and that the applicant is qualified to engage in the	12321
business of making loans under sections 1321.35 to 1321.48 of the	12322
Revised Code.	12323

(2) The applicant is financially sound and has a net worth of	12324
not less than one hundred thousand dollars, or in the case of a	12325
nonprofit corporation that is incorporated under Chapter 1702. of	12326
the Revised Code, a net worth of not less than fifty thousand	12327
dollars. The applicant's net worth shall be computed according to	12328
generally accepted accounting principles.	12329

(3) The applicant has never had revoked a license to make	12330
loans under sections 1321.35 to 1321.48 of the Revised Code, under	12331
former sections 1315.35 to 1315.44 of the Revised Code, or to do	12332
business under sections 1315.21 to 1315.30 of the Revised Code.	12333

(4) Neither the applicant nor any senior officer, or partner	12334
of the applicant, has pleaded guilty to or been convicted of any	12335
criminal offense involving theft, receiving stolen property,	12336
embezzlement, forgery, fraud, passing bad checks, money	12337
laundering, or drug trafficking, or any criminal offense involving	12338
money or securities or any violation of an existing or former law	12339
of this state, any other state, or the United States that	12340
substantially is equivalent to a criminal offense described in	12341
that division. However, if the applicant or any of those other	12342
persons has pleaded guilty to or been convicted of any such	12343
offense other than theft, the superintendent shall not consider	12344
the offense if the applicant has proven to the superintendent, by	12345
a preponderance of the evidence, that the applicant's or other	12346
person's activities and employment record since the conviction	12347
show that the applicant or other person is honest, truthful, and	12348
of good reputation, and there is no basis in fact for believing	12349
that the applicant or other person will commit such an offense	12350
again.	12351

(5) Neither the applicant nor any senior officer, or partner	12352
of the applicant, has been subject to any adverse judgment for	12353
conversion, embezzlement, misappropriation of funds, fraud,	12354
misfeasance or malfeasance, or breach of fiduciary duty, or if the	12355
applicant or any of those other persons has been subject to such a	12356
judgment, the applicant has proven to the superintendent, by a	12357
preponderance of the evidence, that the applicant's or other	12358
person's activities and employment record since the judgment show	12359
that the applicant or other person is honest, truthful, and of	12360
good reputation, and there is no basis in fact for believing that	12361
the applicant or other person will be subject to such a judgment	12362
again.	12363

(C) If the superintendent finds that the applicant does not	12364
meet the requirements of division (B) of this section, or the	12365
superintendent finds that the applicant knowingly or repeatedly	12366
contracts with or employs persons to directly engage in lending	12367
activities who have been convicted of a felony crime listed in	12368
division (B)(5) of this section, the superintendent shall issue an	12369
order denying the application for an original or renewal license	12370
and giving the applicant an opportunity for a hearing on the	12371
denial in accordance with Chapter 119. of the Revised Code. The	12372
superintendent shall notify the applicant of the denial, the	12373
grounds for the denial, and the applicant's opportunity for a	12374
hearing. If the application is denied, the superintendent shall	12375
return the annual license fee but shall retain the investigation	12376
fee.	12377

(D) No person licensed under sections 1321.35 to 1321.48 of	12378
the Revised Code shall conduct business in this state unless the	12379
licensee has obtained and maintains in effect at all times a	12380
corporate surety bond issued by a bonding company or insurance	12381
company authorized to do business in this state. The bond shall be	12382
in favor of the superintendent and in the penal sum of at least	12383
one hundred thousand dollars, or in the case of a nonprofit	12384
corporation that is incorporated under Chapter 1702. of the	12385
Revised Code, in the amount of fifty thousand dollars. The term of	12386
the bond shall coincide with the term of the license. The licensee	12387
shall file a copy of the bond with the superintendent. The bond	12388
shall be for the exclusive benefit of any borrower injured by a	12389
violation by a licensee or any employee of a licensee, of any	12390
provision of sections 1321.35 to 1321.48 of the Revised Code.	12391

Sec. 1321.53. (A)(1) An application for a certificate of	12392
registration under sections 1321.51 to 1321.60 of the Revised Code	12393
shall contain an undertaking by the applicant to abide by those	12394
sections. The application shall be in writing, under oath, and in	12395
the form prescribed by the division of financial institutions, and	12396
shall contain any information that the division may require.	12397
Applicants that are foreign corporations shall obtain and maintain	12398
a license pursuant to Chapter 1703. of the Revised Code before a	12399
certificate is issued or renewed.	12400

(2) Upon the filing of the application and the payment by the	12401
applicant of a nonrefundable two-hundred-dollar investigation fee,	12402
a nonrefundable three-hundred-dollar annual registration fee, and	12403
any additional fee required by the nationwide mortgage licensing	12404
system and registry, the division shall investigate the relevant	12405
facts. If the application involves investigation outside this	12406
state, the applicant may be required by the division to advance	12407
sufficient funds to pay any of the actual expenses of such	12408
investigation, when it appears that these expenses will exceed two	12409
hundred dollars. An itemized statement of any of these expenses	12410
which the applicant is required to pay shall be furnished to the	12411
applicant by the division. No certificate shall be issued unless	12412
all the required fees have been submitted to the division.	12413

(3) All applicants making loans secured by an interest in	12414
real estate shall designate an employee or owner of the applicant	12415
as the applicant's primary point of contact. While acting as the	12416
primary point of contact, the employee or owner shall not be	12417
employed by any other registrant or mortgage broker.	12418

(4) The investigation undertaken upon application shall	12419
include both a civil and criminal records check of the applicant	12420
including any individual whose identity is required to be	12421
disclosed in the application. Where the applicant is a business	12422
entity the superintendent shall have the authority to require a	12423
civil and criminal background check of those persons that in the	12424
determination of the superintendent have the authority to direct	12425
and control the operations of the applicant.	12426

(5)(a) Notwithstanding division (K) of section 121.08 of the	12427
Revised Code, the superintendent of financial institutions shall	12428
obtain a criminal history records check and, as part of that	12429
records check, request that criminal record information from the	12430
federal bureau of investigation be obtained. To fulfill this	12431
requirement, the superintendent shall do either of the following:	12432

(i) Request the superintendent of the bureau of criminal	12433
identification and investigation, or a vendor approved by the	12434
bureau, to conduct a criminal records check based on the	12435
applicant's fingerprints or, if the fingerprints are unreadable,	12436
based on the applicant's social security number, in accordance	12437
with ~~division (A)(12) of~~ section 109.572 of the Revised Code;	12438

(ii) Authorize the nationwide mortgage licensing system and	12439
registry to request a criminal history background check as set	12440
forth in division (C) of section 1321.531 of the Revised Code.	12441

(b) Any fee required under division (C)(3) of section 109.572	12442
of the Revised Code or by the nationwide mortgage licensing system	12443
and registry shall be paid by the applicant.	12444

(6) If an application for a certificate of registration does	12445
not contain all of the information required under division (A) of	12446
this section, and if such information is not submitted to the	12447
division or to the nationwide mortgage licensing system and	12448
registry within ninety days after the superintendent or the	12449
nationwide mortgage licensing system and registry requests the	12450
information in writing, including by electronic transmission or	12451
facsimile, the superintendent may consider the application	12452
withdrawn.	12453

(7) If the division finds that the financial responsibility,	12454
experience, character, and general fitness of the applicant	12455
command the confidence of the public and warrant the belief that	12456
the business will be operated honestly and fairly in compliance	12457
with the purposes of sections 1321.51 to 1321.60 of the Revised	12458
Code and the rules adopted thereunder, and that the applicant has	12459
the requisite bond or applicable net worth and assets required by	12460
division (B) of this section, the division shall thereupon issue a	12461
certificate of registration to the applicant. The superintendent	12462
shall not use a credit score as the sole basis for a registration	12463
denial.	12464

(a)(i) Certificates of registration issued on or after July	12465
1, 2010, shall annually expire on the thirty-first day of	12466
December, unless renewed by the filing of a renewal application	12467
and payment of a three-hundred-dollar nonrefundable annual	12468
registration fee, any assessment as determined by the	12469
superintendent pursuant to division (A)(7)(a)(ii) of this section,	12470
and any additional fee required by the nationwide mortgage	12471
licensing system and registry, on or before the last day of	12472
December of each year. No other fee or assessment shall be	12473
required of a registrant by the state or any political subdivision	12474
of this state.	12475

(ii) If the renewal fees billed by the superintendent	12476
pursuant to division (A)(7)(a)(i) of this section are less than	12477
the estimated expenditures of the consumer finance section of the	12478
division of financial institutions, as determined by the	12479
superintendent, for the following fiscal year, the superintendent	12480
may assess each registrant at a rate sufficient to equal in the	12481
aggregate the difference between the renewal fees billed and the	12482
estimated expenditures. Each registrant shall pay the assessed	12483
amount to the superintendent prior to the last day of June. In no	12484
case shall the assessment exceed ten cents per each one hundred	12485
dollars of interest (excluding charge-off recoveries), points,	12486
loan origination charges, and credit line charges collected by	12487
that registrant during the previous calendar year. If such an	12488
assessment is imposed, it shall not be less than two hundred fifty	12489
dollars per registrant and shall not exceed thirty thousand	12490
dollars less the total renewal fees paid pursuant to division	12491
(A)(7)(a)(i) of this section by each registrant.	12492

(b) Registrants shall timely file renewal applications on	12493
forms prescribed by the division and provide any further	12494
information that the division may require. If a renewal	12495
application does not contain all of the information required under	12496
this section, and if that information is not submitted to the	12497
division or to the nationwide mortgage licensing system and	12498
registry within ninety days after the superintendent or the	12499
nationwide mortgage licensing system and registry requests the	12500
information in writing, including by electronic transmission or	12501
facsimile, the superintendent may consider the application	12502
withdrawn.	12503

(c) Renewal shall not be granted if the applicant's	12504
certificate of registration is subject to an order of suspension,	12505
revocation, or an unpaid and past due fine imposed by the	12506
superintendent.	12507

(d) If the division finds the applicant does not meet the	12508
conditions set forth in this section, it shall issue a notice of	12509
intent to deny the application, and forthwith notify the applicant	12510
of the denial, the grounds for the denial, and the applicant's	12511
reasonable opportunity to be heard on the action in accordance	12512
with Chapter 119. of the Revised Code.	12513

(8) If there is a change of five per cent or more in the	12514
ownership of a registrant, the division may make any investigation	12515
necessary to determine whether any fact or condition exists that,	12516
if it had existed at the time of the original application for a	12517
certificate of registration, the fact or condition would have	12518
warranted the division to deny the application under division	12519
(A)(7) of this section. If such a fact or condition is found, the	12520
division may, in accordance with Chapter 119. of the Revised Code,	12521
revoke the registrant's certificate.	12522

(B) Each registrant that engages in lending under sections	12523
1321.51 to 1321.60 of the Revised Code shall, if not otherwise	12524
required to be bonded pursuant to section 1321.533 of the Revised	12525
Code, maintain both of the following:	12526

(1) A net worth of at least fifty thousand dollars;

12527

(2) For each certificate of registration, assets of at least	12528
fifty thousand dollars either in use or readily available for use	12529
in the conduct of the business.	12530

(C) Not more than one place of business shall be maintained	12531
under the same certificate, but the division may issue additional	12532
certificates to the same registrant upon compliance with sections	12533
1321.51 to 1321.60 of the Revised Code, governing the issuance of	12534
a single certificate. No change in the place of business of a	12535
registrant to a location outside the original municipal	12536
corporation shall be permitted under the same certificate without	12537
the approval of a new application, the payment of the registration	12538
fee and, if required by the superintendent, the payment of an	12539
investigation fee of two hundred dollars. When a registrant wishes	12540
to change its place of business within the same municipal	12541
corporation, it shall give written notice of the change in advance	12542
to the division, which shall provide a certificate for the new	12543
address without cost. If a registrant changes its name, prior to	12544
making loans under the new name it shall give written notice of	12545
the change to the division, which shall provide a certificate in	12546
the new name without cost. Sections 1321.51 to 1321.60 of the	12547
Revised Code do not limit the loans of any registrant to residents	12548
of the community in which the registrant's place of business is	12549
situated. Each certificate shall be kept conspicuously posted in	12550
the place of business of the registrant and is not transferable or	12551
assignable.	12552

(D) Sections 1321.51 to 1321.60 of the Revised Code do not	12553
apply to any of the following:	12554

(1) Entities chartered and lawfully doing business under the	12555
authority of any law of this state, another state, or the United	12556
States as a bank, savings bank, trust company, savings and loan	12557
association, or credit union, or a subsidiary of any such entity,	12558
which subsidiary is regulated by a federal banking agency and is	12559
owned and controlled by such a depository institution;	12560

(2) Life, property, or casualty insurance companies licensed	12561
to do business in this state;	12562

(3) Any person that is a lender making a loan pursuant to	12563
sections 1321.01 to 1321.19 of the Revised Code or a business loan	12564
as described in division (B)(6) of section 1343.01 of the Revised	12565
Code;	12566

(4) Any political subdivision, or any governmental or other	12567
public entity, corporation, instrumentality, or agency, in or of	12568
the United States or any state of the United States, or any entity	12569
described in division (B)(3) of section 1343.01 of the Revised	12570
Code;	12571

(5) A college or university, or controlled entity of a	12572
college or university, as those terms are defined in section	12573
1713.05 of the Revised Code;	12574

(6) A credit union service organization, provided the	12575
organization utilizes services provided by registered mortgage	12576
loan originators or the organization complies with section	12577
1321.522 of the Revised Code and holds a valid letter of exemption	12578
issued by the superintendent.	12579

(E) No person engaged in the business of selling tangible	12580
goods or services related to tangible goods may receive or retain	12581
a certificate under sections 1321.51 to 1321.60 of the Revised	12582
Code for such place of business.	12583

Sec. 1321.531. (A) An application for a mortgage loan	12584
originator license shall be in writing, under oath, and in the	12585
form prescribed by the superintendent of financial institutions.	12586
The application shall be accompanied by a nonrefundable	12587
application fee of one hundred fifty dollars and all other	12588
required fees, including any fees required by the nationwide	12589
mortgage licensing system and registry.	12590

(B) The superintendent may establish relationships or enter	12591
into contracts with the nationwide mortgage licensing system and	12592
registry, or any entities designated by it, to collect and	12593
maintain records and process transaction fees or other fees	12594
related to mortgage loan originator licensees or other persons	12595
subject to or involved in their licensure.	12596

(C) In connection with applying for a mortgage loan	12597
originator license, the applicant shall furnish to the nationwide	12598
mortgage licensing system and registry the following information	12599
concerning the applicant's identity:	12600

(1) The applicant's fingerprints for submission to the	12601
federal bureau of investigation, and any other governmental agency	12602
or entity authorized to receive such information, for purposes of	12603
a state, national, and international criminal history background	12604
check;	12605

(2) Personal history and experience in a form prescribed by	12606
the nationwide mortgage licensing system and registry, along with	12607
authorization for the superintendent and the nationwide mortgage	12608
licensing system and registry to obtain the following:	12609

(a) An independent credit report from a consumer reporting	12610
agency;	12611

(b) Information related to any administrative, civil, or	12612
criminal findings by any governmental jurisdiction.	12613

(D) In order to effectuate the purposes of divisions (C)(1)	12614
and (C)(2)(b) of this section, the superintendent may use the	12615
conference of state bank supervisors, or a wholly owned	12616
subsidiary, as a channeling agent for requesting information from	12617
and distributing information to the United States department of	12618
justice or any other governmental agency. The superintendent may	12619
also use the nationwide mortgage licensing system and registry as	12620
a channeling agent for requesting information from and	12621
distributing information to any source related to matters subject	12622
to divisions (C)(2)(a) and (b) of this section.	12623

(E) Upon the filing of the application, payment of the	12624
application fee, and payment of any additional fee, including any	12625
fee required by the nationwide mortgage licensing system and	12626
registry, the superintendent shall investigate the applicant as	12627
set forth in division (E) of this section.	12628

(1)(a) Notwithstanding division (K) of section 121.08 of the	12629
Revised Code, the superintendent shall obtain a criminal history	12630
records check and, as part of that records check, request that	12631
criminal record information from the federal bureau of	12632
investigation be obtained. To fulfill this requirement, the	12633
superintendent shall do either of the following:	12634

(i) Request the superintendent of the bureau of criminal	12635
identification and investigation, or a vendor approved by the	12636
bureau, to conduct a criminal records check based on the	12637
applicant's fingerprints or, if the fingerprints are unreadable,	12638
based on the applicant's social security number in accordance with	12639
~~division (A)(12) of~~ section 109.572 of the Revised Code;	12640

(ii) Authorize the nationwide mortgage licensing system and	12641
registry to request a criminal history background check as set	12642
forth in division (C) of this section.	12643

(b) Any fee required under division (C)(3) of section 109.572	12644
of the Revised Code or by the nationwide mortgage licensing system	12645
and registry shall be paid by the applicant.	12646

(2) The superintendent of financial institutions shall	12647
conduct a civil records check.	12648

(3) If, in order to issue a license to an applicant,	12649
additional investigation by the superintendent outside this state	12650
is necessary, the superintendent may require the applicant to	12651
advance sufficient funds to pay the actual expenses of the	12652
investigation, if it appears that these expenses will exceed one	12653
hundred dollars. The superintendent shall provide the applicant	12654
with an itemized statement of the actual expenses that the	12655
applicant is required to pay.	12656

(F) If an application for a mortgage loan originator license	12657
does not contain all of the information required under this	12658
section, and if that information is not submitted to the	12659
superintendent or to the nationwide mortgage licensing system and	12660
registry within ninety days after the superintendent or the	12661
nationwide mortgage licensing system and registry requests the	12662
information in writing, including by electronic transmission or	12663
facsimile, the superintendent may consider the application	12664
withdrawn.	12665

Sec. 1322.03. (A) An application for a certificate of	12666
registration as a mortgage broker shall be in writing, under oath,	12667
and in the form prescribed by the superintendent of financial	12668
institutions. The application shall be accompanied by a	12669
nonrefundable application fee of five hundred dollars for each	12670
location of an office to be maintained by the applicant in	12671
accordance with division (A) of section 1322.02 of the Revised	12672
Code and any additional fee required by the nationwide mortgage	12673
licensing system and registry. The application shall provide all	12674
of the following:	12675

(1) The location or locations where the business is to be	12676
transacted and whether any location is a residence. If any	12677
location where the business is to be transacted is a residence,	12678
the superintendent may require that the application be accompanied	12679
by a copy of a zoning permit authorizing the use of the residence	12680
for commercial purposes, or by a written opinion or other document	12681
issued by the county or political subdivision where the residence	12682
is located certifying that the use of the residence to transact	12683
business as a mortgage broker is not prohibited by the county or	12684
political subdivision.	12685

(2)(a) In the case of a sole proprietor, the name and address	12686
of the sole proprietor;	12687

(b) In the case of a partnership, the name and address of	12688
each partner;	12689

(c) In the case of a corporation, the name and address of	12690
each shareholder owning five per cent or more of the corporation;	12691

(d) In the case of any other entity, the name and address of	12692
any person that owns five per cent or more of the entity that will	12693
transact business as a mortgage broker.	12694

(3) Each applicant shall designate an employee or owner of	12695
the applicant as the applicant's operations manager. While acting	12696
as the operations manager, the employee or owner shall be licensed	12697
as a loan originator under sections 1322.01 to 1322.12 of the	12698
Revised Code and shall not be employed by any other mortgage	12699
broker.	12700

(4) Evidence that the person designated on the application	12701
pursuant to division (A)(3) of this section possesses at least	12702
three years of experience in the residential mortgage and lending	12703
field, which experience may include employment with or as a	12704
mortgage broker or with a depository institution, mortgage lending	12705
institution, or other lending institution, or possesses at least	12706
three years of other experience related specifically to the	12707
business of residential mortgage loans that the superintendent	12708
determines meets the requirements of division (A)(4) of this	12709
section;	12710

(5) Evidence that the person designated on the application	12711
pursuant to division (A)(3) of this section has successfully	12712
completed the pre-licensing instruction requirements set forth in	12713
section 1322.031 of the Revised Code;	12714

(6) Evidence of compliance with the surety bond requirements	12715
of section 1322.05 of the Revised Code and with sections 1322.01	12716
to 1322.12 of the Revised Code;	12717

(7) In the case of a foreign business entity, evidence that	12718
it maintains a license or registration pursuant to Chapter 1703.,	12719
1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to	12720
transact business in this state;	12721

(8) Evidence that the applicant's operations manager has	12722
successfully completed the written test required under division	12723
(A) of section 1322.051 of the Revised Code;	12724

(9) Any further information that the superintendent requires.

12725

(B) Upon the filing of the application and payment of the	12726
nonrefundable application fee and any fee required by the	12727
nationwide mortgage licensing system and registry, the	12728
superintendent of financial institutions shall investigate the	12729
applicant, and any individual whose identity is required to be	12730
disclosed in the application, as set forth in division (B) of this	12731
section.	12732

(1)(a) Notwithstanding division (K) of section 121.08 of the	12733
Revised Code, the superintendent shall obtain a criminal history	12734
records check and, as part of that records check, request that	12735
criminal record information from the federal bureau of	12736
investigation be obtained. To fulfill this requirement, the	12737
superintendent shall do either of the following:	12738

(i) Request the superintendent of the bureau of criminal	12739
identification and investigation, or a vendor approved by the	12740
bureau, to conduct a criminal records check based on the	12741
applicant's fingerprints or, if the fingerprints are unreadable,	12742
based on the applicant's social security number, in accordance	12743
with ~~division (A)(12) of~~ section 109.572 of the Revised Code;	12744

(ii) Authorize the nationwide mortgage licensing system and	12745
registry to request a criminal history background check.	12746

(b) Any fee required under division (C)(3) of section 109.572	12747
of the Revised Code or by the nationwide mortgage licensing system	12748
and registry shall be paid by the applicant.	12749

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

12750

(3) If, in order to issue a certificate of registration to an	12751
applicant, additional investigation by the superintendent outside	12752
this state is necessary, the superintendent may require the	12753
applicant to advance sufficient funds to pay the actual expenses	12754
of the investigation, if it appears that these expenses will	12755
exceed five hundred dollars. The superintendent shall provide the	12756
applicant with an itemized statement of the actual expenses that	12757
the applicant is required to pay.	12758

(C) The superintendent shall pay all funds advanced and	12759
application and renewal fees and penalties the superintendent	12760
receives pursuant to this section and section 1322.04 of the	12761
Revised Code to the treasurer of state to the credit of the	12762
consumer finance fund created in section 1321.21 of the Revised	12763
Code.	12764

(D) If an application for a mortgage broker certificate of	12765
registration does not contain all of the information required	12766
under division (A) of this section, and if that information is not	12767
submitted to the superintendent or to the nationwide mortgage	12768
licensing system and registry within ninety days after the	12769
superintendent or the nationwide mortgage licensing system and	12770
registry requests the information in writing, including by	12771
electronic transmission or facsimile, the superintendent may	12772
consider the application withdrawn.	12773

(E) A mortgage broker certificate of registration and the	12774
authority granted under that certificate is not transferable or	12775
assignable and cannot be franchised by contract or any other	12776
means.	12777

(F) The registration requirements of this chapter apply to	12778
any person acting as a mortgage broker, and no person is exempt	12779
from the requirements of this chapter on the basis of prior work	12780
or employment as a mortgage broker.	12781

(G) The superintendent may establish relationships or enter	12782
into contracts with the nationwide mortgage licensing system and	12783
registry, or any entities designated by it, to collect and	12784
maintain records and process transaction fees or other fees	12785
related to mortgage broker certificates of registration or the	12786
persons associated with a mortgage broker.	12787

Sec. 1322.031. (A) An application for a license as a loan	12788
originator shall be in writing, under oath, and in the form	12789
prescribed by the superintendent of financial institutions. The	12790
application shall be accompanied by a nonrefundable application	12791
fee of one hundred fifty dollars and any additional fee required	12792
by the nationwide mortgage licensing system and registry.	12793

(B)(1) The application shall provide evidence, acceptable to	12794
the superintendent, that the applicant has successfully completed	12795
at least twenty-four hours of pre-licensing instruction consisting	12796
of all of the following:	12797

(a) Twenty hours of instruction in a course or program of	12798
study reviewed and approved by the nationwide mortgage licensing	12799
system and registry;	12800

(b) Four hours of instruction in a course or program of study	12801
reviewed and approved by the superintendent concerning state	12802
lending laws and the Ohio consumer sales practices act, Chapter	12803
1345. of the Revised Code, as it applies to registrants and	12804
licensees.	12805

(2) Notwithstanding division (B)(1) of this section, until	12806
the nationwide mortgage licensing system and registry implements a	12807
review and approval program, the application shall provide	12808
evidence, as determined by the superintendent, that the applicant	12809
has successfully completed at least twenty-four hours of	12810
instruction in a course or program of study approved by the	12811
superintendent that consists of at least all of the following:	12812

(a) Four hours of instruction concerning state and federal	12813
mortgage lending laws, which shall include no less than two hours	12814
on this chapter;	12815

(b) Four hours of instruction concerning the Ohio consumer	12816
sales practices act, Chapter 1345. of the Revised Code, as it	12817
applies to registrants and licensees;	12818

(c) Four hours of instruction concerning the loan application	12819
process;	12820

(d) Two hours of instruction concerning the underwriting	12821
process;	12822

(e) Two hours of instruction concerning the secondary market	12823
for mortgage loans;	12824

(f) Four hours of instruction concerning the loan closing	12825
process;	12826

(g) Two hours of instruction covering basic mortgage	12827
financing concepts and terms;	12828

(h) Two hours of instruction concerning the ethical	12829
responsibilities of a registrant and a licensee, including with	12830
respect to confidentiality, consumer counseling, and the duties	12831
and standards of care created in section 1322.081 of the Revised	12832
Code.	12833

(3) For purposes of division (B)(1)(a) of this section, the	12834
review and approval of a course or program of study includes the	12835
review and approval of the provider of the course or program of	12836
study.	12837

(4) If an applicant held a valid loan originator license	12838
issued by this state at any time during the immediately preceding	12839
five-year period, the applicant shall not be required to complete	12840
any additional pre-licensing instruction. For this purpose, any	12841
time during which the individual is a registered loan originator	12842
shall not be taken into account.	12843

(5) A person having successfully completed the pre-licensing	12844
education requirement reviewed and approved by the nationwide	12845
mortgage licensing system and registry for any state within the	12846
previous five years shall be granted credit toward completion of	12847
the pre-licensing education requirement of this state.	12848

(C) In addition to the information required under division	12849
(B) of this section, the application shall provide both of the	12850
following:	12851

(1) Evidence that the applicant passed a written test that	12852
meets the requirements described in division (B) of section	12853
1322.051 of the Revised Code;	12854

(2) Any further information that the superintendent requires.

12855

(D) Upon the filing of the application and payment of the	12856
application fee and any fee required by the nationwide mortgage	12857
licensing system and registry, the superintendent of financial	12858
institutions shall investigate the applicant as set forth in	12859
division (D) of this section.	12860

(1)(a) Notwithstanding division (K) of section 121.08 of the	12861
Revised Code, the superintendent shall obtain a criminal history	12862
records check and, as part of the records check, request that	12863
criminal record information from the federal bureau of	12864
investigation be obtained. To fulfill this requirement, the	12865
superintendent shall do either of the following:	12866

(i) Request the superintendent of the bureau of criminal	12867
identification and investigation, or a vendor approved by the	12868
bureau, to conduct a criminal records check based on the	12869
applicant's fingerprints or, if the fingerprints are unreadable,	12870
based on the applicant's social security number, in accordance	12871
with ~~division (A)(12) of~~ section 109.572 of the Revised Code;	12872

(ii) Authorize the nationwide mortgage licensing system and	12873
registry to request a criminal history background check.	12874

(b) Any fee required under division (C)(3) of section 109.572	12875
of the Revised Code or by the nationwide mortgage licensing system	12876
and registry shall be paid by the applicant.	12877

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

12878

(3) If, in order to issue a license to an applicant,	12879
additional investigation by the superintendent outside this state	12880
is necessary, the superintendent may require the applicant to	12881
advance sufficient funds to pay the actual expenses of the	12882
investigation, if it appears that these expenses will exceed one	12883
hundred fifty dollars. The superintendent shall provide the	12884
applicant with an itemized statement of the actual expenses that	12885
the applicant is required to pay.	12886

(E)(1) In connection with applying for a loan originator	12887
license, the applicant shall furnish to the nationwide mortgage	12888
licensing system and registry the following information concerning	12889
the applicant's identity:	12890

(a) The applicant's fingerprints for submission to the	12891
federal bureau of investigation, and any other governmental agency	12892
or entity authorized to receive such information, for purposes of	12893
a state, national, and international criminal history background	12894
check;	12895

(b) Personal history and experience in a form prescribed by	12896
the nationwide mortgage licensing system and registry, along with	12897
authorization for the superintendent and the nationwide mortgage	12898
licensing system and registry to obtain the following:	12899

(i) An independent credit report from a consumer reporting	12900
agency;	12901

(ii) Information related to any administrative, civil, or	12902
criminal findings by any governmental jurisdiction.	12903

(2) In order to effectuate the purposes of divisions	12904
(E)(1)(a) and (E)(1)(b)(ii) of this section, the superintendent	12905
may use the conference of state bank supervisors, or a wholly	12906
owned subsidiary, as a channeling agent for requesting information	12907
from and distributing information to the United States department	12908
of justice or any other governmental agency. The superintendent	12909
may also use the nationwide mortgage licensing system and registry	12910
as a channeling agent for requesting information from and	12911
distributing information to any source related to matters subject	12912
to those divisions of this section.	12913

(F) The superintendent shall pay all funds advanced and	12914
application and renewal fees and penalties the superintendent	12915
receives pursuant to this section and section 1322.041 of the	12916
Revised Code to the treasurer of state to the credit of the	12917
consumer finance fund created in section 1321.21 of the Revised	12918
Code.	12919

(G) If an application for a loan originator license does not	12920
contain all of the information required under this section, and if	12921
that information is not submitted to the superintendent or to the	12922
nationwide mortgage licensing system and registry within ninety	12923
days after the superintendent or the nationwide mortgage licensing	12924
system and registry requests the information in writing, including	12925
by electronic transmission or facsimile, the superintendent may	12926
consider the application withdrawn.	12927

(H)(1) The business of a loan originator shall principally be	12928
transacted at an office of the mortgage broker with whom the	12929
licensee is employed or associated, which office is registered in	12930
accordance with division (A) of section 1322.02 of the Revised	12931
Code. Each original loan originator license shall be deposited	12932
with and maintained by the mortgage broker at the mortgage	12933
broker's main office. A copy of the license shall be maintained	12934
and displayed at the office where the loan originator principally	12935
transacts business.	12936

(2) If a loan originator's employment or association is	12937
terminated for any reason, the mortgage broker shall return the	12938
original loan originator license to the superintendent within five	12939
business days after the termination. The licensee may request the	12940
transfer of the license to another mortgage broker by submitting a	12941
transfer application, along with a fifteen dollar fee and any fee	12942
required by the national mortgage licensing system and registry,	12943
to the superintendent or may request the superintendent in writing	12944
to hold the license in escrow. Any licensee whose license is held	12945
in escrow shall cease activity as a loan originator. A licensee	12946
whose license is held in escrow shall be required to apply for	12947
renewal annually and to comply with the annual continuing	12948
education requirement.	12949

(3) A mortgage broker may employ or be associated with a loan	12950
originator on a temporary basis pending the transfer of the loan	12951
originator's license to the mortgage broker, if the mortgage	12952
broker receives written confirmation from the superintendent that	12953
the loan originator is licensed under sections 1322.01 to 1322.12	12954
of the Revised Code.	12955

(4) Notwithstanding divisions (H)(1) to (3) of this section,	12956
if a licensee is employed by or associated with a person or entity	12957
listed in division (G)(2) of section 1322.01 of the Revised Code,	12958
all of the following apply:	12959

(a) The licensee shall maintain and display the original loan	12960
originator license at the office where the licensee principally	12961
transacts business;	12962

(b) If the loan originator's employment or association is	12963
terminated, the loan originator shall return the original loan	12964
originator license to the superintendent within five business days	12965
after termination. The licensee may request the transfer of the	12966
license to a mortgage broker or another person or entity listed in	12967
division (G)(2) of section 1322.01 of the Revised Code by	12968
submitting a transfer application, along with a fifteen-dollar fee	12969
and any fee required by the national mortgage licensing system and	12970
registry, to the superintendent or may request the superintendent	12971
in writing to hold the license in escrow. A licensee whose license	12972
is held in escrow shall cease activity as a loan originator. A	12973
licensee whose license is held in escrow shall be required to	12974
apply for renewal annually and to comply with the annual	12975
continuing education requirement.	12976

(c) The licensee may seek to be employed or associated with a	12977
mortgage broker or person or entity listed in division (G)(2) of	12978
section 1322.01 of the Revised Code if the mortgage broker or	12979
person or entity receives written confirmation from the	12980
superintendent that the loan originator is licensed under sections	12981
1322.01 to 1322.12 of the Revised Code.	12982

(I) The superintendent may establish relationships or enter	12983
into contracts with the nationwide mortgage licensing system and	12984
registry, or any entities designated by it, to collect and	12985
maintain records and process transaction fees or other fees	12986
related to loan originator licenses or the persons associated with	12987
a licensee.	12988

(J) A loan originator license, or the authority granted under	12989
that license, is not assignable and cannot be franchised by	12990
contract or any other means.	12991

Sec. 1345.05. (A) The attorney general shall:

12992

(1) Adopt, amend, and repeal procedural rules;

12993

(2) Adopt as a rule a description of the organization of the	12994
attorney general's office, stating the general courses and methods	12995
of operation of the section of the office of the attorney general,	12996
which is to administer Chapter 1345. of the Revised Code and	12997
methods whereby the public may obtain information or make	12998
submissions or requests, including a description of all forms and	12999
instructions used by that office;	13000

(3) Make available for public inspection all rules and all	13001
other written statements of policy or interpretations adopted or	13002
used by the attorney general in the discharge of the attorney	13003
general's functions, together with all judgments, including	13004
supporting opinions, by courts of this state that determine the	13005
rights of the parties and concerning which appellate remedies have	13006
been exhausted, or lost by the expiration of the time for appeal,	13007
determining that specific acts or practices violate section	13008
1345.02, 1345.03, or 1345.031 of the Revised Code;	13009

(4) Inform consumers and suppliers on a continuing basis of	13010
acts or practices that violate Chapter 1345. of the Revised Code	13011
by, among other things, publishing an informational document	13012
describing acts and practices in connection with residential	13013
mortgages that are unfair, deceptive, or unconscionable, and by	13014
making that information available on the attorney general's	13015
official web site;	13016

(5) Cooperate with state and local officials, officials of	13017
other states, and officials of the federal government in the	13018
administration of comparable statutes;	13019

(6) Report annually on or before the ~~first~~thirty-first day	13020
of January to the governor and the general assembly on the	13021
operations of the attorney general in respect to Chapter 1345. of	13022
the Revised Code, and on the acts or practices occurring in this	13023
state that violate such chapter. The report shall include a	13024
statement of investigatory and enforcement procedures and	13025
policies, of the number of investigations and enforcement	13026
proceedings instituted and of their disposition, and of other	13027
activities of the state and of other persons to promote the	13028
purposes of Chapter 1345. of the Revised Code.	13029

(7) In carrying out official duties, the attorney general	13030
shall not disclose publicly the identity of suppliers investigated	13031
or the facts developed in investigations unless these matters have	13032
become a matter of public record in enforcement proceedings, in	13033
public hearings conducted pursuant to division (B)(1) of this	13034
section, or the suppliers investigated have consented in writing	13035
to public disclosure.	13036

(B) The attorney general may:

13037

(1) Conduct research, make inquiries, hold public hearings,	13038
and publish studies relating to consumer transactions;	13039

(2) Adopt, amend, and repeal substantive rules defining with	13040
reasonable specificity acts or practices that violate sections	13041
1345.02, 1345.03, and 1345.031 of the Revised Code. In adopting,	13042
amending, or repealing substantive rules defining acts or	13043
practices that violate section 1345.02 of the Revised Code, due	13044
consideration and great weight shall be given to federal trade	13045
commission orders, trade regulation rules and guides, and the	13046
federal courts' interpretations of subsection 45(a)(1) of the	13047
"Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A.	13048
41, as amended.	13049

In adopting, amending, or repealing such rules concerning a	13050
consumer transaction in connection with a residential mortgage,	13051
the attorney general shall consult with the superintendent of	13052
financial institutions and shall give due consideration to state	13053
and federal statutes, regulations, administrative agency	13054
interpretations, and case law.	13055

(C) In the conduct of public hearings authorized by this	13056
section, the attorney general may administer oaths, subpoena	13057
witnesses, adduce evidence, and require the production of relevant	13058
material. Upon failure of a person without lawful excuse to obey a	13059
subpoena or to produce relevant matter, the attorney general may	13060
apply to a court of common pleas for an order compelling	13061
compliance.	13062

(D) The attorney general may request that an individual who	13063
refuses to testify or to produce relevant material on the ground	13064
that the testimony or matter may incriminate the individual be	13065
ordered by the court to provide the testimony or matter. With the	13066
exception of a prosecution for perjury and an action for damages	13067
under section 1345.07 or 1345.09 of the Revised Code, an	13068
individual who complies with a court order to provide testimony or	13069
matter, after asserting a privilege against self incrimination to	13070
which the individual is entitled by law, shall not be subjected to	13071
a criminal proceeding on the basis of the testimony or matter	13072
discovered through that testimony or matter.	13073

(E) Any person may petition the attorney general requesting	13074
the adoption, amendment, or repeal of a rule. The attorney general	13075
shall prescribe by rule the form for such petitions and the	13076
procedure for their submission, consideration, and disposition.	13077
Within sixty days of submission of a petition, the attorney	13078
general shall either deny the petition in writing, stating the	13079
reasons for the denial, or initiate rule-making proceedings. There	13080
is no right to appeal from such denial of a petition.	13081

(F) All rules shall be adopted subject to Chapter 119. of the	13082
Revised Code.	13083

(G) The informational document published in accordance with	13084
division (A)(4) of this section shall be made available for	13085
distribution to consumers who are applying for a mortgage loan. An	13086
acknowledgement of receipt shall be retained by the lender,	13087
mortgage broker, and loan officer, as applicable, subject to	13088
review by the attorney general and the department of commerce.	13089

Sec. 1501.04. There is hereby created in the department of	13090
natural resources a recreation and resources commission composed	13091
of the chairperson of the wildlife council created under section	13092
1531.03 of the Revised Code, the chairperson of the parks and	13093
recreation council created under section 1541.40 of the Revised	13094
Code, the chairperson of the waterways safety council created	13095
under section 1547.73 of the Revised Code, the chairperson of the	13096
technical advisory council on oil and gas created under section	13097
1509.38 of the Revised Code, the chairperson of the forestry	13098
advisory council created under section 1503.40 of the Revised	13099
Code, the chairperson of the Ohio soil and water conservation	13100
commission created under section 1515.02 of the Revised Code, the	13101
chairperson of the Ohio natural areas council created under	13102
section 1517.03 of the Revised Code, the chairperson of the Ohio	13103
water advisory council created under section 1521.031 of the	13104
Revised Code, ~~the chairperson of the recycling and litter~~	13105
~~prevention advisory council created under section 1502.04 of the~~	13106
~~Revised Code,~~ the chairperson of the Ohio geology advisory council	13107
created under section 1505.11 of the Revised Code, and five	13108
members appointed by the governor with the advice and consent of	13109
the senate, not more than three of whom shall belong to the same	13110
political party. The director of natural resources shall be an ex	13111
officio member of the commission, with a voice in its	13112
deliberations, but without the power to vote.	13113

Terms of office of members of the commission appointed by the	13114
governor shall be for five years, commencing on the second day of	13115
February and ending on the first day of February. Each member	13116
shall hold office from the date of appointment until the end of	13117
the term for which the member was appointed.	13118

In the event of the death, removal, resignation, or	13119
incapacity of a member of the commission, the governor, with the	13120
advice and consent of the senate, shall appoint a successor who	13121
shall hold office for the remainder of the term for which the	13122
member's predecessor was appointed. Any member shall continue in	13123
office subsequent to the expiration date of the member's term	13124
until the member's successor takes office, or until a period of	13125
sixty days has elapsed, whichever occurs first.	13126

The governor may remove any appointed member of the	13127
commission for misfeasance, nonfeasance, or malfeasance in office.	13128

The commission shall exercise no administrative function, but	13129
may do any of the following:	13130

(A) Advise with and recommend to the director as to plans and	13131
programs for the management, development, utilization, and	13132
conservation of the natural resources of the state;	13133

(B) Advise with and recommend to the director as to methods	13134
of coordinating the work of the divisions of the department;	13135

(C) Consider and make recommendations upon any matter that	13136
the director may submit to it;	13137

(D) Submit to the governor biennially recommendations for	13138
amendments to the conservation laws of the state.	13139

Each member of the commission, before entering upon the	13140
discharge of the member's duties, shall take and subscribe to an	13141
oath of office, which oath, in writing, shall be filed in the	13142
office of the secretary of state.	13143

The members of the commission shall serve without	13144
compensation, but shall be entitled to receive their actual and	13145
necessary expenses incurred in the performance of their official	13146
duties.	13147

The commission, by a majority vote of all its members, shall	13148
adopt and amend bylaws.	13149

To be eligible for appointment, a person shall be a citizen	13150
of the United States and an elector of the state and shall possess	13151
a knowledge of and have an interest in the natural resources of	13152
this state.	13153

The commission shall hold at least four regular quarterly	13154
meetings each year. Special meetings shall be held at such times	13155
as the bylaws of the commission provide. Notices of all meetings	13156
shall be given in such manner as the bylaws provide. The	13157
commission shall choose annually from among its members a	13158
chairperson to preside over its meetings and a secretary to keep a	13159
record of its proceedings. A majority of the members of the	13160
commission constitutes a quorum. No advice shall be given or	13161
recommendation made without a majority of the members of the	13162
commission concurring in it.	13163

Sec. 1503.012. There is hereby created in the state treasury	13164
the forestry mineral royalties fund. The fund shall consist of	13165
money deposited into it under section 1509.73 of the Revised Code.	13166
Any investment proceeds earned on money in the fund shall be	13167
credited to the fund.	13168

Money in the fund shall be used by the division of forestry	13169
to acquire land and to pay capital costs, including equipment and	13170
repairs and renovations of facilities, that are owned by the state	13171
and administered by the division. Expenditures from the fund for	13172
those purposes shall be approved by the director of natural	13173
resources.	13174

The director of natural resources also may request the	13175
director of budget and management to transfer money from the	13176
forestry mineral royalties fund to the parks mineral royalties	13177
fund created in section 1541.26 of the Revised Code. The director	13178
of budget and management shall transfer the money pursuant to the	13179
request if the director consents to the request. Money that is	13180
transferred to the parks mineral royalties fund shall be used for	13181
the purposes specified in section 1541.26 of the Revised Code.	13182

Sec. 1503.43. (A) As used in this section:

13183

(1) "Wilderness area" means a contiguous area of relatively	13184
undeveloped state-owned land administered by the division of	13185
forestry and consisting of not less than five thousand acres or of	13186
sufficient size as to make practicable its preservation and use in	13187
an unimpaired condition that either has retained its natural	13188
character and influence or has been substantially restored to a	13189
near natural appearance and that meets both of the following	13190
qualifications:	13191

(a) The area is one in which humankind's past influences are	13192
largely unnoticed;	13193

(b) The area has outstanding opportunities for solitude or	13194
for a primitive and unconfined type of recreation.	13195

(2) "Utility facility" includes, without limitation, towers,	13196
poles, pipes, sewers, tubing, conduits, conductors, cables,	13197
valves, lines, wires, manholes, and appurtenances thereto owned by	13198
a utility facility operator.	13199

(3) "Utility facility operator" means a person or public	13200
authority that supplies any of the following materials or services	13201
by means of a utility facility:	13202

(a) Flammable, toxic, or corrosive gas;

13203

(b) Crude oil, petroleum products, or hazardous liquids;

13204

13205

(d) Electricity;

13206

(e) Electronic, telephonic, or telegraphic communications;

13207

(f) Television signals;

13208

(g) Sewage disposal or drainage;

13209

(h) Potable water;

13210

(i) Steam or hot water.

13211

(B) That portion of contiguous state lands located in Scioto	13212
and Adams counties and within the Shawnee state forest and bounded	13213
by forest road seventeen and sunshine ridge to the north, by upper	13214
Twin Creek road to the east and northeast, by United States route	13215
fifty-two to the south, and by lower Twin Creek road to the west	13216
and southwest is hereby designated the Shawnee wilderness area.	13217
Except as otherwise specifically provided by this section or by	13218
rule adopted under this chapter, the provisions of this chapter	13219
apply to the Shawnee wilderness area, and that area shall continue	13220
to be a part of the Shawnee state forest.	13221

(C) The Shawnee wilderness area shall be managed to preserve	13222
natural conditions and ensure the continuance of natural	13223
processes. The chief of the division of forestry, with the	13224
approval of the director of natural resources, shall administer	13225
the Shawnee wilderness area in accordance with a management plan,	13226
which the chief shall develop and adopt within one year after	13227
September 14, 1988. Sixty days prior to adopting a plan, the chief	13228
shall solicit public review and comment on a draft plan. At least	13229
once every ten years, the chief shall conduct a review of the	13230
plan, with public input, and revise the plan as appropriate. The	13231
chief shall make the plan available for review by any person upon	13232
request.	13233

(D) Notwithstanding any other authority granted to the chief	13234
under this chapter, the chief shall include within the management	13235
plan adopted under division (C) of this section prohibitions of	13236
the following activities within the Shawnee wilderness area except	13237
for the areas exempted in division (E) of this section:	13238

(1) Picking, removal, cutting, or alteration in any manner of	13239
any vegetation unless the person first has obtained written	13240
consent from the chief for that activity and the action is	13241
necessary for appropriate public access, the preservation or	13242
restoration of a plant or wildlife species, or the documentation	13243
of scientific values;	13244

(2) Granting of any easement or license, or sale or lease of	13245
any of the land, for any purpose. Division (D)(2) of this section	13246
does not apply to any private easement or license in existence on	13247
September 14, 1988.	13248

(3) Exploration for or extraction of any coal, oil, gas, or	13249
minerals;	13250

(4) Operation, construction, or installation of a utility	13251
facility above or below the surface of the land;	13252

(5) Operation of a commercial enterprise;

13253

(6) Except as provided in division (D)(7) of this section,	13254
construction of a road upon any of the land or use of the land as	13255
a road;	13256

(7) Except as is necessary to meet emergency requirements for	13257
administration of the area:	13258

(a) Landing of an aircraft;

13259

(b) Operation of a motor vehicle, motor boat, other form of	13260
mechanical transport, or motorized equipment;	13261

13262

(d) Use of the land as a temporary road.

13263

(E)(1) The following areas, which now are necessary for the	13264
administration of the Shawnee state forest and the state forest	13265
system, are not subject to the prohibitions of division (D) of	13266
this section:	13267

(a) The Buena Vista manager's residence;

13268

(b) The Buena Vista walnut seed orchard;

13269

~~(c) The Twin Creek fire tower~~.

13270

(2) The following areas, which now are necessary for the	13271
administration of the Shawnee state forest and the state forest	13272
system, are not subject to the prohibition established in division	13273
(D)(7)(b) of this section for the purpose of trail maintenance:	13274

(a) The hiking trail west of upper Twin Creek road known as	13275
the wilderness loop;	13276

(b) Buckhorn ridge bridle trail;

13277

13278

(3) At any time that the chief makes a determination that it	13279
is no longer necessary for the administration of the Shawnee state	13280
forest or the state forest system for an area excluded in division	13281
(E)(1) or (2) of this section to be excluded, the area shall	13282
become subject to the prohibitions ofestablished in division (D)	13283
of this section or the prohibition established in division	13284
(D)(7)(b) of this section, as applicable.	13285

(F) The chief, in developing a management plan under division	13286
(C) of this section, may not prohibit any hunting, fishing, or	13287
trapping that is done in conformity with Chapters 1531. and 1533.	13288
of the Revised Code or any rules adopted under those chapters.	13289

Sec. 1506.42. The state, acting through the director of	13290
natural resources, subject to section 1506.46 of the Revised Code,	13291
may enter into agreements with counties, townships, municipal	13292
corporations, park boards, and conservancy districts, other	13293
political subdivisions, or any state departments or divisions for	13294
the purpose of constructing and maintaining projects to control	13295
erosion along the Ohio shoreline of Lake Erie and in any rivers	13296
and bays that are connected with Lake Erie and any other	13297
watercourses that flow into Lake Erie. Such projects also may be	13298
constructed on any Lake Erie island that is situated within the	13299
boundaries of the state.	13300

The cost of such shore erosion projects that are for the	13301
benefit of public littoral property shall be prorated on the basis	13302
of two-thirds of the total cost to the state through	13303
appropriations made to the department of natural resources and	13304
one-third of the cost to the counties, townships, municipal	13305
corporations, park boards, conservancy districts, or other	13306
political subdivisions.	13307

If a shore erosion emergency is declared by the governor, the	13308
state, acting through the director, may spend whatever state funds	13309
are available to alleviate shore erosion, without participation by	13310
any political subdivision, regardless of whether the project will	13311
benefit public or private littoral property.	13312

A board of county commissioners, acting for the county over	13313
which it has jurisdiction, may enter into and carry out agreements	13314
with the director for the construction and maintenance of projects	13315
to control shore erosion. In providing the funds for the county's	13316
proportionate share of the cost of constructing and maintaining	13317
the projects referred to in this section, the board shall be	13318
governed by and may issue and refund bonds in accordance with	13319
Chapter 133. of the Revised Code.	13320

A municipal corporation or a township, acting through the	13321
legislative authority or the board of township trustees, may enter	13322
into and carry out agreements with the director for the purpose of	13323
constructing and maintaining projects to control shore erosion. In	13324
providing the funds for the municipal corporation's or township's	13325
proportionate share of the cost of constructing and maintaining	13326
the projects referred to in this section, a municipal corporation	13327
or township may issue and refund bonds in accordance with Chapter	13328
133. of the Revised Code. The contract shall be executed on behalf	13329
of the municipal corporation or township by the mayor, city	13330
manager, or other chief executive officer who has the authority to	13331
act for the municipal corporation or township.	13332

Conservancy districts may enter into and carry out agreements	13333
with the director, in accordance with the intent of this section,	13334
under the powers conferred upon conservancy districts under	13335
Chapter 6101. of the Revised Code.	13336

Park boards may enter into and carry out agreements with the	13337
director, in accordance with the intent of this section, and issue	13338
bonds for that purpose under the powers conferred upon park	13339
districts under Chapter 1545. of the Revised Code.	13340

The director shall approve and supervise all projects that	13341
are to be constructed in accordance with this section. The	13342
director shall not proceed with the construction of any project	13343
until all funds that are to be paid by the county, township,	13344
municipal corporation, park board, or conservancy district, in	13345
accordance with the terms of the agreement entered into between	13346
the director and the county, township, municipal corporation, park	13347
board, or conservancy district, are in the director's possession	13348
and deposited in the shore erosion fund, which is hereby created	13349
in the state treasury. If the director finds it to be in the best	13350
interests of the state to construct projects as set forth in this	13351
section by the state itself, without the financial contribution of	13352
counties, townships, municipal corporations, park boards, or	13353
conservancy districts, the director may construct the projects.	13354

In deciding whether to assist a county or municipal	13355
corporation in constructing and maintaining a project under this	13356
section, the state, acting through the director, shall consider,	13357
among other factors, whether the county or municipal corporation	13358
has adopted or is in the process of adopting a Lake Erie coastal	13359
erosion area resolution or ordinance under division (D) of section	13360
1506.07 of the Revised Code.	13361

All projects constructed by the state in conformity with	13362
sections 1506.38 to 1506.46 of the Revised Code shall be	13363
constructed subject to sections 153.01 to 153.20 of the Revised	13364
Code, except that the ~~state architect and engineer~~Ohio facilities	13365
construction commission is not required to prepare the plans and	13366
specifications for those projects.	13367

Sec. 1509.071. (A) When the chief of the division of oil and	13368
gas resources management finds that an owner has failed to comply	13369
with a final nonappealable order issued or compliance agreement	13370
entered into under section 1509.04, the restoration requirements	13371
of section 1509.072, plugging requirements of section 1509.12, or	13372
permit provisions of section 1509.13 of the Revised Code, or rules	13373
and orders relating thereto, the chief shall make a finding of	13374
that fact and declare any surety bond filed to ensure compliance	13375
with those sections and rules forfeited in the amount set by rule	13376
of the chief. The chief thereupon shall certify the total	13377
forfeiture to the attorney general, who shall proceed to collect	13378
the amount of the forfeiture. In addition, the chief may require	13379
an owner, operator, producer, or other person who forfeited a	13380
surety bond to post a new surety bond in the amount of fifteen	13381
thousand dollars for a single well, thirty thousand dollars for	13382
two wells, or fifty thousand dollars for three or more wells.	13383

In lieu of total forfeiture, the surety or owner, at the	13384
surety's or owner's option, may cause the well to be properly	13385
plugged and abandoned and the area properly restored or pay to the	13386
treasurer of state the cost of plugging and abandonment.	13387

(B) All moneys collected because of forfeitures of bonds as	13388
provided in this section shall be deposited in the state treasury	13389
to the credit of the oil and gas well fund created in section	13390
1509.02 of the Revised Code.	13391

The chief annually shall spend not less than fourteen per	13392
cent of the revenue credited to the fund during the previous	13393
fiscal year for the following purposes:	13394

(1) In accordance with division (D) of this section, to plug	13395
idle and orphaned wells or to restore the land surface properly as	13396
required in section 1509.072 of the Revised Code;	13397

(2) In accordance with division (E) of this section, to	13398
correct conditions that the chief reasonably has determined are	13399
causing imminent health or safety risks at an idle and orphaned	13400
well or a well for which the owner cannot be contacted in order to	13401
initiate a corrective action within a reasonable period of time as	13402
determined by the chief.	13403

Expenditures from the fund shall be made only for lawful	13404
purposes. In addition, expenditures from the fund shall not be	13405
made to purchase real property or to remove a dwelling in order to	13406
access a well.	13407

(C)(1) Upon determining that the owner of a well has failed	13408
to properly plug and abandon it or to properly restore the land	13409
surface at the well site in compliance with the applicable	13410
requirements of this chapter and applicable rules adopted and	13411
orders issued under it or that a well is an abandoned well for	13412
which no funds are available to plug the well in accordance with	13413
this chapter, the chief shall do all of the following:	13414

(a) Determine from the records in the office of the county	13415
recorder of the county in which the well is located the identity	13416
of the owner of the land on which the well is located, the	13417
identity of the owner of the oil or gas lease under which the well	13418
was drilled or the identity of each person owning an interest in	13419
the lease, and the identities of the persons having legal title	13420
to, or a lien upon, any of the equipment appurtenant to the well;	13421

(b) Mail notice to the owner of the land on which the well is	13422
located informing the landowner that the well is to be plugged. If	13423
the owner of the oil or gas lease under which the well was drilled	13424
is different from the owner of the well or if any persons other	13425
than the owner of the well own interests in the lease, the chief	13426
also shall mail notice that the well is to be plugged to the owner	13427
of the lease or to each person owning an interest in the lease, as	13428
appropriate.	13429

(c) Mail notice to each person having legal title to, or a	13430
lien upon, any equipment appurtenant to the well, informing the	13431
person that the well is to be plugged and offering the person the	13432
opportunity to plug the well and restore the land surface at the	13433
well site at the person's own expense in order to avoid forfeiture	13434
of the equipment to this state.	13435

(2) If none of the persons described in division (C)(1)(c) of	13436
this section plugs the well within sixty days after the mailing of	13437
the notice required by that division, all equipment appurtenant to	13438
the well is hereby declared to be forfeited to this state without	13439
compensation and without the necessity for any action by the state	13440
for use to defray the cost of plugging and abandoning the well and	13441
restoring the land surface at the well site.	13442

(D) Expenditures from the fund for the purpose of division	13443
(B)(1) of this section shall be made in accordance with either of	13444
the following:	13445

(1) The expenditures may be made pursuant to contracts	13446
entered into by the chief with persons who agree to furnish all of	13447
the materials, equipment, work, and labor as specified and	13448
provided in such a contract for activities associated with the	13449
restoration or plugging of a well as determined by the chief. The	13450
activities may include excavation to uncover a well, geophysical	13451
methods to locate a buried well when clear evidence of leakage	13452
from the well exists, cleanout of wellbores to remove material	13453
from a failed plugging of a well, plugging operations,	13454
installation of vault and vent systems, including associated	13455
engineering certifications and permits, restoration of property,	13456
and repair of damage to property that is caused by such	13457
activities. Expenditures shall not be used for salaries,	13458
maintenance, equipment, or other administrative purposes, except	13459
for costs directly attributed to the plugging of an idle and	13460
orphaned well. Agents or employees of persons contracting with the	13461
chief for a restoration or plugging project may enter upon any	13462
land, public or private, on which the well is located for the	13463
purpose of performing the work. Prior to such entry, the chief	13464
shall give to the following persons written notice of the	13465
existence of a contract for a project to restore or plug a well,	13466
the names of the persons with whom the contract is made, and the	13467
date that the project will commence: the owner of the well, the	13468
owner of the land upon which the well is located, the owner or	13469
agents of adjoining land, and, if the well is located in the same	13470
township as or in a township adjacent to the excavations and	13471
workings of a mine and the owner or lessee of that mine has	13472
provided written notice identifying those townships to the chief	13473
at any time during the immediately preceding three years, the	13474
owner or lessee of the mine.	13475

(2)(a) The owner of the land on which a well is located who	13476
has received notice under division (C)(1)(b) of this section may	13477
plug the well and be reimbursed by the division of oil and gas	13478
resources management for the reasonable cost of plugging the well.	13479
In order to plug the well, the landowner shall submit an	13480
application to the chief on a form prescribed by the chief and	13481
approved by the technical advisory council on oil and gas created	13482
in section 1509.38 of the Revised Code. The application, at a	13483
minimum, shall require the landowner to provide the same	13484
information as is required to be included in the application for a	13485
permit to plug and abandon under section 1509.13 of the Revised	13486
Code. The application shall be accompanied by a copy of a proposed	13487
contract to plug the well prepared by a contractor regularly	13488
engaged in the business of plugging oil and gas wells. The	13489
proposed contract shall require the contractor to furnish all of	13490
the materials, equipment, work, and labor necessary to plug the	13491
well properly and shall specify the price for doing the work,	13492
including a credit for the equipment appurtenant to the well that	13493
was forfeited to the state through the operation of division	13494
(C)(2) of this section. Expenditures under division (D)(2)(a) of	13495
this section shall be consistent with the expenditures for	13496
activities described in division (D)(1) of this section. The	13497
application also shall be accompanied by the permit fee required	13498
by section 1509.13 of the Revised Code unless the chief, in the	13499
chief's discretion, waives payment of the permit fee. The	13500
application constitutes an application for a permit to plug and	13501
abandon the well for the purposes of section 1509.13 of the	13502
Revised Code.	13503

(b) Within thirty days after receiving an application and	13504
accompanying proposed contract under division (D)(2)(a) of this	13505
section, the chief shall determine whether the plugging would	13506
comply with the applicable requirements of this chapter and	13507
applicable rules adopted and orders issued under it and whether	13508
the cost of the plugging under the proposed contract is	13509
reasonable. If the chief determines that the proposed plugging	13510
would comply with those requirements and that the proposed cost of	13511
the plugging is reasonable, the chief shall notify the landowner	13512
of that determination and issue to the landowner a permit to plug	13513
and abandon the well under section 1509.13 of the Revised Code.	13514
Upon approval of the application and proposed contract, the chief	13515
shall transfer ownership of the equipment appurtenant to the well	13516
to the landowner. The chief may disapprove an application	13517
submitted under division (D)(2)(a) of this section if the chief	13518
determines that the proposed plugging would not comply with the	13519
applicable requirements of this chapter and applicable rules	13520
adopted and orders issued under it, that the cost of the plugging	13521
under the proposed contract is unreasonable, or that the proposed	13522
contract is not a bona fide, arm's length contract.	13523

(c) After receiving the chief's notice of the approval of the	13524
application and permit to plug and abandon a well under division	13525
(D)(2)(b) of this section, the landowner shall enter into the	13526
proposed contract to plug the well.	13527

(d) Upon determining that the plugging has been completed in	13528
compliance with the applicable requirements of this chapter and	13529
applicable rules adopted and orders issued under it, the chief	13530
shall reimburse the landowner for the cost of the plugging as set	13531
forth in the proposed contract approved by the chief. The	13532
reimbursement shall be paid from the oil and gas well fund. If the	13533
chief determines that the plugging was not completed in accordance	13534
with the applicable requirements, the chief shall not reimburse	13535
the landowner for the cost of the plugging, and the landowner or	13536
the contractor, as applicable, promptly shall transfer back to	13537
this state title to and possession of the equipment appurtenant to	13538
the well that previously was transferred to the landowner under	13539
division (D)(2)(b) of this section. If any such equipment was	13540
removed from the well during the plugging and sold, the landowner	13541
shall pay to the chief the proceeds from the sale of the	13542
equipment, and the chief promptly shall pay the moneys so received	13543
to the treasurer of state for deposit into the oil and gas well	13544
fund.	13545

The chief may establish an annual limit on the number of	13546
wells that may be plugged under division (D)(2) of this section or	13547
an annual limit on the expenditures to be made under that	13548
division.	13549

As used in division (D)(2) of this section, "plug" and	13550
"plugging" include the plugging of the well and the restoration of	13551
the land surface disturbed by the plugging.	13552

(E) Expenditures from the oil and gas well fund for the	13553
purpose of division (B)(2) of this section may be made pursuant to	13554
contracts entered into by the chief with persons who agree to	13555
furnish all of the materials, equipment, work, and labor as	13556
specified and provided in such a contract. The competitive bidding	13557
requirements of Chapter 153. of the Revised Code do not apply if	13558
the chief reasonably determines that an emergency situation exists	13559
requiring immediate action for the correction of the applicable	13560
health or safety risk ~~requires immediate action~~. A contract or	13561
purchase of materials for purposes of addressing the emergency	13562
situation is not subject to division (B) of section 127.16 of the	13563
Revised Code. The chief, designated representatives of the chief,	13564
and agents or employees of persons contracting with the chief	13565
under this division may enter upon any land, public or private,	13566
for the purpose of performing the work.	13567

(F) Contracts entered into by the chief under this section	13568
are not subject to ~~either~~any of the following:	13569

(1) Chapter 4115. of the Revised Code;

13570

(2) Section 153.54 of the Revised Code, except that the	13571
contractor shall obtain and provide to the chief as a bid guaranty	13572
a surety bond or letter of credit in an amount equal to ten per	13573
cent of the amount of the contract;	13574

(3) Section 4733.17 of the Revised Code.

13575

(G) The owner of land on which a well is located who has	13576
received notice under division (C)(1)(b) of this section, in lieu	13577
of plugging the well in accordance with division (D)(2) of this	13578
section, may cause ownership of the well to be transferred to an	13579
owner who is lawfully doing business in this state and who has met	13580
the financial responsibility requirements established under	13581
section 1509.07 of the Revised Code, subject to the approval of	13582
the chief. The transfer of ownership also shall be subject to the	13583
landowner's filing the appropriate forms required under section	13584
1509.31 of the Revised Code and providing to the chief sufficient	13585
information to demonstrate the landowner's or owner's right to	13586
produce a formation or formations. That information may include a	13587
deed, a lease, or other documentation of ownership or property	13588
rights.	13589

The chief shall approve or disapprove the transfer of	13590
ownership of the well. If the chief approves the transfer, the	13591
owner is responsible for operating the well in accordance with	13592
this chapter and rules adopted under it, including, without	13593
limitation, all of the following:	13594

(1) Filing an application with the chief under section	13595
1509.06 of the Revised Code if the owner intends to drill deeper	13596
or produce a formation that is not listed in the records of the	13597
division for that well;	13598

(2) Taking title to and possession of the equipment	13599
appurtenant to the well that has been identified by the chief as	13600
having been abandoned by the former owner;	13601

(3) Complying with all applicable requirements that are	13602
necessary to drill deeper, plug the well, or plug back the well.	13603

(H) The chief shall issue an order that requires the owner of	13604
a well to pay the actual documented costs of a corrective action	13605
that is described in division (B)(2) of this section concerning	13606
the well. The chief shall transmit the money so recovered to the	13607
treasurer of state who shall deposit the money in the state	13608
treasury to the credit of the oil and gas well fund.	13609

(I) The chief may engage in cooperative projects under this	13610
section with any agency of this state, another state, or the	13611
United States; any other governmental agencies; or any state	13612
university or college as defined in section 3345.27 of the Revised	13613
Code. A contract entered into for purposes of a cooperative	13614
project is not subject to division (B) of section 127.16 of the	13615
Revised Code.	13616

Sec. 1509.36. Any person adversely affected by an order by	13617
the chief of the division of oil and gas resources management may	13618
appeal to the oil and gas commission for an order vacating or	13619
modifying the order.	13620

The person so appealing to the commission shall be known as	13621
appellant and the chief shall be known as appellee. Appellant and	13622
appellee shall be deemed to be parties to the appeal.	13623

The appeal shall be in writing and shall set forth the order	13624
complained of and the grounds upon which the appeal is based. The	13625
appeal shall be filed with the commission within thirty days after	13626
the date upon which the appellant received notice by certified	13627
mail and, for all other persons adversely affected by the order,	13628
within thirty days after the date of the order complained of.	13629
Notice of the filing of the appeal shall be filed with the chief	13630
within three days after the appeal is filed with the commission.	13631

Upon the filing of the appeal the commission promptly shall	13632
fix the time and place at which the hearing on the appeal will be	13633
held, and shall give the appellant and the chief at least ten	13634
days' written notice thereof by mail. The commission may postpone	13635
or continue any hearing upon its own motion or upon application of	13636
the appellant or of the chief.	13637

The filing of an appeal provided for in this section does not	13638
automatically suspend or stay execution of the order appealed	13639
from, but upon application by the appellant the commission may	13640
suspend or stay the execution pending determination of the appeal	13641
upon such terms as the commission considers proper.	13642

Either party to the appeal or any interested person who,	13643
pursuant to commission rules has been granted permission to	13644
appear, may submit such evidence as the commission considers	13645
admissible.	13646

For the purpose of conducting a hearing on an appeal, the	13647
commission may require the attendance of witnesses and the	13648
production of books, records, and papers, and it may, and at the	13649
request of any party it shall, issue subpoenas for witnesses or	13650
subpoenas duces tecum to compel the production of any books,	13651
records, or papers, directed to the sheriffs of the counties where	13652
the witnesses are found. The subpoenas shall be served and	13653
returned in the same manner as subpoenas in criminal cases are	13654
served and returned. The fees of sheriffs shall be the same as	13655
those allowed by the court of common pleas in criminal cases.	13656
Witnesses shall be paid the fees and mileage provided for under	13657
section 119.094 of the Revised Code. Such fees and mileage	13658
expenses incurred at the request of appellant shall be paid in	13659
advance by the appellant, and the remainder of those expenses	13660
shall be paid out of funds appropriated for the expenses of the	13661
division of oil and gas resources management.	13662

In case of disobedience or neglect of any subpoena served on	13663
any person, or the refusal of any witness to testify to any matter	13664
regarding which the witness may be lawfully interrogated, the	13665
court of common pleas of the county in which the disobedience,	13666
neglect, or refusal occurs, or any judge thereof, on application	13667
of the commission or any member thereof, shall compel obedience by	13668
attachment proceedings for contempt as in the case of disobedience	13669
of the requirements of a subpoena issued from that court or a	13670
refusal to testify therein. Witnesses at such hearings shall	13671
testify under oath, and any member of the commission may	13672
administer oaths or affirmations to persons who so testify.	13673

At the request of any party to the appeal, a ~~stenographic~~	13674
record of the testimony and other evidence submitted shall be	13675
taken by an official court ~~shorthand~~ reporter at the expense of	13676
the party making the request ~~therefor~~for the record. The record	13677
shall include all of the testimony and other evidence and the	13678
rulings on the admissibility thereof presented at the hearing. The	13679
commission shall pass upon the admissibility of evidence, but any	13680
party may at the time object to the admission of any evidence and	13681
except to the rulings of the commission thereon, and if the	13682
commission refuses to admit evidence the party offering same may	13683
make a proffer thereof, and such proffer shall be made a part of	13684
the record of the hearing.	13685

If upon completion of the hearing the commission finds that	13686
the order appealed from was lawful and reasonable, it shall make a	13687
written order affirming the order appealed from; if the commission	13688
finds that the order was unreasonable or unlawful, it shall make a	13689
written order vacating the order appealed from and making the	13690
order that it finds the chief should have made. Every order made	13691
by the commission shall contain a written finding by the	13692
commission of the facts upon which the order is based.	13693

Notice of the making of the order shall be given forthwith to	13694
each party to the appeal by mailing a certified copy thereof to	13695
each such party by certified mail.	13696

The order of the commission is final unless vacated by the	13697
court of common pleas of Franklin county in an appeal as provided	13698
for in section 1509.37 of the Revised Code. Sections 1509.01 to	13699
1509.37 of the Revised Code, providing for appeals relating to	13700
orders by the chief or by the commission, or relating to rules	13701
adopted by the chief, do not constitute the exclusive procedure	13702
that any person who believes the person's rights to be unlawfully	13703
affected by those sections or any official action taken thereunder	13704
must pursue in order to protect and preserve those rights, nor do	13705
those sections constitute a procedure that that person must pursue	13706
before that person may lawfully appeal to the courts to protect	13707
and preserve those rights.	13708

Sec. 1533.081. (A) As used in this section:

13709

(1) "Energy" has the same meaning as in section 1551.01 of	13710
the Revised Code.	13711

(2) "Energy facility" means a facility at which energy is	13712
produced.	13713

(B) A person operating an energy facility whose operation may	13714
result in the incidental taking of a wild animal shall obtain a	13715
permit to do so from the chief of the division of wildlife under	13716
this section. The chief shall adopt rules under section 1531.10 of	13717
the Revised Code that are necessary to administer this section.	13718

Sec. 1533.10. Except as provided in this section or division	13719
(A)(2) of section 1533.12 of the Revised Code, no person shall	13720
hunt any wild bird or wild quadruped without a hunting license.	13721
Each day that any person hunts within the state without procuring	13722
such a license constitutes a separate offense. Except as otherwise	13723
provided in this section, every applicant for a hunting license	13724
who is a resident of the state and eighteen years of age or more	13725
shall procure a resident hunting license or an apprentice resident	13726
hunting license, the fee for which shall be eighteen dollars	13727
unless the rules adopted under division (B) of section 1533.12 of	13728
the Revised Code provide for issuance of a resident hunting	13729
license to the applicant free of charge. Except as provided in	13730
rules adopted under division (B)(2) of that section, each	13731
applicant who is a resident of this state and who at the time of	13732
application is sixty-six years of age or older shall procure a	13733
special senior hunting license, the fee for which shall be	13734
one-half of the regular hunting license fee. Every applicant who	13735
is under the age of eighteen years shall procure a special youth	13736
hunting license or an apprentice youth hunting license, the fee	13737
for which shall be one-half of the regular hunting license fee.	13738

A resident of this state who owns lands in the state and the	13739
owner's children of any age and grandchildren under eighteen years	13740
of age may hunt on the lands without a hunting license. A resident	13741
of any other state who owns real property in this state, and the	13742
spouse and children living with the property owner, may hunt on	13743
that property without a license, provided that the state of	13744
residence of the real property owner allows residents of this	13745
state owning real property in that state, and the spouse and	13746
children living with the property owner, to hunt without a	13747
license. If the owner of land in this state is a limited liability	13748
company or a limited liability partnership that consists of three	13749
or fewer individual members or partners, as applicable, an	13750
individual member or partner who is a resident of this state and	13751
the member's or partner's children of any age and grandchildren	13752
under eighteen years of age may hunt on the land owned by the	13753
limited liability company or limited liability partnership without	13754
a hunting license. In addition, if the owner of land in this state	13755
is a trust that has a total of three or fewer trustees and	13756
beneficiaries, an individual who is a trustee or beneficiary and	13757
who is a resident of this state and the individual's children of	13758
any age and grandchildren under eighteen years of age may hunt on	13759
the land owned by the trust without a hunting license. The tenant	13760
and children of the tenant, residing on lands in the state, may	13761
hunt on them without a hunting license.	13762

Except as otherwise provided in division (A)(1) of section	13763
1533.12 of the Revised Code, every applicant for a hunting license	13764
who is a nonresident of the state and who is eighteen years of age	13765
or older shall procure a nonresident hunting license or an	13766
apprentice nonresident hunting license, the fee for which shall be	13767
one hundred twenty-four dollars unless the applicant is a resident	13768
of a state that is a party to an agreement under section 1533.91	13769
of the Revised Code, in which case the fee shall be eighteen	13770
dollars. Apprentice resident hunting licenses, apprentice youth	13771
hunting licenses, and apprentice nonresident hunting licenses are	13772
subject to the requirements established under section 1533.102 of	13773
the Revised Code and rules adopted pursuant to it.	13774

The chief of the division of wildlife may issue a small game	13775
hunting license expiring three days from the effective date of the	13776
license to a nonresident of the state, the fee for which shall be	13777
thirty-nine dollars. No person shall take or possess deer, wild	13778
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame	13779
animal while possessing only a small game hunting license. A small	13780
game hunting license or an apprentice nonresident hunting license	13781
does not authorize the taking or possessing of ducks, geese, or	13782
brant without having obtained, in addition to the small game	13783
hunting license or the apprentice nonresident hunting license, a	13784
wetlands habitat stamp as provided in section 1533.112 of the	13785
Revised Code. A small game hunting license or an apprentice	13786
nonresident hunting license does not authorize the taking or	13787
possessing of deer, wild turkeys, or fur-bearing animals. A	13788
nonresident of the state who wishes to take or possess deer, wild	13789
turkeys, or fur-bearing animals in this state shall procure,	13790
respectively, a deer or wild turkey permit as provided in section	13791
1533.11 of the Revised Code or a fur taker permit as provided in	13792
section 1533.111 of the Revised Code in addition to a nonresident	13793
hunting license, an apprentice nonresident hunting license, a	13794
special youth hunting license, or an apprentice youth hunting	13795
license, as applicable, as provided in this section.	13796

No person shall procure or attempt to procure a hunting	13797
license by fraud, deceit, misrepresentation, or any false	13798
statement.	13799

This section does not authorize the taking and possessing of	13800
deer or wild turkeys without first having obtained, in addition to	13801
the hunting license required by this section, a deer or wild	13802
turkey permit as provided in section 1533.11 of the Revised Code	13803
or the taking and possessing of ducks, geese, or brant without	13804
first having obtained, in addition to the hunting license required	13805
by this section, a wetlands habitat stamp as provided in section	13806
1533.112 of the Revised Code.	13807

This section does not authorize the hunting or trapping of	13808
fur-bearing animals without first having obtained, in addition to	13809
a hunting license required by this section, a fur taker permit as	13810
provided in section 1533.111 of the Revised Code.	13811

No hunting license shall be issued unless it is accompanied	13812
by a written explanation of the law in section 1533.17 of the	13813
Revised Code and the penalty for its violation, including a	13814
description of terms of imprisonment and fines that may be	13815
imposed.	13816

No hunting license, other than an apprentice hunting license,	13817
shall be issued unless the applicant presents to the agent	13818
authorized to issue the license a previously held hunting license	13819
or evidence of having held such a license in content and manner	13820
approved by the chief, a certificate of completion issued upon	13821
completion of a hunter education and conservation course approved	13822
by the chief, or evidence of equivalent training in content and	13823
manner approved by the chief. A previously held apprentice hunting	13824
license does not satisfy the requirement concerning the	13825
presentation of a previously held hunting license or evidence of	13826
it.	13827

No person shall issue a hunting license, except an apprentice	13828
hunting license, to any person who fails to present the evidence	13829
required by this section. No person shall purchase or obtain a	13830
hunting license, other than an apprentice hunting license, without	13831
presenting to the issuing agent the evidence required by this	13832
section. Issuance of a hunting license in violation of the	13833
requirements of this section is an offense by both the purchaser	13834
of the illegally obtained hunting license and the clerk or agent	13835
who issued the hunting license. Any hunting license issued in	13836
violation of this section is void.	13837

The chief, with approval of the wildlife council, shall adopt	13838
rules prescribing a hunter education and conservation course for	13839
first-time hunting license buyers, other than buyers of apprentice	13840
hunting licenses, and for volunteer instructors. The course shall	13841
consist of subjects including, but not limited to, hunter safety	13842
and health, use of hunting implements, hunting tradition and	13843
ethics, the hunter and conservation, the law in section 1533.17 of	13844
the Revised Code along with the penalty for its violation,	13845
including a description of terms of imprisonment and fines that	13846
may be imposed, and other law relating to hunting. Authorized	13847
personnel of the division or volunteer instructors approved by the	13848
chief shall conduct such courses with such frequency and at such	13849
locations throughout the state as to reasonably meet the needs of	13850
license applicants. The chief shall issue a certificate of	13851
completion to each person who successfully completes the course	13852
and passes an examination prescribed by the chief.	13853

Sec. 1541.26. There is hereby created in the state treasury	13854
the parks mineral royalties fund. The fund shall consist of money	13855
deposited into it under section 1509.73 of the Revised Code and	13856
money transferred to it under section 1503.012 of the Revised	13857
Code. Any investment proceeds earned on money in the fund shall be	13858
credited to the fund.	13859

Money in the fund shall be used by the division of parks and	13860
recreation to acquire land and to pay capital costs, including	13861
equipment and repairs and renovations of facilities, that are	13862
owned by the state and administered by the division. Expenditures	13863
from the fund shall be approved by the director of natural	13864
resources.	13865

Sec. 1551.33. (A) The director of development shall appoint	13866
and fix the compensation of the director of the Ohio coal	13867
development office. The director shall serve at the pleasure of	13868
the director of development.	13869

(B) The director of the office shall do all of the following:

13870

(1) Biennially prepare and maintain the Ohio coal development	13871
agenda required under section 1551.34 of the Revised Code;	13872

(2) Propose and support policies for the office consistent	13873
with the Ohio coal development agenda and develop means to	13874
implement the agenda;	13875

(3) Initiate, undertake, and support projects to carry out	13876
the office's purposes and ensure that the projects are consistent	13877
with and meet the selection criteria established by the Ohio coal	13878
development agenda;	13879

(4) Actively encourage joint participation in and, when	13880
feasible, joint funding of the office's projects with governmental	13881
agencies, electric utilities, universities and colleges, other	13882
public or private interests, or any other person;	13883

(5) Establish a table of organization for and employ such	13884
employees and agents as are necessary for the administration and	13885
operation of the office. Any such employees shall be in the	13886
unclassified service and shall serve at the pleasure of the	13887
director of development.	13888

(6) Appoint specified members of and convene the technical	13889
advisory committee established under section 1551.35 of the	13890
Revised Code;	13891

(7) Review, with the assistance of the technical advisory	13892
committee, proposed coal research and development projects as	13893
defined in section 1555.01 of the Revised Code, and coal	13894
development projects, submitted to the office by public utilities	13895
for the purpose of section 4905.304 of the Revised Code. If the	13896
director and the advisory committee determine that any such	13897
facility or project has as its purpose the enhanced use of Ohio	13898
coal in an environmentally acceptable, cost effective manner,	13899
promotes energy conservation, is cost effective, and is	13900
environmentally sound, the director shall submit to the public	13901
utilities commission a report recommending that the commission	13902
allow the recovery of costs associated with the facility or	13903
project under section 4905.304 of the Revised Code and including	13904
the reasons for the recommendation.	13905

(8) Establish such policies, procedures, and guidelines as	13906
are necessary to achieve the office's purposes.	13907

(C) ~~The~~With the approval of the director of development, the	13908
director of the office may exercise any of the powers and duties	13909
that the director of ~~the office~~development considers appropriate	13910
or desirable to achieve the office's purposes, including, but not	13911
limited to, the powers and duties enumerated in sections 1551.11,	13912
1551.12, and 1551.15 of the Revised Code.	13913

Additionally, the director of the office may make loans to	13914
governmental agencies or persons for projects to carry out the	13915
office's purposes. Fees, charges, rates of interest, times of	13916
payment of interest and principal, and other terms, conditions,	13917
and provisions of the loans shall be such as the director of the	13918
office determines to be appropriate and in furtherance of the	13919
purposes for which the loans are made. The mortgage lien securing	13920
any moneys lent by the director of the office may be subordinate	13921
to the mortgage lien securing any moneys lent or invested by a	13922
financial institution, but shall be superior to that securing any	13923
moneys lent or expended by any other person. The moneys used in	13924
making the loans shall be disbursed upon order of the director of	13925
the office.	13926

Sec. 1555.02. It is hereby declared to be the public policy	13927
of this state through the operations of the Ohio coal development	13928
office under this chapter to contribute toward one or more of the	13929
following: to provide for the comfort, health, safety, and general	13930
welfare of all employees and other inhabitants of this state	13931
through research and development directed toward the discovery of	13932
new technologies or the demonstration or application of existing	13933
technologies to enable the conversion or use of Ohio coal as a	13934
fuel or chemical feedstock in an environmentally acceptable manner	13935
thereby enhancing the marketability and fostering the use of this	13936
state's vast reserves of coal, to assist in the financing of coal	13937
research and development and coal research and development	13938
projects or facilities for persons doing business in this state	13939
and educational and scientific institutions located in this state,	13940
to create or preserve jobs and employment opportunities or improve	13941
the economic welfare of the people of this state, or to assist and	13942
cooperate with such persons and educational and scientific	13943
institutions in conducting coal research and development. In	13944
furtherance of this public policy, the Ohio coal development	13945
office, with the advice of the technical advisory committee	13946
created in section 1551.35 of the Revised Code and the approval of	13947
the director of development, may make loans, guarantee loans, and	13948
make grants to persons doing business in this state or to	13949
educational or scientific institutions located in this state for	13950
coal research and development projects by such persons or	13951
educational or scientific institutions; may, with the advice of	13952
the technical advisory committee and the approval of the director	13953
of development, request the issuance of coal research and	13954
development general obligations under section 151.07 of the	13955
Revised Code to provide funds for making such loans, loan	13956
guarantees, and grants; and may, with the advice of the technical	13957
advisory committee and the approval of the director of	13958
development, expend moneys credited to the coal research and	13959
development fund created in section 1555.15 of the Revised Code	13960
for the purpose of making such loans, loan guarantees, and grants.	13961
Determinations by the director of the Ohio coal development office	13962
that coal research and development or a coal research and	13963
development facility is a coal research and development project	13964
under this chapter and is consistent with the purposes of Section	13965
15 of Article VIII, Ohio Constitution, and this chapter shall be	13966
conclusive as to the validity and enforceability of the coal	13967
research and development general obligations issued to finance	13968
such project and of the authorizations, trust agreements or	13969
indentures, loan agreements, loan guarantee agreements, or grant	13970
agreements, and other agreements made in connection therewith, all	13971
in accordance with their terms.	13972

Sec. 1555.03. For the purposes of this chapter, the director	13973
of the Ohio coal development office may:	13974

(A) With the advice of the technical advisory committee	13975
created in section 1551.35 of the Revised Code and the approval of	13976
the director of development, make loans, guarantee loans, and make	13977
grants to persons doing business in this state or to educational	13978
or scientific institutions located in this state for coal research	13979
and development projects by any such person or educational or	13980
scientific institution and adopt rules under Chapter 119. of the	13981
Revised Code for making such loans, guarantees, and grants.	13982

(B) In making loans, loan guarantees, and grants under	13983
division (A) of this section and section 1555.04 of the Revised	13984
Code, the director of the office shall ensure that an adequate	13985
portion of the total amount of those loans, loan guarantees, and	13986
grants, as determined by the director with the advice of the	13987
technical advisory committee, is used for conducting research on	13988
fundamental scientific problems related to the utilization of Ohio	13989
coal and shall ensure, to the maximum feasible extent, joint	13990
financial participation by the federal government or other	13991
investors or interested parties in conjunction with any such loan,	13992
loan guarantee, or grant. The director, in each grant agreement or	13993
contract under division (A) of this section, loan contract or	13994
agreement under this division or section 1555.04 of the Revised	13995
Code, and contract of guarantee under section 1555.05 of the	13996
Revised Code, shall require that the facility or project be	13997
maintained and kept in good condition and repair by the person or	13998
educational or scientific institution to whom the grant or loan	13999
was made or for whom the guarantee was made.	14000

(C) From time to time, with the advice of the technical	14001
advisory committee and the approval of the director of	14002
development, request the issuance of coal research and development	14003
general obligations under section 151.07 of the Revised Code, for	14004
any of the purposes set forth in Section 15 of Article VIII, Ohio	14005
Constitution, and subject to the limitations therein upon the	14006
aggregate total amount of obligations that may be outstanding at	14007
any time.	14008

(D) Include as a condition of any loan, loan guarantee, or	14009
grant contract or agreement with any such person or educational or	14010
scientific institution that the director of the office receive, in	14011
addition to payments of principal and interest on any such loan or	14012
service charges for any such guarantee, as appropriate, as	14013
authorized by Section 15,of Article VIII, Ohio Constitution, a	14014
reasonable royalty or portion of the income or profits arising out	14015
of the developments, discoveries, or inventions, including patents	14016
or copyrights, that result in whole or in part from coal research	14017
and development projects conducted under any such contract or	14018
agreement, in such amounts and for such period of years as may be	14019
negotiated and provided by the contract or agreement in advance of	14020
the making of the grant, loan, or loan guarantee. Moneys received	14021
by the director of the office under this section may be credited	14022
to the coal research and development bond service fund or used to	14023
make additional loans, loan guarantees, grants, or agreements	14024
under this section.	14025

(E) Employ managers, superintendents, and other employees and	14026
retain or contract with consulting engineers, financial	14027
consultants, accounting experts, architects, and such other	14028
consultants and independent contractors as are necessary in the	14029
judgment of the director of the office to carry out this chapter,	14030
and fix the compensation thereof.	14031

(F) Receive and accept from any federal agency, subject to	14032
the approval of the governor, grants for or in aid of the	14033
construction or operation of any coal research and development	14034
project or for coal research and development, and receive and	14035
accept aid or contributions from any source of money, property,	14036
labor, or other things of value, to be held, used, and applied	14037
only for the purposes for which such grants and contributions are	14038
made.	14039

(G) Purchase fire and extended coverage and liability	14040
insurance for any coal research and development project, insurance	14041
protecting the office and its officers and employees against	14042
liability for damage to property or injury to or death of persons	14043
arising from its operations, and any other insurance the director	14044
of the office determines necessary or proper under this chapter.	14045
Any moneys received by the director from the proceeds of any such	14046
insurance with respect to a coal research and development project	14047
and any moneys received by the director from the proceeds of any	14048
settlement, judgment, foreclosure, or other insurance with respect	14049
to a coal research and development project or facility shall be	14050
credited to the coal research and development bond service fund.	14051

(H) In the exercise of the powers of the director of the	14052
office under this chapter, call to the director's assistance,	14053
temporarily, from time to time, any engineers, technical experts,	14054
financial experts, and other employees in any state department,	14055
agency, or commission, or in the Ohio state university, or other	14056
educational institutions financed wholly or partially by this	14057
state for purposes of assisting the director of the office with	14058
reviewing and evaluating applications for financial assistance	14059
under this chapter, monitoring performance of coal research and	14060
development projects receiving financial assistance under this	14061
chapter, and reviewing and evaluating the progress and findings of	14062
those projects. Such engineers, experts, and employees shall not	14063
receive any additional compensation over that which they receive	14064
from the department, agency, commission, or educational	14065
institution by which they are employed, but they shall be	14066
reimbursed for their actual and necessary expenses incurred while	14067
working under the direction of the director.	14068

(I) Do all acts necessary or proper to carry out the powers	14069
expressly granted in this chapter.	14070

Sec. 1555.04. (A) With respect to coal research and	14071
development projects financed wholly or partially from a loan or	14072
loan guarantee under this chapter, the director of the Ohio coal	14073
development office, in addition to other powers under this	14074
chapter, with the advice of the technical advisory committee	14075
created in section 1551.35 of the Revised Code and the approval of	14076
the director of development, may enter into loan agreements,	14077
accept notes and other forms of obligation to evidence such	14078
indebtedness and mortgages, liens, pledges, assignments, or other	14079
security interests to secure such indebtedness, which may be prior	14080
or subordinate to or on a parity with other indebtedness,	14081
obligations, mortgages, pledges, assignments, other security	14082
interests, or liens or encumbrances, and take such actions as the	14083
director of the office considers appropriate to protect such	14084
security and safeguard against losses, including, without	14085
limitation, foreclosure and the bidding upon and purchase of	14086
property upon foreclosure or other sale.	14087

(B) The authority granted by this section is cumulative and	14088
supplementary to all other authority granted in this chapter. The	14089
authority granted by this section does not alter or impair any	14090
similar authority granted elsewhere in this chapter with respect	14091
to other projects.	14092

Sec. 1555.05. (A) Subject to any limitations as to aggregate	14093
amounts thereof that may from time to time be prescribed by the	14094
general assembly and to other applicable provisions of this	14095
chapter, and subject to the one-hundred-million-dollar limitation	14096
provided in Section 15 of Article VIII, Ohio Constitution, the	14097
director of the Ohio coal development office, on behalf of this	14098
state, with the advice of the technical advisory committee created	14099
in section 1551.35 of the Revised Code and the approval of the	14100
director of development, may enter into contracts to guarantee the	14101
repayment or payment of the unpaid principal amount of loans made	14102
to pay the costs of coal research and development projects.	14103

(B) The contract of guarantee may make provision for the	14104
conditions of, time for, and manner of fulfillment of the	14105
guarantee commitment, subrogation of this state to the rights of	14106
the parties guaranteed and exercise of such parties' rights by the	14107
state, giving the state the option of making payment of the	14108
principal amount guaranteed in one or more installments and, if	14109
deferred, to pay interest thereon from the source specified in	14110
division (A) of this section, and any other terms or conditions	14111
customary to such guarantees and as the director of the office may	14112
approve, and may contain provisions for securing the guarantee in	14113
the manner consistent with this section, covenants on behalf of	14114
this state to issue obligations under section 1555.08 of the	14115
Revised Code to provide moneys to fulfill such guarantees and	14116
covenants, and covenants restricting the aggregate amount of	14117
guarantees that may be contracted under this section and	14118
obligations that may be issued under section 151.07 of the Revised	14119
Code, and terms pertinent to either, to better secure the parties	14120
guaranteed.	14121

(C) The director of the office may fix service charges for	14122
making a guarantee. Such charges shall be payable at such times	14123
and place and in such amounts and manner as may be prescribed by	14124
the director. Moneys received from such charges shall be credited	14125
to the coal research and development bond service fund.	14126

(D) Any guaranteed parties under this section, by any	14127
suitable form of legal proceedings and except to the extent that	14128
their rights are restricted by the guarantee documents, may	14129
protect and enforce any rights under the laws of this state or	14130
granted by such guarantee or guarantee documents. Such rights	14131
include the right to compel the performance of all duties of the	14132
office required by this section or the guarantee or guarantee	14133
documents; and in the event of default with respect to the payment	14134
of any guarantees, to apply to a court having jurisdiction of the	14135
cause to appoint a receiver to receive and administer the moneys	14136
pledged to such guarantee with full power to pay, and to provide	14137
for payment of, such guarantee, and with such powers, subject to	14138
the direction of the court, as are accorded receivers in general	14139
equity cases, excluding any power to pledge or apply additional	14140
revenues or receipts or other income or moneys of this state. Each	14141
duty of the office and its director and employees required or	14142
undertaken under this section or a guarantee made under this	14143
section is hereby established as a duty of the office and of its	14144
director and each such employee having authority to perform such	14145
duty, specifically enjoined by the law resulting from an office,	14146
trust, or station within the meaning of section 2731.01 of the	14147
Revised Code. The persons who are at the time the director of the	14148
office, or its employees, are not liable in their personal	14149
capacities on any guarantees or contracts to make guarantees by	14150
the director.	14151

Sec. 1555.06. Upon application by the director of the Ohio	14152
coal development office with the approval of the director of	14153
development, the controlling board, from appropriations available	14154
to the board, may provide funds for surveys or studies by the	14155
office of any proposed coal research and development project	14156
subject to repayment by the office from funds available to it,	14157
within the time fixed by the board. Funds to be repaid shall be	14158
charged by the office to the appropriate coal research and	14159
development project and the amount thereof shall be a cost of the	14160
project. This section does not abrogate the authority of the	14161
controlling board to otherwise provide funds for use by the office	14162
in the exercise of the powers granted to it by this chapter.	14163

Sec. 1571.14. Any person claiming to be aggrieved or	14164
adversely affected by an order of the chief of the division of oil	14165
and gas resources management made as provided in section 1571.10	14166
or 1571.16 of the Revised Code may appeal to the director of	14167
natural resources for an order vacating or modifying such order.	14168
Upon receipt of the appeal, the director shall appoint an	14169
individual who has knowledge of the laws and rules regarding the	14170
underground storage of gas and who shall act as a hearing officer	14171
in accordance with Chapter 119. of the Revised Code in hearing the	14172
appeal.	14173

The person appealing to the director shall be known as	14174
appellant and the chief shall be known as appellee. The appellant	14175
and the appellee shall be deemed parties to the appeal.	14176

The appeal shall be in writing and shall set forth the order	14177
complained of and the grounds upon which the appeal is based. The	14178
appeal shall be filed with the director within thirty days after	14179
the date upon which appellant received notice by registered mail	14180
of the making of the order complained of, as required by section	14181
1571.10 of the Revised Code. Notice of the filing of such appeal	14182
shall be delivered by appellant to the chief within three days	14183
after the appeal is filed with the director.	14184

Within seven days after receipt of the notice of appeal the	14185
chief shall prepare and certify to the director at the expense of	14186
appellant a complete transcript of the proceedings out of which	14187
the appeal arises, including a transcript of the testimony	14188
submitted to the chief.	14189

Upon the filing of the appeal the director shall fix the time	14190
and place at which the hearing on the appeal will be held, and	14191
shall give appellant and the chief at least ten days' written	14192
notice thereof by mail. The director may postpone or continue any	14193
hearing upon the director's own motion or upon application of	14194
appellant or of the chief.	14195

The filing of an appeal provided for in this section does not	14196
automatically suspend or stay execution of the order appealed	14197
from, but upon application by the appellant the director may	14198
suspend or stay such execution pending determination of the appeal	14199
upon such terms as the director deems proper.	14200

The hearing officer appointed by the director shall hear the	14201
appeal de novo, and either party to the appeal may submit such	14202
evidence as the hearing officer deems admissible.	14203

For the purpose of conducting a hearing on an appeal, the	14204
hearing officer may require the attendance of witnesses and the	14205
production of books, records, and papers, and may, and at the	14206
request of any party shall, issue subpoenas for witnesses or	14207
subpoenas duces tecum to compel the production of any books,	14208
records, or papers, directed to the sheriffs of the counties where	14209
such witnesses are found, which subpoenas shall be served and	14210
returned in the same manner as subpoenas in criminal cases are	14211
served and returned. The fees of sheriffs shall be the same as	14212
those allowed by the court of common pleas in criminal cases.	14213
Witnesses shall be paid the fees and mileage provided for under	14214
section 119.094 of the Revised Code. Such fee and mileage expenses	14215
incurred at the request of appellant shall be paid in advance by	14216
appellant, and the remainder of such expenses shall be paid out of	14217
funds appropriated for the expenses of the division of oil and gas	14218
resources management.	14219

In case of disobedience or neglect of any subpoena served on	14220
any person, or the refusal of any witness to testify to any matter	14221
regarding which the witness may be lawfully interrogated, the	14222
court of common pleas of the county in which such disobedience,	14223
neglect, or refusal occurs, or any judge thereof, on application	14224
of the director, shall compel obedience by attachment proceedings	14225
for contempt as in the case of disobedience of the requirements of	14226
a subpoena issued from such court or a refusal to testify therein.	14227
Witnesses at such hearings shall testify under oath, and the	14228
hearing officer may administer oaths or affirmations to persons	14229
who so testify.	14230

At the request of any party to the appeal, a ~~stenographic~~	14231
record of the testimony and other evidence submitted shall be	14232
taken by an official court ~~shorthand~~ reporter at the expense of	14233
the party making the request ~~therefor~~for the record. The record	14234
shall include all of the testimony and other evidence and the	14235
rulings on the admissibility thereof presented at the hearing. The	14236
hearing officer shall pass upon the admissibility of evidence, but	14237
any party may at the time object to the admission of any evidence	14238
and except to the ruling of the hearing officer thereon, and if	14239
the hearing officer refuses to admit evidence, the party offering	14240
same may make a proffer thereof, and such proffer shall be made a	14241
part of the record of such hearing.	14242

If upon completion of the hearing the hearing officer finds	14243
that the order appealed from was lawful and reasonable, the	14244
hearing officer shall make a written order affirming the order	14245
appealed from. If the hearing officer finds that such order was	14246
unreasonable or unlawful, the hearing officer shall make a written	14247
order vacating the order appealed from and making the order that	14248
it finds the chief should have made. Every order made by the	14249
hearing officer shall contain a written finding by the hearing	14250
officer of the facts upon which the order is based. Notice of the	14251
making of such order shall be given forthwith to each party to the	14252
appeal by mailing a certified copy thereof to each such party by	14253
registered mail.	14254

Sec. 1707.08. (A) The transactions enumerated in section	14255
1707.06 of the Revised Code may be consummated on compliance with	14256
this section and section 1707.11 of the Revised Code.	14257

(B) A description, verified either by the oath of the	14258
individual filing it or of any individual having knowledge of the	14259
facts, shall be filed with the division of securities by the	14260
issuer, or by a majority of the incorporators of the issuer prior	14261
to election of officers if it is an incorporated issuer, or by a	14262
licensed dealer, which description shall be on forms prescribed by	14263
the division and shall set forth:	14264

(1) The name of the issuer;

14265

(2) A brief description of the securities;

14266

(3) The amount of the securities to be offered after the	14267
filing of the description for sale in this state and, if all the	14268
securities are not to be offered by the person filing the	14269
description, then the respective amounts to be offered by others,	14270
so far as those amounts are known, and the names and addresses of	14271
the other offerors;	14272

(4) A brief statement of the facts which show that the	14273
securities are the subject matter of a transaction enumerated in	14274
section 1707.06 of the Revised Code;	14275

(5) The price at which the securities are to be offered for	14276
sale.	14277

(C) The individual who executes the application for	14278
registration by description on behalf of the applicant shall state	14279
the individual's relationship to the applicant and certify all of	14280
the following:	14281

(1) The individual has executed the application on behalf of	14282
the applicant.	14283

(2) The individual is fully authorized to execute and file	14284
the application on behalf of the applicant.	14285

(3) The individual is familiar with the applicant's	14286
application.	14287

(4) To the best of the individual's knowledge, information,	14288
and belief, the statements made in the application are true, and	14289
the documents submitted with the application are true copies of	14290
the original documents.	14291

(D) A registration by description is effective seven business	14292
days after the division receives the description on applicable	14293
forms, together with aany filing fee ~~of fifty dollars~~required	14294
under this division, if no proceeding is pending under section	14295
1707.13 or 1707.131 of the Revised Code. However, the division may	14296
permit an earlier effective date by rule or by issuing a	14297
certificate of acknowledgment for the registration by description.	14298

For an offering that exceeds fifty thousand dollars, a filing	14299
fee of fifty dollars shall be submitted with the registration by	14300
description.	14301

(E) In order to correct errors or omissions, a registration	14302
by description may be amended by the person that originally filed	14303
it, by the filing, in the same manner as in the case of an	14304
original registration by description, of an amended registration	14305
by description or of an amendment of the original registration by	14306
description.	14307

(F) When transactions in any securities enumerated in section	14308
1707.06 of the Revised Code have been registered and the fees	14309
prescribed by this section have been paid, the transactions may be	14310
consummated so long as the registration remains in full force.	14311

Sec. 1707.391. When any securities have been sold in	14312
reliance upon division (Q), (W), (X), or (Y) of section 1707.03 of	14313
the Revised Code, section 1707.08 of the Revised Code, or any	14314
other section of this chapter that the division of securities may	14315
specify by rule, but such reliance was improper because the	14316
required filings were not timely or properly made due to excusable	14317
neglect, upon the effective date of an application made to the	14318
division and payment of ~~the required~~any applicable fee, if	14319
required and not already paid, ~~plus~~and upon payment of a penalty	14320
fee equal to the greater of the ~~required~~ fee or one hundred	14321
dollars, the sale of the securities shall be deemed exempt,	14322
qualified, or registered, as though timely and properly filed. The	14323
application shall become effective upon the expiration of fourteen	14324
days after the date of the filing in question if prior thereto the	14325
division did not give notice to the applicant that the application	14326
was denied based on a finding of lack of excusable neglect. The	14327
division shall promptly adopt and promulgate rules establishing	14328
provisions defining excusable neglect and otherwise establishing	14329
reasonable standards for determining excusable neglect.	14330

The effectiveness of an application under this section does	14331
not relieve anyone who has, other than for excusable neglect,	14332
violated sections 1707.01 to 1707.45 of the Revised Code, or any	14333
previous law in force at the time of sale, from prosecution	14334
thereunder.	14335

Sec. 1724.03. (A) After the articles of incorporation have	14336
been filed, and at the first meeting of the board of directors of	14337
a county land reutilization corporation, the board shall adopt	14338
regulations for the government of the corporation, the conduct of	14339
its affairs, and the management of its property, consistent with	14340
law and the articles. The content of the regulations shall be	14341
governed by section 1702.11 of the Revised Code to the extent not	14342
inconsistent with this chapter.	14343

(B) The board of directors of a county land reutilization	14344
corporation shall be composed of five, seven, or nine members,	14345
including the county treasurer, at least two of the members of the	14346
board of county commissioners, one representative of the largest	14347
municipal corporation, based on the population according to the	14348
most recent federal decennial census, that is located in the	14349
county, one representative of a township with a population of at	14350
least ten thousand in the unincorporated area of the township	14351
according to the most recent federal decennial census, if at least	14352
two such ~~a township exists~~townships exist in the county, and any	14353
remaining members selected by the treasurer and the county	14354
commissioners who are members of the corporation's board. At least	14355
one board member shall have private sector or nonprofit experience	14356
in rehabilitation or real estate acquisitions. A county treasurer	14357
and the county commissioners each may appoint a representative, as	14358
a director of the corporation, to act for the officer at any of	14359
the meetings of the corporation. Except as may otherwise be	14360
authorized by the regulations of the corporation, all members of	14361
the board of directors shall serve without compensation, but shall	14362
be reimbursed for actual and necessary expenses.	14363

Sec. 1733.47. Whenever the approval of the superintendent of	14364
credit unions is required under this chapter, or under an order or	14365
supervisory action issued or taken under this chapter, for a	14366
person to serve as an organizer, incorporator, director, or	14367
executive officer of a credit union, or to otherwise participate	14368
in the management of a credit union, the superintendent shall	14369
request the superintendent of the bureau of criminal	14370
identification and investigation, or a vendor approved by the	14371
bureau, to conduct a criminal records check based on the person's	14372
fingerprints in accordance with ~~division (A)(14) of~~ section	14373
109.572 of the Revised Code. The superintendent of credit unions	14374
shall request that criminal record information from the federal	14375
bureau of investigation be obtained as part of the criminal	14376
records check. Any fee required under division (C)(3) of section	14377
109.572 of the Revised Code shall be paid by the person who is the	14378
subject of the request.	14379

Sec. 1751.01. As used in this chapter:

14380

(A)(1) "Basic health care services" means the following	14381
services when medically necessary:	14382

(a) Physician's services, except when such services are	14383
supplemental under division (B) of this section;	14384

(b) Inpatient hospital services;

14385

14386

(d) Emergency health services;

14387

(e) Urgent care services;

14388

(f) Diagnostic laboratory services and diagnostic and	14389
therapeutic radiologic services;	14390

(g) Diagnostic and treatment services, other than	14391
prescription drug services, for biologically based mental	14392
illnesses;	14393

(h) Preventive health care services, including, but not	14394
limited to, voluntary family planning services, infertility	14395
services, periodic physical examinations, prenatal obstetrical	14396
care, and well-child care;	14397

(i) Routine patient care for patients enrolled in an eligible	14398
cancer clinical trial pursuant to section 3923.80 of the Revised	14399
Code.	14400

"Basic health care services" does not include experimental	14401
procedures.	14402

Except as provided by divisions (A)(2) and (3) of this	14403
section in connection with the offering of coverage for diagnostic	14404
and treatment services for biologically based mental illnesses, a	14405
health insuring corporation shall not offer coverage for a health	14406
care service, defined as a basic health care service by this	14407
division, unless it offers coverage for all listed basic health	14408
care services. However, this requirement does not apply to the	14409
coverage of beneficiaries enrolled in medicare pursuant to a	14410
medicare contract, or to the coverage of beneficiaries enrolled in	14411
the federal employee health benefits program pursuant to 5	14412
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to	14413
the coverage of beneficiaries under any federal health care	14414
program regulated by a federal regulatory body, or to the coverage	14415
of beneficiaries under any contract covering officers or employees	14416
of the state that has been entered into by the department of	14417
administrative services.	14418

(2) A health insuring corporation may offer coverage for	14419
diagnostic and treatment services for biologically based mental	14420
illnesses without offering coverage for all other basic health	14421
care services. A health insuring corporation may offer coverage	14422
for diagnostic and treatment services for biologically based	14423
mental illnesses alone or in combination with one or more	14424
supplemental health care services. However, a health insuring	14425
corporation that offers coverage for any other basic health care	14426
service shall offer coverage for diagnostic and treatment services	14427
for biologically based mental illnesses in combination with the	14428
offer of coverage for all other listed basic health care services.	14429

(3) A health insuring corporation that offers coverage for	14430
basic health care services is not required to offer coverage for	14431
diagnostic and treatment services for biologically based mental	14432
illnesses in combination with the offer of coverage for all other	14433
listed basic health care services if all of the following apply:	14434

(a) The health insuring corporation submits documentation	14435
certified by an independent member of the American academy of	14436
actuaries to the superintendent of insurance showing that incurred	14437
claims for diagnostic and treatment services for biologically	14438
based mental illnesses for a period of at least six months	14439
independently caused the health insuring corporation's costs for	14440
claims and administrative expenses for the coverage of basic	14441
health care services to increase by more than one per cent per	14442
year.	14443

(b) The health insuring corporation submits a signed letter	14444
from an independent member of the American academy of actuaries to	14445
the superintendent of insurance opining that the increase in costs	14446
described in division (A)(3)(a) of this section could reasonably	14447
justify an increase of more than one per cent in the annual	14448
premiums or rates charged by the health insuring corporation for	14449
the coverage of basic health care services.	14450

(c) The superintendent of insurance makes the following	14451
determinations from the documentation and opinion submitted	14452
pursuant to divisions (A)(3)(a) and (b) of this section:	14453

(i) Incurred claims for diagnostic and treatment services for	14454
biologically based mental illnesses for a period of at least six	14455
months independently caused the health insuring corporation's	14456
costs for claims and administrative expenses for the coverage of	14457
basic health care services to increase by more than one per cent	14458
per year.	14459

(ii) The increase in costs reasonably justifies an increase	14460
of more than one per cent in the annual premiums or rates charged	14461
by the health insuring corporation for the coverage of basic	14462
health care services.	14463

Any determination made by the superintendent under this	14464
division is subject to Chapter 119. of the Revised Code.	14465

(B)(1) "Supplemental health care services" means any health	14466
care services other than basic health care services that a health	14467
insuring corporation may offer, alone or in combination with	14468
either basic health care services or other supplemental health	14469
care services, and includes:	14470

(a) Services of facilities for intermediate or long-term	14471
care, or both;	14472

(b) Dental care services;

14473

(c) Vision care and optometric services including lenses and	14474
frames;	14475

(d) Podiatric care or foot care services;

14476

(e) Mental health services, excluding diagnostic and	14477
treatment services for biologically based mental illnesses;	14478

(f) Short-term outpatient evaluative and crisis-intervention	14479
mental health services;	14480

(g) Medical or psychological treatment and referral services	14481
for alcohol and drug abuse or addiction;	14482

(h) Home health services;

14483

(i) Prescription drug services;

14484

(j) Nursing services;

14485

(k) Services of a dietitian licensed under Chapter 4759. of	14486
the Revised Code;	14487

(l) Physical therapy services;

14488

(m) Chiropractic services;

14489

(n) Any other category of services approved by the	14490
superintendent of insurance.	14491

(2) If a health insuring corporation offers prescription drug	14492
services under this division, the coverage shall include	14493
prescription drug services for the treatment of biologically based	14494
mental illnesses on the same terms and conditions as other	14495
physical diseases and disorders.	14496

(C) "Specialty health care services" means one of the	14497
supplemental health care services listed in division (B) of this	14498
section, when provided by a health insuring corporation on an	14499
outpatient-only basis and not in combination with other	14500
supplemental health care services.	14501

(D) "Biologically based mental illnesses" means	14502
schizophrenia, schizoaffective disorder, major depressive	14503
disorder, bipolar disorder, paranoia and other psychotic	14504
disorders, obsessive-compulsive disorder, and panic disorder, as	14505
these terms are defined in the most recent edition of the	14506
diagnostic and statistical manual of mental disorders published by	14507
the American psychiatric association.	14508

(E) "Closed panel plan" means a health care plan that	14509
requires enrollees to use participating providers.	14510

(F) "Compensation" means remuneration for the provision of	14511
health care services, determined on other than a fee-for-service	14512
or discounted-fee-for-service basis.	14513

(G) "Contractual periodic prepayment" means the formula for	14514
determining the premium rate for all subscribers of a health	14515
insuring corporation.	14516

(H) "Corporation" means a corporation formed under Chapter	14517
1701. or 1702. of the Revised Code or the similar laws of another	14518
state.	14519

(I) "Emergency health services" means those health care	14520
services that must be available on a seven-days-per-week,	14521
twenty-four-hours-per-day basis in order to prevent jeopardy to an	14522
enrollee's health status that would occur if such services were	14523
not received as soon as possible, and includes, where appropriate,	14524
provisions for transportation and indemnity payments or service	14525
agreements for out-of-area coverage.	14526

(J) "Enrollee" means any natural person who is entitled to	14527
receive health care benefits provided by a health insuring	14528
corporation.	14529

(K) "Evidence of coverage" means any certificate, agreement,	14530
policy, or contract issued to a subscriber that sets out the	14531
coverage and other rights to which such person is entitled under a	14532
health care plan.	14533

(L) "Health care facility" means any facility, except a	14534
health care practitioner's office, that provides preventive,	14535
diagnostic, therapeutic, acute convalescent, rehabilitation,	14536
mental health, mental retardation, intermediate care, or skilled	14537
nursing services.	14538

(M) "Health care services" means basic, supplemental, and	14539
specialty health care services.	14540

(N) "Health delivery network" means any group of providers or	14541
health care facilities, or both, or any representative thereof,	14542
that have entered into an agreement to offer health care services	14543
in a panel rather than on an individual basis.	14544

(O) "Health insuring corporation" means a corporation, as	14545
defined in division (H) of this section, that, pursuant to a	14546
policy, contract, certificate, or agreement, pays for, reimburses,	14547
or provides, delivers, arranges for, or otherwise makes available,	14548
basic health care services, supplemental health care services, or	14549
specialty health care services, or a combination of basic health	14550
care services and either supplemental health care services or	14551
specialty health care services, through either an open panel plan	14552
or a closed panel plan.	14553

"Health insuring corporation" does not include a limited	14554
liability company formed pursuant to Chapter 1705. of the Revised	14555
Code, an insurer licensed under Title XXXIX of the Revised Code if	14556
that insurer offers only open panel plans under which all	14557
providers and health care facilities participating receive their	14558
compensation directly from the insurer, a corporation formed by or	14559
on behalf of a political subdivision or a department, office, or	14560
institution of the state, or a public entity formed by or on	14561
behalf of a board of county commissioners, a county board of	14562
developmental disabilities, an alcohol and drug addiction services	14563
board, a board of alcohol, drug addiction, and mental health	14564
services, or a community mental health board, as those terms are	14565
used in Chapters 340. and 5126. of the Revised Code. Except as	14566
provided by division (D) of section 1751.02 of the Revised Code,	14567
or as otherwise provided by law, no board, commission, agency, or	14568
other entity under the control of a political subdivision may	14569
accept insurance risk in providing for health care services.	14570
However, nothing in this division shall be construed as	14571
prohibiting such entities from purchasing the services of a health	14572
insuring corporation or a third-party administrator licensed under	14573
Chapter 3959. of the Revised Code.	14574

(P) "Intermediary organization" means a health delivery	14575
network or other entity that contracts with licensed health	14576
insuring corporations or self-insured employers, or both, to	14577
provide health care services, and that enters into contractual	14578
arrangements with other entities for the provision of health care	14579
services for the purpose of fulfilling the terms of its contracts	14580
with the health insuring corporations and self-insured employers.	14581

(Q) "Intermediate care" means residential care above the	14582
level of room and board for patients who require personal	14583
assistance and health-related services, but who do not require	14584
skilled nursing care.	14585

(R) "Medicaid" has the same meaning as in section 5111.01 of	14586
the Revised Code.	14587

(S) "Medical record" means the personal information that	14588
relates to an individual's physical or mental condition, medical	14589
history, or medical treatment.	14590

(T) "Medicare" means the program established under Title	14591
XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.	14592
1395, as amended.	14593

(U)(1) "Open panel plan" means a health care plan that	14594
provides incentives for enrollees to use participating providers	14595
and that also allows enrollees to use providers that are not	14596
participating providers.	14597

(2) No health insuring corporation may offer an open panel	14598
plan, unless the health insuring corporation is also licensed as	14599
an insurer under Title XXXIX of the Revised Code, the health	14600
insuring corporation, on June 4, 1997, holds a certificate of	14601
authority or license to operate under Chapter 1736. or 1740. of	14602
the Revised Code, or an insurer licensed under Title XXXIX of the	14603
Revised Code is responsible for the out-of-network risk as	14604
evidenced by both an evidence of coverage filing under section	14605
1751.11 of the Revised Code and a policy and certificate filing	14606
under section 3923.02 of the Revised Code.	14607

(V) "Osteopathic hospital" means a hospital registered under	14608
section 3701.07 of the Revised Code that advocates osteopathic	14609
principles and the practice and perpetuation of osteopathic	14610
medicine by doing any of the following:	14611

(1) Maintaining a department or service of osteopathic	14612
medicine or a committee on the utilization of osteopathic	14613
principles and methods, under the supervision of an osteopathic	14614
physician;	14615

(2) Maintaining an active medical staff, the majority of	14616
which is comprised of osteopathic physicians;	14617

(3) Maintaining a medical staff executive committee that has	14618
osteopathic physicians as a majority of its members.	14619

(W) "Panel" means a group of providers or health care	14620
facilities that have joined together to deliver health care	14621
services through a contractual arrangement with a health insuring	14622
corporation, employer group, or other payor.	14623

~~(W)~~(X) "Person" has the same meaning as in section 1.59 of	14624
the Revised Code, and, unless the context otherwise requires,	14625
includes any insurance company holding a certificate of authority	14626
under Title XXXIX of the Revised Code, any subsidiary and	14627
affiliate of an insurance company, and any government agency.	14628

~~(X)~~(Y) "Premium rate" means any set fee regularly paid by a	14629
subscriber to a health insuring corporation. A "premium rate" does	14630
not include a one-time membership fee, an annual administrative	14631
fee, or a nominal access fee, paid to a managed health care system	14632
under which the recipient of health care services remains solely	14633
responsible for any charges accessed for those services by the	14634
provider or health care facility.	14635

~~(Y)~~(Z) "Primary care provider" means a provider that is	14636
designated by a health insuring corporation to supervise,	14637
coordinate, or provide initial care or continuing care to an	14638
enrollee, and that may be required by the health insuring	14639
corporation to initiate a referral for specialty care and to	14640
maintain supervision of the health care services rendered to the	14641
enrollee.	14642

~~(Z)~~(AA) "Provider" means any natural person or partnership of	14643
natural persons who are licensed, certified, accredited, or	14644
otherwise authorized in this state to furnish health care	14645
services, or any professional association organized under Chapter	14646
1785. of the Revised Code, provided that nothing in this chapter	14647
or other provisions of law shall be construed to preclude a health	14648
insuring corporation, health care practitioner, or organized	14649
health care group associated with a health insuring corporation	14650
from employing certified nurse practitioners, certified nurse	14651
anesthetists, clinical nurse specialists, certified nurse	14652
midwives, dietitians, physician assistants, dental assistants,	14653
dental hygienists, optometric technicians, or other allied health	14654
personnel who are licensed, certified, accredited, or otherwise	14655
authorized in this state to furnish health care services.	14656

~~(AA)~~(BB) "Provider sponsored organization" means a	14657
corporation, as defined in division (H) of this section, that is	14658
at least eighty per cent owned or controlled by one or more	14659
hospitals, as defined in section 3727.01 of the Revised Code, or	14660
one or more physicians licensed to practice medicine or surgery or	14661
osteopathic medicine and surgery under Chapter 4731. of the	14662
Revised Code, or any combination of such physicians and hospitals.	14663
Such control is presumed to exist if at least eighty per cent of	14664
the voting rights or governance rights of a provider sponsored	14665
organization are directly or indirectly owned, controlled, or	14666
otherwise held by any combination of the physicians and hospitals	14667
described in this division.	14668

~~(BB)~~(CC) "Solicitation document" means the written materials	14669
provided to prospective subscribers or enrollees, or both, and	14670
used for advertising and marketing to induce enrollment in the	14671
health care plans of a health insuring corporation.	14672

~~(CC)~~(DD) "Subscriber" means a person who is responsible for	14673
making payments to a health insuring corporation for participation	14674
in a health care plan, or an enrollee whose employment or other	14675
status is the basis of eligibility for enrollment in a health	14676
insuring corporation.	14677

~~(DD)~~(EE) "Urgent care services" means those health care	14678
services that are appropriately provided for an unforeseen	14679
condition of a kind that usually requires medical attention	14680
without delay but that does not pose a threat to the life, limb,	14681
or permanent health of the injured or ill person, and may include	14682
such health care services provided out of the health insuring	14683
corporation's approved service area pursuant to indemnity payments	14684
or service agreements.	14685

Sec. 1751.02. (A) Notwithstanding any law in this state to	14686
the contrary, any corporation, as defined in section 1751.01 of	14687
the Revised Code, may apply to the superintendent of insurance for	14688
a certificate of authority to establish and operate a health	14689
insuring corporation. If the corporation applying for a	14690
certificate of authority is a foreign corporation domiciled in a	14691
state without laws similar to those of this chapter, the	14692
corporation must form a domestic corporation to apply for, obtain,	14693
and maintain a certificate of authority under this chapter.	14694

(B) No person shall establish, operate, or perform the	14695
services of a health insuring corporation in this state without	14696
obtaining a certificate of authority under this chapter.	14697

(C) Except as provided by division (D) of this section, no	14698
political subdivision or department, office, or institution of	14699
this state, or corporation formed by or on behalf of any political	14700
subdivision or department, office, or institution of this state,	14701
shall establish, operate, or perform the services of a health	14702
insuring corporation. Nothing in this section shall be construed	14703
to preclude a board of county commissioners, a county board of	14704
developmental disabilities, an alcohol and drug addiction services	14705
board, a board of alcohol, drug addiction, and mental health	14706
services, or a community mental health board, or a public entity	14707
formed by or on behalf of any of these boards, from using managed	14708
care techniques in carrying out the board's or public entity's	14709
duties pursuant to the requirements of Chapters 307., 329., 340.,	14710
and 5126. of the Revised Code. However, no such board or public	14711
entity may operate so as to compete in the private sector with	14712
health insuring corporations holding certificates of authority	14713
under this chapter.	14714

(D) A corporation formed by or on behalf of a publicly owned,	14715
operated, or funded hospital or health care facility may apply to	14716
the superintendent for a certificate of authority under division	14717
(A) of this section to establish and operate a health insuring	14718
corporation.	14719

(E) A health insuring corporation shall operate in this state	14720
in compliance with this chapter and Chapter 1753. of the Revised	14721
Code~~, and with sections 3702.51 to 3702.62 of the Revised Code,~~	14722
and shall operate in conformity with its filings with the	14723
superintendent under this chapter, including filings made pursuant	14724
to sections 1751.03, 1751.11, 1751.12, and 1751.31 of the Revised	14725
Code.	14726

(F) An insurer licensed under Title XXXIX of the Revised Code	14727
need not obtain a certificate of authority as a health insuring	14728
corporation to offer an open panel plan as long as the providers	14729
and health care facilities participating in the open panel plan	14730
receive their compensation directly from the insurer. If the	14731
providers and health care facilities participating in the open	14732
panel plan receive their compensation from any person other than	14733
the insurer, or if the insurer offers a closed panel plan, the	14734
insurer must obtain a certificate of authority as a health	14735
insuring corporation.	14736

(G) An intermediary organization need not obtain a	14737
certificate of authority as a health insuring corporation,	14738
regardless of the method of reimbursement to the intermediary	14739
organization, as long as a health insuring corporation or a	14740
self-insured employer maintains the ultimate responsibility to	14741
assure delivery of all health care services required by the	14742
contract between the health insuring corporation and the	14743
subscriber and the laws of this state or between the self-insured	14744
employer and its employees.	14745

Nothing in this section shall be construed to require any	14746
health care facility, provider, health delivery network, or	14747
intermediary organization that contracts with a health insuring	14748
corporation or self-insured employer, regardless of the method of	14749
reimbursement to the health care facility, provider, health	14750
delivery network, or intermediary organization, to obtain a	14751
certificate of authority as a health insuring corporation under	14752
this chapter, unless otherwise provided, in the case of contracts	14753
with a self-insured employer, by operation of the "Employee	14754
Retirement Income Security Act of 1974," 88 Stat. 829, 29 U.S.C.A.	14755
1001, as amended.	14756

(H) Any health delivery network doing business in this state,	14757
including any health delivery network that is functioning as an	14758
intermediary organization doing business in this state, that is	14759
not required to obtain a certificate of authority under this	14760
chapter shall certify to the superintendent annually, not later	14761
than the first day of July, and shall provide a statement signed	14762
by the highest ranking official which includes the following	14763
information:	14764

(1) The health delivery network's full name and the address	14765
of its principal place of business;	14766

(2) A statement that the health delivery network is not	14767
required to obtain a certificate of authority under this chapter	14768
to conduct its business.	14769

(I) The superintendent shall not issue a certificate of	14770
authority to a health insuring corporation that is a provider	14771
sponsored organization unless all health care plans to be offered	14772
by the health insuring corporation provide basic health care	14773
services. Substantially all of the physicians and hospitals with	14774
ownership or control of the provider sponsored organization, as	14775
defined in section 1751.01 of the Revised Code, shall also be	14776
participating providers for the provision of basic health care	14777
services for health care plans offered by the provider sponsored	14778
organization. If a health insuring corporation that is a provider	14779
sponsored organization offers health care plans that do not	14780
provide basic health care services, the health insuring	14781
corporation shall be deemed, for purposes of section 1751.35 of	14782
the Revised Code, to have failed to substantially comply with this	14783
chapter.	14784

Except as specifically provided in this division and in	14785
division (A) of section 1751.28 of the Revised Code, the	14786
provisions of this chapter shall apply to all health insuring	14787
corporations that are provider sponsored organizations in the same	14788
manner that these provisions apply to all health insuring	14789
corporations that are not provider sponsored organizations.	14790

(J) Nothing in this section shall be construed to apply to	14791
any multiple employer welfare arrangement operating pursuant to	14792
Chapter 1739. of the Revised Code.	14793

(K) Any person who violates division (B) of this section, and	14794
any health delivery network that fails to comply with division (H)	14795
of this section, is subject to the penalties set forth in section	14796
1751.45 of the Revised Code.	14797

Sec. 1751.13. (A)(1)(a) A health insuring corporation shall,	14798
either directly or indirectly, enter into contracts for the	14799
provision of health care services with a sufficient number and	14800
types of providers and health care facilities to ensure that all	14801
covered health care services will be accessible to enrollees from	14802
a contracted provider or health care facility.	14803

(b) A health insuring corporation shall not refuse to	14804
contract with a physician for the provision of health care	14805
services or refuse to recognize a physician as a specialist on the	14806
basis that the physician attended an educational program or a	14807
residency program approved or certified by the American	14808
osteopathic association. A health insuring corporation shall not	14809
refuse to contract with a health care facility for the provision	14810
of health care services on the basis that the health care facility	14811
is certified or accredited by the American osteopathic association	14812
or that the health care facility is an osteopathic hospital as	14813
~~defined in section 3702.51 of the Revised Code~~.	14814

(c) Nothing in division (A)(1)(b) of this section shall be	14815
construed to require a health insuring corporation to make a	14816
benefit payment under a closed panel plan to a physician or health	14817
care facility with which the health insuring corporation does not	14818
have a contract, provided that none of the bases set forth in that	14819
division are used as a reason for failing to make a benefit	14820
payment.	14821

(2) When a health insuring corporation is unable to provide a	14822
covered health care service from a contracted provider or health	14823
care facility, the health insuring corporation must provide that	14824
health care service from a noncontracted provider or health care	14825
facility consistent with the terms of the enrollee's policy,	14826
contract, certificate, or agreement. The health insuring	14827
corporation shall either ensure that the health care service be	14828
provided at no greater cost to the enrollee than if the enrollee	14829
had obtained the health care service from a contracted provider or	14830
health care facility, or make other arrangements acceptable to the	14831
superintendent of insurance.	14832

(3) Nothing in this section shall prohibit a health insuring	14833
corporation from entering into contracts with out-of-state	14834
providers or health care facilities that are licensed, certified,	14835
accredited, or otherwise authorized in that state.	14836

(B)(1) A health insuring corporation shall, either directly	14837
or indirectly, enter into contracts with all providers and health	14838
care facilities through which health care services are provided to	14839
its enrollees.	14840

(2) A health insuring corporation, upon written request,	14841
shall assist its contracted providers in finding stop-loss or	14842
reinsurance carriers.	14843

(C) A health insuring corporation shall file an annual	14844
certificate with the superintendent certifying that all provider	14845
contracts and contracts with health care facilities through which	14846
health care services are being provided contain the following:	14847

(1) A description of the method by which the provider or	14848
health care facility will be notified of the specific health care	14849
services for which the provider or health care facility will be	14850
responsible, including any limitations or conditions on such	14851
services;	14852

(2) The specific hold harmless provision specifying	14853
protection of enrollees set forth as follows:	14854

"[Provider/Health Care Facility] agrees that in no event,	14855
including but not limited to nonpayment by the health insuring	14856
corporation, insolvency of the health insuring corporation, or	14857
breach of this agreement, shall [Provider/Health Care Facility]	14858
bill, charge, collect a deposit from, seek remuneration or	14859
reimbursement from, or have any recourse against, a subscriber,	14860
enrollee, person to whom health care services have been provided,	14861
or person acting on behalf of the covered enrollee, for health	14862
care services provided pursuant to this agreement. This does not	14863
prohibit [Provider/Health Care Facility] from collecting	14864
co-insurance, deductibles, or copayments as specifically provided	14865
in the evidence of coverage, or fees for uncovered health care	14866
services delivered on a fee-for-service basis to persons	14867
referenced above, nor from any recourse against the health	14868
insuring corporation or its successor."	14869

(3) Provisions requiring the provider or health care facility	14870
to continue to provide covered health care services to enrollees	14871
in the event of the health insuring corporation's insolvency or	14872
discontinuance of operations. The provisions shall require the	14873
provider or health care facility to continue to provide covered	14874
health care services to enrollees as needed to complete any	14875
medically necessary procedures commenced but unfinished at the	14876
time of the health insuring corporation's insolvency or	14877
discontinuance of operations. The completion of a medically	14878
necessary procedure shall include the rendering of all covered	14879
health care services that constitute medically necessary follow-up	14880
care for that procedure. If an enrollee is receiving necessary	14881
inpatient care at a hospital, the provisions may limit the	14882
required provision of covered health care services relating to	14883
that inpatient care in accordance with division (D)(3) of section	14884
1751.11 of the Revised Code, and may also limit such required	14885
provision of covered health care services to the period ending	14886
thirty days after the health insuring corporation's insolvency or	14887
discontinuance of operations.	14888

The provisions required by division (C)(3) of this section	14889
shall not require any provider or health care facility to continue	14890
to provide any covered health care service after the occurrence of	14891
any of the following:	14892

(a) The end of the thirty-day period following the entry of a	14893
liquidation order under Chapter 3903. of the Revised Code;	14894

(b) The end of the enrollee's period of coverage for a	14895
contractual prepayment or premium;	14896

(c) The enrollee obtains equivalent coverage with another	14897
health insuring corporation or insurer, or the enrollee's employer	14898
obtains such coverage for the enrollee;	14899

(d) The enrollee or the enrollee's employer terminates	14900
coverage under the contract;	14901

(e) A liquidator effects a transfer of the health insuring	14902
corporation's obligations under the contract under division (A)(8)	14903
of section 3903.21 of the Revised Code.	14904

(4) A provision clearly stating the rights and	14905
responsibilities of the health insuring corporation, and of the	14906
contracted providers and health care facilities, with respect to	14907
administrative policies and programs, including, but not limited	14908
to, payments systems, utilization review, quality assurance,	14909
assessment, and improvement programs, credentialing,	14910
confidentiality requirements, and any applicable federal or state	14911
programs;	14912

(5) A provision regarding the availability and	14913
confidentiality of those health records maintained by providers	14914
and health care facilities to monitor and evaluate the quality of	14915
care, to conduct evaluations and audits, and to determine on a	14916
concurrent or retrospective basis the necessity of and	14917
appropriateness of health care services provided to enrollees. The	14918
provision shall include terms requiring the provider or health	14919
care facility to make these health records available to	14920
appropriate state and federal authorities involved in assessing	14921
the quality of care or in investigating the grievances or	14922
complaints of enrollees, and requiring the provider or health care	14923
facility to comply with applicable state and federal laws related	14924
to the confidentiality of medical or health records.	14925

(6) A provision that states that contractual rights and	14926
responsibilities may not be assigned or delegated by the provider	14927
or health care facility without the prior written consent of the	14928
health insuring corporation;	14929

(7) A provision requiring the provider or health care	14930
facility to maintain adequate professional liability and	14931
malpractice insurance. The provision shall also require the	14932
provider or health care facility to notify the health insuring	14933
corporation not more than ten days after the provider's or health	14934
care facility's receipt of notice of any reduction or cancellation	14935
of such coverage.	14936

(8) A provision requiring the provider or health care	14937
facility to observe, protect, and promote the rights of enrollees	14938
as patients;	14939

(9) A provision requiring the provider or health care	14940
facility to provide health care services without discrimination on	14941
the basis of a patient's participation in the health care plan,	14942
age, sex, ethnicity, religion, sexual preference, health status,	14943
or disability, and without regard to the source of payments made	14944
for health care services rendered to a patient. This requirement	14945
shall not apply to circumstances when the provider or health care	14946
facility appropriately does not render services due to limitations	14947
arising from the provider's or health care facility's lack of	14948
training, experience, or skill, or due to licensing restrictions.	14949

(10) A provision containing the specifics of any obligation	14950
on the primary care provider to provide, or to arrange for the	14951
provision of, covered health care services twenty-four hours per	14952
day, seven days per week;	14953

(11) A provision setting forth procedures for the resolution	14954
of disputes arising out of the contract;	14955

(12) A provision stating that the hold harmless provision	14956
required by division (C)(2) of this section shall survive the	14957
termination of the contract with respect to services covered and	14958
provided under the contract during the time the contract was in	14959
effect, regardless of the reason for the termination, including	14960
the insolvency of the health insuring corporation;	14961

(13) A provision requiring those terms that are used in the	14962
contract and that are defined by this chapter, be used in the	14963
contract in a manner consistent with those definitions.	14964

This division does not apply to the coverage of beneficiaries	14965
enrolled in medicare pursuant to a medicare risk contract or	14966
medicare cost contract, or to the coverage of beneficiaries	14967
enrolled in the federal employee health benefits program pursuant	14968
to 5 U.S.C.A. 8905, or to the coverage of medicaid recipients, or	14969
to the coverage of beneficiaries under any federal health care	14970
program regulated by a federal regulatory body, or to the coverage	14971
of beneficiaries under any contract covering officers or employees	14972
of the state that has been entered into by the department of	14973
administrative services.	14974

(D)(1) No health insuring corporation contract with a	14975
provider or health care facility shall contain any of the	14976
following:	14977

(a) A provision that directly or indirectly offers an	14978
inducement to the provider or health care facility to reduce or	14979
limit medically necessary health care services to a covered	14980
enrollee;	14981

(b) A provision that penalizes a provider or health care	14982
facility that assists an enrollee to seek a reconsideration of the	14983
health insuring corporation's decision to deny or limit benefits	14984
to the enrollee;	14985

(c) A provision that limits or otherwise restricts the	14986
provider's or health care facility's ethical and legal	14987
responsibility to fully advise enrollees about their medical	14988
condition and about medically appropriate treatment options;	14989

(d) A provision that penalizes a provider or health care	14990
facility for principally advocating for medically necessary health	14991
care services;	14992

(e) A provision that penalizes a provider or health care	14993
facility for providing information or testimony to a legislative	14994
or regulatory body or agency. This shall not be construed to	14995
prohibit a health insuring corporation from penalizing a provider	14996
or health care facility that provides information or testimony	14997
that is libelous or slanderous or that discloses trade secrets	14998
which the provider or health care facility has no privilege or	14999
permission to disclose.	15000

(f) A provision that violates Chapter 3963. of the Revised	15001
Code.	15002

(2) Nothing in this division shall be construed to prohibit a	15003
health insuring corporation from doing either of the following:	15004

(a) Making a determination not to reimburse or pay for a	15005
particular medical treatment or other health care service;	15006

(b) Enforcing reasonable peer review or utilization review	15007
protocols, or determining whether a particular provider or health	15008
care facility has complied with these protocols.	15009

(E) Any contract between a health insuring corporation and an	15010
intermediary organization shall clearly specify that the health	15011
insuring corporation must approve or disapprove the participation	15012
of any provider or health care facility with which the	15013
intermediary organization contracts.	15014

(F) If an intermediary organization that is not a health	15015
delivery network contracting solely with self-insured employers	15016
subcontracts with a provider or health care facility, the	15017
subcontract with the provider or health care facility shall do all	15018
of the following:	15019

(1) Contain the provisions required by divisions (C) and (G)	15020
of this section, as made applicable to an intermediary	15021
organization, without the inclusion of inducements or penalties	15022
described in division (D) of this section;	15023

(2) Acknowledge that the health insuring corporation is a	15024
third-party beneficiary to the agreement;	15025

(3) Acknowledge the health insuring corporation's role in	15026
approving the participation of the provider or health care	15027
facility, pursuant to division (E) of this section.	15028

(G) Any provider contract or contract with a health care	15029
facility shall clearly specify the health insuring corporation's	15030
statutory responsibility to monitor and oversee the offering of	15031
covered health care services to its enrollees.	15032

(H)(1) A health insuring corporation shall maintain its	15033
provider contracts and its contracts with health care facilities	15034
at one or more of its places of business in this state, and shall	15035
provide copies of these contracts to facilitate regulatory review	15036
upon written notice by the superintendent of insurance.	15037

(2) Any contract with an intermediary organization that	15038
accepts compensation shall include provisions requiring the	15039
intermediary organization to provide the superintendent with	15040
regulatory access to all books, records, financial information,	15041
and documents related to the provision of health care services to	15042
subscribers and enrollees under the contract. The contract shall	15043
require the intermediary organization to maintain such books,	15044
records, financial information, and documents at its principal	15045
place of business in this state and to preserve them for at least	15046
three years in a manner that facilitates regulatory review.	15047

(I)(1) A health insuring corporation shall notify its	15048
affected enrollees of the termination of a contract for the	15049
provision of health care services between the health insuring	15050
corporation and a primary care physician or hospital, by mail,	15051
within thirty days after the termination of the contract.	15052

(a) Notice shall be given to subscribers of the termination	15053
of a contract with a primary care physician if the subscriber, or	15054
a dependent covered under the subscriber's health care coverage,	15055
has received health care services from the primary care physician	15056
within the previous twelve months or if the subscriber or	15057
dependent has selected the physician as the subscriber's or	15058
dependent's primary care physician within the previous twelve	15059
months.	15060

(b) Notice shall be given to subscribers of the termination	15061
of a contract with a hospital if the subscriber, or a dependent	15062
covered under the subscriber's health care coverage, has received	15063
health care services from that hospital within the previous twelve	15064
months.	15065

(2) The health insuring corporation shall pay, in accordance	15066
with the terms of the contract, for all covered health care	15067
services rendered to an enrollee by a primary care physician or	15068
hospital between the date of the termination of the contract and	15069
five days after the notification of the contract termination is	15070
mailed to a subscriber at the subscriber's last known address.	15071

(J) Divisions (A) and (B) of this section do not apply to any	15072
health insuring corporation that, on June 4, 1997, holds a	15073
certificate of authority or license to operate under Chapter 1740.	15074
of the Revised Code.	15075

(K) Nothing in this section shall restrict the governing body	15076
of a hospital from exercising the authority granted it pursuant to	15077
section 3701.351 of the Revised Code.	15078

Sec. 1761.26. Whenever the approval of the superintendent of	15079
credit unions is required under this chapter, or under an order or	15080
supervisory action issued or taken under this chapter, for a	15081
person to serve as an organizer, incorporator, director, or	15082
executive officer of a credit union share guaranty corporation, or	15083
to otherwise participate in the management of such a corporation,	15084
the superintendent shall request the superintendent of the bureau	15085
of criminal identification and investigation, or a vendor approved	15086
by the bureau, to conduct a criminal records check based on the	15087
person's fingerprints in accordance with ~~division (A)(14) of~~	15088
section 109.572 of the Revised Code. The superintendent of credit	15089
unions shall request that criminal record information from the	15090
federal bureau of investigation be obtained as part of the	15091
criminal records check. Any fee required under division (C)(3) of	15092
section 109.572 of the Revised Code shall be paid by the person	15093
who is the subject of the request.	15094

Sec. 1901.06. A municipal judge during the judge's term of	15095
office shall be a qualified elector and a resident of the	15096
territory of the court to which the judge is elected or appointed.	15097
A municipal judge shall have been admitted to the practice of law	15098
in this state and shall have been, for a total of at least six	15099
years preceding appointment or the commencement of the judge's	15100
term, engaged in the practice of law in this state or served as a	15101
judge of a court of record in any jurisdiction in the United	15102
States, or both. ~~At least two of the years of practice or service~~	15103
~~that qualify a judge shall have been in this state.~~	15104

Except as provided in section 1901.08 of the Revised Code,	15105
the first election of any newly created office of a municipal	15106
judge shall be held at the next regular municipal election	15107
occurring not less than one hundred days after the creation of the	15108
office. Except as otherwise provided in division (G) of section	15109
1901.01 of the Revised Code, the institution of a new municipal	15110
court shall take place on the first day of January next after the	15111
first election for the court.	15112

Sec. 1901.18. (A) Except as otherwise provided in this	15113
division or section 1901.181 of the Revised Code, subject to the	15114
monetary jurisdiction of municipal courts as set forth in section	15115
1901.17 of the Revised Code, a municipal court has original	15116
jurisdiction within its territory in all of the following actions	15117
or proceedings and to perform all of the following functions:	15118

(1) In any civil action, of whatever nature or remedy, of	15119
which judges of county courts have jurisdiction;	15120

(2) In any action or proceeding at law for the recovery of	15121
money or personal property of which the court of common pleas has	15122
jurisdiction;	15123

(3) In any action at law based on contract, to determine,	15124
preserve, and enforce all legal and equitable rights involved in	15125
the contract, to decree an accounting, reformation, or	15126
cancellation of the contract, and to hear and determine all legal	15127
and equitable remedies necessary or proper for a complete	15128
determination of the rights of the parties to the contract;	15129

(4) In any action or proceeding for the sale of personal	15130
property under chattel mortgage, lien, encumbrance, or other	15131
charge, for the foreclosure and marshalling of liens on personal	15132
property of that nature, and for the rendering of personal	15133
judgment in the action or proceeding;	15134

(5) In any action or proceeding to enforce the collection of	15135
its own judgments or the judgments rendered by any court within	15136
the territory to which the municipal court has succeeded, and to	15137
subject the interest of a judgment debtor in personal property to	15138
satisfy judgments enforceable by the municipal court;	15139

(6) In any action or proceeding in the nature of	15140
interpleader;	15141

(7) In any action of replevin;

15142

(8) In any action of forcible entry and detainer;

15143

(9) In any action concerning the issuance and enforcement of	15144
temporary protection orders pursuant to section 2919.26 of the	15145
Revised Code or protection orders pursuant to section 2903.213 of	15146
the Revised Code or the enforcement of protection orders issued by	15147
courts of another state, as defined in section 2919.27 of the	15148
Revised Code;	15149

(10) If the municipal court has a housing or environmental	15150
division, in any action over which the division is given	15151
jurisdiction by section 1901.181 of the Revised Code, provided	15152
that, except as specified in division (B) of that section, no	15153
judge of the court other than the judge of the division shall hear	15154
or determine any action over which the division has jurisdiction;	15155

(11) In any action brought pursuant to division (I) of	15156
section ~~3733.11~~4781.40 of the Revised Code, if the residential	15157
premises that are the subject of the action are located within the	15158
territorial jurisdiction of the court;	15159

(12) In any civil action as described in division (B)(1) of	15160
section 3767.41 of the Revised Code that relates to a public	15161
nuisance, and, to the extent any provision of this chapter	15162
conflicts or is inconsistent with a provision of that section, the	15163
provision of that section shall control in the civil action;	15164

(13) In a proceeding brought pursuant to section 955.222 of	15165
the Revised Code by the owner of a dog that has been designated as	15166
a nuisance dog, dangerous dog, or vicious dog.	15167

(B) The Cleveland municipal court also shall have	15168
jurisdiction within its territory in all of the following actions	15169
or proceedings and to perform all of the following functions:	15170

(1) In all actions and proceedings for the sale of real	15171
property under lien of a judgment of the municipal court or a lien	15172
for machinery, material, or fuel furnished or labor performed,	15173
irrespective of amount, and, in those actions and proceedings, the	15174
court may proceed to foreclose and marshal all liens and all	15175
vested or contingent rights, to appoint a receiver, and to render	15176
personal judgment irrespective of amount in favor of any party.	15177

(2) In all actions for the foreclosure of a mortgage on real	15178
property given to secure the payment of money or the enforcement	15179
of a specific lien for money or other encumbrance or charge on	15180
real property, when the amount claimed by the plaintiff does not	15181
exceed fifteen thousand dollars and the real property is situated	15182
within the territory, and, in those actions, the court may proceed	15183
to foreclose all liens and all vested and contingent rights and	15184
may proceed to render judgments and make findings and orders	15185
between the parties in the same manner and to the same extent as	15186
in similar actions in the court of common pleas.	15187

(3) In all actions for the recovery of real property situated	15188
within the territory to the same extent as courts of common pleas	15189
have jurisdiction;	15190

(4) In all actions for injunction to prevent or terminate	15191
violations of the ordinances and regulations of the city of	15192
Cleveland enacted or promulgated under the police power of the	15193
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio	15194
Constitution, over which the court of common pleas has or may have	15195
jurisdiction, and, in those actions, the court may proceed to	15196
render judgments and make findings and orders in the same manner	15197
and to the same extent as in similar actions in the court of	15198
common pleas.	15199

Sec. 1907.13. A county court judge, at the time of filing a	15200
nominating petition for the office or at the time of appointment	15201
to the office and during the judge's term of office, shall be a	15202
qualified elector and a resident of the county court district in	15203
which the judge is elected or appointed. A county court judge does	15204
not have to be a resident of an area of separate jurisdiction in	15205
the county court district to which the judge may be assigned	15206
pursuant to section 1907.15 of the Revised Code. Every county	15207
court judge shall have been admitted to the practice of law in	15208
this state and shall have been engaged, for a total of at least	15209
six years preceding the judge's appointment or the commencement of	15210
the judge's term, in the practice of law in ~~any jurisdiction in~~	15211
~~the United States~~this state, except that the six-year practice	15212
requirement does not apply to a county court judge who is holding	15213
office on ~~July 2, 2010~~the effective date of the amendment of	15214
this section by H.B. 487 of the 129th general assembly, and who	15215
subsequently is a candidate for that office. ~~At least two of the~~	15216
~~years of practice that qualify a judge shall have been in this~~	15217
~~state.~~	15218

Judges shall be elected by the electors of the county court	15219
district at the general election in even-numbered years as set	15220
forth in section 1907.11 of the Revised Code for a term of six	15221
years commencing on the first day of January following the	15222
election for the county court or on the dates specified in section	15223
1907.11 of the Revised Code for particular county court judges.	15224
Their successors shall be elected in even-numbered years every six	15225
years.	15226

All candidates for county court judge shall be nominated by	15227
petition. The nominating petition shall be in the general form and	15228
signed and verified as prescribed by section 3513.261 of the	15229
Revised Code and shall be signed by the lesser of fifty qualified	15230
electors of the county court district or a number of qualified	15231
electors of the county court district not less than one per cent	15232
of the number of electors who voted for governor at the most	15233
recent regular state election in the district. A nominating	15234
petition shall not be accepted for filing or filed if it appears	15235
on its face to contain signatures aggregating in number more than	15236
twice the minimum aggregate number of signatures required by this	15237
section. A nominating petition shall be filed with the board of	15238
elections not later than four p.m. of the ninetieth day before the	15239
day of the general election.	15240

Sec. 1909.11. A county court judge has jurisdiction in any	15241
action brought pursuant to division (I) of section ~~3733.11~~4781.40	15242
of the Revised Code if the residential premises that are the	15243
subject of the action are located within the territorial	15244
jurisdiction of the judge's county court district.	15245

Sec. 1923.01. (A) As provided in this chapter, any judge of	15246
a county or municipal court or a court of common pleas, within the	15247
judge's proper area of jurisdiction, may inquire about persons who	15248
make unlawful and forcible entry into lands or tenements and	15249
detain them, and about persons who make a lawful and peaceable	15250
entry into lands or tenements and hold them unlawfully and by	15251
force. If, upon the inquiry, it is found that an unlawful and	15252
forcible entry has been made and the lands or tenements are	15253
detained, or that, after a lawful entry, lands or tenements are	15254
held unlawfully and by force, a judge shall cause the plaintiff in	15255
an action under this chapter to have restitution of the lands or	15256
tenements.	15257

(B) An action shall be brought under this chapter within two	15258
years after the cause of action accrues.	15259

15260

(1) "Tenant" means a person who is entitled under a rental	15261
agreement to the use or occupancy of premises, other than premises	15262
located in a manufactured home park, to the exclusion of others,	15263
except that as used in division (A)(6) of section 1923.02 and	15264
section 1923.051 of the Revised Code, "tenant" includes a	15265
manufactured home park resident.	15266

(2) "Landlord" means the owner, lessor, or sublessor of	15267
premises, or the agent or person the landlord authorizes to manage	15268
premises or to receive rent from a tenant under a rental	15269
agreement, except, if required by the facts of the action to which	15270
the term is applied, "landlord" means a park operator.	15271

(3) "Resident" has the same meaning as in section ~~3733.01~~	15272
4781.01 of the Revised Code.	15273

(4) "Residential premises" has the same meaning as in section	15274
5321.01 of the Revised Code, except, if required by the facts of	15275
the action to which the term is applied, "residential premises"	15276
has the same meaning as in section ~~3733.01~~4781.01 of the Revised	15277
Code.	15278

(5) "Rental agreement" means any agreement or lease, written	15279
or oral, that establishes or modifies the terms, conditions,	15280
rules, or other provisions concerning the use or occupancy of	15281
premises by one of the parties to the agreement or lease, except	15282
that "rental agreement," as used in division (A)(13) of section	15283
1923.02 of the Revised Code and where the context requires as used	15284
in this chapter, means a rental agreement as defined in division	15285
(D) of section 5322.01 of the Revised Code.	15286

(6) "Controlled substance" has the same meaning as in section	15287
3719.01 of the Revised Code.	15288

(7) "School premises" has the same meaning as in section	15289
2925.01 of the Revised Code.	15290

(8) "Sexually oriented offense" and "child-victim oriented	15291
offense" have the same meanings as in section 2950.01 of the	15292
Revised Code.	15293

(9) "Recreational vehicle" and "mobile home" have the same	15294
meanings as in section 4501.01 of the Revised Code.	15295

(10) "Manufactured home" has the same meaning as in section	15296
3781.06 of the Revised Code.	15297

(11) "Manufactured home park" has the same meaning as in	15298
section ~~3733.01~~4781.01 of the Revised Code and also means any	15299
tract of land upon which one or two manufactured or mobile homes	15300
used for habitation are parked, either free of charge or for	15301
revenue purposes, pursuant to rental agreements between the owners	15302
of the manufactured or mobile homes and the owner of the tract of	15303
land.	15304

(12) "Park operator" has the same meaning as in section	15305
~~3733.01~~4781.01 of the Revised Code and also means a landlord of	15306
premises upon which one or two manufactured or mobile homes used	15307
for habitation are parked, either free of charge or for revenue	15308
purposes, pursuant to rental agreements between the owners of the	15309
manufactured or mobile homes and a landlord who is not licensed as	15310
a manufactured home park operator pursuant to Chapter ~~3733.~~4781.	15311
of the Revised Code.	15312

(13) "Personal property" means tangible personal property	15313
other than a manufactured home, mobile home, or recreational	15314
vehicle that is the subject of an action under this chapter.	15315

(14) "Preschool or child day-care center premises" has the	15316
same meaning as in section 2950.034 of the Revised Code.	15317

Sec. 1923.02. (A) Proceedings under this chapter may be had	15318
as follows:	15319

(1) Against tenants or manufactured home park residents	15320
holding over their terms;	15321

(2) Against tenants or manufactured home park residents in	15322
possession under an oral tenancy, who are in default in the	15323
payment of rent as provided in division (B) of this section;	15324

(3) In sales of real estate, on executions, orders, or other	15325
judicial process, when the judgment debtor was in possession at	15326
the time of the rendition of the judgment or decree, by virtue of	15327
which the sale was made;	15328

(4) In sales by executors, administrators, or guardians, and	15329
on partition, when any of the parties to the complaint were in	15330
possession at the commencement of the action, after the sales, so	15331
made on execution or otherwise, have been examined by the proper	15332
court and adjudged legal;	15333

(5) When the defendant is an occupier of lands or tenements,	15334
without color of title, and the complainant has the right of	15335
possession to them;	15336

(6) In any other case of the unlawful and forcible detention	15337
of lands or tenements. For purposes of this division, in addition	15338
to any other type of unlawful and forcible detention of lands or	15339
tenements, such a detention may be determined to exist when both	15340
of the following apply:	15341

(a) A tenant fails to vacate residential premises within	15342
three days after both of the following occur:	15343

(i) The tenant's landlord has actual knowledge of or has	15344
reasonable cause to believe that the tenant, any person in the	15345
tenant's household, or any person on the premises with the consent	15346
of the tenant previously has or presently is engaged in a	15347
violation of Chapter 2925. or 3719. of the Revised Code, or of a	15348
municipal ordinance that is substantially similar to any section	15349
in either of those chapters, which involves a controlled substance	15350
and which occurred in, is occurring in, or otherwise was or is	15351
connected with the premises, whether or not the tenant or other	15352
person has been charged with, has pleaded guilty to or been	15353
convicted of, or has been determined to be a delinquent child for	15354
an act that, if committed by an adult, would be a violation as	15355
described in this division. For purposes of this division, a	15356
landlord has "actual knowledge of or has reasonable cause to	15357
believe" that a tenant, any person in the tenant's household, or	15358
any person on the premises with the consent of the tenant	15359
previously has or presently is engaged in a violation as described	15360
in this division if a search warrant was issued pursuant to	15361
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	15362
affidavit presented to obtain the warrant named or described the	15363
tenant or person as the individual to be searched and particularly	15364
described the tenant's premises as the place to be searched, named	15365
or described one or more controlled substances to be searched for	15366
and seized, stated substantially the offense under Chapter 2925.	15367
or 3719. of the Revised Code or the substantially similar	15368
municipal ordinance that occurred in, is occurring in, or	15369
otherwise was or is connected with the tenant's premises, and	15370
states the factual basis for the affiant's belief that the	15371
controlled substances are located on the tenant's premises; the	15372
warrant was properly executed by a law enforcement officer and any	15373
controlled substance described in the affidavit was found by that	15374
officer during the search and seizure; and, subsequent to the	15375
search and seizure, the landlord was informed by that or another	15376
law enforcement officer of the fact that the tenant or person has	15377
or presently is engaged in a violation as described in this	15378
division and it occurred in, is occurring in, or otherwise was or	15379
is connected with the tenant's premises.	15380

(ii) The landlord gives the tenant the notice required by	15381
division (C) of section 5321.17 of the Revised Code.	15382

(b) The court determines, by a preponderance of the evidence,	15383
that the tenant, any person in the tenant's household, or any	15384
person on the premises with the consent of the tenant previously	15385
has or presently is engaged in a violation as described in	15386
division (A)(6)(a)(i) of this section.	15387

(7) In cases arising out of Chapter 5313. of the Revised	15388
Code. In those cases, the court has the authority to declare a	15389
forfeiture of the vendee's rights under a land installment	15390
contract and to grant any other claims arising out of the	15391
contract.	15392

(8) Against tenants who have breached an obligation that is	15393
imposed by section 5321.05 of the Revised Code, other than the	15394
obligation specified in division (A)(9) of that section, and that	15395
materially affects health and safety. Prior to the commencement of	15396
an action under this division, notice shall be given to the tenant	15397
and compliance secured with section 5321.11 of the Revised Code.	15398

(9) Against tenants who have breached an obligation imposed	15399
upon them by a written rental agreement;	15400

(10) Against manufactured home park residents who have	15401
defaulted in the payment of rent or breached the terms of a rental	15402
agreement with a park operator. Nothing in this division precludes	15403
the commencement of an action under division (A)(12) of this	15404
section when the additional circumstances described in that	15405
division apply.	15406

(11) Against manufactured home park residents who have	15407
committed two material violations of the rules of the manufactured	15408
home park, of the ~~public health council~~manufactured homes	15409
commission, or of applicable state and local health and safety	15410
codes and who have been notified of the violations in compliance	15411
with section ~~3733.13~~4781.45 of the Revised Code;	15412

(12) Against a manufactured home park resident, or the estate	15413
of a manufactured home park resident, who as a result of death or	15414
otherwise has been absent from the manufactured home park for a	15415
period of thirty consecutive days prior to the commencement of an	15416
action under this division and whose manufactured home or mobile	15417
home, or recreational vehicle that is parked in the manufactured	15418
home park, has been left unoccupied for that thirty-day period,	15419
without notice to the park operator and without payment of rent	15420
due under the rental agreement with the park operator;	15421

(13) Against occupants of self-service storage facilities, as	15422
defined in division (A) of section 5322.01 of the Revised Code,	15423
who have breached the terms of a rental agreement or violated	15424
section 5322.04 of the Revised Code;	15425

(14) Against any resident or occupant who, pursuant to a	15426
rental agreement, resides in or occupies residential premises	15427
located within one thousand feet of any school premises or	15428
preschool or child day-care center premises and to whom both of	15429
the following apply:	15430

(a) The resident's or occupant's name appears on the state	15431
registry of sex offenders and child-victim offenders maintained	15432
under section 2950.13 of the Revised Code.	15433

(b) The state registry of sex offenders and child-victim	15434
offenders indicates that the resident or occupant was convicted of	15435
or pleaded guilty to a sexually oriented offense or a child-victim	15436
oriented offense in a criminal prosecution and was not sentenced	15437
to a serious youthful offender dispositional sentence for that	15438
offense.	15439

(15) Against any tenant who permits any person to occupy	15440
residential premises located within one thousand feet of any	15441
school premises or preschool or child day-care center premises if	15442
both of the following apply to the person:	15443

(a) The person's name appears on the state registry of sex	15444
offenders and child-victim offenders maintained under section	15445
2950.13 of the Revised Code.	15446

(b) The state registry of sex offenders and child-victim	15447
offenders indicates that the person was convicted of or pleaded	15448
guilty to a sexually oriented offense or a child-victim oriented	15449
offense in a criminal prosecution and was not sentenced to a	15450
serious youthful offender dispositional sentence for that offense.	15451

(B) If a tenant or manufactured home park resident holding	15452
under an oral tenancy is in default in the payment of rent, the	15453
tenant or resident forfeits the right of occupancy, and the	15454
landlord may, at the landlord's option, terminate the tenancy by	15455
notifying the tenant or resident, as provided in section 1923.04	15456
of the Revised Code, to leave the premises, for the restitution of	15457
which an action may then be brought under this chapter.	15458

(C)(1) If a tenant or any other person with the tenant's	15459
permission resides in or occupies residential premises that are	15460
located within one thousand feet of any school premises and is a	15461
resident or occupant of the type described in division (A)(14) of	15462
this section or a person of the type described in division (A)(15)	15463
of this section, the landlord for those residential premises, upon	15464
discovery that the tenant or other person is a resident, occupant,	15465
or person of that nature, may terminate the rental agreement or	15466
tenancy for those residential premises by notifying the tenant and	15467
all other occupants, as provided in section 1923.04 of the Revised	15468
Code, to leave the premises.	15469

(2) If a landlord is authorized to terminate a rental	15470
agreement or tenancy pursuant to division (C)(1) of this section	15471
but does not so terminate the rental agreement or tenancy, the	15472
landlord is not liable in a tort or other civil action in damages	15473
for any injury, death, or loss to person or property that	15474
allegedly result from that decision.	15475

(D) This chapter does not apply to a student tenant as	15476
defined by division (H) of section 5321.01 of the Revised Code	15477
when the college or university proceeds to terminate a rental	15478
agreement pursuant to section 5321.031 of the Revised Code.	15479

Sec. 1923.061. (A) Any defense in an action under this	15480
chapter may be asserted at trial.	15481

(B) In an action for possession of residential premises based	15482
upon nonpayment of the rent or in an action for rent when the	15483
tenant or manufactured home park resident is in possession, the	15484
tenant or resident may counterclaim for any amount hethe tenant	15485
or resident may recover under the rental agreement or under	15486
Chapter ~~3733.~~4781. or 5321. of the Revised Code. In that event,	15487
the court from time to time may order the tenant or resident to	15488
pay into court all or part of the past due rent and rent becoming	15489
due during the pendency of the action. After trial and judgment,	15490
the party to whom a net judgment is owed shall be paid first from	15491
the money paid into court, and any balance shall be satisfied as	15492
any other judgment. If no rent remains due after application of	15493
this division, judgment shall be entered for the tenant or	15494
resident in the action for possession. If the tenant or resident	15495
has paid into court an amount greater than that necessary to	15496
satisfy a judgment obtained by the landlord, the balance shall be	15497
returned by the court to the tenant or resident.	15498

Sec. 1923.15. During any proceeding involving residential	15499
premises under this chapter, the court may order an appropriate	15500
governmental agency to inspect the residential premises. If the	15501
agency determines and the court finds conditions which constitute	15502
a violation of section ~~3733.10~~4781.38 or 5321.04 of the Revised	15503
Code, and if the premises have been vacated or are to be restored	15504
to the landlord, the court may issue an order forbidding the	15505
re-rental of the property until such conditions are corrected. If	15506
the agency determines and the court finds such conditions, and if	15507
the court finds that the tenant or manufactured home park resident	15508
may remain in possession, the court may order such conditions	15509
corrected. If such conditions have been caused by the tenant or	15510
resident, the court may award damages to the landlord equal to the	15511
reasonable cost of correcting such conditions.	15512

Sec. 2151.33. (A) Pending hearing of a complaint filed under	15513
section 2151.27 of the Revised Code or a motion filed or made	15514
under division (B) of this section and the service of citations,	15515
the juvenile court may make any temporary disposition of any child	15516
that it considers necessary to protect the best interest of the	15517
child and that can be made pursuant to division (B) of this	15518
section. Upon the certificate of one or more reputable practicing	15519
physicians, the court may summarily provide for emergency medical	15520
and surgical treatment that appears to be immediately necessary to	15521
preserve the health and well-being of any child concerning whom a	15522
complaint or an application for care has been filed, pending the	15523
service of a citation upon the child's parents, guardian, or	15524
custodian. The court may order the parents, guardian, or	15525
custodian, if the court finds the parents, guardian, or custodian	15526
able to do so, to reimburse the court for the expense involved in	15527
providing the emergency medical or surgical treatment. Any person	15528
who disobeys the order for reimbursement may be adjudged in	15529
contempt of court and punished accordingly.	15530

If the emergency medical or surgical treatment is furnished	15531
to a child who is found at the hearing to be a nonresident of the	15532
county in which the court is located and if the expense of the	15533
medical or surgical treatment cannot be recovered from the	15534
parents, legal guardian, or custodian of the child, the board of	15535
county commissioners of the county in which the child has a legal	15536
settlement shall reimburse the court for the reasonable cost of	15537
the emergency medical or surgical treatment out of its general	15538
fund.	15539

(B)(1) After a complaint, petition, writ, or other document	15540
initiating a case dealing with an alleged or adjudicated abused,	15541
neglected, or dependent child is filed and upon the filing or	15542
making of a motion pursuant to division (C) of this section, the	15543
court, prior to the final disposition of the case, may issue any	15544
of the following temporary orders to protect the best interest of	15545
the child:	15546

(a) An order granting temporary custody of the child to a	15547
particular party;	15548

(b) An order for the taking of the child into custody	15549
pursuant to section 2151.31 of the Revised Code pending the	15550
outcome of the adjudicatory and dispositional hearings;	15551

(c) An order granting, limiting, or eliminating parenting	15552
time or visitation rights with respect to the child;	15553

(d) An order requiring a party to vacate a residence that	15554
will be lawfully occupied by the child;	15555

(e) An order requiring a party to attend an appropriate	15556
counseling program that is reasonably available to that party;	15557

(f) Any other order that restrains or otherwise controls the	15558
conduct of any party which conduct would not be in the best	15559
interest of the child.	15560

(2) Prior to the final disposition of a case subject to	15561
division (B)(1) of this section, the court shall do both of the	15562
following:	15563

(a) Issue an order pursuant to Chapters 3119. to 3125. of the	15564
Revised Code requiring the parents, guardian, or person charged	15565
with the child's support to pay support for the child.	15566

(b) Issue an order requiring the parents, guardian, or person	15567
charged with the child's support to continue to maintain any	15568
health insurance coverage for the child that existed at the time	15569
of the filing of the complaint, petition, writ, or other document,	15570
or to obtain health insurance coverage in accordance with sections	15571
3119.29 to 3119.56 of the Revised Code.	15572

(C)(1) A court may issue an order pursuant to division (B) of	15573
this section upon its own motion or if a party files a written	15574
motion or makes an oral motion requesting the issuance of the	15575
order and stating the reasons for it. Any notice sent by the court	15576
as a result of a motion pursuant to this division shall contain a	15577
notice that any party to a juvenile proceeding has the right to be	15578
represented by counsel and to have appointed counsel if the person	15579
is indigent.	15580

(2) If a child is taken into custody pursuant to section	15581
2151.31 of the Revised Code and placed in shelter care, the public	15582
children services agency or private child placing agency with	15583
which the child is placed in shelter care shall file or make a	15584
motion as described in division (C)(1) of this section before the	15585
end of the next day immediately after the date on which the child	15586
was taken into custody and, at a minimum, shall request an order	15587
for temporary custody under division (B)(1)(a) of this section.	15588

(3) A court that issues an order pursuant to division	15589
(B)(1)(b) of this section shall comply with section 2151.419 of	15590
the Revised Code.	15591

(D) The court may grant an ex parte order upon its own motion	15592
or a motion filed or made pursuant to division (C) of this section	15593
requesting such an order if it appears to the court that the best	15594
interest and the welfare of the child require that the court issue	15595
the order immediately. The court, if acting on its own motion, or	15596
the person requesting the granting of an ex parte order, to the	15597
extent possible, shall give notice of its intent or of the request	15598
to the parents, guardian, or custodian of the child who is the	15599
subject of the request. If the court issues an ex parte order, the	15600
court shall hold a hearing to review the order within seventy-two	15601
hours after it is issued or before the end of the next day after	15602
the day on which it is issued, whichever occurs first. The court	15603
shall give written notice of the hearing to all parties to the	15604
action and shall appoint a guardian ad litem for the child prior	15605
to the hearing.	15606

The written notice shall be given by all means that are	15607
reasonably likely to result in the party receiving actual notice	15608
and shall include all of the following:	15609

(1) The date, time, and location of the hearing;

15610

(2) The issues to be addressed at the hearing;

15611

(3) A statement that every party to the hearing has a right	15612
to counsel and to court-appointed counsel, if the party is	15613
indigent;	15614

(4) The name, telephone number, and address of the person	15615
requesting the order;	15616

(5) A copy of the order, except when it is not possible to	15617
obtain it because of the exigent circumstances in the case.	15618

If the court does not grant an ex parte order pursuant to a	15619
motion filed or made pursuant to division (C) of this section or	15620
its own motion, the court shall hold a shelter care hearing on the	15621
motion within ten days after the motion is filed. The court shall	15622
give notice of the hearing to all affected parties in the same	15623
manner as set forth in the Juvenile Rules.	15624

(E) The court, pending the outcome of the adjudicatory and	15625
dispositional hearings, shall not issue an order granting	15626
temporary custody of a child to a public children services agency	15627
or private child placing agency pursuant to this section, unless	15628
the court determines and specifically states in the order that the	15629
continued residence of the child in the child's current home will	15630
be contrary to the child's best interest and welfare and the court	15631
complies with section 2151.419 of the Revised Code.	15632

(F) Each public children services agency and private child	15633
placing agency that receives temporary custody of a child pursuant	15634
to this section shall maintain in the child's case record written	15635
documentation that it has placed the child, to the extent that it	15636
is consistent with the best interest, welfare, and special needs	15637
of the child, in the most family-like setting available and in	15638
close proximity to the home of the parents, custodian, or guardian	15639
of the child.	15640

(G) For good cause shown, any court order that is issued	15641
pursuant to this section may be reviewed by the court at any time	15642
upon motion of any party to the action or upon the motion of the	15643
court.	15644

(H)(1) Pending the hearing of a complaint filed under section	15645
2151.27 of the Revised Code or a motion filed or made under	15646
division (B) of this section and the service of citations, a	15647
public children services agency may request that the	15648
superintendent of the bureau of criminal identification and	15649
investigation conduct a criminal records check with respect to	15650
each parent, guardian, custodian, prospective custodian, or	15651
prospective placement whose actions resulted in a temporary	15652
disposition under division (A) of this section. The public	15653
children services agency may request that the superintendent	15654
obtain information from the federal bureau of investigation as	15655
part of the criminal records check of each parent, guardian,	15656
custodian, prospective custodian, or prospective placement.	15657

(2) Each public children services agency authorized by	15658
division (H) of this section to request a criminal records check	15659
shall do both of the following:	15660

(a) Provide to each parent, guardian, custodian, prospective	15661
custodian, or prospective placement for whom a criminal records	15662
check is requested a copy of the form prescribed pursuant to	15663
division (C)(1) of section 109.572 of the Revised Code and a	15664
standard fingerprint impression sheet prescribed pursuant to	15665
division (C)(2) of that section and obtain the completed form and	15666
impression sheet from the parent, guardian, custodian, prospective	15667
custodian, or prospective placement;	15668

(b) Forward the completed form and impression sheet to the	15669
superintendent of the bureau of criminal identification and	15670
investigation.	15671

(3) A parent, guardian, custodian, prospective custodian, or	15672
prospective placement who is given a form and fingerprint	15673
impression sheet under division (H)(2)(a) of this section and who	15674
fails to complete the form or provide fingerprint impressions may	15675
be held in contempt of court.	15676

Sec. 2151.412. (A) Each public children services agency and	15677
private child placing agency shall prepare and maintain a case	15678
plan for any child to whom the agency is providing services and to	15679
whom any of the following applies:	15680

(1) The agency filed a complaint pursuant to section 2151.27	15681
of the Revised Code alleging that the child is an abused,	15682
neglected, or dependent child;	15683

(2) The agency has temporary or permanent custody of the	15684
child;	15685

(3) The child is living at home subject to an order for	15686
protective supervision;	15687

(4) The child is in a planned permanent living arrangement.

15688

Except as provided by division (A)(2) of section 5103.153 of	15689
the Revised Code, a private child placing agency providing	15690
services to a child who is the subject of a voluntary permanent	15691
custody surrender agreement entered into under division (B)(2) of	15692
section 5103.15 of the Revised Code is not required to prepare and	15693
maintain a case plan for that child.	15694

(B) Each public children services agency shall prepare and	15695
maintain a case plan or a family service plan for any child for	15696
whom the agency is providing in-home services pursuant to an	15697
alternative response.	15698

(C)(1) The director of job and family services shall adopt	15699
rules pursuant to Chapter 119. of the Revised Code setting forth	15700
the content and format of case plans required by division (A) of	15701
this section and establishing procedures for developing,	15702
implementing, and changing the case plans. The rules shall at a	15703
minimum comply with the requirements of Title IV-E of the "Social	15704
Security Act," 94 Stat. 501, 42 U.S.C. 671 (1980), as amended.	15705

(2) The director of job and family services shall adopt rules	15706
pursuant to Chapter 119. of the Revised Code requiring public	15707
children services agencies and private child placing agencies to	15708
maintain case plans for children and their families who are	15709
receiving services in their homes from the agencies and for whom	15710
case plans are not required by division (A) of this section. The	15711
rules for public children services agencies shall include the	15712
requirements for case plans or family service plans maintained for	15713
children and their families who are receiving services in their	15714
homes from public children services agencies pursuant to an	15715
alternative response. The agencies shall maintain case plans and	15716
family service plans as required by those rules; however, the case	15717
plans and family service plans shall not be subject to any other	15718
provision of this section except as specifically required by the	15719
rules.	15720

(D) Each public children services agency and private child	15721
placing agency that is required by division (A) of this section to	15722
maintain a case plan shall file the case plan with the court prior	15723
to the child's adjudicatory hearing but no later than thirty days	15724
after the earlier of the date on which the complaint in the case	15725
was filed or the child was first placed into shelter care. If the	15726
agency does not have sufficient information prior to the	15727
adjudicatory hearing to complete any part of the case plan, the	15728
agency shall specify in the case plan the additional information	15729
necessary to complete each part of the case plan and the steps	15730
that will be taken to obtain that information. All parts of the	15731
case plan shall be completed by the earlier of thirty days after	15732
the adjudicatory hearing or the date of the dispositional hearing	15733
for the child.	15734

(E) Any agency that is required by division (A) of this	15735
section to prepare a case plan shall attempt to obtain an	15736
agreement among all parties, including, but not limited to, the	15737
parents, guardian, or custodian of the child and the guardian ad	15738
litem of the child regarding the content of the case plan. If all	15739
parties agree to the content of the case plan and the court	15740
approves it, the court shall journalize it as part of its	15741
dispositional order. If the agency cannot obtain an agreement upon	15742
the contents of the case plan or the court does not approve it,	15743
the parties shall present evidence on the contents of the case	15744
plan at the dispositional hearing. The court, based upon the	15745
evidence presented at the dispositional hearing and the best	15746
interest of the child, shall determine the contents of the case	15747
plan and journalize it as part of the dispositional order for the	15748
child.	15749

(F)(1) All parties, including the parents, guardian, or	15750
custodian of the child, are bound by the terms of the journalized	15751
case plan. A party that fails to comply with the terms of the	15752
journalized case plan may be held in contempt of court.	15753

(2) Any party may propose a change to a substantive part of	15754
the case plan, including, but not limited to, the child's	15755
placement and the visitation rights of any party. A party	15756
proposing a change to the case plan shall file the proposed change	15757
with the court and give notice of the proposed change in writing	15758
before the end of the day after the day of filing it to all	15759
parties and the child's guardian ad litem. All parties and the	15760
guardian ad litem shall have seven days from the date the notice	15761
is sent to object to and request a hearing on the proposed change.	15762

(a) If it receives a timely request for a hearing, the court	15763
shall schedule a hearing pursuant to section 2151.417 of the	15764
Revised Code to be held no later than thirty days after the	15765
request is received by the court. The court shall give notice of	15766
the date, time, and location of the hearing to all parties and the	15767
guardian ad litem. The agency may implement the proposed change	15768
after the hearing, if the court approves it. The agency shall not	15769
implement the proposed change unless it is approved by the court.	15770

(b) If it does not receive a timely request for a hearing,	15771
the court may approve the proposed change without a hearing. If	15772
the court approves the proposed change without a hearing, it shall	15773
journalize the case plan with the change not later than fourteen	15774
days after the change is filed with the court. If the court does	15775
not approve the proposed change to the case plan, it shall	15776
schedule a hearing to be held pursuant to section 2151.417 of the	15777
Revised Code no later than thirty days after the expiration of the	15778
fourteen-day time period and give notice of the date, time, and	15779
location of the hearing to all parties and the guardian ad litem	15780
of the child. If, despite the requirements of division (F)(2) of	15781
this section, the court neither approves and journalizes the	15782
proposed change nor conducts a hearing, the agency may implement	15783
the proposed change not earlier than fifteen days after it is	15784
submitted to the court.	15785

(3) If an agency has reasonable cause to believe that a child	15786
is suffering from illness or injury and is not receiving proper	15787
care and that an appropriate change in the child's case plan is	15788
necessary to prevent immediate or threatened physical or emotional	15789
harm, to believe that a child is in immediate danger from the	15790
child's surroundings and that an immediate change in the child's	15791
case plan is necessary to prevent immediate or threatened physical	15792
or emotional harm to the child, or to believe that a parent,	15793
guardian, custodian, or other member of the child's household has	15794
abused or neglected the child and that the child is in danger of	15795
immediate or threatened physical or emotional harm from that	15796
person unless the agency makes an appropriate change in the	15797
child's case plan, it may implement the change without prior	15798
agreement or a court hearing and, before the end of the next day	15799
after the change is made, give all parties, the guardian ad litem	15800
of the child, and the court notice of the change. Before the end	15801
of the third day after implementing the change in the case plan,	15802
the agency shall file a statement of the change with the court and	15803
give notice of the filing accompanied by a copy of the statement	15804
to all parties and the guardian ad litem. All parties and the	15805
guardian ad litem shall have ten days from the date the notice is	15806
sent to object to and request a hearing on the change.	15807

(a) If it receives a timely request for a hearing, the court	15808
shall schedule a hearing pursuant to section 2151.417 of the	15809
Revised Code to be held no later than thirty days after the	15810
request is received by the court. The court shall give notice of	15811
the date, time, and location of the hearing to all parties and the	15812
guardian ad litem. The agency shall continue to administer the	15813
case plan with the change after the hearing, if the court approves	15814
the change. If the court does not approve the change, the court	15815
shall make appropriate changes to the case plan and shall	15816
journalize the case plan.	15817

(b) If it does not receive a timely request for a hearing,	15818
the court may approve the change without a hearing. If the court	15819
approves the change without a hearing, it shall journalize the	15820
case plan with the change within fourteen days after receipt of	15821
the change. If the court does not approve the change to the case	15822
plan, it shall schedule a hearing under section 2151.417 of the	15823
Revised Code to be held no later than thirty days after the	15824
expiration of the fourteen-day time period and give notice of the	15825
date, time, and location of the hearing to all parties and the	15826
guardian ad litem of the child.	15827

(G)(1) All case plans for children in temporary custody shall	15828
have the following general goals:	15829

(a) Consistent with the best interest and special needs of	15830
the child, to achieve a safe out-of-home placement in the least	15831
restrictive, most family-like setting available and in close	15832
proximity to the home from which the child was removed or the home	15833
in which the child will be permanently placed;	15834

(b) To eliminate with all due speed the need for the	15835
out-of-home placement so that the child can safely return home.	15836

(2) The director of job and family services shall adopt rules	15837
pursuant to Chapter 119. of the Revised Code setting forth the	15838
general goals of case plans for children subject to dispositional	15839
orders for protective supervision, a planned permanent living	15840
arrangement, or permanent custody.	15841

(H) In the agency's development of a case plan and the	15842
court's review of the case plan, the child's health and safety	15843
shall be the paramount concern. The agency and the court shall be	15844
guided by the following general priorities:	15845

(1) A child who is residing with or can be placed with the	15846
child's parents within a reasonable time should remain in their	15847
legal custody even if an order of protective supervision is	15848
required for a reasonable period of time;	15849

(2) If both parents of the child have abandoned the child,	15850
have relinquished custody of the child, have become incapable of	15851
supporting or caring for the child even with reasonable	15852
assistance, or have a detrimental effect on the health, safety,	15853
and best interest of the child, the child should be placed in the	15854
legal custody of a suitable member of the child's extended family;	15855

(3) If a child described in division (H)(2) of this section	15856
has no suitable member of the child's extended family to accept	15857
legal custody, the child should be placed in the legal custody of	15858
a suitable nonrelative who shall be made a party to the	15859
proceedings after being given legal custody of the child;	15860

(4) If the child has no suitable member of the child's	15861
extended family to accept legal custody of the child and no	15862
suitable nonrelative is available to accept legal custody of the	15863
child and, if the child temporarily cannot or should not be placed	15864
with the child's parents, guardian, or custodian, the child should	15865
be placed in the temporary custody of a public children services	15866
agency or a private child placing agency;	15867

(5) If the child cannot be placed with either of the child's	15868
parents within a reasonable period of time or should not be placed	15869
with either, if no suitable member of the child's extended family	15870
or suitable nonrelative is available to accept legal custody of	15871
the child, and if the agency has a reasonable expectation of	15872
placing the child for adoption, the child should be committed to	15873
the permanent custody of the public children services agency or	15874
private child placing agency;	15875

(6) If the child is to be placed for adoption or foster care,	15876
the placement shall not be delayed or denied on the basis of the	15877
child's or adoptive or foster family's race, color, or national	15878
origin.	15879

(I) The case plan for a child in temporary custody shall	15880
include at a minimum the following requirements if the child is or	15881
has been the victim of abuse or neglect or if the child witnessed	15882
the commission in the child's household of abuse or neglect	15883
against a sibling of the child, a parent of the child, or any	15884
other person in the child's household:	15885

(1) A requirement that the child's parents, guardian, or	15886
custodian participate in mandatory counseling;	15887

(2) A requirement that the child's parents, guardian, or	15888
custodian participate in any supportive services that are required	15889
by or provided pursuant to the child's case plan.	15890

(J) A case plan may include, as a supplement, a plan for	15891
locating a permanent family placement. The supplement shall not be	15892
considered part of the case plan for purposes of division (E) of	15893
this section.	15894

(K)(1) A public children services agency may request that the	15895
superintendent of the bureau of criminal identification and	15896
investigation conduct a criminal records check with respect to a	15897
parent, guardian, custodian, prospective custodian, or prospective	15898
placement whose actions result in a finding after the filing of a	15899
complaint as described in division (A)(1) of this section that a	15900
child is an abused, neglected, or dependent child. The public	15901
children services agency shall request that the superintendent	15902
obtain information from the federal bureau of investigation as	15903
part of the criminal records check.	15904

(2) At any time on or after the date that is ninety days	15905
after the effective date of this amendment, a prosecuting	15906
attorney, or an assistant prosecuting attorney appointed under	15907
section 309.06 of the Revised Code, may request that the	15908
superintendent of the bureau of criminal identification and	15909
investigation conduct a criminal records check with respect to	15910
each parent, guardian, custodian, prospective custodian, or	15911
prospective placement whose actions resulted in a finding after	15912
the filing of a complaint described in division (A)(1) of this	15913
section that a child is an abused, neglected, or dependent child.	15914
Each prosecuting attorney or assistant prosecuting attorney who	15915
makes such a request shall request that the superintendent obtain	15916
information from the federal bureau of investigation as part of	15917
the criminal records check for each parent, guardian, custodian,	15918
prospective custodian, or prospective placement who is a subject	15919
of the request.	15920

(3) A public children services agency, prosecuting attorney,	15921
or assistant prosecuting attorney that requests a criminal records	15922
check under division (K)(1) or (2) of this section shall do both	15923
of the following:	15924

(a) Provide to each parent, guardian, custodian, prospective	15925
custodian, or prospective placement for whom a criminal records	15926
check is requested a copy of the form prescribed pursuant to	15927
division (C)(1) of section 109.572 of the Revised Code and a	15928
standard fingerprint impression sheet prescribed pursuant to	15929
division (C)(2) of that section and obtain the completed form and	15930
impression sheet from the parent, guardian, custodian, prospective	15931
custodian, or prospective placement;	15932

(b) Forward the completed form and impression sheet to the	15933
superintendent of the bureau of criminal identification and	15934
investigation.	15935

(4) A parent, guardian, custodian, prospective custodian, or	15936
prospective placement who is given a form and fingerprint	15937
impression sheet under division (K)(3)(a) of this section and who	15938
fails to complete the form or provide fingerprint impressions may	15939
be held in contempt of court.	15940

Sec. 2151.86. (A)(1) The appointing or hiring officer of any	15941
entity that appoints or employs any person responsible for a	15942
child's care in out-of-home care shall request the superintendent	15943
of BCII to conduct a criminal records check with respect to any	15944
person who is under final consideration for appointment or	15945
employment as a person responsible for a child's care in	15946
out-of-home care, except that section 3319.39 of the Revised Code	15947
shall apply instead of this section if the out-of-home care entity	15948
is a public school, educational service center, or chartered	15949
nonpublic school.	15950

(2) At the times specified in this division, the	15951
administrative director of an agency, or attorney, who arranges an	15952
adoption for a prospective adoptive parent shall request the	15953
superintendent of BCII to conduct a criminal records check with	15954
respect to that prospective adoptive parent and a criminal records	15955
check with respect to all persons eighteen years of age or older	15956
who reside with the prospective adoptive parent. The	15957
administrative director or attorney shall request a criminal	15958
records check pursuant to this division at the time of the initial	15959
home study, every four years after the initial home study at the	15960
time of an update, and at the time that an adoptive home study is	15961
completed as a new home study.	15962

(3) Before a recommending agency submits a recommendation to	15963
the department of job and family services on whether the	15964
department should issue a certificate to a foster home under	15965
section 5103.03 of the Revised Code, and every four years	15966
thereafter prior to a recertification under that section, the	15967
administrative director of the agency shall request that the	15968
superintendent of BCII conduct a criminal records check with	15969
respect to the prospective foster caregiver and a criminal records	15970
check with respect to all other persons eighteen years of age or	15971
older who reside with the foster caregiver.	15972

(B)(1) If a person subject to a criminal records check under	15973
division (A)(1) of this section does not present proof that the	15974
person has been a resident of this state for the five-year period	15975
immediately prior to the date upon which the criminal records	15976
check is requested or does not provide evidence that within that	15977
five-year period the superintendent of BCII has requested	15978
information about the person from the federal bureau of	15979
investigation in a criminal records check, the appointing or	15980
hiring officer shall request that the superintendent of BCII	15981
obtain information from the federal bureau of investigation as a	15982
part of the criminal records check, including fingerprint-based	15983
checks of national crime information databases as described in 42	15984
U.S.C. 671. If a person subject to a criminal records check under	15985
division (A)(1) of this section presents proof that the person has	15986
been a resident of this state for that five-year period, the	15987
appointing or hiring officer or attorney may request that the	15988
superintendent of BCII include information from the federal bureau	15989
of investigation in the criminal records check, including	15990
fingerprint-based checks of national crime information databases	15991
as described in 42 U.S.C. 671.	15992

When the administrative director of an agency, or attorney,	15993
who arranges an adoption for a prospective parent requests, at the	15994
time of the initial home study, a criminal records check for a	15995
person pursuant to division (A)(2) of this section, the	15996
administrative director or attorney shall request that the	15997
superintendent of BCII obtain information from the federal bureau	15998
of investigation as part of the criminal records check, including	15999
fingerprint-based checks of national crime information databases	16000
as described in 42 U.S.C. 671, for the person subject to the	16001
criminal records check. In all other cases in which the	16002
administrative director of an agency, or attorney, who arranges an	16003
adoption for a prospective parent requests a criminal records	16004
check for a person pursuant to division (A)(2) of this section,	16005
the administrative director or attorney may request that the	16006
superintendent of BCII include information from the federal bureau	16007
of investigation in the criminal records check, including	16008
fingerprint-based checks of national crime information databases	16009
as described in 42 U.S.C. 671.	16010

When the administrative director of a recommending agency	16011
requests, before submitting a recommendation to the department of	16012
job and family services on whether the department should issue a	16013
certificate to a foster home under section 5103.03 of the Revised	16014
Code, a criminal records check for a person pursuant to division	16015
(A)(3) of this section, the administrative director shall request	16016
that the superintendent of BCII obtain information from the	16017
federal bureau of investigation as part of a criminal records	16018
check, including fingerprint-based checks of national crime	16019
information databases as described in 42 U.S.C. 671, for the	16020
person subject to the criminal records check. In all other cases	16021
in which the administrative director of a recommending agency	16022
requests a criminal records check for a person pursuant to	16023
division (A)(3) of this section, the administrative director may	16024
request that the superintendent of BCII include information from	16025
the federal bureau of investigation in the criminal records check,	16026
including fingerprint-based checks of national crime information	16027
databases as described in 42 U.S.C. 671.	16028

Prior to a hearing on a final decree of adoption or	16029
interlocutory order of adoption by a probate court, the	16030
administrative director of an agency, or an attorney, who arranges	16031
an adoption for a prospective parent shall provide to the clerk of	16032
the probate court either of the following:	16033

(a) Any information received pursuant to a request made under	16034
this division from the superintendent of BCII or the federal	16035
bureau of investigation as part of the criminal records check,	16036
including fingerprint-based checks of national crime information	16037
databases as described in 42 U.S.C. 671, for the person subject to	16038
the criminal records check;	16039

(b) Written notification that the person subject to a	16040
criminal records check pursuant to this division failed upon	16041
request to provide the information necessary to complete the form	16042
or failed to provide impressions of the person's fingerprints as	16043
required under division (B)(2) of this section.	16044

(2) An appointing or hiring officer, administrative director,	16045
or attorney required by division (A) of this section to request a	16046
criminal records check shall provide to each person subject to a	16047
criminal records check a copy of the form prescribed pursuant to	16048
division (C)(1) of section 109.572 of the Revised Code and a	16049
standard impression sheet to obtain fingerprint impressions	16050
prescribed pursuant to division (C)(2) of section 109.572 of the	16051
Revised Code, obtain the completed form and impression sheet from	16052
the person, and forward the completed form and impression sheet to	16053
the superintendent of BCII at the time the criminal records check	16054
is requested.	16055

Any person subject to a criminal records check who receives	16056
pursuant to this division a copy of the form prescribed pursuant	16057
to division (C)(1) of section 109.572 of the Revised Code and a	16058
copy of an impression sheet prescribed pursuant to division (C)(2)	16059
of that section and who is requested to complete the form and	16060
provide a set of fingerprint impressions shall complete the form	16061
or provide all the information necessary to complete the form and	16062
shall provide the impression sheet with the impressions of the	16063
person's fingerprints. If a person subject to a criminal records	16064
check, upon request, fails to provide the information necessary to	16065
complete the form or fails to provide impressions of the person's	16066
fingerprints, the appointing or hiring officer shall not appoint	16067
or employ the person as a person responsible for a child's care in	16068
out-of-home care, a probate court may not issue a final decree of	16069
adoption or an interlocutory order of adoption making the person	16070
an adoptive parent, and the department of job and family services	16071
shall not issue a certificate authorizing the prospective foster	16072
caregiver to operate a foster home.	16073

(C)(1) No appointing or hiring officer shall appoint or	16074
employ a person as a person responsible for a child's care in	16075
out-of-home care, the department of job and family services shall	16076
not issue a certificate under section 5103.03 of the Revised Code	16077
authorizing a prospective foster caregiver to operate a foster	16078
home, and no probate court shall issue a final decree of adoption	16079
or an interlocutory order of adoption making a person an adoptive	16080
parent if the person or, in the case of a prospective foster	16081
caregiver or prospective adoptive parent, any person eighteen	16082
years of age or older who resides with the prospective foster	16083
caregiver or prospective adoptive parent previously has been	16084
convicted of or pleaded guilty to any of the violations described	16085
in division (A)~~(8)~~(4) of section 109.572 of the Revised Code,	16086
unless the person meets rehabilitation standards established in	16087
rules adopted under division (F) of this section.	16088

(2) The appointing or hiring officer may appoint or employ a	16089
person as a person responsible for a child's care in out-of-home	16090
care conditionally until the criminal records check required by	16091
this section is completed and the officer receives the results of	16092
the criminal records check. If the results of the criminal records	16093
check indicate that, pursuant to division (C)(1) of this section,	16094
the person subject to the criminal records check does not qualify	16095
for appointment or employment, the officer shall release the	16096
person from appointment or employment.	16097

(3) Prior to certification or recertification under section	16098
5103.03 of the Revised Code, the prospective foster caregiver	16099
subject to a criminal records check under division (A)(3) of this	16100
section shall notify the recommending agency of the revocation of	16101
any foster home license, certificate, or other similar	16102
authorization in another state occurring within the five years	16103
prior to the date of application to become a foster caregiver in	16104
this state. The failure of a prospective foster caregiver to	16105
notify the recommending agency of any revocation of that type in	16106
another state that occurred within that five-year period shall be	16107
grounds for denial of the person's foster home application or the	16108
revocation of the person's foster home certification, whichever is	16109
applicable. If a person has had a revocation in another state	16110
within the five years prior to the date of the application, the	16111
department of job and family services shall not issue a foster	16112
home certificate to the prospective foster caregiver.	16113

(D) The appointing or hiring officer, administrative	16114
director, or attorney shall pay to the bureau of criminal	16115
identification and investigation the fee prescribed pursuant to	16116
division (C)(3) of section 109.572 of the Revised Code for each	16117
criminal records check conducted in accordance with that section	16118
upon a request pursuant to division (A) of this section. The	16119
officer, director, or attorney may charge the person subject to	16120
the criminal records check a fee for the costs the officer,	16121
director, or attorney incurs in obtaining the criminal records	16122
check. A fee charged under this division shall not exceed the	16123
amount of fees the officer, director, or attorney pays for the	16124
criminal records check. If a fee is charged under this division,	16125
the officer, director, or attorney shall notify the person who is	16126
the applicant at the time of the person's initial application for	16127
appointment or employment, an adoption to be arranged, or a	16128
certificate to operate a foster home of the amount of the fee and	16129
that, unless the fee is paid, the person who is the applicant will	16130
not be considered for appointment or employment or as an adoptive	16131
parent or foster caregiver.	16132

(E) The report of any criminal records check conducted by the	16133
bureau of criminal identification and investigation in accordance	16134
with section 109.572 of the Revised Code and pursuant to a request	16135
made under division (A) of this section is not a public record for	16136
the purposes of section 149.43 of the Revised Code and shall not	16137
be made available to any person other than the following:	16138

(1) The person who is the subject of the criminal records	16139
check or the person's representative;	16140

(2) The appointing or hiring officer, administrative	16141
director, or attorney requesting the criminal records check or the	16142
officer's, director's, or attorney's representative;	16143

(3) The department of job and family services, a county	16144
department of job and family services, or a public children	16145
services agency;	16146

(4) Any court, hearing officer, or other necessary individual	16147
involved in a case dealing with the denial of employment, a final	16148
decree of adoption or interlocutory order of adoption, or a foster	16149
home certificate.	16150

(F) The director of job and family services shall adopt rules	16151
in accordance with Chapter 119. of the Revised Code to implement	16152
this section. The rules shall include rehabilitation standards a	16153
person who has been convicted of or pleaded guilty to an offense	16154
listed in division (A)~~(8)~~(4) of section 109.572 of the Revised	16155
Code must meet for an appointing or hiring officer to appoint or	16156
employ the person as a person responsible for a child's care in	16157
out-of-home care, a probate court to issue a final decree of	16158
adoption or interlocutory order of adoption making the person an	16159
adoptive parent, or the department to issue a certificate	16160
authorizing the prospective foster caregiver to operate a foster	16161
home or not revoke a foster home certificate for a violation	16162
specified in section 5103.0328 of the Revised Code.	16163

(G) An appointing or hiring officer, administrative director,	16164
or attorney required by division (A) of this section to request a	16165
criminal records check shall inform each person who is the	16166
applicant, at the time of the person's initial application for	16167
appointment or employment, an adoption to be arranged, or a foster	16168
home certificate, that the person subject to the criminal records	16169
check is required to provide a set of impressions of the person's	16170
fingerprints and that a criminal records check is required to be	16171
conducted and satisfactorily completed in accordance with section	16172
109.572 of the Revised Code.	16173

(H) The department of job and family services may waive the	16174
requirement that a criminal records check based on fingerprints be	16175
conducted for an adult resident of a prospective adoptive or	16176
foster home or the home of a foster caregiver if the recommending	16177
agency documents to the department's satisfaction that the adult	16178
resident is physically unable to comply with the fingerprinting	16179
requirement and poses no danger to foster children or adoptive	16180
children who may be placed in the home. In such cases, the	16181
recommending or approving agency shall request that the bureau of	16182
criminal identification and investigation conduct a criminal	16183
records check using the person's name and social security number.	16184

(I) As used in this section:

16185

(1) "Children's hospital" means any of the following:

16186

(a) A hospital registered under section 3701.07 of the	16187
Revised Code that provides general pediatric medical and surgical	16188
care, and in which at least seventy-five per cent of annual	16189
inpatient discharges for the preceding two calendar years were	16190
individuals less than eighteen years of age;	16191

(b) A distinct portion of a hospital registered under section	16192
3701.07 of the Revised Code that provides general pediatric	16193
medical and surgical care, has a total of at least one hundred	16194
fifty registered pediatric special care and pediatric acute care	16195
beds, and in which at least seventy-five per cent of annual	16196
inpatient discharges for the preceding two calendar years were	16197
individuals less than eighteen years of age;	16198

(c) A distinct portion of a hospital, if the hospital is	16199
registered under section 3701.07 of the Revised Code as a	16200
children's hospital and the children's hospital meets all the	16201
requirements of division (I)(1)(a) of this section.	16202

(2) "Criminal records check" has the same meaning as in	16203
section 109.572 of the Revised Code.	16204

(3) "Person responsible for a child's care in out-of-home	16205
care" has the same meaning as in section 2151.011 of the Revised	16206
Code, except that it does not include a prospective employee of	16207
the department of youth services or a person responsible for a	16208
child's care in a hospital or medical clinic other than a	16209
children's hospital.	16210

(4) "Person subject to a criminal records check" means the	16211
following:	16212

(a) A person who is under final consideration for appointment	16213
or employment as a person responsible for a child's care in	16214
out-of-home care;	16215

(b) A prospective adoptive parent;

16216

16217

(d) A person eighteen years old or older who resides with a	16218
prospective foster caregiver or a prospective adoptive parent.	16219

(5) "Recommending agency" means a public children services	16220
agency, private child placing agency, or private noncustodial	16221
agency to which the department of job and family services has	16222
delegated a duty to inspect and approve foster homes.	16223

(6) "Superintendent of BCII" means the superintendent of the	16224
bureau of criminal identification and investigation.	16225

Sec. 2152.121. (A) If a complaint is filed against a child	16226
alleging that the child is a delinquent child and the case is	16227
transferred pursuant to division (A)(1)(a)(i) or (A)(1)(b)(ii) of	16228
section 2152.12 of the Revised Code, the juvenile court that	16229
transferred the case shall retain jurisdiction for purposes of	16230
making disposition of the child when required under division (B)	16231
of this section.	16232

(B) If a complaint is filed against a child alleging that the	16233
child is a delinquent child, if the case is transferred pursuant	16234
to division (A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of	16235
the Revised Code, and if the child subsequently is convicted of or	16236
pleads guilty to an offense in that case, the sentence to be	16237
imposed or disposition to be made of the child shall be determined	16238
as follows:	16239

(1) The court in which the child is convicted of or pleads	16240
guilty to the offense shall determine whether, had a complaint	16241
been filed in juvenile court alleging that the child was a	16242
delinquent child for committing an act that would be that offense	16243
if committed by an adult, division (A) of section 2152.12 of the	16244
Revised Code would have required mandatory transfer of the case or	16245
division (B) of that section would have allowed discretionary	16246
transfer of the case. The court shall not consider the factor	16247
specified in division (B)(3) of section 2152.12 of the Revised	16248
Code in making its determination under this division.	16249

(2) If the court in which the child is convicted of or pleads	16250
guilty to the offense determines under division (B)(1) of this	16251
section that, had a complaint been filed in juvenile court	16252
alleging that the child was a delinquent child for committing an	16253
act that would be that offense if committed by an adult, division	16254
(A) of section 2152.12 of the Revised Code would not have required	16255
mandatory transfer of the case, and division (B) of that section	16256
would not have allowed discretionary transfer of the case, the	16257
court shall transfer jurisdiction of the case back to the juvenile	16258
court that initially transferred the case, the court and all other	16259
agencies that have any record of the conviction of the child or	16260
the child's guilty plea shall expunge the conviction or guilty	16261
plea and all records of it, the conviction or guilty plea shall be	16262
considered and treated for all purposes other than as provided in	16263
this section to have never occurred, the conviction or guilty plea	16264
shall be considered and treated for all purposes other than as	16265
provided in this section to have been a delinquent child	16266
adjudication of the child, and the juvenile court shall impose one	16267
or more traditional juvenile dispositions upon the child under	16268
sections 2152.19 and 2152.20 of the Revised Code.	16269

(3) If the court in which the child is convicted of or pleads	16270
guilty to the offense determines under division (B)(1) of this	16271
section that, had a complaint been filed in juvenile court	16272
alleging that the child was a delinquent child for committing an	16273
act that would be that offense if committed by an adult, division	16274
(A) of section 2152.12 of the Revised Code would not have required	16275
mandatory transfer of the case but division (B) of that section	16276
would have allowed discretionary transfer of the case, the court	16277
shall determine the sentence it believes should be imposed upon	16278
the child under Chapter 2929. of the Revised Code, shall impose	16279
that sentence upon the child, and shall stay that sentence pending	16280
completion of the procedures specified in this division. Upon	16281
imposition and staying of the sentence, the court shall transfer	16282
jurisdiction of the case back to the juvenile court that initially	16283
transferred the case and the juvenile court shall proceed in	16284
accordance with this division. In no case may the child waive a	16285
right to a hearing of the type described in division (B)(3)(b) of	16286
this section, regarding a motion filed as described in that	16287
division by the prosecuting attorney in the case. Upon transfer of	16288
jurisdiction of the case back to the juvenile court, both of the	16289
following apply:	16290

(a) Except as otherwise provided in division (B)(3)(b) of	16291
this section, the juvenile court shall impose a serious youthful	16292
offender dispositional sentence upon the child under division	16293
(D)(1) of section 2152.13 of the Revised Code. In imposing the	16294
adult portion of that sentence, the juvenile court shall consider	16295
and give preference to the sentence imposed upon the child by the	16296
court in which the child was convicted of or pleaded guilty to the	16297
offense. Upon imposing a serious youthful offender dispositional	16298
sentence upon the child as described in this division, the	16299
juvenile court shall notify the court in which the child was	16300
convicted of or pleaded guilty to the offense, the sentence	16301
imposed upon the child by that court shall terminate, the court	16302
and all other agencies that have any record of the conviction of	16303
the child shall expunge the conviction or guilty plea and all	16304
records of it, the conviction or guilty plea shall be considered	16305
and treated for all purposes other than as provided in this	16306
section to have never occurred, and the conviction or guilty plea	16307
shall be considered and treated for all purposes other than as	16308
provided in this section to have been a delinquent child	16309
adjudication of the child.	16310

(b) Upon the transfer, the prosecuting attorney in the case	16311
may file a motion in the juvenile court that objects to the	16312
imposition of a serious youthful offender dispositional sentence	16313
upon the child and requests that the sentence imposed upon the	16314
child by the court in which the child was convicted of or pleaded	16315
guilty to the offense be invoked. Upon the filing of a motion	16316
under this division, the juvenile court shall hold a hearing to	16317
determine whether the child is not amenable to care or	16318
rehabilitation within the juvenile system and whether the safety	16319
of the community may require that the child be subject solely to	16320
adult sanctions. If the juvenile court at the hearing finds that	16321
the child is not amenable to care or rehabilitation within the	16322
juvenile system or that the safety of the community may require	16323
that the child be subject solely to adult sanctions, the court	16324
shall grant the motion. Absent such a finding, the juvenile court	16325
shall deny the motion. In making its decision under this division,	16326
the juvenile court shall consider the factors listed in division	16327
(D) of section 2152.12 of the Revised Code as factors indicating	16328
that the motion should be granted, shall consider the factors	16329
listed in division (E) of that section as factors indicating that	16330
the motion should not be granted, and shall consider whether the	16331
applicable factors listed in division (D) of that section outweigh	16332
the applicable factors listed in division (E) of that section.	16333

If the juvenile court grants the motion of the prosecuting	16334
attorney under this division, the juvenile court shall transfer	16335
jurisdiction of the case back to the court in which the child was	16336
convicted of or pleaded guilty to the offense, and the sentence	16337
imposed by that court shall be invoked. If the juvenile court	16338
denies the motion of the prosecuting attorney under this section,	16339
the juvenile court shall impose a serious youthful offender	16340
dispositional sentence upon the child in accordance with division	16341
(B)(3)(a) of this section.	16342

(4) If the court in which the child is convicted of or pleads	16343
guilty to the offense determines under division (B)(1) of this	16344
section that, had a complaint been filed in juvenile court	16345
alleging that the child was a delinquent child for committing an	16346
act that would be that offense if committed by an adult, division	16347
(A) of section 2152.12 of the Revised Code would have required	16348
mandatory transfer of the case, the court shall impose sentence	16349
upon the child under Chapter 2929. of the Revised Code.	16350

Sec. 2152.22. (A) When a child is committed to the legal	16351
custody of the department of youth services under this chapter,	16352
the juvenile court relinquishes control with respect to the child	16353
so committed, except as provided in divisions (B), (C), (D), and	16354
(H) of this section or in sections 2152.82 to 2152.86 of the	16355
Revised Code. Subject to divisions (B), (C), and (D) of this	16356
section, sections 2151.353 and 2151.412 to 2151.421 of the Revised	16357
Code, sections 2152.82 to 2152.86 of the Revised Code, and any	16358
other provision of law that specifies a different duration for a	16359
dispositional order, all other dispositional orders made by the	16360
court under this chapter shall be temporary and shall continue for	16361
a period that is designated by the court in its order, until	16362
terminated or modified by the court or until the child attains	16363
twenty-one years of age.	16364

The department shall not release the child from a department	16365
facility and as a result shall not discharge the child or order	16366
the child's release on supervised release prior to the expiration	16367
of the minimum period specified by the court in division (A)(1) of	16368
section 2152.16 of the Revised Code and any term of commitment	16369
imposed under section 2152.17 of the Revised Code or prior to the	16370
child's attainment of twenty-one years of age, except upon the	16371
order of a court pursuant to division (B), (C), or (D) of this	16372
section or in accordance with section 5139.54 of the Revised Code.	16373

(B)(1) ~~The~~Unless the court grants judicial release under	16374
division (D)(1)(b) of this section, the court that commits a	16375
delinquent child to the department of youth services may grant	16376
judicial release of the child to court supervision under this	16377
division during the first half of the prescribed minimum term for	16378
which the child was committed to the department or, if the child	16379
was committed to the department until the child attains twenty-one	16380
years of age, during the first half of the prescribed period of	16381
commitment that begins on the first day of commitment and ends on	16382
the child's twenty-first birthday, provided any commitment imposed	16383
under division (A), (B), (C), or (D) of section 2152.17 of the	16384
Revised Code has ended.	16385

(2) If the department desires to release a child during a	16386
period specified in division (B)(1) of this section, it shall	16387
request the court that committed the child to grant a judicial	16388
release of the child to court supervision under this division.	16389
During whichever of those periods is applicable, the child or the	16390
parents of the child also may request that court to grant a	16391
judicial release of the child to court supervision. Upon receipt	16392
of a request for a judicial release to court supervision under	16393
this division from the department, the child, or the child's	16394
parent, or upon its own motion, the court that committed the child	16395
shall do one of the following: approve the release by journal	16396
entry; schedule within thirty days after the request is received a	16397
time for a hearing on whether the child is to be released; or	16398
reject the request by journal entry without conducting a hearing.	16399

If the court rejects an initial request for a release under	16400
this division by the child or the child's parent, the child or the	16401
child's parent may make one additional request for a judicial	16402
release to court supervision within the applicable period. The	16403
additional request may be made no earlier than thirty days after	16404
the filing of the prior request for a judicial release to court	16405
supervision. Upon the filing of a second request for a judicial	16406
release to court supervision, the court shall either approve or	16407
disapprove the release by journal entry or schedule within thirty	16408
days after the request is received a time for a hearing on whether	16409
the child is to be released.	16410

(3) If a court schedules a hearing under division (B)(2) of	16411
this section, it may order the department to deliver the child to	16412
the court on the date set for the hearing and may order the	16413
department to present to the court a report on the child's	16414
progress in the institution to which the child was committed and	16415
recommendations for conditions of supervision of the child by the	16416
court after release. The court may conduct the hearing without the	16417
child being present. The court shall determine at the hearing	16418
whether the child should be granted a judicial release to court	16419
supervision.	16420

If the court approves the release under this division, it	16421
shall order its staff to prepare a written treatment and	16422
rehabilitation plan for the child that may include any conditions	16423
of the child's release that were recommended by the department and	16424
approved by the court. The committing court shall send the	16425
juvenile court of the county in which the child is placed a copy	16426
of the recommended plan. The court of the county in which the	16427
child is placed may adopt the recommended conditions set by the	16428
committing court as an order of the court and may add any	16429
additional consistent conditions it considers appropriate. If a	16430
child is granted a judicial release to court supervision, the	16431
release discharges the child from the custody of the department of	16432
youth services.	16433

(C)(1) ~~The~~Unless the court grants judicial release under	16434
division (D)(1)(b) of this section, the court that commits a	16435
delinquent child to the department of youth services may grant	16436
judicial release of the child to department of youth services	16437
supervision under this division during the second half of the	16438
prescribed minimum term for which the child was committed to the	16439
department or, if the child was committed to the department until	16440
the child attains twenty-one years of age, during the second half	16441
of the prescribed period of commitment that begins on the first	16442
day of commitment and ends on the child's twenty-first birthday,	16443
provided any commitment imposed under division (A), (B), (C), or	16444
(D) of section 2152.17 of the Revised Code has ended.	16445

(2) If the department desires to release a child during a	16446
period specified in division (C)(1) of this section, it shall	16447
request the court that committed the child to grant a judicial	16448
release to department of youth services supervision. During	16449
whichever of those periods is applicable, the child or the child's	16450
parent also may request the court that committed the child to	16451
grant a judicial release to department of youth services	16452
supervision. Upon receipt of a request for judicial release to	16453
department of youth services supervision, the child, or the	16454
child's parent, or upon its own motion at any time during that	16455
period, the court shall do one of the following: approve the	16456
release by journal entry; schedule a time within thirty days after	16457
receipt of the request for a hearing on whether the child is to be	16458
released; or reject the request by journal entry without	16459
conducting a hearing.	16460

If the court rejects an initial request for release under	16461
this division by the child or the child's parent, the child or the	16462
child's parent may make one or more subsequent requests for a	16463
release within the applicable period, but may make no more than	16464
one request during each period of ninety days that the child is in	16465
a secure department facility after the filing of a prior request	16466
for early release. Upon the filing of a request for release under	16467
this division subsequent to an initial request, the court shall	16468
either approve or disapprove the release by journal entry or	16469
schedule a time within thirty days after receipt of the request	16470
for a hearing on whether the child is to be released.	16471

(3) If a court schedules a hearing under division (C)(2) of	16472
this section, it may order the department to deliver the child to	16473
the court on the date set for the hearing and shall order the	16474
department to present to the court at that time a treatment plan	16475
for the child's post-institutional care. The court may conduct the	16476
hearing without the child being present. The court shall determine	16477
at the hearing whether the child should be granted a judicial	16478
release to department of youth services supervision.	16479

If the court approves the judicial release to department of	16480
youth services supervision, the department shall prepare a written	16481
treatment and rehabilitation plan for the child pursuant to	16482
division (F) of this section that shall include the conditions of	16483
the child's release. It shall send the committing court and the	16484
juvenile court of the county in which the child is placed a copy	16485
of the plan. The court of the county in which the child is placed	16486
may adopt the conditions set by the department as an order of the	16487
court and may add any additional consistent conditions it	16488
considers appropriate, provided that the court may not add any	16489
condition that decreases the level or degree of supervision	16490
specified by the department in its plan, that substantially	16491
increases the financial burden of supervision that will be	16492
experienced by the department, or that alters the placement	16493
specified by the department in its plan. If the court of the	16494
county in which the child is placed adds to the department's plan	16495
any additional conditions, it shall enter those additional	16496
conditions in its journal and shall send to the department a copy	16497
of the journal entry of the additional conditions.	16498

If the court approves the judicial release to department of	16499
youth services supervision, the actual date on which the	16500
department shall release the child is contingent upon the	16501
department finding a suitable placement for the child. If the	16502
child is to be returned to the child's home, the department shall	16503
return the child on the date that the court schedules for the	16504
child's release or shall bear the expense of any additional time	16505
that the child remains in a department facility. If the child is	16506
unable to return to the child's home, the department shall	16507
exercise reasonable diligence in finding a suitable placement for	16508
the child, and the child shall remain in a department facility	16509
while the department finds the suitable placement.	16510

(D)(1) Subject to division (D)(3) of this section, the court	16511
that commits a delinquent child to the department of youth	16512
services may grant judicial release of the child under this	16513
division at any time after the expiration of one of the following	16514
periods of time:	16515

(a) Except as otherwise provided in division (D)(1)(b) of	16516
this section, if the child was committed to the department for a	16517
prescribed minimum period and a maximum period not to exceed the	16518
child's attainment of twenty-one years, the court may grant	16519
judicial release of the child at any time after the expiration of	16520
the prescribed minimum term for which the child was committed to	16521
the department.	16522

(b) If the child was committed to the department for both one	16523
or more definite periods under division (A), (B), (C), or (D) of	16524
section 2152.17 of the Revised Code and a period of the type	16525
described in division (D)(1)(a) of this section, all of the	16526
prescribed minimum periods of commitment imposed under division	16527
(A), (B), (C), or (D) of section 2152.17 of the Revised Code and	16528
the prescribed period of commitment of the type described in	16529
division (D)(1)(a) of this section shall be aggregated for	16530
purposes of this division, and the court may grant judicial	16531
release of the child at any time after the expiration of one year	16532
after the child begins serving the aggregate period of commitment.	16533

(2) If a court grants a judicial release of a child under	16534
division (D)(1) of this section, the release shall be a judicial	16535
release to department of youth services supervision, if the	16536
release is granted during a period described in division (C)(1) of	16537
this section, and the second and third paragraphs of division	16538
(C)(3) of this section apply regarding the release. In all other	16539
cases, the release shall be a judicial release to court	16540
supervision, and the second paragraph of division (B)(3) of this	16541
section applies regarding the release.	16542

(3) A court at the time of making the disposition of a child	16543
shall provide notice in the order of disposition that the judge is	16544
retaining jurisdiction over the child for the purpose of a	16545
possible grant of judicial release of the child under division	16546
(D)(1) of this section. The failure of a court to provide this	16547
notice does not affect the authority of the court to grant a	16548
judicial release under that division and does not constitute	16549
grounds for setting aside the child's delinquent child	16550
adjudication or disposition or for granting any post-adjudication	16551
relief to the child.	16552

(4) The department of youth services, a child committed to	16553
the department, or the parents of the child, during a period	16554
specified in division (D)(1) of this section, may request the	16555
court that committed the child to grant a judicial release of the	16556
child under that division. Upon receipt of a request for judicial	16557
release of a child under this division from the department, the	16558
child, or the child's parent, or upon its own motion, the court	16559
that committed the child shall do one of the following:	16560

(a) Approve the request by journal entry;

16561

(b) Schedule within thirty days after the request is received	16562
a time for a hearing on whether the child is to be released;	16563

(c) Reject the request by journal entry without conducting a	16564
hearing.	16565

If the court rejects an initial request for a release under	16566
this division by the child or the child's parent, division (C)(2)	16567
of this section applies regarding the making of additional	16568
requests.	16569

If the court schedules a hearing under this division to	16570
consider the judicial release, the first paragraph of division	16571
(B)(3) of this section applies regarding the hearing.	16572

(E) If a child is released under division (B), (C), or (D) of	16573
this section and the court of the county in which the child is	16574
placed has reason to believe that the child's deportment is not in	16575
accordance with the conditions of the child's judicial release,	16576
the court of the county in which the child is placed shall	16577
schedule a time for a hearing to determine whether the child	16578
violated any of the post-release conditions, and, if the child was	16579
released under division (C) of this section or under division (D)	16580
of this section under department supervision, divisions (A) to (E)	16581
of section 5139.52 of the Revised Code apply regarding the child.	16582

If that court determines at the hearing that the child	16583
violated any of the post-release conditions, the court, if it	16584
determines that the violation was a serious violation, may order	16585
the child to be returned to the department for	16586
institutionalization, consistent with the original order of	16587
commitment of the child, or in any case may make any other	16588
disposition of the child authorized by law that the court	16589
considers proper. If the court of the county in which the child is	16590
placed orders the child to be returned to a department of youth	16591
services institution, the time during which the child was held in	16592
a secure department facility prior to the child's judicial release	16593
shall be considered as time served in fulfilling the prescribed	16594
period of institutionalization that is applicable to the child	16595
under the child's original order of commitment. If the court	16596
orders the child returned to a department institution, the child	16597
shall remain in institutional care for a minimum of three months	16598
or until the child successfully completes a revocation program of	16599
a duration of not less than thirty days operated either by the	16600
department or by an entity with which the department has	16601
contracted to provide a revocation program.	16602

(F) The department of youth services, prior to the release of	16603
a child pursuant to division (C) of this section or pursuant to	16604
division (D) of this section on department supervision, shall do	16605
all of the following:	16606

(1) After reviewing the child's rehabilitative progress	16607
history and medical and educational records, prepare a written	16608
treatment and rehabilitation plan for the child that includes	16609
conditions of the release;	16610

(2) Completely discuss the conditions of the plan prepared	16611
pursuant to division (F)(1) of this section and the possible	16612
penalties for violation of the plan with the child and the child's	16613
parents, guardian, or legal custodian;	16614

(3) Have the plan prepared pursuant to division (F)(1) of	16615
this section signed by the child, the child's parents, legal	16616
guardian, or custodian, and any authority or person that is to	16617
supervise, control, and provide supportive assistance to the child	16618
at the time of the child's release pursuant to division (C) or (D)	16619
of this section;	16620

(4) Prior to the child's release, file a copy of the	16621
treatment plan prepared pursuant to division (F)(1) of this	16622
section with the committing court and the juvenile court of the	16623
county in which the child is to be placed.	16624

(G) The department of youth services shall file a written	16625
progress report with the committing court regarding each child	16626
released pursuant to division (C) of this section or released	16627
pursuant to division (D) of this section on judicial release to	16628
department supervision at least once every thirty days unless	16629
specifically directed otherwise by the court. The report shall	16630
indicate the treatment and rehabilitative progress of the child	16631
and the child's family, if applicable, and shall include any	16632
suggestions for altering the program, custody, living	16633
arrangements, or treatment. The department shall retain legal	16634
custody of a child so released until it discharges the child or	16635
until the custody is terminated as otherwise provided by law.	16636

(H) When a child is committed to the legal custody of the	16637
department of youth services, the court retains jurisdiction to	16638
perform the functions specified in section 5139.51 of the Revised	16639
Code with respect to the granting of supervised release by the	16640
release authority and to perform the functions specified in	16641
section 5139.52 of the Revised Code with respect to violations of	16642
the conditions of supervised release granted by the release	16643
authority and to the revocation of supervised release granted by	16644
the release authority.	16645

Sec. 2301.01. There shall be a court of common pleas in each	16646
county held by one or more judges, each of whom has been admitted	16647
to practice as an attorney at law in this state and has, for a	16648
total of at least six years preceding the judge's appointment or	16649
commencement of the judge's term, engaged in the practice of law	16650
in this state or served as a judge of a court of record in any	16651
jurisdiction in the United States, or both, resides in the county,	16652
and is elected by the electors therein. ~~At least two of the years~~	16653
~~of practice or service that qualify a judge shall have been in~~	16654
~~this state.~~ Each judge shall be elected for six years at the	16655
general election immediately preceding the year in which the term,	16656
as provided in sections 2301.02 and 2301.03 of the Revised Code,	16657
commences, and the judge's successor shall be elected at the	16658
general election immediately preceding the expiration of that	16659
term.	16660

Sec. 2301.03. (A) In Franklin county, the judges of the	16661
court of common pleas whose terms begin on January 1, 1953,	16662
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	16663
1997, and successors, shall have the same qualifications, exercise	16664
the same powers and jurisdiction, and receive the same	16665
compensation as other judges of the court of common pleas of	16666
Franklin county and shall be elected and designated as judges of	16667
the court of common pleas, division of domestic relations. They	16668
shall have all the powers relating to juvenile courts, and all	16669
cases under Chapters 2151. and 2152. of the Revised Code, all	16670
parentage proceedings under Chapter 3111. of the Revised Code over	16671
which the juvenile court has jurisdiction, and all divorce,	16672
dissolution of marriage, legal separation, and annulment cases	16673
shall be assigned to them. In addition to the judge's regular	16674
duties, the judge who is senior in point of service shall serve on	16675
the children services board and the county advisory board and	16676
shall be the administrator of the domestic relations division and	16677
its subdivisions and departments.	16678

(B) In Hamilton county:

16679

(1) The judge of the court of common pleas, whose term begins	16680
on January 1, 1957, and successors, and the judge of the court of	16681
common pleas, whose term begins on February 14, 1967, and	16682
successors, shall be the juvenile judges as provided in Chapters	16683
2151. and 2152. of the Revised Code, with the powers and	16684
jurisdiction conferred by those chapters.	16685

(2) The judges of the court of common pleas whose terms begin	16686
on January 5, 1957, January 16, 1981, and July 1, 1991, and	16687
successors, shall be elected and designated as judges of the court	16688
of common pleas, division of domestic relations, and shall have	16689
assigned to them all divorce, dissolution of marriage, legal	16690
separation, and annulment cases coming before the court. On or	16691
after the first day of July and before the first day of August of	16692
1991 and each year thereafter, a majority of the judges of the	16693
division of domestic relations shall elect one of the judges of	16694
the division as administrative judge of that division. If a	16695
majority of the judges of the division of domestic relations are	16696
unable for any reason to elect an administrative judge for the	16697
division before the first day of August, a majority of the judges	16698
of the Hamilton county court of common pleas, as soon as possible	16699
after that date, shall elect one of the judges of the division of	16700
domestic relations as administrative judge of that division. The	16701
term of the administrative judge shall begin on the earlier of the	16702
first day of August of the year in which the administrative judge	16703
is elected or the date on which the administrative judge is	16704
elected by a majority of the judges of the Hamilton county court	16705
of common pleas and shall terminate on the date on which the	16706
administrative judge's successor is elected in the following year.	16707

In addition to the judge's regular duties, the administrative	16708
judge of the division of domestic relations shall be the	16709
administrator of the domestic relations division and its	16710
subdivisions and departments and shall have charge of the	16711
employment, assignment, and supervision of the personnel of the	16712
division engaged in handling, servicing, or investigating divorce,	16713
dissolution of marriage, legal separation, and annulment cases,	16714
including any referees considered necessary by the judges in the	16715
discharge of their various duties.	16716

The administrative judge of the division of domestic	16717
relations also shall designate the title, compensation, expense	16718
allowances, hours, leaves of absence, and vacations of the	16719
personnel of the division, and shall fix the duties of its	16720
personnel. The duties of the personnel, in addition to those	16721
provided for in other sections of the Revised Code, shall include	16722
the handling, servicing, and investigation of divorce, dissolution	16723
of marriage, legal separation, and annulment cases and counseling	16724
and conciliation services that may be made available to persons	16725
requesting them, whether or not the persons are parties to an	16726
action pending in the division.	16727

The board of county commissioners shall appropriate the sum	16728
of money each year as will meet all the administrative expenses of	16729
the division of domestic relations, including reasonable expenses	16730
of the domestic relations judges and the division counselors and	16731
other employees designated to conduct the handling, servicing, and	16732
investigation of divorce, dissolution of marriage, legal	16733
separation, and annulment cases, conciliation and counseling, and	16734
all matters relating to those cases and counseling, and the	16735
expenses involved in the attendance of division personnel at	16736
domestic relations and welfare conferences designated by the	16737
division, and the further sum each year as will provide for the	16738
adequate operation of the division of domestic relations.	16739

The compensation and expenses of all employees and the salary	16740
and expenses of the judges shall be paid by the county treasurer	16741
from the money appropriated for the operation of the division,	16742
upon the warrant of the county auditor, certified to by the	16743
administrative judge of the division of domestic relations.	16744

The summonses, warrants, citations, subpoenas, and other	16745
writs of the division may issue to a bailiff, constable, or staff	16746
investigator of the division or to the sheriff of any county or	16747
any marshal, constable, or police officer, and the provisions of	16748
law relating to the subpoenaing of witnesses in other cases shall	16749
apply insofar as they are applicable. When a summons, warrant,	16750
citation, subpoena, or other writ is issued to an officer, other	16751
than a bailiff, constable, or staff investigator of the division,	16752
the expense of serving it shall be assessed as a part of the costs	16753
in the case involved.	16754

(3) The judge of the court of common pleas of Hamilton county	16755
whose term begins on January 3, 1997, and the successors to that	16756
judge shall each be elected and designated as the drug court judge	16757
of the court of common pleas of Hamilton county. The drug court	16758
judge may accept or reject any case referred to the drug court	16759
judge under division (B)(3) of this section. After the drug court	16760
judge accepts a referred case, the drug court judge has full	16761
authority over the case, including the authority to conduct	16762
arraignment, accept pleas, enter findings and dispositions,	16763
conduct trials, order treatment, and if treatment is not	16764
successfully completed pronounce and enter sentence.	16765

A judge of the general division of the court of common pleas	16766
of Hamilton county and a judge of the Hamilton county municipal	16767
court may refer to the drug court judge any case, and any	16768
companion cases, the judge determines meet the criteria described	16769
under divisions (B)(3)(a) and (b) of this section. If the drug	16770
court judge accepts referral of a referred case, the case, and any	16771
companion cases, shall be transferred to the drug court judge. A	16772
judge may refer a case meeting the criteria described in divisions	16773
(B)(3)(a) and (b) of this section that involves a violation of a	16774
condition of a community control sanction to the drug court judge,	16775
and, if the drug court judge accepts the referral, the referring	16776
judge and the drug court judge have concurrent jurisdiction over	16777
the case.	16778

A judge of the general division of the court of common pleas	16779
of Hamilton county and a judge of the Hamilton county municipal	16780
court may refer a case to the drug court judge under division	16781
(B)(3) of this section if the judge determines that both of the	16782
following apply:	16783

(a) One of the following applies:

16784

(i) The case involves a drug abuse offense, as defined in	16785
section 2925.01 of the Revised Code, that is a felony of the third	16786
or fourth degree if the offense is committed prior to July 1,	16787
1996, a felony of the third, fourth, or fifth degree if the	16788
offense is committed on or after July 1, 1996, or a misdemeanor.	16789

(ii) The case involves a theft offense, as defined in section	16790
2913.01 of the Revised Code, that is a felony of the third or	16791
fourth degree if the offense is committed prior to July 1, 1996, a	16792
felony of the third, fourth, or fifth degree if the offense is	16793
committed on or after July 1, 1996, or a misdemeanor, and the	16794
defendant is drug or alcohol dependent or in danger of becoming	16795
drug or alcohol dependent and would benefit from treatment.	16796

(b) All of the following apply:

16797

(i) The case involves an offense for which a community	16798
control sanction may be imposed or is a case in which a mandatory	16799
prison term or a mandatory jail term is not required to be	16800
imposed.	16801

(ii) The defendant has no history of violent behavior.

16802

(iii) The defendant has no history of mental illness.

16803

(iv) The defendant's current or past behavior, or both, is	16804
drug or alcohol driven.	16805

(v) The defendant demonstrates a sincere willingness to	16806
participate in a fifteen-month treatment process.	16807

(vi) The defendant has no acute health condition.

16808

(vii) If the defendant is incarcerated, the county prosecutor	16809
approves of the referral.	16810

(4) If the administrative judge of the court of common pleas	16811
of Hamilton county determines that the volume of cases pending	16812
before the drug court judge does not constitute a sufficient	16813
caseload for the drug court judge, the administrative judge, in	16814
accordance with the Rules of Superintendence for Courts of Common	16815
Pleas, shall assign individual cases to the drug court judge from	16816
the general docket of the court. If the assignments so occur, the	16817
administrative judge shall cease the assignments when the	16818
administrative judge determines that the volume of cases pending	16819
before the drug court judge constitutes a sufficient caseload for	16820
the drug court judge.	16821

(5) As used in division (B) of this section, "community	16822
control sanction," "mandatory prison term," and "mandatory jail	16823
term" have the same meanings as in section 2929.01 of the Revised	16824
Code.	16825

(C)(1) In Lorain county:

16826

(a) The judges of the court of common pleas whose terms begin	16827
on January 3, 1959, January 4, 1989, and January 2, 1999, and	16828
successors, and the judge of the court of common pleas whose term	16829
begins on February 9, 2009, shall have the same qualifications,	16830
exercise the same powers and jurisdiction, and receive the same	16831
compensation as the other judges of the court of common pleas of	16832
Lorain county and shall be elected and designated as the judges of	16833
the court of common pleas, division of domestic relations. The	16834
judges of the court of common pleas whose terms begin on January	16835
3, 1959, January 4, 1989, and January 2, 1999, and successors,	16836
shall have all of the powers relating to juvenile courts, and all	16837
cases under Chapters 2151. and 2152. of the Revised Code, all	16838
parentage proceedings over which the juvenile court has	16839
jurisdiction, and all divorce, dissolution of marriage, legal	16840
separation, and annulment cases shall be assigned to them, except	16841
cases that for some special reason are assigned to some other	16842
judge of the court of common pleas. From February 9, 2009, through	16843
September 28, 2009, the judge of the court of common pleas whose	16844
term begins on February 9, 2009, shall have all the powers	16845
relating to juvenile courts, and cases under Chapters 2151. and	16846
2152. of the Revised Code, parentage proceedings over which the	16847
juvenile court has jurisdiction, and divorce, dissolution of	16848
marriage, legal separation, and annulment cases shall be assigned	16849
to that judge, except cases that for some special reason are	16850
assigned to some other judge of the court of common pleas.	16851

(b) From January 1, 2006, through September 28, 2009, the	16852
judges of the court of common pleas, division of domestic	16853
relations, in addition to the powers and jurisdiction set forth in	16854
division (C)(1)(a) of this section, shall have jurisdiction over	16855
matters that are within the jurisdiction of the probate court	16856
under Chapter 2101. and other provisions of the Revised Code.	16857

(c) The judge of the court of common pleas, division of	16858
domestic relations, whose term begins on February 9, 2009, is the	16859
successor to the probate judge who was elected in 2002 for a term	16860
that began on February 9, 2003. After September 28, 2009, the	16861
judge of the court of common pleas, division of domestic	16862
relations, whose term begins on February 9, 2009, shall be the	16863
probate judge.	16864

(2)(a) From February 9, 2009, through September 28, 2009,	16865
with respect to Lorain county, all references in law to the	16866
probate court shall be construed as references to the court of	16867
common pleas, division of domestic relations, and all references	16868
to the probate judge shall be construed as references to the	16869
judges of the court of common pleas, division of domestic	16870
relations.	16871

(b) From February 9, 2009, through September 28, 2009, with	16872
respect to Lorain county, all references in law to the clerk of	16873
the probate court shall be construed as references to the judge	16874
who is serving pursuant to Rule 4 of the Rules of Superintendence	16875
for the Courts of Ohio as the administrative judge of the court of	16876
common pleas, division of domestic relations.	16877

(D) In Lucas county:

16878

(1) The judges of the court of common pleas whose terms begin	16879
on January 1, 1955, and January 3, 1965, and successors, shall	16880
have the same qualifications, exercise the same powers and	16881
jurisdiction, and receive the same compensation as other judges of	16882
the court of common pleas of Lucas county and shall be elected and	16883
designated as judges of the court of common pleas, division of	16884
domestic relations. All divorce, dissolution of marriage, legal	16885
separation, and annulment cases shall be assigned to them.	16886

The judge of the division of domestic relations, senior in	16887
point of service, shall be considered as the presiding judge of	16888
the court of common pleas, division of domestic relations, and	16889
shall be charged exclusively with the assignment and division of	16890
the work of the division and the employment and supervision of all	16891
other personnel of the domestic relations division.	16892

(2) The judges of the court of common pleas whose terms begin	16893
on January 5, 1977, and January 2, 1991, and successors shall have	16894
the same qualifications, exercise the same powers and	16895
jurisdiction, and receive the same compensation as other judges of	16896
the court of common pleas of Lucas county, shall be elected and	16897
designated as judges of the court of common pleas, juvenile	16898
division, and shall be the juvenile judges as provided in Chapters	16899
2151. and 2152. of the Revised Code with the powers and	16900
jurisdictions conferred by those chapters. In addition to the	16901
judge's regular duties, the judge of the court of common pleas,	16902
juvenile division, senior in point of service, shall be the	16903
administrator of the juvenile division and its subdivisions and	16904
departments and shall have charge of the employment, assignment,	16905
and supervision of the personnel of the division engaged in	16906
handling, servicing, or investigating juvenile cases, including	16907
any referees considered necessary by the judges of the division in	16908
the discharge of their various duties.	16909

The judge of the court of common pleas, juvenile division,	16910
senior in point of service, also shall designate the title,	16911
compensation, expense allowance, hours, leaves of absence, and	16912
vacation of the personnel of the division and shall fix the duties	16913
of the personnel of the division. The duties of the personnel, in	16914
addition to other statutory duties include the handling,	16915
servicing, and investigation of juvenile cases and counseling and	16916
conciliation services that may be made available to persons	16917
requesting them, whether or not the persons are parties to an	16918
action pending in the division.	16919

(3) If one of the judges of the court of common pleas,	16920
division of domestic relations, or one of the judges of the	16921
juvenile division is sick, absent, or unable to perform that	16922
judge's judicial duties or the volume of cases pending in that	16923
judge's division necessitates it, the duties shall be performed by	16924
the judges of the other of those divisions.	16925

(E) In Mahoning county:

16926

(1) The judge of the court of common pleas whose term began	16927
on January 1, 1955, and successors, shall have the same	16928
qualifications, exercise the same powers and jurisdiction, and	16929
receive the same compensation as other judges of the court of	16930
common pleas of Mahoning county, shall be elected and designated	16931
as judge of the court of common pleas, division of domestic	16932
relations, and shall be assigned all the divorce, dissolution of	16933
marriage, legal separation, and annulment cases coming before the	16934
court. In addition to the judge's regular duties, the judge of the	16935
court of common pleas, division of domestic relations, shall be	16936
the administrator of the domestic relations division and its	16937
subdivisions and departments and shall have charge of the	16938
employment, assignment, and supervision of the personnel of the	16939
division engaged in handling, servicing, or investigating divorce,	16940
dissolution of marriage, legal separation, and annulment cases,	16941
including any referees considered necessary in the discharge of	16942
the various duties of the judge's office.	16943

The judge also shall designate the title, compensation,	16944
expense allowances, hours, leaves of absence, and vacations of the	16945
personnel of the division and shall fix the duties of the	16946
personnel of the division. The duties of the personnel, in	16947
addition to other statutory duties, include the handling,	16948
servicing, and investigation of divorce, dissolution of marriage,	16949
legal separation, and annulment cases and counseling and	16950
conciliation services that may be made available to persons	16951
requesting them, whether or not the persons are parties to an	16952
action pending in the division.	16953

(2) The judge of the court of common pleas whose term began	16954
on January 2, 1969, and successors, shall have the same	16955
qualifications, exercise the same powers and jurisdiction, and	16956
receive the same compensation as other judges of the court of	16957
common pleas of Mahoning county, shall be elected and designated	16958
as judge of the court of common pleas, juvenile division, and	16959
shall be the juvenile judge as provided in Chapters 2151. and	16960
2152. of the Revised Code, with the powers and jurisdictions	16961
conferred by those chapters. In addition to the judge's regular	16962
duties, the judge of the court of common pleas, juvenile division,	16963
shall be the administrator of the juvenile division and its	16964
subdivisions and departments and shall have charge of the	16965
employment, assignment, and supervision of the personnel of the	16966
division engaged in handling, servicing, or investigating juvenile	16967
cases, including any referees considered necessary by the judge in	16968
the discharge of the judge's various duties.	16969

The judge also shall designate the title, compensation,	16970
expense allowances, hours, leaves of absence, and vacation of the	16971
personnel of the division and shall fix the duties of the	16972
personnel of the division. The duties of the personnel, in	16973
addition to other statutory duties, include the handling,	16974
servicing, and investigation of juvenile cases and counseling and	16975
conciliation services that may be made available to persons	16976
requesting them, whether or not the persons are parties to an	16977
action pending in the division.	16978

(3) If a judge of the court of common pleas, division of	16979
domestic relations or juvenile division, is sick, absent, or	16980
unable to perform that judge's judicial duties, or the volume of	16981
cases pending in that judge's division necessitates it, that	16982
judge's duties shall be performed by another judge of the court of	16983
common pleas.	16984

(F) In Montgomery county:

16985

(1) The judges of the court of common pleas whose terms begin	16986
on January 2, 1953, and January 4, 1977, and successors, shall	16987
have the same qualifications, exercise the same powers and	16988
jurisdiction, and receive the same compensation as other judges of	16989
the court of common pleas of Montgomery county and shall be	16990
elected and designated as judges of the court of common pleas,	16991
division of domestic relations. These judges shall have assigned	16992
to them all divorce, dissolution of marriage, legal separation,	16993
and annulment cases.	16994

The judge of the division of domestic relations, senior in	16995
point of service, shall be charged exclusively with the assignment	16996
and division of the work of the division and shall have charge of	16997
the employment and supervision of the personnel of the division	16998
engaged in handling, servicing, or investigating divorce,	16999
dissolution of marriage, legal separation, and annulment cases,	17000
including any necessary referees, except those employees who may	17001
be appointed by the judge, junior in point of service, under this	17002
section and sections 2301.12,and 2301.18~~, and 2301.19~~ of the	17003
Revised Code. The judge of the division of domestic relations,	17004
senior in point of service, also shall designate the title,	17005
compensation, expense allowances, hours, leaves of absence, and	17006
vacation of the personnel of the division and shall fix their	17007
duties.	17008

(2) The judges of the court of common pleas whose terms begin	17009
on January 1, 1953, and January 1, 1993, and successors, shall	17010
have the same qualifications, exercise the same powers and	17011
jurisdiction, and receive the same compensation as other judges of	17012
the court of common pleas of Montgomery county, shall be elected	17013
and designated as judges of the court of common pleas, juvenile	17014
division, and shall be, and have the powers and jurisdiction of,	17015
the juvenile judge as provided in Chapters 2151. and 2152. of the	17016
Revised Code.	17017

In addition to the judge's regular duties, the judge of the	17018
court of common pleas, juvenile division, senior in point of	17019
service, shall be the administrator of the juvenile division and	17020
its subdivisions and departments and shall have charge of the	17021
employment, assignment, and supervision of the personnel of the	17022
juvenile division, including any necessary referees, who are	17023
engaged in handling, servicing, or investigating juvenile cases.	17024
The judge, senior in point of service, also shall designate the	17025
title, compensation, expense allowances, hours, leaves of absence,	17026
and vacation of the personnel of the division and shall fix their	17027
duties. The duties of the personnel, in addition to other	17028
statutory duties, shall include the handling, servicing, and	17029
investigation of juvenile cases and of any counseling and	17030
conciliation services that are available upon request to persons,	17031
whether or not they are parties to an action pending in the	17032
division.	17033

If one of the judges of the court of common pleas, division	17034
of domestic relations, or one of the judges of the court of common	17035
pleas, juvenile division, is sick, absent, or unable to perform	17036
that judge's duties or the volume of cases pending in that judge's	17037
division necessitates it, the duties of that judge may be	17038
performed by the judge or judges of the other of those divisions.	17039

(G) In Richland county:

17040

(1) The judge of the court of common pleas whose term begins	17041
on January 1, 1957, and successors, shall have the same	17042
qualifications, exercise the same powers and jurisdiction, and	17043
receive the same compensation as the other judges of the court of	17044
common pleas of Richland county and shall be elected and	17045
designated as judge of the court of common pleas, division of	17046
domestic relations. That judge shall be assigned and hear all	17047
divorce, dissolution of marriage, legal separation, and annulment	17048
cases, all domestic violence cases arising under section 3113.31	17049
of the Revised Code, and all post-decree proceedings arising from	17050
any case pertaining to any of those matters. The division of	17051
domestic relations has concurrent jurisdiction with the juvenile	17052
division of the court of common pleas of Richland county to	17053
determine the care, custody, or control of any child not a ward of	17054
another court of this state, and to hear and determine a request	17055
for an order for the support of any child if the request is not	17056
ancillary to an action for divorce, dissolution of marriage,	17057
annulment, or legal separation, a criminal or civil action	17058
involving an allegation of domestic violence, or an action for	17059
support brought under Chapter 3115. of the Revised Code. Except in	17060
cases that are subject to the exclusive original jurisdiction of	17061
the juvenile court, the judge of the division of domestic	17062
relations shall be assigned and hear all cases pertaining to	17063
paternity or parentage, the care, custody, or control of children,	17064
parenting time or visitation, child support, or the allocation of	17065
parental rights and responsibilities for the care of children, all	17066
proceedings arising under Chapter 3111. of the Revised Code, all	17067
proceedings arising under the uniform interstate family support	17068
act contained in Chapter 3115. of the Revised Code, and all	17069
post-decree proceedings arising from any case pertaining to any of	17070
those matters.	17071

In addition to the judge's regular duties, the judge of the	17072
court of common pleas, division of domestic relations, shall be	17073
the administrator of the domestic relations division and its	17074
subdivisions and departments. The judge shall have charge of the	17075
employment, assignment, and supervision of the personnel of the	17076
domestic relations division, including any magistrates the judge	17077
considers necessary for the discharge of the judge's duties. The	17078
judge shall also designate the title, compensation, expense	17079
allowances, hours, leaves of absence, vacation, and other	17080
employment-related matters of the personnel of the division and	17081
shall fix their duties.	17082

(2) The judge of the court of common pleas whose term begins	17083
on January 3, 2005, and successors, shall have the same	17084
qualifications, exercise the same powers and jurisdiction, and	17085
receive the same compensation as other judges of the court of	17086
common pleas of Richland county, shall be elected and designated	17087
as judge of the court of common pleas, juvenile division, and	17088
shall be, and have the powers and jurisdiction of, the juvenile	17089
judge as provided in Chapters 2151. and 2152. of the Revised Code.	17090
Except in cases that are subject to the exclusive original	17091
jurisdiction of the juvenile court, the judge of the juvenile	17092
division shall not have jurisdiction or the power to hear, and	17093
shall not be assigned, any case pertaining to paternity or	17094
parentage, the care, custody, or control of children, parenting	17095
time or visitation, child support, or the allocation of parental	17096
rights and responsibilities for the care of children or any	17097
post-decree proceeding arising from any case pertaining to any of	17098
those matters. The judge of the juvenile division shall not have	17099
jurisdiction or the power to hear, and shall not be assigned, any	17100
proceeding under the uniform interstate family support act	17101
contained in Chapter 3115. of the Revised Code.	17102

In addition to the judge's regular duties, the judge of the	17103
juvenile division shall be the administrator of the juvenile	17104
division and its subdivisions and departments. The judge shall	17105
have charge of the employment, assignment, and supervision of the	17106
personnel of the juvenile division who are engaged in handling,	17107
servicing, or investigating juvenile cases, including any	17108
magistrates whom the judge considers necessary for the discharge	17109
of the judge's various duties.	17110

The judge of the juvenile division also shall designate the	17111
title, compensation, expense allowances, hours, leaves of absence,	17112
and vacation of the personnel of the division and shall fix their	17113
duties. The duties of the personnel, in addition to other	17114
statutory duties, include the handling, servicing, and	17115
investigation of juvenile cases and providing any counseling,	17116
conciliation, and mediation services that the court makes	17117
available to persons, whether or not the persons are parties to an	17118
action pending in the court, who request the services.	17119

(H) In Stark county, the judges of the court of common pleas	17120
whose terms begin on January 1, 1953, January 2, 1959, and January	17121
1, 1993, and successors, shall have the same qualifications,	17122
exercise the same powers and jurisdiction, and receive the same	17123
compensation as other judges of the court of common pleas of Stark	17124
county and shall be elected and designated as judges of the court	17125
of common pleas, division of domestic relations. They shall have	17126
all the powers relating to juvenile courts, and all cases under	17127
Chapters 2151. and 2152. of the Revised Code, all parentage	17128
proceedings over which the juvenile court has jurisdiction, and	17129
all divorce, dissolution of marriage, legal separation, and	17130
annulment cases, except cases that are assigned to some other	17131
judge of the court of common pleas for some special reason, shall	17132
be assigned to the judges.	17133

The judge of the division of domestic relations, second most	17134
senior in point of service, shall have charge of the employment	17135
and supervision of the personnel of the division engaged in	17136
handling, servicing, or investigating divorce, dissolution of	17137
marriage, legal separation, and annulment cases, and necessary	17138
referees required for the judge's respective court.	17139

The judge of the division of domestic relations, senior in	17140
point of service, shall be charged exclusively with the	17141
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	17142
of the Revised Code and with the assignment and division of the	17143
work of the division and the employment and supervision of all	17144
other personnel of the division, including, but not limited to,	17145
that judge's necessary referees, but excepting those employees who	17146
may be appointed by the judge second most senior in point of	17147
service. The senior judge further shall serve in every other	17148
position in which the statutes permit or require a juvenile judge	17149
to serve.	17150

(I) In Summit county:

17151

(1) The judges of the court of common pleas whose terms begin	17152
on January 4, 1967, and January 6, 1993, and successors, shall	17153
have the same qualifications, exercise the same powers and	17154
jurisdiction, and receive the same compensation as other judges of	17155
the court of common pleas of Summit county and shall be elected	17156
and designated as judges of the court of common pleas, division of	17157
domestic relations. The judges of the division of domestic	17158
relations shall have assigned to them and hear all divorce,	17159
dissolution of marriage, legal separation, and annulment cases	17160
that come before the court. Except in cases that are subject to	17161
the exclusive original jurisdiction of the juvenile court, the	17162
judges of the division of domestic relations shall have assigned	17163
to them and hear all cases pertaining to paternity, custody,	17164
visitation, child support, or the allocation of parental rights	17165
and responsibilities for the care of children and all post-decree	17166
proceedings arising from any case pertaining to any of those	17167
matters. The judges of the division of domestic relations shall	17168
have assigned to them and hear all proceedings under the uniform	17169
interstate family support act contained in Chapter 3115. of the	17170
Revised Code.	17171

The judge of the division of domestic relations, senior in	17172
point of service, shall be the administrator of the domestic	17173
relations division and its subdivisions and departments and shall	17174
have charge of the employment, assignment, and supervision of the	17175
personnel of the division, including any necessary referees, who	17176
are engaged in handling, servicing, or investigating divorce,	17177
dissolution of marriage, legal separation, and annulment cases.	17178
That judge also shall designate the title, compensation, expense	17179
allowances, hours, leaves of absence, and vacations of the	17180
personnel of the division and shall fix their duties. The duties	17181
of the personnel, in addition to other statutory duties, shall	17182
include the handling, servicing, and investigation of divorce,	17183
dissolution of marriage, legal separation, and annulment cases and	17184
of any counseling and conciliation services that are available	17185
upon request to all persons, whether or not they are parties to an	17186
action pending in the division.	17187

(2) The judge of the court of common pleas whose term begins	17188
on January 1, 1955, and successors, shall have the same	17189
qualifications, exercise the same powers and jurisdiction, and	17190
receive the same compensation as other judges of the court of	17191
common pleas of Summit county, shall be elected and designated as	17192
judge of the court of common pleas, juvenile division, and shall	17193
be, and have the powers and jurisdiction of, the juvenile judge as	17194
provided in Chapters 2151. and 2152. of the Revised Code. Except	17195
in cases that are subject to the exclusive original jurisdiction	17196
of the juvenile court, the judge of the juvenile division shall	17197
not have jurisdiction or the power to hear, and shall not be	17198
assigned, any case pertaining to paternity, custody, visitation,	17199
child support, or the allocation of parental rights and	17200
responsibilities for the care of children or any post-decree	17201
proceeding arising from any case pertaining to any of those	17202
matters. The judge of the juvenile division shall not have	17203
jurisdiction or the power to hear, and shall not be assigned, any	17204
proceeding under the uniform interstate family support act	17205
contained in Chapter 3115. of the Revised Code.	17206

The juvenile judge shall be the administrator of the juvenile	17207
division and its subdivisions and departments and shall have	17208
charge of the employment, assignment, and supervision of the	17209
personnel of the juvenile division, including any necessary	17210
referees, who are engaged in handling, servicing, or investigating	17211
juvenile cases. The judge also shall designate the title,	17212
compensation, expense allowances, hours, leaves of absence, and	17213
vacation of the personnel of the division and shall fix their	17214
duties. The duties of the personnel, in addition to other	17215
statutory duties, shall include the handling, servicing, and	17216
investigation of juvenile cases and of any counseling and	17217
conciliation services that are available upon request to persons,	17218
whether or not they are parties to an action pending in the	17219
division.	17220

(J) In Trumbull county, the judges of the court of common	17221
pleas whose terms begin on January 1, 1953, and January 2, 1977,	17222
and successors, shall have the same qualifications, exercise the	17223
same powers and jurisdiction, and receive the same compensation as	17224
other judges of the court of common pleas of Trumbull county and	17225
shall be elected and designated as judges of the court of common	17226
pleas, division of domestic relations. They shall have all the	17227
powers relating to juvenile courts, and all cases under Chapters	17228
2151. and 2152. of the Revised Code, all parentage proceedings	17229
over which the juvenile court has jurisdiction, and all divorce,	17230
dissolution of marriage, legal separation, and annulment cases	17231
shall be assigned to them, except cases that for some special	17232
reason are assigned to some other judge of the court of common	17233
pleas.	17234

(K) In Butler county:

17235

(1) The judges of the court of common pleas whose terms begin	17236
on January 1, 1957, and January 4, 1993, and successors, shall	17237
have the same qualifications, exercise the same powers and	17238
jurisdiction, and receive the same compensation as other judges of	17239
the court of common pleas of Butler county and shall be elected	17240
and designated as judges of the court of common pleas, division of	17241
domestic relations. The judges of the division of domestic	17242
relations shall have assigned to them all divorce, dissolution of	17243
marriage, legal separation, and annulment cases coming before the	17244
court, except in cases that for some special reason are assigned	17245
to some other judge of the court of common pleas. The judges of	17246
the division of domestic relations also have concurrent	17247
jurisdiction with judges of the juvenile division of the court of	17248
common pleas of Butler county with respect to and may hear cases	17249
to determine the custody, support, or custody and support of a	17250
child who is born of issue of a marriage and who is not the ward	17251
of another court of this state, cases commenced by a party of the	17252
marriage to obtain an order requiring support of any child when	17253
the request for that order is not ancillary to an action for	17254
divorce, dissolution of marriage, annulment, or legal separation,	17255
a criminal or civil action involving an allegation of domestic	17256
violence, an action for support under Chapter 3115. of the Revised	17257
Code, or an action that is within the exclusive original	17258
jurisdiction of the juvenile division of the court of common pleas	17259
of Butler county and that involves an allegation that the child is	17260
an abused, neglected, or dependent child, and post-decree	17261
proceedings and matters arising from those types of cases. The	17262
judge senior in point of service shall be charged with the	17263
assignment and division of the work of the division and with the	17264
employment and supervision of all other personnel of the domestic	17265
relations division.	17266

The judge senior in point of service also shall designate the	17267
title, compensation, expense allowances, hours, leaves of absence,	17268
and vacations of the personnel of the division and shall fix their	17269
duties. The duties of the personnel, in addition to other	17270
statutory duties, shall include the handling, servicing, and	17271
investigation of divorce, dissolution of marriage, legal	17272
separation, and annulment cases and providing any counseling and	17273
conciliation services that the division makes available to	17274
persons, whether or not the persons are parties to an action	17275
pending in the division, who request the services.	17276

(2) The judges of the court of common pleas whose terms begin	17277
on January 3, 1987, and January 2, 2003, and successors, shall	17278
have the same qualifications, exercise the same powers and	17279
jurisdiction, and receive the same compensation as other judges of	17280
the court of common pleas of Butler county, shall be elected and	17281
designated as judges of the court of common pleas, juvenile	17282
division, and shall be the juvenile judges as provided in Chapters	17283
2151. and 2152. of the Revised Code, with the powers and	17284
jurisdictions conferred by those chapters. Except in cases that	17285
are subject to the exclusive original jurisdiction of the juvenile	17286
court, the judges of the juvenile division shall not have	17287
jurisdiction or the power to hear and shall not be assigned, but	17288
shall have the limited ability and authority to certify, any case	17289
commenced by a party of a marriage to determine the custody,	17290
support, or custody and support of a child who is born of issue of	17291
the marriage and who is not the ward of another court of this	17292
state when the request for the order in the case is not ancillary	17293
to an action for divorce, dissolution of marriage, annulment, or	17294
legal separation. The judge of the court of common pleas, juvenile	17295
division, who is senior in point of service, shall be the	17296
administrator of the juvenile division and its subdivisions and	17297
departments. The judge, senior in point of service, shall have	17298
charge of the employment, assignment, and supervision of the	17299
personnel of the juvenile division who are engaged in handling,	17300
servicing, or investigating juvenile cases, including any referees	17301
whom the judge considers necessary for the discharge of the	17302
judge's various duties.	17303

The judge, senior in point of service, also shall designate	17304
the title, compensation, expense allowances, hours, leaves of	17305
absence, and vacation of the personnel of the division and shall	17306
fix their duties. The duties of the personnel, in addition to	17307
other statutory duties, include the handling, servicing, and	17308
investigation of juvenile cases and providing any counseling and	17309
conciliation services that the division makes available to	17310
persons, whether or not the persons are parties to an action	17311
pending in the division, who request the services.	17312

(3) If a judge of the court of common pleas, division of	17313
domestic relations or juvenile division, is sick, absent, or	17314
unable to perform that judge's judicial duties or the volume of	17315
cases pending in the judge's division necessitates it, the duties	17316
of that judge shall be performed by the other judges of the	17317
domestic relations and juvenile divisions.	17318

(L)(1) In Cuyahoga county, the judges of the court of common	17319
pleas whose terms begin on January 8, 1961, January 9, 1961,	17320
January 18, 1975, January 19, 1975, and January 13, 1987, and	17321
successors, shall have the same qualifications, exercise the same	17322
powers and jurisdiction, and receive the same compensation as	17323
other judges of the court of common pleas of Cuyahoga county and	17324
shall be elected and designated as judges of the court of common	17325
pleas, division of domestic relations. They shall have all the	17326
powers relating to all divorce, dissolution of marriage, legal	17327
separation, and annulment cases, except in cases that are assigned	17328
to some other judge of the court of common pleas for some special	17329
reason.	17330

(2) The administrative judge is administrator of the domestic	17331
relations division and its subdivisions and departments and has	17332
the following powers concerning division personnel:	17333

(a) Full charge of the employment, assignment, and	17334
supervision;	17335

(b) Sole determination of compensation, duties, expenses,	17336
allowances, hours, leaves, and vacations.	17337

(3) "Division personnel" include persons employed or referees	17338
engaged in hearing, servicing, investigating, counseling, or	17339
conciliating divorce, dissolution of marriage, legal separation	17340
and annulment matters.	17341

(M) In Lake county:

17342

(1) The judge of the court of common pleas whose term begins	17343
on January 2, 1961, and successors, shall have the same	17344
qualifications, exercise the same powers and jurisdiction, and	17345
receive the same compensation as the other judges of the court of	17346
common pleas of Lake county and shall be elected and designated as	17347
judge of the court of common pleas, division of domestic	17348
relations. The judge shall be assigned all the divorce,	17349
dissolution of marriage, legal separation, and annulment cases	17350
coming before the court, except in cases that for some special	17351
reason are assigned to some other judge of the court of common	17352
pleas. The judge shall be charged with the assignment and division	17353
of the work of the division and with the employment and	17354
supervision of all other personnel of the domestic relations	17355
division.	17356

The judge also shall designate the title, compensation,	17357
expense allowances, hours, leaves of absence, and vacations of the	17358
personnel of the division and shall fix their duties. The duties	17359
of the personnel, in addition to other statutory duties, shall	17360
include the handling, servicing, and investigation of divorce,	17361
dissolution of marriage, legal separation, and annulment cases and	17362
providing any counseling and conciliation services that the	17363
division makes available to persons, whether or not the persons	17364
are parties to an action pending in the division, who request the	17365
services.	17366

(2) The judge of the court of common pleas whose term begins	17367
on January 4, 1979, and successors, shall have the same	17368
qualifications, exercise the same powers and jurisdiction, and	17369
receive the same compensation as other judges of the court of	17370
common pleas of Lake county, shall be elected and designated as	17371
judge of the court of common pleas, juvenile division, and shall	17372
be the juvenile judge as provided in Chapters 2151. and 2152. of	17373
the Revised Code, with the powers and jurisdictions conferred by	17374
those chapters. The judge of the court of common pleas, juvenile	17375
division, shall be the administrator of the juvenile division and	17376
its subdivisions and departments. The judge shall have charge of	17377
the employment, assignment, and supervision of the personnel of	17378
the juvenile division who are engaged in handling, servicing, or	17379
investigating juvenile cases, including any referees whom the	17380
judge considers necessary for the discharge of the judge's various	17381
duties.	17382

The judge also shall designate the title, compensation,	17383
expense allowances, hours, leaves of absence, and vacation of the	17384
personnel of the division and shall fix their duties. The duties	17385
of the personnel, in addition to other statutory duties, include	17386
the handling, servicing, and investigation of juvenile cases and	17387
providing any counseling and conciliation services that the	17388
division makes available to persons, whether or not the persons	17389
are parties to an action pending in the division, who request the	17390
services.	17391

(3) If a judge of the court of common pleas, division of	17392
domestic relations or juvenile division, is sick, absent, or	17393
unable to perform that judge's judicial duties or the volume of	17394
cases pending in the judge's division necessitates it, the duties	17395
of that judge shall be performed by the other judges of the	17396
domestic relations and juvenile divisions.	17397

(N) In Erie county:

17398

(1) The judge of the court of common pleas whose term begins	17399
on January 2, 1971, and the successors to that judge whose terms	17400
begin before January 2, 2007, shall have the same qualifications,	17401
exercise the same powers and jurisdiction, and receive the same	17402
compensation as the other judge of the court of common pleas of	17403
Erie county and shall be elected and designated as judge of the	17404
court of common pleas, division of domestic relations. The judge	17405
shall have all the powers relating to juvenile courts, and shall	17406
be assigned all cases under Chapters 2151. and 2152. of the	17407
Revised Code, parentage proceedings over which the juvenile court	17408
has jurisdiction, and divorce, dissolution of marriage, legal	17409
separation, and annulment cases, except cases that for some	17410
special reason are assigned to some other judge.	17411

On or after January 2, 2007, the judge of the court of common	17412
pleas who is elected in 2006 shall be the successor to the judge	17413
of the domestic relations division whose term expires on January	17414
1, 2007, shall be designated as judge of the court of common	17415
pleas, juvenile division, and shall be the juvenile judge as	17416
provided in Chapters 2151. and 2152. of the Revised Code with the	17417
powers and jurisdictions conferred by those chapters.	17418

(2) The judge of the court of common pleas, general division,	17419
whose term begins on January 1, 2005, and successors, the judge of	17420
the court of common pleas, general division whose term begins on	17421
January 2, 2005, and successors, and the judge of the court of	17422
common pleas, general division, whose term begins February 9,	17423
2009, and successors, shall have assigned to them, in addition to	17424
all matters that are within the jurisdiction of the general	17425
division of the court of common pleas, all divorce, dissolution of	17426
marriage, legal separation, and annulment cases coming before the	17427
court, and all matters that are within the jurisdiction of the	17428
probate court under Chapter 2101., and other provisions, of the	17429
Revised Code.	17430

(O) In Greene county:

17431

(1) The judge of the court of common pleas whose term begins	17432
on January 1, 1961, and successors, shall have the same	17433
qualifications, exercise the same powers and jurisdiction, and	17434
receive the same compensation as the other judges of the court of	17435
common pleas of Greene county and shall be elected and designated	17436
as the judge of the court of common pleas, division of domestic	17437
relations. The judge shall be assigned all divorce, dissolution of	17438
marriage, legal separation, annulment, uniform reciprocal support	17439
enforcement, and domestic violence cases and all other cases	17440
related to domestic relations, except cases that for some special	17441
reason are assigned to some other judge of the court of common	17442
pleas.	17443

The judge shall be charged with the assignment and division	17444
of the work of the division and with the employment and	17445
supervision of all other personnel of the division. The judge also	17446
shall designate the title, compensation, hours, leaves of absence,	17447
and vacations of the personnel of the division and shall fix their	17448
duties. The duties of the personnel of the division, in addition	17449
to other statutory duties, shall include the handling, servicing,	17450
and investigation of divorce, dissolution of marriage, legal	17451
separation, and annulment cases and the provision of counseling	17452
and conciliation services that the division considers necessary	17453
and makes available to persons who request the services, whether	17454
or not the persons are parties in an action pending in the	17455
division. The compensation for the personnel shall be paid from	17456
the overall court budget and shall be included in the	17457
appropriations for the existing judges of the general division of	17458
the court of common pleas.	17459

(2) The judge of the court of common pleas whose term begins	17460
on January 1, 1995, and successors, shall have the same	17461
qualifications, exercise the same powers and jurisdiction, and	17462
receive the same compensation as the other judges of the court of	17463
common pleas of Greene county, shall be elected and designated as	17464
judge of the court of common pleas, juvenile division, and, on or	17465
after January 1, 1995, shall be the juvenile judge as provided in	17466
Chapters 2151. and 2152. of the Revised Code with the powers and	17467
jurisdiction conferred by those chapters. The judge of the court	17468
of common pleas, juvenile division, shall be the administrator of	17469
the juvenile division and its subdivisions and departments. The	17470
judge shall have charge of the employment, assignment, and	17471
supervision of the personnel of the juvenile division who are	17472
engaged in handling, servicing, or investigating juvenile cases,	17473
including any referees whom the judge considers necessary for the	17474
discharge of the judge's various duties.	17475

The judge also shall designate the title, compensation,	17476
expense allowances, hours, leaves of absence, and vacation of the	17477
personnel of the division and shall fix their duties. The duties	17478
of the personnel, in addition to other statutory duties, include	17479
the handling, servicing, and investigation of juvenile cases and	17480
providing any counseling and conciliation services that the court	17481
makes available to persons, whether or not the persons are parties	17482
to an action pending in the court, who request the services.	17483

(3) If one of the judges of the court of common pleas,	17484
general division, is sick, absent, or unable to perform that	17485
judge's judicial duties or the volume of cases pending in the	17486
general division necessitates it, the duties of that judge of the	17487
general division shall be performed by the judge of the division	17488
of domestic relations and the judge of the juvenile division.	17489

(P) In Portage county, the judge of the court of common	17490
pleas, whose term begins January 2, 1987, and successors, shall	17491
have the same qualifications, exercise the same powers and	17492
jurisdiction, and receive the same compensation as the other	17493
judges of the court of common pleas of Portage county and shall be	17494
elected and designated as judge of the court of common pleas,	17495
division of domestic relations. The judge shall be assigned all	17496
divorce, dissolution of marriage, legal separation, and annulment	17497
cases coming before the court, except in cases that for some	17498
special reason are assigned to some other judge of the court of	17499
common pleas. The judge shall be charged with the assignment and	17500
division of the work of the division and with the employment and	17501
supervision of all other personnel of the domestic relations	17502
division.	17503

The judge also shall designate the title, compensation,	17504
expense allowances, hours, leaves of absence, and vacations of the	17505
personnel of the division and shall fix their duties. The duties	17506
of the personnel, in addition to other statutory duties, shall	17507
include the handling, servicing, and investigation of divorce,	17508
dissolution of marriage, legal separation, and annulment cases and	17509
providing any counseling and conciliation services that the	17510
division makes available to persons, whether or not the persons	17511
are parties to an action pending in the division, who request the	17512
services.	17513

(Q) In Clermont county, the judge of the court of common	17514
pleas, whose term begins January 2, 1987, and successors, shall	17515
have the same qualifications, exercise the same powers and	17516
jurisdiction, and receive the same compensation as the other	17517
judges of the court of common pleas of Clermont county and shall	17518
be elected and designated as judge of the court of common pleas,	17519
division of domestic relations. The judge shall be assigned all	17520
divorce, dissolution of marriage, legal separation, and annulment	17521
cases coming before the court, except in cases that for some	17522
special reason are assigned to some other judge of the court of	17523
common pleas. The judge shall be charged with the assignment and	17524
division of the work of the division and with the employment and	17525
supervision of all other personnel of the domestic relations	17526
division.	17527

The judge also shall designate the title, compensation,	17528
expense allowances, hours, leaves of absence, and vacations of the	17529
personnel of the division and shall fix their duties. The duties	17530
of the personnel, in addition to other statutory duties, shall	17531
include the handling, servicing, and investigation of divorce,	17532
dissolution of marriage, legal separation, and annulment cases and	17533
providing any counseling and conciliation services that the	17534
division makes available to persons, whether or not the persons	17535
are parties to an action pending in the division, who request the	17536
services.	17537

(R) In Warren county, the judge of the court of common pleas,	17538
whose term begins January 1, 1987, and successors, shall have the	17539
same qualifications, exercise the same powers and jurisdiction,	17540
and receive the same compensation as the other judges of the court	17541
of common pleas of Warren county and shall be elected and	17542
designated as judge of the court of common pleas, division of	17543
domestic relations. The judge shall be assigned all divorce,	17544
dissolution of marriage, legal separation, and annulment cases	17545
coming before the court, except in cases that for some special	17546
reason are assigned to some other judge of the court of common	17547
pleas. The judge shall be charged with the assignment and division	17548
of the work of the division and with the employment and	17549
supervision of all other personnel of the domestic relations	17550
division.	17551

The judge also shall designate the title, compensation,	17552
expense allowances, hours, leaves of absence, and vacations of the	17553
personnel of the division and shall fix their duties. The duties	17554
of the personnel, in addition to other statutory duties, shall	17555
include the handling, servicing, and investigation of divorce,	17556
dissolution of marriage, legal separation, and annulment cases and	17557
providing any counseling and conciliation services that the	17558
division makes available to persons, whether or not the persons	17559
are parties to an action pending in the division, who request the	17560
services.	17561

(S) In Licking county, the judges of the court of common	17562
pleas, whose terms begin on January 1, 1991, and January 1, 2005,	17563
and successors, shall have the same qualifications, exercise the	17564
same powers and jurisdiction, and receive the same compensation as	17565
the other judges of the court of common pleas of Licking county	17566
and shall be elected and designated as judges of the court of	17567
common pleas, division of domestic relations. The judges shall be	17568
assigned all divorce, dissolution of marriage, legal separation,	17569
and annulment cases, all cases arising under Chapter 3111. of the	17570
Revised Code, all proceedings involving child support, the	17571
allocation of parental rights and responsibilities for the care of	17572
children and the designation for the children of a place of	17573
residence and legal custodian, parenting time, and visitation, and	17574
all post-decree proceedings and matters arising from those cases	17575
and proceedings, except in cases that for some special reason are	17576
assigned to another judge of the court of common pleas. The	17577
administrative judge of the division of domestic relations shall	17578
be charged with the assignment and division of the work of the	17579
division and with the employment and supervision of the personnel	17580
of the division.	17581

The administrative judge of the division of domestic	17582
relations shall designate the title, compensation, expense	17583
allowances, hours, leaves of absence, and vacations of the	17584
personnel of the division and shall fix the duties of the	17585
personnel of the division. The duties of the personnel of the	17586
division, in addition to other statutory duties, shall include the	17587
handling, servicing, and investigation of divorce, dissolution of	17588
marriage, legal separation, and annulment cases, cases arising	17589
under Chapter 3111. of the Revised Code, and proceedings involving	17590
child support, the allocation of parental rights and	17591
responsibilities for the care of children and the designation for	17592
the children of a place of residence and legal custodian,	17593
parenting time, and visitation and providing any counseling and	17594
conciliation services that the division makes available to	17595
persons, whether or not the persons are parties to an action	17596
pending in the division, who request the services.	17597

(T) In Allen county, the judge of the court of common pleas,	17598
whose term begins January 1, 1993, and successors, shall have the	17599
same qualifications, exercise the same powers and jurisdiction,	17600
and receive the same compensation as the other judges of the court	17601
of common pleas of Allen county and shall be elected and	17602
designated as judge of the court of common pleas, division of	17603
domestic relations. The judge shall be assigned all divorce,	17604
dissolution of marriage, legal separation, and annulment cases,	17605
all cases arising under Chapter 3111. of the Revised Code, all	17606
proceedings involving child support, the allocation of parental	17607
rights and responsibilities for the care of children and the	17608
designation for the children of a place of residence and legal	17609
custodian, parenting time, and visitation, and all post-decree	17610
proceedings and matters arising from those cases and proceedings,	17611
except in cases that for some special reason are assigned to	17612
another judge of the court of common pleas. The judge shall be	17613
charged with the assignment and division of the work of the	17614
division and with the employment and supervision of the personnel	17615
of the division.	17616

The judge shall designate the title, compensation, expense	17617
allowances, hours, leaves of absence, and vacations of the	17618
personnel of the division and shall fix the duties of the	17619
personnel of the division. The duties of the personnel of the	17620
division, in addition to other statutory duties, shall include the	17621
handling, servicing, and investigation of divorce, dissolution of	17622
marriage, legal separation, and annulment cases, cases arising	17623
under Chapter 3111. of the Revised Code, and proceedings involving	17624
child support, the allocation of parental rights and	17625
responsibilities for the care of children and the designation for	17626
the children of a place of residence and legal custodian,	17627
parenting time, and visitation, and providing any counseling and	17628
conciliation services that the division makes available to	17629
persons, whether or not the persons are parties to an action	17630
pending in the division, who request the services.	17631

(U) In Medina county, the judge of the court of common pleas	17632
whose term begins January 1, 1995, and successors, shall have the	17633
same qualifications, exercise the same powers and jurisdiction,	17634
and receive the same compensation as other judges of the court of	17635
common pleas of Medina county and shall be elected and designated	17636
as judge of the court of common pleas, division of domestic	17637
relations. The judge shall be assigned all divorce, dissolution of	17638
marriage, legal separation, and annulment cases, all cases arising	17639
under Chapter 3111. of the Revised Code, all proceedings involving	17640
child support, the allocation of parental rights and	17641
responsibilities for the care of children and the designation for	17642
the children of a place of residence and legal custodian,	17643
parenting time, and visitation, and all post-decree proceedings	17644
and matters arising from those cases and proceedings, except in	17645
cases that for some special reason are assigned to another judge	17646
of the court of common pleas. The judge shall be charged with the	17647
assignment and division of the work of the division and with the	17648
employment and supervision of the personnel of the division.	17649

The judge shall designate the title, compensation, expense	17650
allowances, hours, leaves of absence, and vacations of the	17651
personnel of the division and shall fix the duties of the	17652
personnel of the division. The duties of the personnel, in	17653
addition to other statutory duties, include the handling,	17654
servicing, and investigation of divorce, dissolution of marriage,	17655
legal separation, and annulment cases, cases arising under Chapter	17656
3111. of the Revised Code, and proceedings involving child	17657
support, the allocation of parental rights and responsibilities	17658
for the care of children and the designation for the children of a	17659
place of residence and legal custodian, parenting time, and	17660
visitation, and providing counseling and conciliation services	17661
that the division makes available to persons, whether or not the	17662
persons are parties to an action pending in the division, who	17663
request the services.	17664

(V) In Fairfield county, the judge of the court of common	17665
pleas whose term begins January 2, 1995, and successors, shall	17666
have the same qualifications, exercise the same powers and	17667
jurisdiction, and receive the same compensation as the other	17668
judges of the court of common pleas of Fairfield county and shall	17669
be elected and designated as judge of the court of common pleas,	17670
division of domestic relations. The judge shall be assigned all	17671
divorce, dissolution of marriage, legal separation, and annulment	17672
cases, all cases arising under Chapter 3111. of the Revised Code,	17673
all proceedings involving child support, the allocation of	17674
parental rights and responsibilities for the care of children and	17675
the designation for the children of a place of residence and legal	17676
custodian, parenting time, and visitation, and all post-decree	17677
proceedings and matters arising from those cases and proceedings,	17678
except in cases that for some special reason are assigned to	17679
another judge of the court of common pleas. The judge also has	17680
concurrent jurisdiction with the probate-juvenile division of the	17681
court of common pleas of Fairfield county with respect to and may	17682
hear cases to determine the custody of a child, as defined in	17683
section 2151.011 of the Revised Code, who is not the ward of	17684
another court of this state, cases that are commenced by a parent,	17685
guardian, or custodian of a child, as defined in section 2151.011	17686
of the Revised Code, to obtain an order requiring a parent of the	17687
child to pay child support for that child when the request for	17688
that order is not ancillary to an action for divorce, dissolution	17689
of marriage, annulment, or legal separation, a criminal or civil	17690
action involving an allegation of domestic violence, an action for	17691
support under Chapter 3115. of the Revised Code, or an action that	17692
is within the exclusive original jurisdiction of the	17693
probate-juvenile division of the court of common pleas of	17694
Fairfield county and that involves an allegation that the child is	17695
an abused, neglected, or dependent child, and post-decree	17696
proceedings and matters arising from those types of cases.	17697

The judge of the domestic relations division shall be charged	17698
with the assignment and division of the work of the division and	17699
with the employment and supervision of the personnel of the	17700
division.	17701

The judge shall designate the title, compensation, expense	17702
allowances, hours, leaves of absence, and vacations of the	17703
personnel of the division and shall fix the duties of the	17704
personnel of the division. The duties of the personnel of the	17705
division, in addition to other statutory duties, shall include the	17706
handling, servicing, and investigation of divorce, dissolution of	17707
marriage, legal separation, and annulment cases, cases arising	17708
under Chapter 3111. of the Revised Code, and proceedings involving	17709
child support, the allocation of parental rights and	17710
responsibilities for the care of children and the designation for	17711
the children of a place of residence and legal custodian,	17712
parenting time, and visitation, and providing any counseling and	17713
conciliation services that the division makes available to	17714
persons, regardless of whether the persons are parties to an	17715
action pending in the division, who request the services. When the	17716
judge hears a case to determine the custody of a child, as defined	17717
in section 2151.011 of the Revised Code, who is not the ward of	17718
another court of this state or a case that is commenced by a	17719
parent, guardian, or custodian of a child, as defined in section	17720
2151.011 of the Revised Code, to obtain an order requiring a	17721
parent of the child to pay child support for that child when the	17722
request for that order is not ancillary to an action for divorce,	17723
dissolution of marriage, annulment, or legal separation, a	17724
criminal or civil action involving an allegation of domestic	17725
violence, an action for support under Chapter 3115. of the Revised	17726
Code, or an action that is within the exclusive original	17727
jurisdiction of the probate-juvenile division of the court of	17728
common pleas of Fairfield county and that involves an allegation	17729
that the child is an abused, neglected, or dependent child, the	17730
duties of the personnel of the domestic relations division also	17731
include the handling, servicing, and investigation of those types	17732
of cases.	17733

(W)(1) In Clark county, the judge of the court of common	17734
pleas whose term begins on January 2, 1995, and successors, shall	17735
have the same qualifications, exercise the same powers and	17736
jurisdiction, and receive the same compensation as other judges of	17737
the court of common pleas of Clark county and shall be elected and	17738
designated as judge of the court of common pleas, domestic	17739
relations division. The judge shall have all the powers relating	17740
to juvenile courts, and all cases under Chapters 2151. and 2152.	17741
of the Revised Code and all parentage proceedings under Chapter	17742
3111. of the Revised Code over which the juvenile court has	17743
jurisdiction shall be assigned to the judge of the division of	17744
domestic relations. All divorce, dissolution of marriage, legal	17745
separation, annulment, uniform reciprocal support enforcement, and	17746
other cases related to domestic relations shall be assigned to the	17747
domestic relations division, and the presiding judge of the court	17748
of common pleas shall assign the cases to the judge of the	17749
domestic relations division and the judges of the general	17750
division.	17751

(2) In addition to the judge's regular duties, the judge of	17752
the division of domestic relations shall serve on the children	17753
services board and the county advisory board.	17754

(3) If the judge of the court of common pleas of Clark	17755
county, division of domestic relations, is sick, absent, or unable	17756
to perform that judge's judicial duties or if the presiding judge	17757
of the court of common pleas of Clark county determines that the	17758
volume of cases pending in the division of domestic relations	17759
necessitates it, the duties of the judge of the division of	17760
domestic relations shall be performed by the judges of the general	17761
division or probate division of the court of common pleas of Clark	17762
county, as assigned for that purpose by the presiding judge of	17763
that court, and the judges so assigned shall act in conjunction	17764
with the judge of the division of domestic relations of that	17765
court.	17766

(X) In Scioto county, the judge of the court of common pleas	17767
whose term begins January 2, 1995, and successors, shall have the	17768
same qualifications, exercise the same powers and jurisdiction,	17769
and receive the same compensation as other judges of the court of	17770
common pleas of Scioto county and shall be elected and designated	17771
as judge of the court of common pleas, division of domestic	17772
relations. The judge shall be assigned all divorce, dissolution of	17773
marriage, legal separation, and annulment cases, all cases arising	17774
under Chapter 3111. of the Revised Code, all proceedings involving	17775
child support, the allocation of parental rights and	17776
responsibilities for the care of children and the designation for	17777
the children of a place of residence and legal custodian,	17778
parenting time, visitation, and all post-decree proceedings and	17779
matters arising from those cases and proceedings, except in cases	17780
that for some special reason are assigned to another judge of the	17781
court of common pleas. The judge shall be charged with the	17782
assignment and division of the work of the division and with the	17783
employment and supervision of the personnel of the division.	17784

The judge shall designate the title, compensation, expense	17785
allowances, hours, leaves of absence, and vacations of the	17786
personnel of the division and shall fix the duties of the	17787
personnel of the division. The duties of the personnel, in	17788
addition to other statutory duties, include the handling,	17789
servicing, and investigation of divorce, dissolution of marriage,	17790
legal separation, and annulment cases, cases arising under Chapter	17791
3111. of the Revised Code, and proceedings involving child	17792
support, the allocation of parental rights and responsibilities	17793
for the care of children and the designation for the children of a	17794
place of residence and legal custodian, parenting time, and	17795
visitation, and providing counseling and conciliation services	17796
that the division makes available to persons, whether or not the	17797
persons are parties to an action pending in the division, who	17798
request the services.	17799

(Y) In Auglaize county, the judge of the probate and juvenile	17800
divisions of the Auglaize county court of common pleas also shall	17801
be the administrative judge of the domestic relations division of	17802
the court and shall be assigned all divorce, dissolution of	17803
marriage, legal separation, and annulment cases coming before the	17804
court. The judge shall have all powers as administrator of the	17805
domestic relations division and shall have charge of the personnel	17806
engaged in handling, servicing, or investigating divorce,	17807
dissolution of marriage, legal separation, and annulment cases,	17808
including any referees considered necessary for the discharge of	17809
the judge's various duties.	17810

(Z)(1) In Marion county, the judge of the court of common	17811
pleas whose term begins on February 9, 1999, and the successors to	17812
that judge, shall have the same qualifications, exercise the same	17813
powers and jurisdiction, and receive the same compensation as the	17814
other judges of the court of common pleas of Marion county and	17815
shall be elected and designated as judge of the court of common	17816
pleas, domestic relations-juvenile-probate division. Except as	17817
otherwise specified in this division, that judge, and the	17818
successors to that judge, shall have all the powers relating to	17819
juvenile courts, and all cases under Chapters 2151. and 2152. of	17820
the Revised Code, all cases arising under Chapter 3111. of the	17821
Revised Code, all divorce, dissolution of marriage, legal	17822
separation, and annulment cases, all proceedings involving child	17823
support, the allocation of parental rights and responsibilities	17824
for the care of children and the designation for the children of a	17825
place of residence and legal custodian, parenting time, and	17826
visitation, and all post-decree proceedings and matters arising	17827
from those cases and proceedings shall be assigned to that judge	17828
and the successors to that judge. Except as provided in division	17829
(Z)(2) of this section and notwithstanding any other provision of	17830
any section of the Revised Code, on and after February 9, 2003,	17831
the judge of the court of common pleas of Marion county whose term	17832
begins on February 9, 1999, and the successors to that judge,	17833
shall have all the powers relating to the probate division of the	17834
court of common pleas of Marion county in addition to the powers	17835
previously specified in this division, and shall exercise	17836
concurrent jurisdiction with the judge of the probate division of	17837
that court over all matters that are within the jurisdiction of	17838
the probate division of that court under Chapter 2101., and other	17839
provisions, of the Revised Code in addition to the jurisdiction of	17840
the domestic relations-juvenile-probate division of that court	17841
otherwise specified in division (Z)(1) of this section.	17842

(2) The judge of the domestic relations-juvenile-probate	17843
division of the court of common pleas of Marion county or the	17844
judge of the probate division of the court of common pleas of	17845
Marion county, whichever of those judges is senior in total length	17846
of service on the court of common pleas of Marion county,	17847
regardless of the division or divisions of service, shall serve as	17848
the clerk of the probate division of the court of common pleas of	17849
Marion county.	17850

(3) On and after February 9, 2003, all references in law to	17851
"the probate court," "the probate judge," "the juvenile court," or	17852
"the judge of the juvenile court" shall be construed, with respect	17853
to Marion county, as being references to both "the probate	17854
division" and "the domestic relations-juvenile-probate division"	17855
and as being references to both "the judge of the probate	17856
division" and "the judge of the domestic relations-	17857
juvenile-probate division." On and after February 9, 2003, all	17858
references in law to "the clerk of the probate court" shall be	17859
construed, with respect to Marion county, as being references to	17860
the judge who is serving pursuant to division (Z)(2) of this	17861
section as the clerk of the probate division of the court of	17862
common pleas of Marion county.	17863

(AA) In Muskingum county, the judge of the court of common	17864
pleas whose term begins on January 2, 2003, and successors, shall	17865
have the same qualifications, exercise the same powers and	17866
jurisdiction, and receive the same compensation as the other	17867
judges of the court of common pleas of Muskingum county and shall	17868
be elected and designated as the judge of the court of common	17869
pleas, division of domestic relations. The judge shall be assigned	17870
all divorce, dissolution of marriage, legal separation, and	17871
annulment cases, all cases arising under Chapter 3111. of the	17872
Revised Code, all proceedings involving child support, the	17873
allocation of parental rights and responsibilities for the care of	17874
children and the designation for the children of a place of	17875
residence and legal custodian, parenting time, and visitation, and	17876
all post-decree proceedings and matters arising from those cases	17877
and proceedings, except in cases that for some special reason are	17878
assigned to another judge of the court of common pleas. The judge	17879
shall be charged with the assignment and division of the work of	17880
the division and with the employment and supervision of the	17881
personnel of the division.	17882

The judge shall designate the title, compensation, expense	17883
allowances, hours, leaves of absence, and vacations of the	17884
personnel of the division and shall fix the duties of the	17885
personnel of the division. The duties of the personnel of the	17886
division, in addition to other statutory duties, shall include the	17887
handling, servicing, and investigation of divorce, dissolution of	17888
marriage, legal separation, and annulment cases, cases arising	17889
under Chapter 3111. of the Revised Code, and proceedings involving	17890
child support, the allocation of parental rights and	17891
responsibilities for the care of children and the designation for	17892
the children of a place of residence and legal custodian,	17893
parenting time, and visitation and providing any counseling and	17894
conciliation services that the division makes available to	17895
persons, whether or not the persons are parties to an action	17896
pending in the division, who request the services.	17897

(BB) In Henry county, the judge of the court of common pleas	17898
whose term begins on January 1, 2005, and successors, shall have	17899
the same qualifications, exercise the same powers and	17900
jurisdiction, and receive the same compensation as the other judge	17901
of the court of common pleas of Henry county and shall be elected	17902
and designated as the judge of the court of common pleas, division	17903
of domestic relations. The judge shall have all of the powers	17904
relating to juvenile courts, and all cases under Chapter 2151. or	17905
2152. of the Revised Code, all parentage proceedings arising under	17906
Chapter 3111. of the Revised Code over which the juvenile court	17907
has jurisdiction, all divorce, dissolution of marriage, legal	17908
separation, and annulment cases, all proceedings involving child	17909
support, the allocation of parental rights and responsibilities	17910
for the care of children and the designation for the children of a	17911
place of residence and legal custodian, parenting time, and	17912
visitation, and all post-decree proceedings and matters arising	17913
from those cases and proceedings shall be assigned to that judge,	17914
except in cases that for some special reason are assigned to the	17915
other judge of the court of common pleas.	17916

(CC)(1) In Logan county, the judge of the court of common	17917
pleas whose term begins January 2, 2005, and the successors to	17918
that judge, shall have the same qualifications, exercise the same	17919
powers and jurisdiction, and receive the same compensation as the	17920
other judges of the court of common pleas of Logan county and	17921
shall be elected and designated as judge of the court of common	17922
pleas, domestic relations-juvenile-probate division. Except as	17923
otherwise specified in this division, that judge, and the	17924
successors to that judge, shall have all the powers relating to	17925
juvenile courts, and all cases under Chapters 2151. and 2152. of	17926
the Revised Code, all cases arising under Chapter 3111. of the	17927
Revised Code, all divorce, dissolution of marriage, legal	17928
separation, and annulment cases, all proceedings involving child	17929
support, the allocation of parental rights and responsibilities	17930
for the care of children and designation for the children of a	17931
place of residence and legal custodian, parenting time, and	17932
visitation, and all post-decree proceedings and matters arising	17933
from those cases and proceedings shall be assigned to that judge	17934
and the successors to that judge. Notwithstanding any other	17935
provision of any section of the Revised Code, on and after January	17936
2, 2005, the judge of the court of common pleas of Logan county	17937
whose term begins on January 2, 2005, and the successors to that	17938
judge, shall have all the powers relating to the probate division	17939
of the court of common pleas of Logan county in addition to the	17940
powers previously specified in this division and shall exercise	17941
concurrent jurisdiction with the judge of the probate division of	17942
that court over all matters that are within the jurisdiction of	17943
the probate division of that court under Chapter 2101., and other	17944
provisions, of the Revised Code in addition to the jurisdiction of	17945
the domestic relations-juvenile-probate division of that court	17946
otherwise specified in division (CC)(1) of this section.	17947

(2) The judge of the domestic relations-juvenile-probate	17948
division of the court of common pleas of Logan county or the	17949
probate judge of the court of common pleas of Logan county who is	17950
elected as the administrative judge of the probate division of the	17951
court of common pleas of Logan county pursuant to Rule 4 of the	17952
Rules of Superintendence shall be the clerk of the probate	17953
division and juvenile division of the court of common pleas of	17954
Logan county. The clerk of the court of common pleas who is	17955
elected pursuant to section 2303.01 of the Revised Code shall keep	17956
all of the journals, records, books, papers, and files pertaining	17957
to the domestic relations cases.	17958

(3) On and after January 2, 2005, all references in law to	17959
"the probate court," "the probate judge," "the juvenile court," or	17960
"the judge of the juvenile court" shall be construed, with respect	17961
to Logan county, as being references to both "the probate	17962
division" and the "domestic relations-juvenile-probate division"	17963
and as being references to both "the judge of the probate	17964
division" and the "judge of the domestic	17965
relations-juvenile-probate division." On and after January 2,	17966
2005, all references in law to "the clerk of the probate court"	17967
shall be construed, with respect to Logan county, as being	17968
references to the judge who is serving pursuant to division	17969
(CC)(2) of this section as the clerk of the probate division of	17970
the court of common pleas of Logan county.	17971

(DD)(1) In Champaign county, the judge of the court of common	17972
pleas whose term begins February 9, 2003, and the judge of the	17973
court of common pleas whose term begins February 10, 2009, and the	17974
successors to those judges, shall have the same qualifications,	17975
exercise the same powers and jurisdiction, and receive the same	17976
compensation as the other judges of the court of common pleas of	17977
Champaign county and shall be elected and designated as judges of	17978
the court of common pleas, domestic relations-juvenile-probate	17979
division. Except as otherwise specified in this division, those	17980
judges, and the successors to those judges, shall have all the	17981
powers relating to juvenile courts, and all cases under Chapters	17982
2151. and 2152. of the Revised Code, all cases arising under	17983
Chapter 3111. of the Revised Code, all divorce, dissolution of	17984
marriage, legal separation, and annulment cases, all proceedings	17985
involving child support, the allocation of parental rights and	17986
responsibilities for the care of children and the designation for	17987
the children of a place of residence and legal custodian,	17988
parenting time, and visitation, and all post-decree proceedings	17989
and matters arising from those cases and proceedings shall be	17990
assigned to those judges and the successors to those judges.	17991
Notwithstanding any other provision of any section of the Revised	17992
Code, on and after February 9, 2009, the judges designated by this	17993
division as judges of the court of common pleas of Champaign	17994
county, domestic relations-juvenile-probate division, and the	17995
successors to those judges, shall have all the powers relating to	17996
probate courts in addition to the powers previously specified in	17997
this division and shall exercise jurisdiction over all matters	17998
that are within the jurisdiction of probate courts under Chapter	17999
2101., and other provisions, of the Revised Code in addition to	18000
the jurisdiction of the domestic relations-juvenile-probate	18001
division otherwise specified in division (DD)(1) of this section.	18002

(2) On and after February 9, 2009, all references in law to	18003
"the probate court," "the probate judge," "the juvenile court," or	18004
"the judge of the juvenile court" shall be construed with respect	18005
to Champaign county as being references to the "domestic	18006
relations-juvenile-probate division" and as being references to	18007
the "judge of the domestic relations-juvenile-probate division."	18008
On and after February 9, 2009, all references in law to "the clerk	18009
of the probate court" shall be construed with respect to Champaign	18010
county as being references to the judge who is serving pursuant to	18011
Rule 4 of the Rules of Superintendence for the Courts of Ohio as	18012
the administrative judge of the court of common pleas, domestic	18013
relations-juvenile-probate division.	18014

(EE) If a judge of the court of common pleas, division of	18015
domestic relations, or juvenile judge, of any of the counties	18016
mentioned in this section is sick, absent, or unable to perform	18017
that judge's judicial duties or the volume of cases pending in the	18018
judge's division necessitates it, the duties of that judge shall	18019
be performed by another judge of the court of common pleas of that	18020
county, assigned for that purpose by the presiding judge of the	18021
court of common pleas of that county to act in place of or in	18022
conjunction with that judge, as the case may require.	18023

Sec. 2301.18. The court of common pleas shall appoint a	18024
~~steongraphic~~ reporter as the official ~~shorthand~~ reporter of ~~such~~	18025
the court~~, who shall hold the appointment~~ for a term not exceeding	18026
three years ~~from the date thereof~~, unless removed by the court,	18027
after a good cause shown, for neglect of duty, misconduct in	18028
office, or incompetency. ~~Such~~The court may appoint assistant	18029
reporters as the business of the court requires for terms not	18030
exceeding three years under one appointment. The official	18031
~~shorthand~~ reporter and assistant reporters shall take an oath	18032
faithfully and impartially to discharge the duties of ~~such~~	18033
~~position~~their positions.	18034

Sec. 2301.20. ~~Upon the trial of a~~All civil orand criminal	18035
~~action~~actions in the court of common pleas~~, if either party to~~	18036
~~the action or his attorney requests the services of a shorthand~~	18037
~~reporter, the trial judge shall grant the request, or may order a~~	18038
~~full report of the testimony or other proceedings. In either case,~~	18039
~~the shorthand~~shall be recorded. The reporter shall take accurate	18040
~~shorthand~~ notes of or electronically record the oral testimony or	18041
~~other oral proceedings~~. The notes and electronic records shall be	18042
filed in the office of the official ~~shorthand~~ reporter and	18043
carefully preserved for either of the following periods of time:	18044

(A) If the action is not a capital case, the notes and	18045
electronic records shall be preserved for the period of time	18046
specified by the court of common pleas, which period of time shall	18047
not be longer than the period of time that the other records of	18048
the particular action are required to be kept;.	18049

(B) If the action is a capital case, the notes and electronic	18050
records shall be preserved for the longer of ten years or until	18051
the final disposition of the action and exhaustion of all appeals.	18052

Sec. 2301.21. In every case ~~reported~~recorded as provided in	18053
section 2301.20 of the Revised Code, there shall be taxed for each	18054
day's service of the official or assistant ~~shorthand~~ reporters a	18055
fee of twenty-five dollars, to be collected as other costs in the	18056
case. The fees so collected shall be paid quarterly by the clerk	18057
of the court of common pleas in which the cases were tried into	18058
the treasury of the county and shall be credited by the county	18059
treasurer to the general fund.	18060

Sec. 2301.22. Each ~~shorthand~~ reporter shall receive ~~such~~the	18061
compensation asthat the court of common pleas making the	18062
appointment fixes. ~~Such~~That compensation shall be in place of all	18063
per diem compensation in ~~such~~those courts. In case ~~such~~the	18064
appointment is for a term of less than one year, ~~such~~the court	18065
may allow a per diem compensation to be fixed by the court, plus	18066
actual and necessary expenses incurred, for each day ~~such~~	18067
~~shorthand~~the reporter is actually engaged in taking testimony or	18068
performing other duties under the orders of ~~such~~the court, which	18069
allowance shall be in full payment for all services so rendered.	18070

The county auditor shall issue warrants on the county	18071
treasurer for the payment of ~~such~~the compensation under this	18072
section in equal monthly installments~~, when~~if the compensation is	18073
allowed annually, and ~~when~~ in case of services per diem, for the	18074
amount of the bill approved by the court, from the general fund	18075
upon the presentation of a certified copy of the journal entry of	18076
appointment and compensation of ~~such shorthand~~the reporters.	18077

Sec. 2301.23. When ~~shorthand~~ notes have been taken or an	18078
electronic recording has been made in a case as provided in	18079
section 2301.20 of the Revised Code, if the court, or either party	18080
to the suit ~~or his attorney,~~ requests written transcripts of any	18081
portion of ~~such notes in longhand~~the proceeding, the ~~shorthand~~	18082
reporter reporting the case shall make full and accurate	18083
transcripts of the notes ~~for the use of such court or party~~or	18084
electronic recording. The court may direct the official ~~shorthand~~	18085
reporter to furnish to the court and the parties copies of	18086
decisions rendered and charges delivered by the court in pending	18087
cases.	18088

When the compensation for transcripts, copies of decisions,	18089
or charges is taxed as a part of the costs, ~~such~~the transcripts,	18090
copies of decisions, and charges shall remain on file with the	18091
papers of the case.	18092

Sec. 2301.24. The compensation of ~~shorthand~~ reporters for	18093
making written transcripts ~~and copies~~ as provided in section	18094
2301.23 of the Revised Code shall be fixed by ~~the judges of~~ the	18095
court of common pleas of the county ~~wherein~~in which the trial is	18096
~~had~~held. ~~Such~~If more than one transcript of the same testimony	18097
or proceeding is ordered, the reporter shall make copies of the	18098
transcript at cost pursuant to division (B)(1) of section 149.43	18099
of the Revised Code or shall provide an electronic copy of the	18100
transcript free of charge. The compensation shall be paid	18101
~~forthwith~~ by the party for whose benefit a transcript is made. The	18102
compensation for transcripts ~~of testimony~~ requested by the	18103
prosecuting attorney ~~during trial~~or an indigent defendant in	18104
criminal cases or by the trial judge, in either civil or criminal	18105
cases, and for copies of decisions and charges furnished by	18106
direction of the court shall be paid from the county treasury, and	18107
taxed and collected as costs.	18108

Sec. 2301.25. When ordered by the prosecuting attorney or	18109
the defendant in a criminal ~~trial,~~case or when ordered by a judge	18110
of the court of common pleas ~~for his use,~~ in either civil or	18111
criminal cases, the costs of transcripts ~~mentioned in section~~	18112
~~2301.23 of the Revised Code,~~ shall be taxed as costs in the case,	18113
collected as other costs, whether ~~such~~the transcripts have been	18114
prepaid or not, as provided by section 2301.24 of the Revised	18115
Code, ~~and~~ paid by the clerk of the court of common pleas,	18116
quarterly, into the county treasury, and credited to the general	18117
fund. If, upon final judgment, the costs or any part ~~thereof shall~~	18118
beof the costs are adjudged against a defendant in a criminal	18119
case, hethe defendant shall be allowed credit on the cost bill of	18120
the amount paid ~~by him~~ for the transcript hethe defendant ordered	18121
and, if the costs are finally adjudged against the state, the	18122
defendant shall have ~~his~~the defendant's deposit refunded. ~~When~~	18123
~~more than one transcript of the same testimony or proceedings is~~	18124
~~ordered at the same time by the same party, or by the court, the~~	18125
~~compensation for making such additional transcript shall be~~	18126
~~one-half the compensation allowed for the first copy, and shall be~~	18127
~~paid for in the same manner except that where ordered by the same~~	18128
~~party only the cost of the original shall be taxed as costs.~~ All	18129
~~such~~ transcripts shall be taken and received as prima-facie	18130
evidence of their correctness. ~~When~~If the testimony of witnesses	18131
is taken before the grand jury by ~~shorthand~~ reporters, they shall	18132
receive for ~~such~~the transcripts ~~as are ordered by the prosecuting~~	18133
~~attorney~~ the same compensation ~~per folio~~ and be paid ~~therefor~~ in	18134
the same manner as provided in this section and section 2301.24 of	18135
the Revised Code.	18136

Sec. 2301.26. ~~Shorthand reporters~~Reporters appointed under	18137
~~sections~~section 2301.18 ~~and 2301.19~~ of the Revised Code, may be	18138
appointed referees to take and report evidence in causes pending	18139
in any of the courts of this state. In the taking of evidence as	18140
~~such~~ referees, ~~they~~the reporters may administer oaths to	18141
witnesses. They shall be furnished by the board of county	18142
commissioners with a suitable room in the courthouse, and with	18143
~~stationery,~~ supplies and ~~other~~ equipment necessary infor the	18144
proper discharge of their duties and for the preservation of their	18145
~~stenographic~~ notes and electronic records. ~~Such~~The notes and	18146
electronic records shall be the property of the county and	18147
carefully preserved in the office of the ~~shorthand~~ reporters.	18148

Sec. 2301.27. (A)(1)(a) The court of common pleas may	18149
establish a county department of probation. The establishment of	18150
the department shall be entered upon the journal of the court, and	18151
the clerk of the court of common pleas shall certify a copy of the	18152
journal entry establishing the department to each elective officer	18153
and board of the county. The department shall consist of a chief	18154
probation officer and the number of other probation officers and	18155
employees, clerks, and stenographers that is fixed from time to	18156
time by the court. The court shall appoint those individuals, fix	18157
their salaries, and supervise their work.	18158

(b) When appointing a chief probation officer, the court	18159
shall do all of the following:	18160

(i) Publicly advertise the position on the court's web site,	18161
including, but not limited to, the job description, qualifications	18162
for the position, and the application requirements;	18163

(ii) Conduct a competitive hiring process that adheres to	18164
state and federal equal employment opportunity laws;	18165

(iii) Review applicants who meet the posted qualifications	18166
and comply with the application requirements.	18167

(c) The court shall not appoint as a probation officer any	18168
person who does not possess the training, experience, and other	18169
qualifications prescribed by the adult parole authority created by	18170
section 5149.02 of the Revised Code. Probation officers have all	18171
the powers of regular police officers and shall perform any duties	18172
that are designated by the judge or judges of the court. All	18173
positions within the department of probation shall be in the	18174
classified service of the civil service of the county.	18175

(2) If two or more counties desire to jointly establish a	18176
probation department for those counties, the judges of the courts	18177
of common pleas of those counties may establish a probation	18178
department for those counties. If a probation department is	18179
established pursuant to division (A)(2) of this section to serve	18180
more than one county, the judges of the courts of common pleas	18181
that established the department shall designate the county	18182
treasurer of one of the counties served by the department as the	18183
treasurer to whom probation fees paid under section 2951.021 of	18184
the Revised Code are to be appropriated and transferred under	18185
division (A)(2) of section 321.44 of the Revised Code for deposit	18186
into the multicounty probation services fund established under	18187
division (B) of section 321.44 of the Revised Code.	18188

The cost of the administration and operation of a probation	18189
department established for two or more counties shall be prorated	18190
to the respective counties on the basis of population.	18191

(3) Probation officers shall receive, in addition to their	18192
respective salaries, their necessary and reasonable travel and	18193
other expenses incurred in the performance of their duties. Their	18194
salaries and expenses shall be paid monthly from the county	18195
treasury in the manner provided for the payment of the	18196
compensation of other appointees of the court.	18197

(4) ~~Probation~~Adult probation officers shall be trained in	18198
accordance with a set of minimum standards that are established by	18199
the adult parole authority of the department of rehabilitation and	18200
correction.	18201

(B)(1) In lieu of establishing a county department of	18202
probation under division (A) of this section and in lieu of	18203
entering into an agreement with the adult parole authority as	18204
described in division (B) of section 2301.32 of the Revised Code,	18205
the court of common pleas may request the board of county	18206
commissioners to contract with, and upon that request the board	18207
may contract with, any nonprofit, public or private agency,	18208
association, or organization for the provision of probation	18209
services and supervisory services for persons placed under	18210
community control sanctions. The contract shall specify that each	18211
individual providing the probation services and supervisory	18212
services shall possess the training, experience, and other	18213
qualifications prescribed by the adult parole authority. The	18214
individuals who provide the probation services and supervisory	18215
services shall not be included in the classified or unclassified	18216
civil service of the county.	18217

(2) In lieu of establishing a county department of probation	18218
under division (A) of this section and in lieu of entering into an	18219
agreement with the adult parole authority as described in division	18220
(B) of section 2301.32 of the Revised Code, the courts of common	18221
pleas of two or more adjoining counties jointly may request the	18222
boards of county commissioners of those counties to contract with,	18223
and upon that request the boards of county commissioners of two or	18224
more adjoining counties jointly may contract with, any nonprofit,	18225
public or private agency, association, or organization for the	18226
provision of probation services and supervisory services for	18227
persons placed under community control sanctions for those	18228
counties. The contract shall specify that each individual	18229
providing the probation services and supervisory services shall	18230
possess the training, experience, and other qualifications	18231
prescribed by the adult parole authority. The individuals who	18232
provide the probation services and supervisory services shall not	18233
be included in the classified or unclassified civil service of any	18234
of those counties.	18235

(C) The chief probation officer may grant permission to a	18236
probation officer to carry firearms when required in the discharge	18237
of official duties if the probation officer has successfully	18238
completed a basic firearm training program that is approved by the	18239
executive director of the Ohio peace officer training commission.	18240
A probation officer who has been granted permission to carry a	18241
firearm in the discharge of official duties, annually shall	18242
successfully complete a firearms requalification program in	18243
accordance with section 109.801 of the Revised Code.	18244

(D) As used in this section and sections 2301.28 to 2301.32	18245
of the Revised Code, "community control sanction" has the same	18246
meaning as in section 2929.01 of the Revised Code.	18247

Sec. 2301.271. (A) The adult parole authority of the	18248
department of rehabilitation and correction shall develop minimum	18249
standards for the training of adult probation officers as provided	18250
by section 2301.27 of the Revised Code. The adult parole authority	18251
shall consult and collaborate with the supreme court in developing	18252
the standards.	18253

(B) Within six months after ~~the effective date of this~~	18254
~~section~~September 30, 2011, the department of rehabilitation and	18255
correction shall make available a copy of the minimum standards to	18256
the following entities:	18257

(1) Every municipal court, county court, and court of common	18258
pleas;	18259

(2) Every probation department.

18260

Sec. 2301.571. (A) A person who has been convicted of or	18261
pleaded guilty to an offense and who is confined in a	18262
community-based correctional facility or district community-based	18263
correctional facility~~, unless indigent,~~ is financially responsible	18264
for the payment of any medical expense or service requested by and	18265
provided to that person.	18266

(B) ~~Notwithstanding any contrary provision of section 2929.38~~	18267
~~of the Revised Code, the facility governing board of a~~	18268
~~community-based correctional facility or district community-based~~	18269
~~correctional facility shall establish a policy that requires any~~	18270
~~person who is not indigent and who is confined in the correctional~~	18271
~~facility to pay for any medical treatment or service requested by~~	18272
~~and provided to that person. The fee for the medical treatment or~~	18273
~~service shall not exceed the actual cost of the treatment or~~	18274
~~service provided.~~ No person confined in a community-based	18275
correctional facility or district community-based correctional	18276
facility shall be denied any necessary medical care because of	18277
inability to pay for medical treatment or service.	18278

(C) ~~Any fee paid by a person under~~Nothing in this section	18279
shall ~~be deducted from~~cause a community-based correctional	18280
facility or district community-based correctional facility to be	18281
responsible for the payment of any medical or ~~dental costs that~~	18282
~~the person is ordered to reimburse under a financial sanction~~	18283
~~imposed pursuant to section 2929.28 of the Revised Code or to~~	18284
~~repay under a policy adopted under~~other health care expenses	18285
incurred in connection with an offender who is serving a term in	18286
the facility pursuant to section ~~2929.37~~2929.16 of the Revised	18287
Code.	18288

Sec. 2305.01. Except as otherwise provided by this section	18289
or section 2305.03 of the Revised Code, the court of common pleas	18290
has original jurisdiction in all civil cases in which the sum or	18291
matter in dispute exceeds the exclusive original jurisdiction of	18292
county courts and appellate jurisdiction from the decisions of	18293
boards of county commissioners. The court of common pleas shall	18294
not have jurisdiction, in any tort action to which the amounts	18295
apply, to award punitive or exemplary damages that exceed the	18296
amounts set forth in section 2315.21 of the Revised Code. The	18297
court of common pleas shall not have jurisdiction in any tort	18298
action to which the limits apply to enter judgment on an award of	18299
compensatory damages for noneconomic loss in excess of the limits	18300
set forth in section 2315.18 of the Revised Code.	18301

The court of common pleas may on its own motion transfer for	18302
trial any action in the court to any municipal court in the county	18303
having concurrent jurisdiction of the subject matter of, and the	18304
parties to, the action, if the amount sought by the plaintiff does	18305
not exceed one thousand dollars and if the judge or presiding	18306
judge of the municipal court concurs in the proposed transfer.	18307
Upon the issuance of an order of transfer, the clerk of courts	18308
shall remove to the designated municipal court the entire case	18309
file. Any untaxed portion of the common pleas deposit for court	18310
costs shall be remitted to the municipal court by the clerk of	18311
courts to be applied in accordance with section 1901.26 of the	18312
Revised Code, and the costs taxed by the municipal court shall be	18313
added to any costs taxed in the common pleas court.	18314

The court of common pleas has jurisdiction in any action	18315
brought pursuant to division (I) of section ~~3733.11~~4781.40 of the	18316
Revised Code if the residential premises that are the subject of	18317
the action are located within the territorial jurisdiction of the	18318
court.	18319

The courts of common pleas of Adams, Athens, Belmont, Brown,	18320
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,	18321
Meigs, Monroe, Scioto, and Washington counties have jurisdiction	18322
beyond the north or northwest shore of the Ohio river extending to	18323
the opposite shore line, between the extended boundary lines of	18324
any adjacent counties or adjacent state. Each of those courts of	18325
common pleas has concurrent jurisdiction on the Ohio river with	18326
any adjacent court of common pleas that borders on that river and	18327
with any court of Kentucky or of West Virginia that borders on the	18328
Ohio river and that has jurisdiction on the Ohio river under the	18329
law of Kentucky or the law of West Virginia, whichever is	18330
applicable, or under federal law.	18331

Sec. 2305.02. AThe court of common pleas in the county	18332
where the underlying criminal action was initiated has exclusive,	18333
original jurisdiction to hear and determine ana civil action or	18334
proceeding that is commenced by an individual who seeks a	18335
determination by that court that the individual satisfies	18336
divisions (A)(1) to ~~(4)~~(5) of section 2743.48 of the Revised Code	18337
~~and that seeks a determination by the court that the offense of~~	18338
~~which he was found guilty, including all lesser-included offenses,~~	18339
~~either was not committed by him or was not committed by any~~	18340
~~person~~. If ~~the~~that court enters the requested determination, it	18341
shall comply with division (B) of that section.	18342

Sec. 2307.89. The following apply to all tort actions for	18343
silicosis or mixed dust disease claims brought against a premises	18344
owner to recover damages or other relief for exposure to silica or	18345
mixed dust on the premises owner's property:	18346

(A) A premises owner is not liable for any injury to any	18347
individual resulting from silica or mixed dust exposure unless	18348
that individual's alleged exposure occurred while the individual	18349
was at the premises owner's property.	18350

(B) If exposure to silica or mixed dust is alleged to have	18351
occurred before January 1, 1972, it is presumed that a premises	18352
owner knew that this state had adopted safe levels of exposure for	18353
silica or mixed dust and that products containing silica or mixed	18354
dust were used on its property only at levels below those safe	18355
levels of exposure. To rebut this presumption, the plaintiff must	18356
prove by a preponderance of the evidence that the premises owner	18357
knew or should have known that the levels of silica or mixed dust	18358
in the immediate breathing zone of the plaintiff regularly	18359
exceeded the threshold limit values adopted by this state and that	18360
the premises owner allowed that condition to persist.	18361

(C)(1) A premises owner is presumed to be not liable for any	18362
injury to any invitee who was engaged to work with, install, or	18363
remove products containing silica or mixed dust on the premises	18364
owner's property if the invitee's employer held itself out as	18365
qualified to perform the work. To rebut this presumption, the	18366
plaintiff must demonstrate by a preponderance of the evidence that	18367
the premises owner had actual knowledge of the potential dangers	18368
of the products containing silica or mixed dust at the time of the	18369
alleged exposure that was superior to the knowledge of both the	18370
invitee and the invitee's employer.	18371

(2) A premises owner that hired a contractor before January	18372
1, 1972, to perform the type of work at the premises owner's	18373
property that the contractor was qualified to perform cannot be	18374
liable for any injury to any individual resulting from silica or	18375
mixed dust exposure caused by any of the contractor's employees or	18376
agents on the premises owner's property unless the premises owner	18377
directed the activity that resulted in the injury or gave or	18378
denied permission for the critical acts that led to the	18379
individual's injury.	18380

(3) If exposure to silica or mixed dust is alleged to have	18381
occurred after January 1, 1972, a premises owner is not liable for	18382
any injury to any individual resulting from that exposure caused	18383
by a contractor's employee or agent on the premises owner's	18384
property unless the plaintiff establishes the premises owner's	18385
intentional violation of an established safety standard that was	18386
in effect at the time of the exposure and that the alleged	18387
violation was in the plaintiff's breathing zone and was the	18388
proximate cause of the plaintiff's medical condition.	18389

(D) As used in this section:

18390

(1) "Threshold limit values" means the maximum allowable	18391
concentration of silica, or other dust, set forth in regulation	18392
247 of the "regulations for the prevention and control of diseases	18393
resulting from exposure to toxic fumes, vapors, mists, gases, and	18394
dusts in order to preserve and protect the public health," as	18395
adopted by the former public health council of the department of	18396
health on January 1, 1947, and set forth by the industrial	18397
commission of Ohio in bulletin no. 203, "specific requirements and	18398
general safety standards of the industrial commission of Ohio for	18399
work shops and factories, chapter XV, ventilation and exhausts,"	18400
effective January 3, 1955.	18401

(2) "Established safety standard" means that, for the years	18402
after 1971, the concentration of silica or mixed dust in the	18403
breathing zone of the worker does not exceed the maximum allowable	18404
exposure limits for the eight-hour time-weighted average airborne	18405
concentration as promulgated by the occupational safety and health	18406
administration (OSHA) in effect at the time of the alleged	18407
exposure.	18408

(3) "Employee" means an individual who performs labor or	18409
provides construction services pursuant to a construction	18410
contract, as defined in section 4123.79 of the Revised Code, or a	18411
remodeling or repair contract, whether written or oral, if at	18412
least ten of the following criteria apply:	18413

(a) The individual is required to comply with instructions	18414
from the other contracting party regarding the manner or method of	18415
performing services.	18416

(b) The individual is required by the other contracting party	18417
to have particular training.	18418

(c) The individual's services are integrated into the regular	18419
functioning of the other contracting party.	18420

(d) The individual is required to perform the work	18421
personally.	18422

(e) The individual is hired, supervised, or paid by the other	18423
contracting party.	18424

(f) A continuing relationship exists between the individual	18425
and the other contracting party that contemplates continuing or	18426
recurring work even if the work is not full time.	18427

(g) The individual's hours of work are established by the	18428
other contracting party.	18429

(h) The individual is required to devote full time to the	18430
business of the other contracting party.	18431

(i) The individual is required to perform the work on the	18432
premises of the other contracting party.	18433

(j) The individual is required to follow the order of work	18434
set by the other contracting party.	18435

(k) The individual is required to make oral or written	18436
reports of progress to the other contracting party.	18437

(l) The individual is paid for services on a regular basis,	18438
including hourly, weekly, or monthly.	18439

(m) The individual's expenses are paid for by the other	18440
contracting party.	18441

(n) The individual's tools and materials are furnished by the	18442
other contracting party.	18443

(o) The individual is provided with the facilities used to	18444
perform services.	18445

(p) The individual does not realize a profit or suffer a loss	18446
as a result of the services provided.	18447

(q) The individual is not performing services for a number of	18448
employers at the same time.	18449

(r) The individual does not make the same services available	18450
to the general public.	18451

(s) The other contracting party has a right to discharge the	18452
individual.	18453

(t) The individual has the right to end the relationship with	18454
the other contracting party without incurring liability pursuant	18455
to an employment contract or agreement.	18456

Sec. 2317.02. The following persons shall not testify in	18457
certain respects:	18458

(A)(1) An attorney, concerning a communication made to the	18459
attorney by a client in that relation or the attorney's advice to	18460
a client, except that the attorney may testify by express consent	18461
of the client or, if the client is deceased, by the express	18462
consent of the surviving spouse or the executor or administrator	18463
of the estate of the deceased client. However, if the client	18464
voluntarily testifies or is deemed by section 2151.421 of the	18465
Revised Code to have waived any testimonial privilege under this	18466
division, the attorney may be compelled to testify on the same	18467
subject.	18468

The testimonial privilege established under this division	18469
does not apply concerning a communication between a client who has	18470
since died and the deceased client's attorney if the communication	18471
is relevant to a dispute between parties who claim through that	18472
deceased client, regardless of whether the claims are by testate	18473
or intestate succession or by inter vivos transaction, and the	18474
dispute addresses the competency of the deceased client when the	18475
deceased client executed a document that is the basis of the	18476
dispute or whether the deceased client was a victim of fraud,	18477
undue influence, or duress when the deceased client executed a	18478
document that is the basis of the dispute.	18479

(2) An attorney, concerning a communication made to the	18480
attorney by a client in that relationship or the attorney's advice	18481
to a client, except that if the client is an insurance company,	18482
the attorney may be compelled to testify, subject to an in camera	18483
inspection by a court, about communications made by the client to	18484
the attorney or by the attorney to the client that are related to	18485
the attorney's aiding or furthering an ongoing or future	18486
commission of bad faith by the client, if the party seeking	18487
disclosure of the communications has made a prima-facie showing of	18488
bad faith, fraud, or criminal misconduct by the client.	18489

(B)(1) A physician or a dentist concerning a communication	18490
made to the physician or dentist by a patient in that relation or	18491
the physician's or dentist's advice to a patient, except as	18492
otherwise provided in this division, division (B)(2), and division	18493
(B)(3) of this section, and except that, if the patient is deemed	18494
by section 2151.421 of the Revised Code to have waived any	18495
testimonial privilege under this division, the physician may be	18496
compelled to testify on the same subject.	18497

The testimonial privilege established under this division	18498
does not apply, and a physician or dentist may testify or may be	18499
compelled to testify, in any of the following circumstances:	18500

(a) In any civil action, in accordance with the discovery	18501
provisions of the Rules of Civil Procedure in connection with a	18502
civil action, or in connection with a claim under Chapter 4123. of	18503
the Revised Code, under any of the following circumstances:	18504

(i) If the patient or the guardian or other legal	18505
representative of the patient gives express consent;	18506

(ii) If the patient is deceased, the spouse of the patient or	18507
the executor or administrator of the patient's estate gives	18508
express consent;	18509

(iii) If a medical claim, dental claim, chiropractic claim,	18510
or optometric claim, as defined in section 2305.113 of the Revised	18511
Code, an action for wrongful death, any other type of civil	18512
action, or a claim under Chapter 4123. of the Revised Code is	18513
filed by the patient, the personal representative of the estate of	18514
the patient if deceased, or the patient's guardian or other legal	18515
representative.	18516

(b) In any civil action concerning court-ordered treatment or	18517
services received by a patient, if the court-ordered treatment or	18518
services were ordered as part of a case plan journalized under	18519
section 2151.412 of the Revised Code or the court-ordered	18520
treatment or services are necessary or relevant to dependency,	18521
neglect, or abuse or temporary or permanent custody proceedings	18522
under Chapter 2151. of the Revised Code.	18523

(c) In any criminal action concerning any test or the results	18524
of any test that determines the presence or concentration of	18525
alcohol, a drug of abuse, a combination of them, a controlled	18526
substance, or a metabolite of a controlled substance in the	18527
patient's whole blood, blood serum or plasma, breath, urine, or	18528
other bodily substance at any time relevant to the criminal	18529
offense in question.	18530

(d) In any criminal action against a physician or dentist. In	18531
such an action, the testimonial privilege established under this	18532
division does not prohibit the admission into evidence, in	18533
accordance with the Rules of Evidence, of a patient's medical or	18534
dental records or other communications between a patient and the	18535
physician or dentist that are related to the action and obtained	18536
by subpoena, search warrant, or other lawful means. A court that	18537
permits or compels a physician or dentist to testify in such an	18538
action or permits the introduction into evidence of patient	18539
records or other communications in such an action shall require	18540
that appropriate measures be taken to ensure that the	18541
confidentiality of any patient named or otherwise identified in	18542
the records is maintained. Measures to ensure confidentiality that	18543
may be taken by the court include sealing its records or deleting	18544
specific information from its records.	18545

(e)(i) If the communication was between a patient who has	18546
since died and the deceased patient's physician or dentist, the	18547
communication is relevant to a dispute between parties who claim	18548
through that deceased patient, regardless of whether the claims	18549
are by testate or intestate succession or by inter vivos	18550
transaction, and the dispute addresses the competency of the	18551
deceased patient when the deceased patient executed a document	18552
that is the basis of the dispute or whether the deceased patient	18553
was a victim of fraud, undue influence, or duress when the	18554
deceased patient executed a document that is the basis of the	18555
dispute.	18556

(ii) If neither the spouse of a patient nor the executor or	18557
administrator of that patient's estate gives consent under	18558
division (B)(1)(a)(ii) of this section, testimony or the	18559
disclosure of the patient's medical records by a physician,	18560
dentist, or other health care provider under division (B)(1)(e)(i)	18561
of this section is a permitted use or disclosure of protected	18562
health information, as defined in 45 C.F.R. 160.103, and an	18563
authorization or opportunity to be heard shall not be required.	18564

(iii) Division (B)(1)(e)(i) of this section does not require	18565
a mental health professional to disclose psychotherapy notes, as	18566
defined in 45 C.F.R. 164.501.	18567

(iv) An interested person who objects to testimony or	18568
disclosure under division (B)(1)(e)(i) of this section may seek a	18569
protective order pursuant to Civil Rule 26.	18570

(v) A person to whom protected health information is	18571
disclosed under division (B)(1)(e)(i) of this section shall not	18572
use or disclose the protected health information for any purpose	18573
other than the litigation or proceeding for which the information	18574
was requested and shall return the protected health information to	18575
the covered entity or destroy the protected health information,	18576
including all copies made, at the conclusion of the litigation or	18577
proceeding.	18578

(2)(a) If any law enforcement officer submits a written	18579
statement to a health care provider that states that an official	18580
criminal investigation has begun regarding a specified person or	18581
that a criminal action or proceeding has been commenced against a	18582
specified person, that requests the provider to supply to the	18583
officer copies of any records the provider possesses that pertain	18584
to any test or the results of any test administered to the	18585
specified person to determine the presence or concentration of	18586
alcohol, a drug of abuse, a combination of them, a controlled	18587
substance, or a metabolite of a controlled substance in the	18588
person's whole blood, blood serum or plasma, breath, or urine at	18589
any time relevant to the criminal offense in question, and that	18590
conforms to section 2317.022 of the Revised Code, the provider,	18591
except to the extent specifically prohibited by any law of this	18592
state or of the United States, shall supply to the officer a copy	18593
of any of the requested records the provider possesses. If the	18594
health care provider does not possess any of the requested	18595
records, the provider shall give the officer a written statement	18596
that indicates that the provider does not possess any of the	18597
requested records.	18598

(b) If a health care provider possesses any records of the	18599
type described in division (B)(2)(a) of this section regarding the	18600
person in question at any time relevant to the criminal offense in	18601
question, in lieu of personally testifying as to the results of	18602
the test in question, the custodian of the records may submit a	18603
certified copy of the records, and, upon its submission, the	18604
certified copy is qualified as authentic evidence and may be	18605
admitted as evidence in accordance with the Rules of Evidence.	18606
Division (A) of section 2317.422 of the Revised Code does not	18607
apply to any certified copy of records submitted in accordance	18608
with this division. Nothing in this division shall be construed to	18609
limit the right of any party to call as a witness the person who	18610
administered the test to which the records pertain, the person	18611
under whose supervision the test was administered, the custodian	18612
of the records, the person who made the records, or the person	18613
under whose supervision the records were made.	18614

(3)(a) If the testimonial privilege described in division	18615
(B)(1) of this section does not apply as provided in division	18616
(B)(1)(a)(iii) of this section, a physician or dentist may be	18617
compelled to testify or to submit to discovery under the Rules of	18618
Civil Procedure only as to a communication made to the physician	18619
or dentist by the patient in question in that relation, or the	18620
physician's or dentist's advice to the patient in question, that	18621
related causally or historically to physical or mental injuries	18622
that are relevant to issues in the medical claim, dental claim,	18623
chiropractic claim, or optometric claim, action for wrongful	18624
death, other civil action, or claim under Chapter 4123. of the	18625
Revised Code.	18626

(b) If the testimonial privilege described in division (B)(1)	18627
of this section does not apply to a physician or dentist as	18628
provided in division (B)(1)(c) of this section, the physician or	18629
dentist, in lieu of personally testifying as to the results of the	18630
test in question, may submit a certified copy of those results,	18631
and, upon its submission, the certified copy is qualified as	18632
authentic evidence and may be admitted as evidence in accordance	18633
with the Rules of Evidence. Division (A) of section 2317.422 of	18634
the Revised Code does not apply to any certified copy of results	18635
submitted in accordance with this division. Nothing in this	18636
division shall be construed to limit the right of any party to	18637
call as a witness the person who administered the test in	18638
question, the person under whose supervision the test was	18639
administered, the custodian of the results of the test, the person	18640
who compiled the results, or the person under whose supervision	18641
the results were compiled.	18642

(4) The testimonial privilege described in division (B)(1) of	18643
this section is not waived when a communication is made by a	18644
physician to a pharmacist or when there is communication between a	18645
patient and a pharmacist in furtherance of the physician-patient	18646
relation.	18647

(5)(a) As used in divisions (B)(1) to (4) of this section,	18648
"communication" means acquiring, recording, or transmitting any	18649
information, in any manner, concerning any facts, opinions, or	18650
statements necessary to enable a physician or dentist to diagnose,	18651
treat, prescribe, or act for a patient. A "communication" may	18652
include, but is not limited to, any medical or dental, office, or	18653
hospital communication such as a record, chart, letter,	18654
memorandum, laboratory test and results, x-ray, photograph,	18655
financial statement, diagnosis, or prognosis.	18656

(b) As used in division (B)(2) of this section, "health care	18657
provider" means a hospital, ambulatory care facility, long-term	18658
care facility, pharmacy, emergency facility, or health care	18659
practitioner.	18660

18661

(i) "Ambulatory care facility" means a facility that provides	18662
medical, diagnostic, or surgical treatment to patients who do not	18663
require hospitalization, including a dialysis center, ambulatory	18664
surgical facility, cardiac catheterization facility, diagnostic	18665
imaging center, extracorporeal shock wave lithotripsy center, home	18666
health agency, inpatient hospice, birthing center, radiation	18667
therapy center, emergency facility, and an urgent care center.	18668
"Ambulatory health care facility" does not include the private	18669
office of a physician or dentist, whether the office is for an	18670
individual or group practice.	18671

(ii) "Emergency facility" means a hospital emergency	18672
department or any other facility that provides emergency medical	18673
services.	18674

(iii) "Health care practitioner" has the same meaning as in	18675
section 4769.01 of the Revised Code.	18676

(iv) "Hospital" has the same meaning as in section 3727.01 of	18677
the Revised Code.	18678

(v) "Long-term care facility" means a nursing home,	18679
residential care facility, or home for the aging, as those terms	18680
are defined in section 3721.01 of the Revised Code; ~~an adult care~~	18681
a residential facility~~, as defined in~~licensed under section	18682
~~5119.70~~5119.22 of the Revised Code that provides accommodations,	18683
supervision, and personal care services for three to sixteen	18684
unrelated adults; a nursing facility or intermediate care facility	18685
for the mentally retarded, as those terms are defined in section	18686
5111.20 of the Revised Code; a facility or portion of a facility	18687
certified as a skilled nursing facility under Title XVIII of the	18688
"Social Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as	18689
amended.	18690

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	18691
the Revised Code.	18692

(d) As used in divisions (B)(1) and (2) of this section,	18693
"drug of abuse" has the same meaning as in section 4506.01 of the	18694
Revised Code.	18695

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	18696
apply to doctors of medicine, doctors of osteopathic medicine,	18697
doctors of podiatry, and dentists.	18698

(7) Nothing in divisions (B)(1) to (6) of this section	18699
affects, or shall be construed as affecting, the immunity from	18700
civil liability conferred by section 307.628 of the Revised Code	18701
or the immunity from civil liability conferred by section 2305.33	18702
of the Revised Code upon physicians who report an employee's use	18703
of a drug of abuse, or a condition of an employee other than one	18704
involving the use of a drug of abuse, to the employer of the	18705
employee in accordance with division (B) of that section. As used	18706
in division (B)(7) of this section, "employee," "employer," and	18707
"physician" have the same meanings as in section 2305.33 of the	18708
Revised Code.	18709

(C)(1) A cleric, when the cleric remains accountable to the	18710
authority of that cleric's church, denomination, or sect,	18711
concerning a confession made, or any information confidentially	18712
communicated, to the cleric for a religious counseling purpose in	18713
the cleric's professional character. The cleric may testify by	18714
express consent of the person making the communication, except	18715
when the disclosure of the information is in violation of a sacred	18716
trust and except that, if the person voluntarily testifies or is	18717
deemed by division (A)(4)(c) of section 2151.421 of the Revised	18718
Code to have waived any testimonial privilege under this division,	18719
the cleric may be compelled to testify on the same subject except	18720
when disclosure of the information is in violation of a sacred	18721
trust.	18722

(2) As used in division (C) of this section:

18723

(a) "Cleric" means a member of the clergy, rabbi, priest,	18724
Christian Science practitioner, or regularly ordained, accredited,	18725
or licensed minister of an established and legally cognizable	18726
church, denomination, or sect.	18727

(b) "Sacred trust" means a confession or confidential	18728
communication made to a cleric in the cleric's ecclesiastical	18729
capacity in the course of discipline enjoined by the church to	18730
which the cleric belongs, including, but not limited to, the	18731
Catholic Church, if both of the following apply:	18732

(i) The confession or confidential communication was made	18733
directly to the cleric.	18734

(ii) The confession or confidential communication was made in	18735
the manner and context that places the cleric specifically and	18736
strictly under a level of confidentiality that is considered	18737
inviolate by canon law or church doctrine.	18738

(D) Husband or wife, concerning any communication made by one	18739
to the other, or an act done by either in the presence of the	18740
other, during coverture, unless the communication was made, or act	18741
done, in the known presence or hearing of a third person competent	18742
to be a witness; and such rule is the same if the marital relation	18743
has ceased to exist;	18744

(E) A person who assigns a claim or interest, concerning any	18745
matter in respect to which the person would not, if a party, be	18746
permitted to testify;	18747

(F) A person who, if a party, would be restricted under	18748
section 2317.03 of the Revised Code, when the property or thing is	18749
sold or transferred by an executor, administrator, guardian,	18750
trustee, heir, devisee, or legatee, shall be restricted in the	18751
same manner in any action or proceeding concerning the property or	18752
thing.	18753

(G)(1) A school guidance counselor who holds a valid educator	18754
license from the state board of education as provided for in	18755
section 3319.22 of the Revised Code, a person licensed under	18756
Chapter 4757. of the Revised Code as a professional clinical	18757
counselor, professional counselor, social worker, independent	18758
social worker, marriage and family therapist or independent	18759
marriage and family therapist, or registered under Chapter 4757.	18760
of the Revised Code as a social work assistant concerning a	18761
confidential communication received from a client in that relation	18762
or the person's advice to a client unless any of the following	18763
applies:	18764

(a) The communication or advice indicates clear and present	18765
danger to the client or other persons. For the purposes of this	18766
division, cases in which there are indications of present or past	18767
child abuse or neglect of the client constitute a clear and	18768
present danger.	18769

(b) The client gives express consent to the testimony.

18770

(c) If the client is deceased, the surviving spouse or the	18771
executor or administrator of the estate of the deceased client	18772
gives express consent.	18773

(d) The client voluntarily testifies, in which case the	18774
school guidance counselor or person licensed or registered under	18775
Chapter 4757. of the Revised Code may be compelled to testify on	18776
the same subject.	18777

(e) The court in camera determines that the information	18778
communicated by the client is not germane to the counselor-client,	18779
marriage and family therapist-client, or social worker-client	18780
relationship.	18781

(f) A court, in an action brought against a school, its	18782
administration, or any of its personnel by the client, rules after	18783
an in-camera inspection that the testimony of the school guidance	18784
counselor is relevant to that action.	18785

(g) The testimony is sought in a civil action and concerns	18786
court-ordered treatment or services received by a patient as part	18787
of a case plan journalized under section 2151.412 of the Revised	18788
Code or the court-ordered treatment or services are necessary or	18789
relevant to dependency, neglect, or abuse or temporary or	18790
permanent custody proceedings under Chapter 2151. of the Revised	18791
Code.	18792

(2) Nothing in division (G)(1) of this section shall relieve	18793
a school guidance counselor or a person licensed or registered	18794
under Chapter 4757. of the Revised Code from the requirement to	18795
report information concerning child abuse or neglect under section	18796
2151.421 of the Revised Code.	18797

(H) A mediator acting under a mediation order issued under	18798
division (A) of section 3109.052 of the Revised Code or otherwise	18799
issued in any proceeding for divorce, dissolution, legal	18800
separation, annulment, or the allocation of parental rights and	18801
responsibilities for the care of children, in any action or	18802
proceeding, other than a criminal, delinquency, child abuse, child	18803
neglect, or dependent child action or proceeding, that is brought	18804
by or against either parent who takes part in mediation in	18805
accordance with the order and that pertains to the mediation	18806
process, to any information discussed or presented in the	18807
mediation process, to the allocation of parental rights and	18808
responsibilities for the care of the parents' children, or to the	18809
awarding of parenting time rights in relation to their children;	18810

(I) A communications assistant, acting within the scope of	18811
the communication assistant's authority, when providing	18812
telecommunications relay service pursuant to section 4931.06 of	18813
the Revised Code or Title II of the "Communications Act of 1934,"	18814
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	18815
made through a telecommunications relay service. Nothing in this	18816
section shall limit the obligation of a communications assistant	18817
to divulge information or testify when mandated by federal law or	18818
regulation or pursuant to subpoena in a criminal proceeding.	18819

Nothing in this section shall limit any immunity or privilege	18820
granted under federal law or regulation.	18821

(J)(1) A chiropractor in a civil proceeding concerning a	18822
communication made to the chiropractor by a patient in that	18823
relation or the chiropractor's advice to a patient, except as	18824
otherwise provided in this division. The testimonial privilege	18825
established under this division does not apply, and a chiropractor	18826
may testify or may be compelled to testify, in any civil action,	18827
in accordance with the discovery provisions of the Rules of Civil	18828
Procedure in connection with a civil action, or in connection with	18829
a claim under Chapter 4123. of the Revised Code, under any of the	18830
following circumstances:	18831

(a) If the patient or the guardian or other legal	18832
representative of the patient gives express consent.	18833

(b) If the patient is deceased, the spouse of the patient or	18834
the executor or administrator of the patient's estate gives	18835
express consent.	18836

(c) If a medical claim, dental claim, chiropractic claim, or	18837
optometric claim, as defined in section 2305.113 of the Revised	18838
Code, an action for wrongful death, any other type of civil	18839
action, or a claim under Chapter 4123. of the Revised Code is	18840
filed by the patient, the personal representative of the estate of	18841
the patient if deceased, or the patient's guardian or other legal	18842
representative.	18843

(2) If the testimonial privilege described in division (J)(1)	18844
of this section does not apply as provided in division (J)(1)(c)	18845
of this section, a chiropractor may be compelled to testify or to	18846
submit to discovery under the Rules of Civil Procedure only as to	18847
a communication made to the chiropractor by the patient in	18848
question in that relation, or the chiropractor's advice to the	18849
patient in question, that related causally or historically to	18850
physical or mental injuries that are relevant to issues in the	18851
medical claim, dental claim, chiropractic claim, or optometric	18852
claim, action for wrongful death, other civil action, or claim	18853
under Chapter 4123. of the Revised Code.	18854

(3) The testimonial privilege established under this division	18855
does not apply, and a chiropractor may testify or be compelled to	18856
testify, in any criminal action or administrative proceeding.	18857

(4) As used in this division, "communication" means	18858
acquiring, recording, or transmitting any information, in any	18859
manner, concerning any facts, opinions, or statements necessary to	18860
enable a chiropractor to diagnose, treat, or act for a patient. A	18861
communication may include, but is not limited to, any	18862
chiropractic, office, or hospital communication such as a record,	18863
chart, letter, memorandum, laboratory test and results, x-ray,	18864
photograph, financial statement, diagnosis, or prognosis.	18865

(K)(1) Except as provided under division (K)(2) of this	18866
section, a critical incident stress management team member	18867
concerning a communication received from an individual who	18868
receives crisis response services from the team member, or the	18869
team member's advice to the individual, during a debriefing	18870
session.	18871

(2) The testimonial privilege established under division	18872
(K)(1) of this section does not apply if any of the following are	18873
true:	18874

(a) The communication or advice indicates clear and present	18875
danger to the individual who receives crisis response services or	18876
to other persons. For purposes of this division, cases in which	18877
there are indications of present or past child abuse or neglect of	18878
the individual constitute a clear and present danger.	18879

(b) The individual who received crisis response services	18880
gives express consent to the testimony.	18881

(c) If the individual who received crisis response services	18882
is deceased, the surviving spouse or the executor or administrator	18883
of the estate of the deceased individual gives express consent.	18884

(d) The individual who received crisis response services	18885
voluntarily testifies, in which case the team member may be	18886
compelled to testify on the same subject.	18887

(e) The court in camera determines that the information	18888
communicated by the individual who received crisis response	18889
services is not germane to the relationship between the individual	18890
and the team member.	18891

(f) The communication or advice pertains or is related to any	18892
criminal act.	18893

(3) As used in division (K) of this section:

18894

(a) "Crisis response services" means consultation, risk	18895
assessment, referral, and on-site crisis intervention services	18896
provided by a critical incident stress management team to	18897
individuals affected by crisis or disaster.	18898

(b) "Critical incident stress management team member" or	18899
"team member" means an individual specially trained to provide	18900
crisis response services as a member of an organized community or	18901
local crisis response team that holds membership in the Ohio	18902
critical incident stress management network.	18903

(c) "Debriefing session" means a session at which crisis	18904
response services are rendered by a critical incident stress	18905
management team member during or after a crisis or disaster.	18906

(L)(1) Subject to division (L)(2) of this section and except	18907
as provided in division (L)(3) of this section, an employee	18908
assistance professional, concerning a communication made to the	18909
employee assistance professional by a client in the employee	18910
assistance professional's official capacity as an employee	18911
assistance professional.	18912

(2) Division (L)(1) of this section applies to an employee	18913
assistance professional who meets either or both of the following	18914
requirements:	18915

(a) Is certified by the employee assistance certification	18916
commission to engage in the employee assistance profession;	18917

(b) Has education, training, and experience in all of the	18918
following:	18919

(i) Providing workplace-based services designed to address	18920
employer and employee productivity issues;	18921

(ii) Providing assistance to employees and employees'	18922
dependents in identifying and finding the means to resolve	18923
personal problems that affect the employees or the employees'	18924
performance;	18925

(iii) Identifying and resolving productivity problems	18926
associated with an employee's concerns about any of the following	18927
matters: health, marriage, family, finances, substance abuse or	18928
other addiction, workplace, law, and emotional issues;	18929

(iv) Selecting and evaluating available community resources;

18930

(v) Making appropriate referrals;

18931

(vi) Local and national employee assistance agreements;

18932

(vii) Client confidentiality.

18933

(3) Division (L)(1) of this section does not apply to any of	18934
the following:	18935

(a) A criminal action or proceeding involving an offense	18936
under sections 2903.01 to 2903.06 of the Revised Code if the	18937
employee assistance professional's disclosure or testimony relates	18938
directly to the facts or immediate circumstances of the offense;	18939

(b) A communication made by a client to an employee	18940
assistance professional that reveals the contemplation or	18941
commission of a crime or serious, harmful act;	18942

(c) A communication that is made by a client who is an	18943
unemancipated minor or an adult adjudicated to be incompetent and	18944
indicates that the client was the victim of a crime or abuse;	18945

(d) A civil proceeding to determine an individual's mental	18946
competency or a criminal action in which a plea of not guilty by	18947
reason of insanity is entered;	18948

(e) A civil or criminal malpractice action brought against	18949
the employee assistance professional;	18950

(f) When the employee assistance professional has the express	18951
consent of the client or, if the client is deceased or disabled,	18952
the client's legal representative;	18953

(g) When the testimonial privilege otherwise provided by	18954
division (L)(1) of this section is abrogated under law.	18955

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	18956
2317.41 of the Revised Code but subject to division (B) of this	18957
section, the records, or copies or photographs of the records, of	18958
a hospital, homes required to be licensed pursuant to section	18959
3721.01 of the Revised Code, and ~~adult care~~residential facilities	18960
~~required to be~~ licensed pursuant to ~~Chapter 5119.~~section 5119.22	18961
of the Revised Code that provides accommodations, supervision, and	18962
personal care services for three to sixteen unrelated adults, in	18963
lieu of the testimony in open court of their custodian, person who	18964
made them, or person under whose supervision they were made, may	18965
be qualified as authentic evidence if any such person endorses	18966
thereon the person's verified certification identifying such	18967
records, giving the mode and time of their preparation, and	18968
stating that they were prepared in the usual course of the	18969
business of the institution. Such records, copies, or photographs	18970
may not be qualified by certification as provided in this section	18971
unless the party intending to offer them delivers a copy of them,	18972
or of their relevant portions, to the attorney of record for each	18973
adverse party not less than five days before trial. Nothing in	18974
this section shall be construed to limit the right of any party to	18975
call the custodian, person who made such records, or person under	18976
whose supervision they were made, as a witness.	18977

(B) Division (A) of this section does not apply to any	18978
certified copy of the results of any test given to determine the	18979
presence or concentration of alcohol, a drug of abuse, a	18980
combination of them, a controlled substance, or a metabolite of a	18981
controlled substance in a patient's whole blood, blood serum or	18982
plasma, breath, or urine at any time relevant to a criminal	18983
offense that is submitted in a criminal action or proceeding in	18984
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	18985
of the Revised Code.	18986

Sec. 2317.56. (A) As used in this section:

18987

(1) "Medical emergency" means a condition of a pregnant woman	18988
that, in the reasonable judgment of the physician who is attending	18989
the woman, creates an immediate threat of serious risk to the life	18990
or physical health of the woman from the continuation of the	18991
pregnancy necessitating the immediate performance or inducement of	18992
an abortion.	18993

(2) "Medical necessity" means a medical condition of a	18994
pregnant woman that, in the reasonable judgment of the physician	18995
who is attending the woman, so complicates the pregnancy that it	18996
necessitates the immediate performance or inducement of an	18997
abortion.	18998

(3) "Probable gestational age of the embryo or fetus" means	18999
the gestational age that, in the judgment of a physician, is, with	19000
reasonable probability, the gestational age of the embryo or fetus	19001
at the time that the physician informs a pregnant woman pursuant	19002
to division (B)(1)(b) of this section.	19003

(B) Except when there is a medical emergency or medical	19004
necessity, an abortion shall be performed or induced only if all	19005
of the following conditions are satisfied:	19006

(1) At least twenty-four hours prior to the performance or	19007
inducement of the abortion, a physician meets with the pregnant	19008
woman in person in an individual, private setting and gives her an	19009
adequate opportunity to ask questions about the abortion that will	19010
be performed or induced. At this meeting, the physician shall	19011
inform the pregnant woman, verbally or, if she is hearing	19012
impaired, by other means of communication, of all of the	19013
following:	19014

(a) The nature and purpose of the particular abortion	19015
procedure to be used and the medical risks associated with that	19016
procedure;	19017

(b) The probable gestational age of the embryo or fetus;

19018

(c) The medical risks associated with the pregnant woman	19019
carrying the pregnancy to term.	19020

The meeting need not occur at the facility where the abortion	19021
is to be performed or induced, and the physician involved in the	19022
meeting need not be affiliated with that facility or with the	19023
physician who is scheduled to perform or induce the abortion.	19024

(2) At least twenty-four hours prior to the performance or	19025
inducement of the abortion, one or more physicians or one or more	19026
agents of one or more physicians do each of the following in	19027
person, by telephone, by certified mail, return receipt requested,	19028
or by regular mail evidenced by a certificate of mailing:	19029

(a) Inform the pregnant woman of the name of the physician	19030
who is scheduled to perform or induce the abortion;	19031

(b) Give the pregnant woman copies of the published materials	19032
described in division (C) of this section;	19033

(c) Inform the pregnant woman that the materials given	19034
pursuant to division (B)(2)(b) of this section are ~~provided~~	19035
published by the state and that they describe the embryo or fetus	19036
and list agencies that offer alternatives to abortion. The	19037
pregnant woman may choose to examine or not to examine the	19038
materials. A physician or an agent of a physician may choose to be	19039
disassociated from the materials and may choose to comment or not	19040
comment on the materials.	19041

(3) Prior to the performance or inducement of the abortion,	19042
the pregnant woman signs a form consenting to the abortion and	19043
certifies both of the following on that form:	19044

(a) She has received the information and materials described	19045
in divisions (B)(1) and (2) of this section, and her questions	19046
about the abortion that will be performed or induced have been	19047
answered in a satisfactory manner.	19048

(b) She consents to the particular abortion voluntarily,	19049
knowingly, intelligently, and without coercion by any person, and	19050
she is not under the influence of any drug of abuse or alcohol.	19051

(4) Prior to the performance or inducement of the abortion,	19052
the physician who is scheduled to perform or induce the abortion	19053
or the physician's agent receives a copy of the pregnant woman's	19054
signed form on which she consents to the abortion and that	19055
includes the certification required by division (B)(3) of this	19056
section.	19057

(C) The department of health shall ~~cause to be published~~	19058
publish in English and in Spanish, in a typeface large enough to	19059
be clearly legible, and in an easily comprehensible format, the	19060
following materials on the department's web site:	19061

(1) Materials that inform the pregnant woman about family	19062
planning information, of publicly funded agencies that are	19063
available to assist in family planning, and of public and private	19064
agencies and services that are available to assist her through the	19065
pregnancy, upon childbirth, and while the child is dependent,	19066
including, but not limited to, adoption agencies. The materials	19067
shall be geographically indexed; include a comprehensive list of	19068
the available agencies, a description of the services offered by	19069
the agencies, and the telephone numbers and addresses of the	19070
agencies; and inform the pregnant woman about available medical	19071
assistance benefits for prenatal care, childbirth, and neonatal	19072
care and about the support obligations of the father of a child	19073
who is born alive. The department shall ensure that the materials	19074
described in division (C)(1) of this section are comprehensive and	19075
do not directly or indirectly promote, exclude, or discourage the	19076
use of any agency or service described in this division.	19077

(2) Materials that inform the pregnant woman of the probable	19078
anatomical and physiological characteristics of the zygote,	19079
blastocyte, embryo, or fetus at two-week gestational increments	19080
for the first sixteen weeks of pregnancy and at four-week	19081
gestational increments from the seventeenth week of pregnancy to	19082
full term, including any relevant information regarding the time	19083
at which the fetus possibly would be viable. The department shall	19084
cause these materials to be published only after it consults with	19085
the Ohio state medical association and the Ohio section of the	19086
American college of obstetricians and gynecologists relative to	19087
the probable anatomical and physiological characteristics of a	19088
zygote, blastocyte, embryo, or fetus at the various gestational	19089
increments. The materials shall use language that is	19090
understandable by the average person who is not medically trained,	19091
shall be objective and nonjudgmental, and shall include only	19092
accurate scientific information about the zygote, blastocyte,	19093
embryo, or fetus at the various gestational increments. If the	19094
materials use a pictorial, photographic, or other depiction to	19095
provide information regarding the zygote, blastocyte, embryo, or	19096
fetus, the materials shall include, in a conspicuous manner, a	19097
scale or other explanation that is understandable by the average	19098
person and that can be used to determine the actual size of the	19099
zygote, blastocyte, embryo, or fetus at a particular gestational	19100
increment as contrasted with the depicted size of the zygote,	19101
blastocyte, embryo, or fetus at that gestational increment.	19102

(D) Upon the submission of a request to the department of	19103
health by any person, hospital, physician, or medical facility for	19104
one ~~or more copies~~copy of the materials published in accordance	19105
with division (C) of this section, the department shall make the	19106
requested ~~number of copies~~copy of the materials available to the	19107
person, hospital, physician, or medical facility that requested	19108
the ~~copies~~copy.	19109

(E) If a medical emergency or medical necessity compels the	19110
performance or inducement of an abortion, the physician who will	19111
perform or induce the abortion, prior to its performance or	19112
inducement if possible, shall inform the pregnant woman of the	19113
medical indications supporting the physician's judgment that an	19114
immediate abortion is necessary. Any physician who performs or	19115
induces an abortion without the prior satisfaction of the	19116
conditions specified in division (B) of this section because of a	19117
medical emergency or medical necessity shall enter the reasons for	19118
the conclusion that a medical emergency or medical necessity	19119
exists in the medical record of the pregnant woman.	19120

(F) If the conditions specified in division (B) of this	19121
section are satisfied, consent to an abortion shall be presumed to	19122
be valid and effective.	19123

(G) The performance or inducement of an abortion without the	19124
prior satisfaction of the conditions specified in division (B) of	19125
this section does not constitute, and shall not be construed as	19126
constituting, a violation of division (A) of section 2919.12 of	19127
the Revised Code. The failure of a physician to satisfy the	19128
conditions of division (B) of this section prior to performing or	19129
inducing an abortion upon a pregnant woman may be the basis of	19130
both of the following:	19131

(1) A civil action for compensatory and exemplary damages as	19132
described in division (H) of this section;	19133

(2) Disciplinary action under section 4731.22 of the Revised	19134
Code.	19135

(H)(1) Subject to divisions (H)(2) and (3) of this section,	19136
any physician who performs or induces an abortion with actual	19137
knowledge that the conditions specified in division (B) of this	19138
section have not been satisfied or with a heedless indifference as	19139
to whether those conditions have been satisfied is liable in	19140
compensatory and exemplary damages in a civil action to any	19141
person, or the representative of the estate of any person, who	19142
sustains injury, death, or loss to person or property as a result	19143
of the failure to satisfy those conditions. In the civil action,	19144
the court additionally may enter any injunctive or other equitable	19145
relief that it considers appropriate.	19146

(2) The following shall be affirmative defenses in a civil	19147
action authorized by division (H)(1) of this section:	19148

(a) The physician performed or induced the abortion under the	19149
circumstances described in division (E) of this section.	19150

(b) The physician made a good faith effort to satisfy the	19151
conditions specified in division (B) of this section.	19152

~~(c) The physician or an agent of the physician requested~~	19153
~~copies of the materials published in accordance with division (C)~~	19154
~~of this section from the department of health, but the physician~~	19155
~~was not able to give a pregnant woman copies of the materials~~	19156
~~pursuant to division (B)(2) of this section and to obtain a~~	19157
~~certification as described in divisions (B)(3) and (4) of this~~	19158
~~section because the department failed to make the requested number~~	19159
~~of copies available to the physician or agent in accordance with~~	19160
~~division (D) of this section.~~	19161

(3) An employer or other principal is not liable in damages	19162
in a civil action authorized by division (H)(1) of this section on	19163
the basis of the doctrine of respondeat superior unless either of	19164
the following applies:	19165

(a) The employer or other principal had actual knowledge or,	19166
by the exercise of reasonable diligence, should have known that an	19167
employee or agent performed or induced an abortion with actual	19168
knowledge that the conditions specified in division (B) of this	19169
section had not been satisfied or with a heedless indifference as	19170
to whether those conditions had been satisfied.	19171

(b) The employer or other principal negligently failed to	19172
secure the compliance of an employee or agent with division (B) of	19173
this section.	19174

(4) Notwithstanding division (E) of section 2919.12 of the	19175
Revised Code, the civil action authorized by division (H)(1) of	19176
this section shall be the exclusive civil remedy for persons, or	19177
the representatives of estates of persons, who allegedly sustain	19178
injury, death, or loss to person or property as a result of a	19179
failure to satisfy the conditions specified in division (B) of	19180
this section.	19181

(I) The department of job and family services shall prepare	19182
and conduct a public information program to inform women of all	19183
available governmental programs and agencies that provide services	19184
or assistance for family planning, prenatal care, child care, or	19185
alternatives to abortion.	19186

Sec. 2319.27. Except as section 147.08 of the Revised Code	19187
governs the fees chargeable by a notary public for services	19188
rendered in connection with depositions, the fees and expenses	19189
chargeable for the taking and certifying of a deposition by a	19190
person who is authorized to do so in this state, including, but	19191
not limited to, a ~~shorthand~~ reporter, stenographer, or person	19192
described in Civil Rule 28, may be established by that person	19193
subject to the qualification specified in this section, and may be	19194
different than the fees and expenses charged for the taking and	19195
certifying of depositions by similar persons in other areas of	19196
this state. Unless, prior to the taking and certifying of a	19197
deposition, the parties who request it agree that the fees or	19198
expenses to be charged may exceed the usual and customary fees or	19199
expenses charged in the particular community for similar services,	19200
such a person shall not charge fees or expenses in connection with	19201
the taking and certifying of the deposition that exceed those	19202
usual and customary fees and expenses.	19203

The person taking and certifying a deposition may retain the	19204
deposition until the fees and expenses that hethe person charged	19205
are paid. HeThe person also shall tax the costs, if any, of a	19206
sheriff or other officer who serves any process in connection with	19207
the taking of a deposition and the fees of the witnesses, and, if	19208
directed by a person entitled to those costs or fees, may retain	19209
the deposition until those costs or fees are paid.	19210

Sec. 2501.02. Each judge of a court of appeals shall have	19211
been admitted to practice as an attorney at law in this state and	19212
have, for a total of six years preceding the judge's appointment	19213
or commencement of the judge's term, engaged in the practice of	19214
law in this state or served as a judge of a court of record in any	19215
jurisdiction in the United States, or both. ~~At least two of the~~	19216
~~years of practice or service that qualify a judge shall have been~~	19217
~~in this state.~~ One judge shall be chosen in each court of appeals	19218
district every two years, and shall hold office for six years,	19219
beginning on the ninth day of February next after the judge's	19220
election.	19221

In addition to the original jurisdiction conferred by Section	19222
3 of Article IV, Ohio Constitution, the court shall have	19223
jurisdiction upon an appeal upon questions of law to review,	19224
affirm, modify, set aside, or reverse judgments or final orders of	19225
courts of record inferior to the court of appeals within the	19226
district, including the finding, order, or judgment of a juvenile	19227
court that a child is delinquent, neglected, abused, or dependent,	19228
for prejudicial error committed by such lower court.	19229

The court, on good cause shown, may issue writs of	19230
supersedeas in any case, and all other writs, not specially	19231
provided for or prohibited by statute, necessary to enforce the	19232
administration of justice.	19233

Sec. 2501.16. (A) Each court of appeals may appoint one or	19234
more official ~~shorthand~~ reporters, law clerks, secretaries, and	19235
any other employees that the court considers necessary for its	19236
efficient operation.	19237

The clerk of the court of common pleas, acting as the clerk	19238
of the court of appeals for the county, shall perform the duties	19239
otherwise performed and collect the fees otherwise collected by	19240
the clerk of the court of common pleas, as set forth in section	19241
2303.03 of the Revised Code, and shall maintain the files and	19242
records of the court. The clerk of the court of common pleas,	19243
acting as the clerk of the court of appeals for the county, may	19244
refuse to accept for filing any pleading or paper submitted for	19245
filing by a person who has been found to be a vexatious litigator	19246
under section 2323.52 of the Revised Code and who has failed to	19247
obtain leave from the court of appeals to proceed under that	19248
section. The overhead expenses pertaining to the office of the	19249
clerk of the court of common pleas that result from the clerk's	19250
acting as clerk of the court of appeals for the county, other than	19251
wages and salaries, shall be paid from the funds provided under	19252
sections 2501.18 and 2501.181 of the Revised Code.	19253

Each officer and employee appointed pursuant to this section	19254
shall take an oath of office, serve at the pleasure of the court,	19255
and perform any duties that the court directs. Each ~~shorthand~~	19256
reporter shall have the powers that are vested in official	19257
~~shorthand~~ reporters of the court of common pleas under sections	19258
2301.18 to 2301.26 of the Revised Code. Whenever an opinion, per	19259
curiam, or report of a case has been prepared in accordance with	19260
section 2503.20 of the Revised Code, the official ~~shorthand~~	19261
reporter immediately shall forward one copy of the opinion, per	19262
curiam, or report to the reporter of the supreme court, without	19263
expense to the reporter.	19264

(B) The court of appeals may determine that, for the	19265
efficient operation of the court, additional funds are necessary	19266
to acquire and pay for special projects of the court, including,	19267
but not limited to, the acquisition of additional facilities or	19268
the rehabilitation of existing facilities, the acquisition of	19269
equipment, the hiring and training of staff, the employment of	19270
magistrates, the training and education of judges, acting judges,	19271
and magistrates, community service programs, and other related	19272
services. Upon that determination, the court by rule may charge a	19273
fee, in addition to all other court costs, on the filing of each	19274
case or cause over which the court has jurisdiction.	19275

If the court of appeals offers a special program or service	19276
in cases of a specific type, the court by rule may assess an	19277
additional charge in a case of that type, over and above court	19278
costs, to cover the special program or service. The court shall	19279
adjust the special assessment periodically, but not retroactively,	19280
so that the amount assessed in those cases does not exceed the	19281
actual cost of providing the service or program.	19282

All moneys collected under division (B) of this section shall	19283
be paid to the county treasurer of the county selected as the	19284
principal seat of that court of appeals for deposit into either a	19285
general special projects fund or a fund established for a specific	19286
special project. Moneys from a fund of that nature shall be	19287
disbursed upon an order of the court in an amount no greater than	19288
the actual cost to the court of a project. If a specific fund is	19289
terminated because of the discontinuance of a program or service	19290
established under division (B) of this section, the court may	19291
order that moneys remaining in the fund be transferred to an	19292
account established under this division for a similar purpose.	19293

Sec. 2501.17. Each officer and employee of a court of	19294
appeals appointed under section 2501.16 of the Revised Code shall	19295
receive the compensation that is fixed by the court of appeals and	19296
payable from the state treasury upon the certificate of the	19297
presiding or administrative judge of the district in which the	19298
officer or employee serves. The additional amount of compensation	19299
that the clerk of the court of common pleas receives for acting as	19300
the clerk of the court of appeals in ~~his~~the clerk's county and	19301
assuming the duties of that office and that is equal to one-eighth	19302
of the annual compensation that hethe clerk receives pursuant to	19303
sections 325.08 and 325.18 of the Revised Code for being the clerk	19304
of the court of common pleas is payable from the state treasury	19305
upon the certificate of the presiding or administrative judge of	19306
the district in which the clerk serves.	19307

~~Shorthand reporters~~Reporters may receive additional	19308
compensation for transcripts of evidence, the fee for the	19309
transcripts to be fixed by the judges of the court of appeals and	19310
paid and collected in the same manner as the fees for transcripts	19311
furnished by official ~~shorthand~~ reporters of the court of common	19312
pleas under section 2301.24 of the Revised Code. ~~Shorthand~~	19313
~~reporters~~Reporters appointed for a term of less than one year	19314
shall receive a per diem compensation of not less than thirty	19315
dollars per day. All ~~shorthand~~ reporters shall receive their	19316
actual expenses for traveling when attending court in any county	19317
other than that in which they reside, to be paid as provided by	19318
section ~~2301.24~~2301.22 of the Revised Code.	19319

Sec. 2503.01. The supreme court shall consist of a chief	19320
justice and six justices, each of whom has been admitted to	19321
practice as an attorney at law in this state and has, for a total	19322
of at least six years preceding appointment or commencement of the	19323
justice's term, engaged in the practice of law in this state or	19324
served as a judge of a court of record in any jurisdiction of the	19325
United States, or both. ~~At least two of the years of practice or~~	19326
~~service that qualify a justice shall have been in this state.~~	19327

Sec. 2743.02. (A)(1) The state hereby waives its immunity	19328
from liability, except as provided for the office of the state	19329
fire marshal in division (G)(1) of section 9.60 and division (B)	19330
of section 3737.221 of the Revised Code and subject to division	19331
(H) of this section, and consents to be sued, and have its	19332
liability determined, in the court of claims created in this	19333
chapter in accordance with the same rules of law applicable to	19334
suits between private parties, except that the determination of	19335
liability is subject to the limitations set forth in this chapter	19336
and, in the case of state universities or colleges, in section	19337
3345.40 of the Revised Code, and except as provided in division	19338
(A)(2) or (3) of this section. To the extent that the state has	19339
previously consented to be sued, this chapter has no	19340
applicability.	19341

Except in the case of a civil action filed by the state,	19342
filing a civil action in the court of claims results in a complete	19343
waiver of any cause of action, based on the same act or omission,	19344
~~which~~that the filing party has against any officer or employee,	19345
as defined in section 109.36 of the Revised Code. The waiver shall	19346
be void if the court determines that the act or omission was	19347
manifestly outside the scope of the officer's or employee's office	19348
or employment or that the officer or employee acted with malicious	19349
purpose, in bad faith, or in a wanton or reckless manner.	19350

(2) If a claimant proves in the court of claims that an	19351
officer or employee, as defined in section 109.36 of the Revised	19352
Code, would have personal liability for the officer's or	19353
employee's acts or omissions but for the fact that the officer or	19354
employee has personal immunity under section 9.86 of the Revised	19355
Code, the state shall be held liable in the court of claims in any	19356
action that is timely filed pursuant to section 2743.16 of the	19357
Revised Code and that is based upon the acts or omissions.	19358

(3)(a) Except as provided in division (A)(3)(b) of this	19359
section, the state is immune from liability in any civil action or	19360
proceeding involving the performance or nonperformance of a public	19361
duty, including the performance or nonperformance of a public duty	19362
that is owed by the state in relation to any action of an	19363
individual who is committed to the custody of the state.	19364

(b) The state immunity provided in division (A)(3)(a) of this	19365
section does not apply to any action of the state under	19366
circumstances in which a special relationship can be established	19367
between the state and an injured party. A special relationship	19368
under this division is demonstrated if all of the following	19369
elements exist:	19370

(i) An assumption by the state, by means of promises or	19371
actions, of an affirmative duty to act on behalf of the party who	19372
was allegedly injured;	19373

(ii) Knowledge on the part of the state's agents that	19374
inaction of the state could lead to harm;	19375

(iii) Some form of direct contact between the state's agents	19376
and the injured party;	19377

(iv) The injured party's justifiable reliance on the state's	19378
affirmative undertaking.	19379

(B) The state hereby waives the immunity from liability of	19380
all hospitals owned or operated by one or more political	19381
subdivisions and consents for them to be sued, and to have their	19382
liability determined, in the court of common pleas, in accordance	19383
with the same rules of law applicable to suits between private	19384
parties, subject to the limitations set forth in this chapter.	19385
This division is also applicable to hospitals owned or operated by	19386
political subdivisions ~~which~~that have been determined by the	19387
supreme court to be subject to suit prior to July 28, 1975.	19388

(C) Any hospital, as defined in section 2305.113 of the	19389
Revised Code, may purchase liability insurance covering its	19390
operations and activities and its agents, employees, nurses,	19391
interns, residents, staff, and members of the governing board and	19392
committees, and, whether or not such insurance is purchased, may,	19393
to ~~such~~the extent asthat its governing board considers	19394
appropriate, indemnify or agree to indemnify and hold harmless any	19395
such person against expense, including attorney's fees, damage,	19396
loss, or other liability arising out of, or claimed to have arisen	19397
out of, the death, disease, or injury of any person as a result of	19398
the negligence, malpractice, or other action or inaction of the	19399
indemnified person while acting within the scope of the	19400
indemnified person's duties or engaged in activities at the	19401
request or direction, or for the benefit, of the hospital. Any	19402
hospital electing to indemnify ~~such~~those persons, or to agree to	19403
so indemnify, shall reserve ~~such~~any funds asthat are necessary,	19404
in the exercise of sound and prudent actuarial judgment, to cover	19405
the potential expense, fees, damage, loss, or other liability. The	19406
superintendent of insurance may recommend, or, if ~~such~~the	19407
hospital requests the superintendent to do so, the superintendent	19408
shall recommend, a specific amount for any period that, in the	19409
superintendent's opinion, represents such a judgment. This	19410
authority is in addition to any authorization otherwise provided	19411
or permitted by law.	19412

(D) Recoveries against the state shall be reduced by the	19413
aggregate of insurance proceeds, disability award, or other	19414
collateral recovery received by the claimant. This division does	19415
not apply to civil actions in the court of claims against a state	19416
university or college under the circumstances described in section	19417
3345.40 of the Revised Code. The collateral benefits provisions of	19418
division (B)(2) of that section apply under those circumstances.	19419

(E) The only defendant in original actions in the court of	19420
claims is the state. The state may file a third-party complaint or	19421
counterclaim in any civil action, except a civil action for ~~two~~	19422
ten thousand ~~five hundred~~ dollars or less, that is filed in the	19423
court of claims.	19424

(F) A civil action against an officer or employee, as defined	19425
in section 109.36 of the Revised Code, that alleges that the	19426
officer's or employee's conduct was manifestly outside the scope	19427
of the officer's or employee's employment or official	19428
responsibilities, or that the officer or employee acted with	19429
malicious purpose, in bad faith, or in a wanton or reckless manner	19430
shall first be filed against the state in the court of claims,	19431
~~which~~that has exclusive, original jurisdiction to determine,	19432
initially, whether the officer or employee is entitled to personal	19433
immunity under section 9.86 of the Revised Code and whether the	19434
courts of common pleas have jurisdiction over the civil action.	19435
The officer or employee may participate in the immunity	19436
determination proceeding before the court of claims to determine	19437
whether the officer or employee is entitled to personal immunity	19438
under section 9.86 of the Revised Code.	19439

The filing of a claim against an officer or employee under	19440
this division tolls the running of the applicable statute of	19441
limitations until the court of claims determines whether the	19442
officer or employee is entitled to personal immunity under section	19443
9.86 of the Revised Code.	19444

(G) ~~Whenever~~If a claim lies against an officer or employee	19445
who is a member of the Ohio national guard, and the officer or	19446
employee was, at the time of the act or omission complained of,	19447
subject to the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28	19448
U.S.C. 2671, et seq., ~~then~~ the Federal Tort Claims Act is the	19449
exclusive remedy of the claimant and the state has no liability	19450
under this section.	19451

(H) If an inmate of a state correctional institution has a	19452
claim against the state for the loss of or damage to property and	19453
the amount claimed does not exceed three hundred dollars, before	19454
commencing an action against the state in the court of claims, the	19455
inmate shall file a claim for the loss or damage under the rules	19456
adopted by the director of rehabilitation and correction pursuant	19457
to this division. The inmate shall file the claim within the time	19458
allowed for commencement of a civil action under section 2743.16	19459
of the Revised Code. If the state admits or compromises the claim,	19460
the director shall make payment from a fund designated by the	19461
director for that purpose. If the state denies the claim or does	19462
not compromise the claim at least sixty days prior to expiration	19463
of the time allowed for commencement of a civil action based upon	19464
the loss or damage under section 2743.16 of the Revised Code, the	19465
inmate may commence an action in the court of claims under this	19466
chapter to recover damages for the loss or damage.	19467

The director of rehabilitation and correction shall adopt	19468
rules pursuant to Chapter 119. of the Revised Code to implement	19469
this division.	19470

Sec. 2743.09. The clerk of the court of claims shall do all	19471
of the following:	19472

(A) Administer oaths and take and certify affidavits,	19473
depositions, and acknowledgments of powers of attorney and other	19474
instruments in writing;	19475

(B) Prepare the dockets, enter and record the orders,	19476
judgments, decisions, awards, and proceedings of the court of	19477
claims and the court of claims commissioners, and issue writs and	19478
process;	19479

(C) Maintain an office in Franklin county in rooms provided	19480
by the supreme court for that purpose;	19481

(D) Keep an appearance docket of civil actions, claims for an	19482
award of reparations, and appeals from decisions of the court of	19483
claims commissioners. The clerk may refuse to accept for filing	19484
any pleading or paper that relates to a civil action in the court	19485
of claims and that is submitted for filing by a person who has	19486
been found to be a vexatious litigator under section 2323.52 of	19487
the Revised Code and who has failed to obtain leave to proceed	19488
under that section.	19489

Upon the commencement of an action or claim, the clerk shall	19490
assign it a number. This number shall be placed on the first page,	19491
and every continuation page, of the appearance docket that	19492
concerns the particular action or claim. In addition, this number	19493
and the names of the parties shall be placed on the case file, and	19494
every paper filed in the action or claim.	19495

At the time the action is commenced the clerk shall enter in	19496
the appearance docket the names of the parties in full and the	19497
names of counsel and shall index the action alphabetically by the	19498
last name of each party. Thereafter, the clerk shall	19499
chronologically note in the appearance docket all process issued	19500
and returns, pleas, motions, papers filed in the action, orders,	19501
verdicts, and judgments. The notations shall be brief but shall	19502
show the date of filing, substance, and journal volume and page of	19503
each order, verdict, and judgment. An action is commenced for	19504
purposes of this division by the filing of a complaint, including	19505
a form complaint under section 2743.10 of the Revised Code or a	19506
petition for removal.	19507

At the time an appeal for an award of reparations is	19508
commenced, the clerk shall enter the full names of the claimant,	19509
the victim, and the attorneys in the appearance docket and shall	19510
index the claim alphabetically by the last name of the claimant	19511
and the victim. Thereafter, the clerk shall chronologically note	19512
in the appearance docket all process issued and returns, motions,	19513
papers filed in the claim, orders, decisions, and awards. The	19514
notations shall be brief but shall show the date of filing,	19515
substance, and journal volume and page of each order.	19516

(E) Keep all original papers filed in an action or claim in a	19517
separate file folder and a journal in which all orders, verdicts,	19518
and judgments of the court and commissioners shall be recorded;	19519

(F) Charge and collect fees pursuant to section 2303.20 of	19520
the Revised Code, keep a cashbook in which the clerk shall enter	19521
the amounts received, make a report to the clerk of the supreme	19522
court each quarter of the fees received during the preceding	19523
quarter, and pay them monthly into the state treasury;	19524

(G) Appoint ~~stenographers, shorthand~~ reporters, and other	19525
clerical personnel;	19526

(H) Under the direction of the chief justice, establish	19527
procedures for hearing and determining appeals for an award of	19528
reparations pursuant to sections 2743.51 to 2743.72 of the Revised	19529
Code.	19530

Sec. 2743.10. (A) Civil actions against the state for ~~two~~	19531
ten thousand ~~five hundred~~ dollars or less shall be determined	19532
administratively by the clerk of the court of claims, except that	19533
the clerk is not required to administratively determine a civil	19534
action of that nature if the civil action was commenced by a	19535
person who has been found to be a vexatious litigator under	19536
section 2323.52 of the Revised Code and who has failed to obtain	19537
leave to proceed under that section and if the clerk refused	19538
pursuant to division (D) of section 2743.09 of the Revised Code to	19539
accept for filing any pleading or paper that relates to the civil	19540
action and that was submitted for filing by that person and except	19541
that all civil actions against the state that have been removed to	19542
the court of claims shall be heard and determined by a judge of	19543
the court of claims.	19544

(B) Civil actions covered by division (A) of this section	19545
shall be commenced by filing with the clerk on complaint forms	19546
prescribed by the supreme court. The clerk shall forward copies of	19547
the form complaint to the attorney general and the state	19548
department, board, office, commission, agency, institution, or	19549
other instrumentality whose actions or failure to act are the	19550
subject of complaint. The latter shall investigate the allegations	19551
made in the form complaint and report the results of its	19552
investigation to the clerk within sixty days of receipt of a copy	19553
of the form complaint. The clerk shall forward a copy of the	19554
report to the claimant and give the claimant an opportunity to	19555
respond to the report either in writing or by appearing before the	19556
clerk.	19557

(C) The clerk shall determine the civil action covered by	19558
division (A) of this section and make a report of the decision,	19559
together with findings of fact and conclusions of law, copies of	19560
which shall be mailed to the claimant and the state	19561
instrumentality. Except as otherwise provided in this division,	19562
the determination shall be based upon principles of law applicable	19563
in the court of claims, including, but not limited to, section	19564
3345.40 of the Revised Code if a state university or college is a	19565
defendant in the court of claims.	19566

Rules of evidence shall not be applicable in the	19567
determination. Procedures shall be governed by rules promulgated	19568
by the clerk, shall be informal, and shall be designed to	19569
accommodate persons who are not skilled in the law.	19570

(D) Upon the motion of a party, the court of claims shall	19571
review the determination of the clerk upon the clerk's report and	19572
papers filed in the action and shall enter judgment consistent	19573
with its findings. The judgment shall not be the subject of	19574
further appeal. No civil action arising out of the same	19575
transaction or set of facts may be commenced by the claimant in	19576
the court of claims.	19577

(E) The determination of the clerk pursuant to division (C)	19578
of this section shall be processed pursuant to section 2743.19 of	19579
the Revised Code as if it were a judgment.	19580

Sec. 2743.48. (A) As used in this section and section	19581
2743.49 of the Revised Code, a "wrongfully imprisoned individual"	19582
means an individual who satisfies each of the following:	19583

(1) The individual was charged with a violation of a section	19584
of the Revised Code by an indictment or information ~~prior to, or~~	19585
~~on or after, September 24, 1986~~, and the violation charged was an	19586
aggravated felony or felony.	19587

(2) The individual was found guilty of, but did not plead	19588
guilty to, the particular charge or a lesser-included offense by	19589
the court or jury involved, and the offense of which the	19590
individual was found guilty was an aggravated felony or felony.	19591

(3) The individual was sentenced to an indefinite or definite	19592
term of imprisonment in a state correctional institution for the	19593
offense of which the individual was found guilty.	19594

(4) The individual's conviction was vacated ~~or was~~,	19595
dismissed, or reversed on appeal, the prosecuting attorney in the	19596
case cannot or will not seek any further appeal of right or upon	19597
leave of court, and no criminal proceeding is pending, can be	19598
brought, or will be brought by any prosecuting attorney, city	19599
director of law, village solicitor, or other chief legal officer	19600
of a municipal corporation against the individual for any act	19601
associated with that conviction.	19602

(5) Subsequent to sentencing and during or subsequent to	19603
imprisonment, an error in procedure resulted in the individual's	19604
release, or it was determined by athe court of common pleas in	19605
the county where the underlying criminal action was initiated that	19606
the charged offense ~~of which the individual was found guilty~~,	19607
including all lesser-included offenses, either was not committed	19608
by the individual or was not committed by any person.	19609

(B)(1) ~~When a~~A person may file a civil action to be declared	19610
a wrongfully imprisoned individual in the court of common pleas in	19611
the county where the underlying criminal action was initiated.	19612
That civil action shall be separate from the underlying finding of	19613
guilt by the court of common pleas. Upon the filing of a civil	19614
action to be determined a wrongfully imprisoned individual, the	19615
attorney general shall be served with a copy of the complaint and	19616
shall be heard.	19617

(2) When the court of common pleas in the county where the	19618
underlying criminal action was initiated determines~~, on or after~~	19619
~~September 24, 1986,~~in a separate civil action that a person is a	19620
wrongfully imprisoned individual, the court shall provide the	19621
person with a copy of this section and orally inform the person	19622
and the person's attorney of the person's rights under this	19623
section to commence a civil action against the state in the court	19624
of claims because of the person's wrongful imprisonment and to be	19625
represented in that civil action by counsel of the person's own	19626
choice.	19627

~~(2)~~(3) The court described in division (B)(1) of this section	19628
shall notify the clerk of the court of claims, in writing and	19629
within seven days after the date of the entry of its determination	19630
that the person is a wrongfully imprisoned individual, of the name	19631
and proposed mailing address of the person and of the fact that	19632
the person has the rights to commence a civil action and to have	19633
legal representation as provided in this section. The clerk of the	19634
court of claims shall maintain in the clerk's office a list of	19635
wrongfully imprisoned individuals for whom notices are received	19636
under this section and shall create files in the clerk's office	19637
for each such individual.	19638

~~(3)~~(4) Within sixty days after the date of the entry of a	19639
~~court of common plea's~~the determination by the court of common	19640
pleas in the county where the underlying criminal action was	19641
initiated that a person is a wrongfully imprisoned individual, the	19642
clerk of the court of claims shall forward a preliminary judgment	19643
to the president of the controlling board requesting the payment	19644
of fifty per cent of the amount described in division (E)(2)(b) of	19645
this section to the wrongfully imprisoned individual. The board	19646
shall take all actions necessary to cause the payment of that	19647
amount out of the emergency purposes special purpose account of	19648
the board.	19649

(C)(1) In a civil action under this section, a wrongfully	19650
imprisoned individual has the right to have counsel of the	19651
individual's own choice.	19652

(2) If a wrongfully imprisoned individual who is the subject	19653
of a court determination as described in division (B)~~(1)~~(2) of	19654
this section does not commence a civil action under this section	19655
within six months after the entry of that determination, the clerk	19656
of the court of claims shall send a letter to the wrongfully	19657
imprisoned individual, at the address set forth in the notice	19658
received from the court of common pleas pursuant to division	19659
(B)~~(2)~~(3) of this section or to any later address provided by the	19660
wrongfully imprisoned individual, that reminds the wrongfully	19661
imprisoned individual of the wrongfully imprisoned individual's	19662
rights under this section. Until the statute of limitations	19663
provided in division (H) of this section expires and unless the	19664
wrongfully imprisoned individual commences a civil action under	19665
this section, the clerk of the court of claims shall send a	19666
similar letter in a similar manner to the wrongfully imprisoned	19667
individual at least once each three months after the sending of	19668
the first reminder.	19669

(D) Notwithstanding any provisions of this chapter to the	19670
contrary, a wrongfully imprisoned individual has and may file a	19671
civil action against the state, in the court of claims, to recover	19672
a sum of money as described in this section, because of the	19673
individual's wrongful imprisonment. The court of claims shall have	19674
exclusive, original jurisdiction over such a civil action. The	19675
civil action shall proceed, be heard, and be determined as	19676
provided in sections 2743.01 to 2743.20 of the Revised Code,	19677
except that if a provision of this section conflicts with a	19678
provision in any of those sections, the provision in this section	19679
controls.	19680

(E)(1) In a civil action as described in division (D) of this	19681
section, the complainant may establish that the claimant is a	19682
wrongfully imprisoned individual by submitting to the court of	19683
claims a certified copy of the judgment entry of the court of	19684
common pleas associated with the claimant's conviction and	19685
sentencing, and a certified copy of the entry of the determination	19686
of athe court of common pleas that the claimant is a wrongfully	19687
imprisoned individual under division (B)(2) of this section. No	19688
other evidence shall be required of the complainant to establish	19689
that the claimant is a wrongfully imprisoned individual, and the	19690
claimant shall be irrebuttably presumed to be a wrongfully	19691
imprisoned individual.	19692

(2) In a civil action as described in division (D) of this	19693
section, upon presentation of requisite proof to the court of	19694
claims, a wrongfully imprisoned individual is entitled to receive	19695
a sum of money that equals the total of each of the following	19696
amounts:	19697

(a) The amount of any fine or court costs imposed and paid,	19698
and the reasonable attorney's fees and other expenses incurred by	19699
the wrongfully imprisoned individual in connection with all	19700
associated criminal proceedings and appeals, and, if applicable,	19701
in connection with obtaining the wrongfully imprisoned	19702
individual's discharge from confinement in the state correctional	19703
institution;	19704

(b) For each full year of imprisonment in the state	19705
correctional institution for the offense of which the wrongfully	19706
imprisoned individual was found guilty, forty thousand three	19707
hundred thirty dollars or the adjusted amount determined by the	19708
auditor of state pursuant to section 2743.49 of the Revised Code,	19709
and for each part of a year of being so imprisoned, a pro-rated	19710
share of forty thousand three hundred thirty dollars or the	19711
adjusted amount determined by the auditor of state pursuant to	19712
section 2743.49 of the Revised Code;	19713

(c) Any loss of wages, salary, or other earned income that	19714
directly resulted from the wrongfully imprisoned individual's	19715
arrest, prosecution, conviction, and wrongful imprisonment;	19716

(d) The amount of the following cost debts the department of	19717
rehabilitation and correction recovered from the wrongfully	19718
imprisoned individual who was in custody of the department or	19719
under the department's supervision:	19720

(i) Any user fee or copayment for services at a detention	19721
facility, including, but not limited to, a fee or copayment for	19722
sick call visits;	19723

(ii) The cost of housing and feeding the wrongfully	19724
imprisoned individual in a detention facility;	19725

(iii) The cost of supervision of the wrongfully imprisoned	19726
individual;	19727

(iv) The cost of any ancillary services provided to the	19728
wrongfully imprisoned individual.	19729

(F)(1) If the court of claims determines in a civil action as	19730
described in division (D) of this section that the complainant is	19731
a wrongfully imprisoned individual, it shall enter judgment for	19732
the wrongfully imprisoned individual in the amount of the sum of	19733
money to which the wrongfully imprisoned individual is entitled	19734
under division (E)(2) of this section. In determining that sum,	19735
the court of claims shall not take into consideration any expenses	19736
incurred by the state or any of its political subdivisions in	19737
connection with the arrest, prosecution, and imprisonment of the	19738
wrongfully imprisoned individual, including, but not limited to,	19739
expenses for food, clothing, shelter, and medical services. The	19740
court shall reduce that sum by the amount of the payment to the	19741
wrongfully imprisoned individual described in division (B)~~(3)~~(4)	19742
of this section.	19743

(2) If the wrongfully imprisoned individual was represented	19744
in the civil action under this section by counsel of the	19745
wrongfully imprisoned individual's own choice, the court of claims	19746
shall include in the judgment entry referred to in division (F)(1)	19747
of this section an award for the reasonable attorney's fees of	19748
that counsel. These fees shall be paid as provided in division (G)	19749
of this section.	19750

(3) The state consents to be sued by a wrongfully imprisoned	19751
individual because the imprisonment was wrongful, and to liability	19752
on its part because of that fact, only as provided in this	19753
section. However, this section does not affect any liability of	19754
the state or of its employees to a wrongfully imprisoned	19755
individual on a claim for relief that is not based on the fact of	19756
the wrongful imprisonment, including, but not limited to, a claim	19757
for relief that arises out of circumstances occurring during the	19758
wrongfully imprisoned individual's confinement in the state	19759
correctional institution.	19760

(G) The clerk of the court of claims shall forward a	19761
certified copy of a judgment under division (F) of this section to	19762
the president of the controlling board. The board shall take all	19763
actions necessary to cause the payment of the judgment out of the	19764
emergency purposes special purpose account of the board.	19765

(H) To be eligible to recover a sum of money as described in	19766
this section because of wrongful imprisonment, aboth of the	19767
following shall apply to a wrongfully imprisoned individual:	19768

(1) The wrongfully imprisoned individual shall not have been,	19769
prior to September 24, 1986, the subject of an act of the general	19770
assembly that authorized an award of compensation for the wrongful	19771
imprisonment or have been the subject of an action before the	19772
former sundry claims board that resulted in an award of	19773
compensation for the wrongful imprisonment. ~~Additionally, to be~~	19774
~~eligible to so recover, the~~	19775

(2) The wrongfully imprisoned individual shall commence a	19776
civil action under this section in the court of claims no later	19777
than two years after the date of the entry of the determination of	19778
athe court of common pleas that the individual is a wrongfully	19779
imprisoned individual under division (B)(2) of this section.	19780

Sec. 2746.01. A court of record of this state shall tax as	19781
costs or otherwise require the payment of fees for the following	19782
services rendered or as compensation for the following persons or	19783
any other of the following fees that are applicable in a	19784
particular case:	19785

(A) Appraisers, commissioners, or arbitrators appointed to	19786
make or procure an appraisement or valuation of any property, as	19787
provided in section 2335.02 of the Revised Code;	19788

(B) Auctioneers appointed to conduct any public auction of	19789
goods, chattels, or lands required to be sold by an officer of the	19790
court, as provided in section 2335.021 of the Revised Code;	19791

(C) Commissioners appointed to make partition of lands or to	19792
assign dower and appraisers of real or personal property on	19793
execution, replevin, or attachment or to fix the value of exempt	19794
property, as provided in section 2335.01 of the Revised Code;	19795

(D) Deposit of rent with the clerk of court by a resident of	19796
a manufactured home park, as provided in section ~~3733.121~~4781.42	19797
of the Revised Code, or by a tenant of residential premises, as	19798
provided in section 5321.08 of the Revised Code;	19799

(E) Interpreters, as provided in section 2335.09 of the	19800
Revised Code;	19801

(F) Fees in a civil action or appeal commenced by an inmate	19802
against a government entity or employee, as provided in section	19803
2969.22 of the Revised Code;	19804

(G) Procurement of a transcript of a judgment or proceeding	19805
or exemplification of a record in an appeal or other civil action,	19806
as provided in section 2303.21 of the Revised Code;	19807

(H) Publication of an advertisement, notice, or proclamation	19808
required to be published by a trustee, assignee, executor,	19809
administrator, receiver, or other officer of the court or a party	19810
in a case or proceeding, as provided in section 7.13 of the	19811
Revised Code;	19812

(I) Publication of calendars, motion dockets, legal	19813
advertisements, and notices, the fees for which are not fixed by	19814
law, as provided in section 2701.09 of the Revised Code;	19815

(J) Sheriffs, as provided in section 311.17 of the Revised	19816
Code;	19817

(K) Township constables or members of the police force of a	19818
township police district or joint police district, as provided in	19819
section 509.15 of the Revised Code;	19820

(L) Witnesses, as follows:

19821

(1) Fees and mileage in civil cases, as provided in section	19822
2335.06 of the Revised Code;	19823

(2) Fees and mileage in criminal cases, as provided in	19824
section 2335.08 of the Revised Code;	19825

(3) Fees in all cases or proceedings not specified in	19826
sections 2335.06 and 2335.08 of the Revised Code, as provided in	19827
section 2335.05 of the Revised Code;	19828

(4) Fees of municipal police officers in state felony cases,	19829
as provided in section 2335.17 of the Revised Code;	19830

(5) Fees in arbitration proceedings, as provided in section	19831
2711.06 of the Revised Code.	19832

(M) In an action to abate a nuisance or to enforce a local	19833
code relating to buildings, the expenses of operating and	19834
conserving the building, as provided in section 3767.41 of the	19835
Revised Code.	19836

Sec. 2746.03. In addition to any applicable fees or costs	19837
set forth in sections 2746.01 and 2746.02 of the Revised Code or	19838
any other applicable provision of law, the supreme court, a court	19839
of appeals, or the court of claims shall tax as costs or otherwise	19840
require the payment of fees for the following services rendered or	19841
as compensation for the following persons or any other of the	19842
following fees that are applicable in a particular case:	19843

(A) In the supreme court, filing fees, as provided in section	19844
2503.17 of the Revised Code;	19845

(B) In a court of appeals:

19846

(1) Fees collectible by the clerk of a court of common pleas	19847
when acting as the clerk of the court of appeals of the county, as	19848
provided in section 2303.03 of the Revised Code;	19849

(2) Additional filing fees or charges for special projects,	19850
programs, or services, as provided in section 2501.16 of the	19851
Revised Code;	19852

(3) Sheriffs or other officers who serve process, as provided	19853
in section 2501.19 of the Revised Code;	19854

(4) ~~Shorthand reporters~~Reporters, as provided in section	19855
2501.17 of the Revised Code;	19856

(5) The expense of preparing and transcribing the record in	19857
an appeal to the tenth district court of appeals from a ruling of	19858
the director of health under the certificate of need program, as	19859
provided in section 3702.60 of the Revised Code.	19860

19861

(1) The fees provided for in section 2743.09 of the Revised	19862
Code;	19863

(2) Witness fees and mileage, as provided in section 2743.06	19864
of the Revised Code.	19865

Sec. 2746.04. In addition to any applicable fees or costs	19866
set forth in sections 2746.01 and 2746.02 of the Revised Code or	19867
any other applicable provision of law, a court of common pleas	19868
shall tax as costs or otherwise require the payment of fees for	19869
the following services rendered or as compensation for the	19870
following persons or any other of the following fees that are	19871
applicable in a particular case:	19872

(A) The fees provided for in section 2303.20 of the Revised	19873
Code;	19874

(B) Additional fees to computerize the court, make available	19875
computerized legal research services, computerize the office of	19876
the clerk of the court, provide financial assistance to legal aid	19877
societies, support the office of the state public defender, fund	19878
shelters for victims of domestic violence, and special projects of	19879
the court, as provided in section 2303.201 and, for a court that	19880
has a domestic relations division, section 2301.031 of the Revised	19881
Code;	19882

(C) Filing for a divorce decree under section 3105.10 or a	19883
decree of dissolution under section 3105.65 of the Revised Code,	19884
as provided in section 3109.14 of the Revised Code;	19885

(D) Filing of a foreign judgment pursuant to section 2329.022	19886
of the Revised Code, as provided in section 2329.025 of the	19887
Revised Code;	19888

(E) Interpreters, as provided in section 2301.14 of the	19889
Revised Code;	19890

(F) Jurors in civil actions, as provided in section 2335.28	19891
of the Revised Code;	19892

(G) ~~Shorthand reporters~~Reporters, as provided in sections	19893
2301.21 and 2301.24 of the Revised Code;	19894

(H) In a case involving the operation by a nonresident of a	19895
vessel upon the waters in this state, or the operation on the	19896
waters in this state of a vessel owned by a nonresident if	19897
operated with his consent, actual traveling expenses of the	19898
defendant, as provided in section 1547.36 of the Revised Code;	19899

(I) In a civil case, the expenses of taking a deposition of a	19900
person who is imprisoned in a workhouse, juvenile detention	19901
facility, jail, or state correctional institution within this	19902
state, or who is in the custody of the department of youth	19903
services, as provided in section 2317.06 of the Revised Code;	19904

(J) In proceedings relating to the examination of a judgment	19905
debtor under sections 2333.09 to 2333.27 of the Revised Code,	19906
compensation for clerks, sheriffs, referees, receivers, and	19907
witnesses, as provided in section 2333.27 of the Revised Code;	19908

(K) In an appeal from an order of an agency issued pursuant	19909
to an adjudication under section 119.12 of the Revised Code, the	19910
expense of preparing and transcribing the record;	19911

(L) In a case in which the court issues a protection order	19912
upon a petition alleging that the respondent engaged in domestic	19913
violence against a family or household member, the cost of	19914
supervision of the respondent's exercise of parenting time,	19915
visitation, or companionship rights, as provided in section	19916
3113.31 of the Revised Code;	19917

(M) Upon a petition to have a person involuntarily	19918
institutionalized, the costs of appointed counsel for the	19919
respondent at a full hearing, as provided in section 5123.76 of	19920
the Revised Code;	19921

(N) In a case before the domestic relations division of the	19922
Hamilton county court of common pleas, the expense of serving a	19923
summons, warrant, citation, subpoena, or other writ issued to an	19924
officer other than a bailiff, constable, or staff investigator of	19925
the division, as provided in section 2301.03 of the Revised Code.	19926

Sec. 2901.01. (A) As used in the Revised Code:

19927

(1) "Force" means any violence, compulsion, or constraint	19928
physically exerted by any means upon or against a person or thing.	19929

(2) "Deadly force" means any force that carries a substantial	19930
risk that it will proximately result in the death of any person.	19931

(3) "Physical harm to persons" means any injury, illness, or	19932
other physiological impairment, regardless of its gravity or	19933
duration.	19934

(4) "Physical harm to property" means any tangible or	19935
intangible damage to property that, in any degree, results in loss	19936
to its value or interferes with its use or enjoyment. "Physical	19937
harm to property" does not include wear and tear occasioned by	19938
normal use.	19939

(5) "Serious physical harm to persons" means any of the	19940
following:	19941

(a) Any mental illness or condition of such gravity as would	19942
normally require hospitalization or prolonged psychiatric	19943
treatment;	19944

(b) Any physical harm that carries a substantial risk of	19945
death;	19946

(c) Any physical harm that involves some permanent	19947
incapacity, whether partial or total, or that involves some	19948
temporary, substantial incapacity;	19949

(d) Any physical harm that involves some permanent	19950
disfigurement or that involves some temporary, serious	19951
disfigurement;	19952

(e) Any physical harm that involves acute pain of such	19953
duration as to result in substantial suffering or that involves	19954
any degree of prolonged or intractable pain.	19955

(6) "Serious physical harm to property" means any physical	19956
harm to property that does either of the following:	19957

(a) Results in substantial loss to the value of the property	19958
or requires a substantial amount of time, effort, or money to	19959
repair or replace;	19960

(b) Temporarily prevents the use or enjoyment of the property	19961
or substantially interferes with its use or enjoyment for an	19962
extended period of time.	19963

(7) "Risk" means a significant possibility, as contrasted	19964
with a remote possibility, that a certain result may occur or that	19965
certain circumstances may exist.	19966

(8) "Substantial risk" means a strong possibility, as	19967
contrasted with a remote or significant possibility, that a	19968
certain result may occur or that certain circumstances may exist.	19969

(9) "Offense of violence" means any of the following:

19970

(a) A violation of section 2903.01, 2903.02, 2903.03,	19971
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,	19972
2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03,	19973
2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11,	19974
2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04,	19975
2921.34, or 2923.161, of division (A)(1), (2), or (3) of section	19976
2911.12, or of division (B)(1), (2), (3), or (4) of section	19977
2919.22 of the Revised Code or felonious sexual penetration in	19978
violation of former section 2907.12 of the Revised Code;	19979

(b) A violation of an existing or former municipal ordinance	19980
or law of this or any other state or the United States,	19981
substantially equivalent to any section, division, or offense	19982
listed in division (A)(9)(a) of this section;	19983

(c) An offense, other than a traffic offense, under an	19984
existing or former municipal ordinance or law of this or any other	19985
state or the United States, committed purposely or knowingly, and	19986
involving physical harm to persons or a risk of serious physical	19987
harm to persons;	19988

(d) A conspiracy or attempt to commit, or complicity in	19989
committing, any offense under division (A)(9)(a), (b), or (c) of	19990
this section.	19991

(10)(a) "Property" means any property, real or personal,	19992
tangible or intangible, and any interest or license in that	19993
property. "Property" includes, but is not limited to, cable	19994
television service, other telecommunications service,	19995
telecommunications devices, information service, computers, data,	19996
computer software, financial instruments associated with	19997
computers, other documents associated with computers, or copies of	19998
the documents, whether in machine or human readable form, trade	19999
secrets, trademarks, copyrights, patents, and property protected	20000
by a trademark, copyright, or patent. "Financial instruments	20001
associated with computers" include, but are not limited to,	20002
checks, drafts, warrants, money orders, notes of indebtedness,	20003
certificates of deposit, letters of credit, bills of credit or	20004
debit cards, financial transaction authorization mechanisms,	20005
marketable securities, or any computer system representations of	20006
any of them.	20007

(b) As used in division (A)(10) of this section, "trade	20008
secret" has the same meaning as in section 1333.61 of the Revised	20009
Code, and "telecommunications service" and "information service"	20010
have the same meanings as in section 2913.01 of the Revised Code.	20011

(c) As used in divisions (A)(10) and (13) of this section,	20012
"cable television service," "computer," "computer software,"	20013
"computer system," "computer network," "data," and	20014
"telecommunications device" have the same meanings as in section	20015
2913.01 of the Revised Code.	20016

(11) "Law enforcement officer" means any of the following:

20017

(a) A sheriff, deputy sheriff, constable, police officer of a	20018
township or joint police district, marshal, deputy marshal,	20019
municipal police officer, member of a police force employed by a	20020
metropolitan housing authority under division (D) of section	20021
3735.31 of the Revised Code, or state highway patrol trooper;	20022

(b) An officer, agent, or employee of the state or any of its	20023
agencies, instrumentalities, or political subdivisions, upon whom,	20024
by statute, a duty to conserve the peace or to enforce all or	20025
certain laws is imposed and the authority to arrest violators is	20026
conferred, within the limits of that statutory duty and authority;	20027

(c) A mayor, in the mayor's capacity as chief conservator of	20028
the peace within the mayor's municipal corporation;	20029

(d) A member of an auxiliary police force organized by	20030
county, township, or municipal law enforcement authorities, within	20031
the scope of the member's appointment or commission;	20032

(e) A person lawfully called pursuant to section 311.07 of	20033
the Revised Code to aid a sheriff in keeping the peace, for the	20034
purposes and during the time when the person is called;	20035

(f) A person appointed by a mayor pursuant to section 737.01	20036
of the Revised Code as a special patrolling officer during riot or	20037
emergency, for the purposes and during the time when the person is	20038
appointed;	20039

(g) A member of the organized militia of this state or the	20040
armed forces of the United States, lawfully called to duty to aid	20041
civil authorities in keeping the peace or protect against domestic	20042
violence;	20043

(h) A prosecuting attorney, assistant prosecuting attorney,	20044
secret service officer, or municipal prosecutor;	20045

(i) A veterans' home police officer appointed under section	20046
5907.02 of the Revised Code;	20047

(j) A member of a police force employed by a regional transit	20048
authority under division (Y) of section 306.35 of the Revised	20049
Code;	20050

(k) A special police officer employed by a port authority	20051
under section 4582.04 or 4582.28 of the Revised Code;	20052

(l) The house of representatives sergeant at arms if the	20053
house of representatives sergeant at arms has arrest authority	20054
pursuant to division (E)(1) of section 101.311 of the Revised Code	20055
and an assistant house of representatives sergeant at arms;	20056

(m) The senate sergeant at arms and an assistant senate	20057
sergeant at arms;	20058

(n) A special police officer employed by a municipal	20059
corporation at a municipal airport, or other municipal air	20060
navigation facility, that has scheduled operations, as defined in	20061
section 119.3 of Title 14 of the Code of Federal Regulations, 14	20062
C.F.R. 119.3, as amended, and that is required to be under a	20063
security program and is governed by aviation security rules of the	20064
transportation security administration of the United States	20065
department of transportation as provided in Parts 1542. and 1544.	20066
of Title 49 of the Code of Federal Regulations, as amended.	20067

(12) "Privilege" means an immunity, license, or right	20068
conferred by law, bestowed by express or implied grant, arising	20069
out of status, position, office, or relationship, or growing out	20070
of necessity.	20071

(13) "Contraband" means any property that is illegal for a	20072
person to acquire or possess under a statute, ordinance, or rule,	20073
or that a trier of fact lawfully determines to be illegal to	20074
possess by reason of the property's involvement in an offense.	20075
"Contraband" includes, but is not limited to, all of the	20076
following:	20077

(a) Any controlled substance, as defined in section 3719.01	20078
of the Revised Code, or any device or paraphernalia;	20079

(b) Any unlawful gambling device or paraphernalia;

20080

20081

(14) A person is "not guilty by reason of insanity" relative	20082
to a charge of an offense only if the person proves, in the manner	20083
specified in section 2901.05 of the Revised Code, that at the time	20084
of the commission of the offense, the person did not know, as a	20085
result of a severe mental disease or defect, the wrongfulness of	20086
the person's acts.	20087

(B)(1)(a) Subject to division (B)(2) of this section, as used	20088
in any section contained in Title XXIX of the Revised Code that	20089
sets forth a criminal offense, "person" includes all of the	20090
following:	20091

(i) An individual, corporation, business trust, estate,	20092
trust, partnership, and association;	20093

(ii) An unborn human who is viable.

20094

(b) As used in any section contained in Title XXIX of the	20095
Revised Code that does not set forth a criminal offense, "person"	20096
includes an individual, corporation, business trust, estate,	20097
trust, partnership, and association.	20098

20099

(i) "Unborn human" means an individual organism of the	20100
species Homo sapiens from fertilization until live birth.	20101

(ii) "Viable" means the stage of development of a human fetus	20102
at which there is a realistic possibility of maintaining and	20103
nourishing of a life outside the womb with or without temporary	20104
artificial life-sustaining support.	20105

(2) Notwithstanding division (B)(1)(a) of this section, in no	20106
case shall the portion of the definition of the term "person" that	20107
is set forth in division (B)(1)(a)(ii) of this section be applied	20108
or construed in any section contained in Title XXIX of the Revised	20109
Code that sets forth a criminal offense in any of the following	20110
manners:	20111

(a) Except as otherwise provided in division (B)(2)(a) of	20112
this section, in a manner so that the offense prohibits or is	20113
construed as prohibiting any pregnant woman or her physician from	20114
performing an abortion with the consent of the pregnant woman,	20115
with the consent of the pregnant woman implied by law in a medical	20116
emergency, or with the approval of one otherwise authorized by law	20117
to consent to medical treatment on behalf of the pregnant woman.	20118
An abortion that violates the conditions described in the	20119
immediately preceding sentence may be punished as a violation of	20120
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	20121
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	20122
of the Revised Code, as applicable. An abortion that does not	20123
violate the conditions described in the second immediately	20124
preceding sentence, but that does violate section 2919.12,	20125
division (B) of section 2919.13, or section 2919.151, 2919.17, or	20126
2919.18 of the Revised Code, may be punished as a violation of	20127
section 2919.12, division (B) of section 2919.13, or section	20128
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	20129
Consent is sufficient under this division if it is of the type	20130
otherwise adequate to permit medical treatment to the pregnant	20131
woman, even if it does not comply with section 2919.12 of the	20132
Revised Code.	20133

(b) In a manner so that the offense is applied or is	20134
construed as applying to a woman based on an act or omission of	20135
the woman that occurs while she is or was pregnant and that	20136
results in any of the following:	20137

(i) Her delivery of a stillborn baby;

20138

(ii) Her causing, in any other manner, the death in utero of	20139
a viable, unborn human that she is carrying;	20140

(iii) Her causing the death of her child who is born alive	20141
but who dies from one or more injuries that are sustained while	20142
the child is a viable, unborn human;	20143

(iv) Her causing her child who is born alive to sustain one	20144
or more injuries while the child is a viable, unborn human;	20145

(v) Her causing, threatening to cause, or attempting to	20146
cause, in any other manner, an injury, illness, or other	20147
physiological impairment, regardless of its duration or gravity,	20148
or a mental illness or condition, regardless of its duration or	20149
gravity, to a viable, unborn human that she is carrying.	20150

20151

(1) "School safety zone" consists of a school, school	20152
building, school premises, school activity, and school bus.	20153

(2) "School," "school building," and "school premises" have	20154
the same meanings as in section 2925.01 of the Revised Code.	20155

(3) "School activity" means any activity held under the	20156
auspices of a board of education of a city, local, exempted	20157
village, joint vocational, or cooperative education school	20158
district; a governing authority of a community school established	20159
under Chapter 3314. of the Revised Code; a governing board of an	20160
educational service center, or the governing body of a school for	20161
which the state board of education prescribes minimum standards	20162
under section 3301.07 of the Revised Code.	20163

(4) "School bus" has the same meaning as in section 4511.01	20164
of the Revised Code.	20165

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	20166
Revised Code:	20167

(A) "Care facility" means any of the following:

20168

(1) Any "home" as defined in section 3721.10 or 5111.20 of	20169
the Revised Code;	20170

(2) Any "residential facility" as defined in section 5123.19	20171
of the Revised Code;	20172

(3) Any institution or facility operated or provided by the	20173
department of mental health or by the department of developmental	20174
disabilities pursuant to sections 5119.02 and 5123.03 of the	20175
Revised Code;	20176

(4) Any "residential facility" as defined in section 5119.22	20177
of the Revised Code;	20178

(5) Any unit of any hospital, as defined in section 3701.01	20179
of the Revised Code, that provides the same services as a nursing	20180
home, as defined in section 3721.01 of the Revised Code;	20181

(6) Any institution, residence, or facility that provides,	20182
for a period of more than twenty-four hours, whether for a	20183
consideration or not, accommodations to one individual or two	20184
unrelated individuals who are dependent upon the services of	20185
others;	20186

~~(7) Any "adult care facility" as defined in section 5119.70~~	20187
~~of the Revised Code;~~	20188

~~(8) Any adult foster home certified under section 5119.692 of~~	20189
~~the Revised Code~~.	20190

(B) "Abuse" means knowingly causing physical harm or	20191
recklessly causing serious physical harm to a person by physical	20192
contact with the person or by the inappropriate use of a physical	20193
or chemical restraint, medication, or isolation on the person.	20194

(C)(1) "Gross neglect" means knowingly failing to provide a	20195
person with any treatment, care, goods, or service that is	20196
necessary to maintain the health or safety of the person when the	20197
failure results in physical harm or serious physical harm to the	20198
person.	20199

(2) "Neglect" means recklessly failing to provide a person	20200
with any treatment, care, goods, or service that is necessary to	20201
maintain the health or safety of the person when the failure	20202
results in serious physical harm to the person.	20203

(D) "Inappropriate use of a physical or chemical restraint,	20204
medication, or isolation" means the use of physical or chemical	20205
restraint, medication, or isolation as punishment, for staff	20206
convenience, excessively, as a substitute for treatment, or in	20207
quantities that preclude habilitation and treatment.	20208

Sec. 2907.29. Every hospital of this state that offers	20209
organized emergency services shall provide that a physician, a	20210
physician assistant, a clinical nurse specialist, a certified	20211
nurse practitioner, or a certified nurse-midwife is available on	20212
call twenty-four hours each day for the examination of persons	20213
reported to any law enforcement agency to be victims of sexual	20214
offenses cognizable as violations of any provision of sections	20215
2907.02 to 2907.06 of the Revised Code. The physician, physician	20216
assistant, clinical nurse specialist, certified nurse	20217
practitioner, or certified nurse-midwife, upon the request of any	20218
peace officer or prosecuting attorney and with the consent of the	20219
reported victim or upon the request of the reported victim, shall	20220
examine the person for the purposes of gathering physical evidence	20221
and shall complete any written documentation of the physical	20222
examination. The ~~public~~director of health ~~council~~ shall establish	20223
procedures for gathering evidence under this section.	20224

Each reported victim shall be informed of available venereal	20225
disease, pregnancy, medical, and psychiatric services.	20226

Notwithstanding any other provision of law, a minor may	20227
consent to examination under this section. The consent is not	20228
subject to disaffirmance because of minority, and consent of the	20229
parent, parents, or guardian of the minor is not required for an	20230
examination under this section. However, the hospital shall give	20231
written notice to the parent, parents, or guardian of a minor that	20232
an examination under this section has taken place. The parent,	20233
parents, or guardian of a minor giving consent under this section	20234
are not liable for payment for any services provided under this	20235
section without their consent.	20236

Sec. 2909.21. As used in sections 2909.21 to ~~2909.34~~2909.31	20237
of the Revised Code:	20238

(A) "Act of terrorism" means an act that is committed within	20239
or outside the territorial jurisdiction of this state or the	20240
United States, that constitutes a specified offense if committed	20241
in this state or constitutes an offense in any jurisdiction within	20242
or outside the territorial jurisdiction of the United States	20243
containing all of the essential elements of a specified offense,	20244
and that is intended to do one or more of the following:	20245

(1) Intimidate or coerce a civilian population;

20246

(2) Influence the policy of any government by intimidation or	20247
coercion;	20248

(3) Affect the conduct of any government by the act that	20249
constitutes the offense.	20250

(B) "Biological agent," "delivery system," "toxin," and	20251
"vector" have the same meanings as in section 2917.33 of the	20252
Revised Code.	20253

(C) "Biological weapon" means any biological agent, toxin,	20254
vector, or delivery system or combination of any biological agent	20255
or agents, any toxin or toxins, any vector or vectors, and any	20256
delivery system or systems.	20257

(D) "Chemical weapon" means any one or more of the following:

20258

(1) Any toxic chemical or precursor of a toxic chemical that	20259
is listed in Schedule 1, Schedule 2, or Schedule 3 of the	20260
international "Convention on the Prohibition of the Development,	20261
Production, Stockpiling and Use of Chemical Weapons and on their	20262
Destruction (CWC)," as entered into force on April 29, 1997;	20263

(2) A device specifically designed to cause death or other	20264
harm through the toxic properties of a toxic chemical or precursor	20265
identified in division (D)(1) of this section that would be	20266
created or released as a result of the employment of that device;	20267

(3) Any equipment specifically designed for use directly in	20268
connection with the employment of devices identified in division	20269
(D)(2) of this section.	20270

(E) "Radiological or nuclear weapon" means any device that is	20271
designed to create or release radiation or radioactivity at a	20272
level that is dangerous to human life or in order to cause serious	20273
physical harm to persons as a result of the radiation or	20274
radioactivity created or released.	20275

(F) "Explosive device" has the same meaning as in section	20276
2923.11 of the Revised Code.	20277

(G) "Key component of a binary or multicomponent chemical	20278
system" means the precursor that plays the most important role in	20279
determining the toxic properties of the final product and reacts	20280
rapidly with other chemicals in the binary or multicomponent	20281
chemical system.	20282

(H) ~~"Material assistance" means any of the following:~~

20283

~~(1) Membership in an organization on the United States~~	20284
~~department of state terrorist exclusion list;~~	20285

~~(2) Use of the person's position of prominence within any~~	20286
~~country to persuade others to support an organization on the~~	20287
~~United States department of state terrorist exclusion list;~~	20288

~~(3) Knowingly soliciting funds or other things of value for~~	20289
~~an organization on the United States department of state terrorist~~	20290
~~exclusion list;~~	20291

~~(4) Solicitation of any individual for membership in an~~	20292
~~organization on the United States department of state terrorist~~	20293
~~exclusion list;~~	20294

~~(5) Commission of an act that the person knows, or reasonably~~	20295
~~should have known, affords material support or resources to an~~	20296
~~organization on the United States department of state terrorist~~	20297
~~exclusion list;~~	20298

~~(6) Hiring or compensating a person known by the person~~	20299
~~hiring or providing the compensation to be a member of an~~	20300
~~organization on the United States department of state terrorist~~	20301
~~exclusion list or a person known by the person hiring or providing~~	20302
~~the compensation to be engaged in planning, assisting, or carrying~~	20303
~~out an act of terrorism.~~	20304

~~(I)~~ "Material support or resources" means currency, payment	20305
instruments, other financial securities, funds, transfer of funds,	20306
financial services, communications, lodging, training, safe	20307
houses, false documentation or identification, communications	20308
equipment, facilities, weapons, lethal substances, explosives,	20309
personnel, transportation, and other physical assets, except	20310
medicine or religious materials.	20311

~~(J)~~(I) "Payment instrument" means a check, draft, money	20312
order, traveler's check, cashier's check, teller's check, or other	20313
instrument or order for the transmission or payment of money,	20314
regardless of whether the item in question is negotiable.	20315

~~(K)~~(J) "Peace officer" and "prosecutor" have the same	20316
meanings as in section 2935.01 of the Revised Code.	20317

~~(L)~~(K) "Precursor" means any chemical reactant that takes	20318
part at any stage in the production by whatever method of a toxic	20319
chemical, including any key component of a binary or	20320
multicomponent chemical system.	20321

~~(M)~~(L) "Response costs" means all costs a political	20322
subdivision incurs as a result of, or in making any response to, a	20323
threat of a specified offense made as described in section 2909.23	20324
of the Revised Code or a specified offense committed as described	20325
in section 2909.24 of the Revised Code, including, but not limited	20326
to, all costs so incurred by any law enforcement officers,	20327
firefighters, rescue personnel, or emergency medical services	20328
personnel of the political subdivision and all costs so incurred	20329
by the political subdivision that relate to laboratory testing or	20330
hazardous material cleanup.	20331

~~(N)~~(M) "Specified offense" means any of the following:

20332

(1) A felony offense of violence, a violation of section	20333
2909.04, 2909.081, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27,	20334
2909.28, 2909.29, or 2927.24 of the Revised Code, a felony of the	20335
first degree that is not a violation of any provision in Chapter	20336
2925. or 3719. of the Revised Code;	20337

(2) An attempt to commit, complicity in committing, or a	20338
conspiracy to commit an offense listed in division ~~(N)~~(M)(1) of	20339
this section.	20340

~~(O)~~(N) "Toxic chemical" means any chemical that through its	20341
chemical action on life processes can cause death or serious	20342
physical harm to persons or animals, regardless of its origin or	20343
of its method of production and regardless of whether it is	20344
produced in facilities, in munitions, or elsewhere.	20345

~~(P) "United States department of state terrorist exclusion~~	20346
~~list" and "terrorist exclusion list" means the list compiled by~~	20347
~~the United States secretary of state, in consultation with or upon~~	20348
~~the request of the United States attorney general, that designates~~	20349
~~terrorist organizations for immigration purposes. "United States~~	20350
~~department of state terrorist exclusion list" and "terrorist~~	20351
~~exclusion list" also mean the list of terrorist organizations the~~	20352
~~director of public safety prepares pursuant to rules adopted in~~	20353
~~accordance with Chapter 119. of the Revised Code, that is~~	20354
~~comprised of lists of organizations officials of the United States~~	20355
~~government designate as terrorist, including the "terrorist~~	20356
~~exclusion list" described in this division, the list of "foreign~~	20357
~~terrorist organizations" the Unites States secretary of state~~	20358
~~prepares in consultation with the United States attorney general~~	20359
~~and the United States secretary of the treasury, and the list of~~	20360
~~charities that support terrorist activities, known as "designated~~	20361
~~charities," that the United States department of treasury~~	20362
~~compiles.~~	20363

~~(Q)~~(O) "Hazardous radioactive substance" means any substance	20364
or item that releases or is designed to release radiation or	20365
radioactivity at a level dangerous to human life.	20366

Sec. 2909.28. (A) No person, with the intent to manufacture	20367
a chemical weapon, biological weapon, radiological or nuclear	20368
weapon, or explosive device, shall knowingly assemble or possess	20369
one or more toxins, toxic chemicals, precursors of toxic	20370
chemicals, vectors, biological agents, or hazardous radioactive	20371
substances~~, including, but not limited to, those listed in rules~~	20372
~~the director of public safety adopts,~~ that may be used to	20373
manufacture a chemical weapon, biological weapon, radiological or	20374
nuclear weapon, or explosive device.	20375

(B) In a prosecution under this section, it is not necessary	20376
to allege or prove that the offender assembled or possessed all	20377
chemicals or substances necessary to manufacture a chemical	20378
weapon, biological weapon, radiological or nuclear weapon, or	20379
explosive device. The assembly or possession of a single chemical	20380
or substance, with the intent to use that chemical or substance in	20381
the manufacture of a chemical weapon, biological weapon,	20382
radiological or nuclear weapon, or explosive device, is sufficient	20383
to violate this section.	20384

(C) Whoever violates this section is guilty of illegal	20385
assembly or possession of chemicals or substances for the	20386
manufacture of a chemical weapon, biological weapon, radiological	20387
or nuclear weapon, or explosive device, which is a felony of the	20388
fourth degree.	20389

(D) This section does not apply when the items described in	20390
division (A) of this section are assembled or possessed for a	20391
purpose related to the performance of official duties related to	20392
any military purpose of the United States and any law enforcement	20393
purpose, including any domestic riot control purpose.	20394

Sec. 2927.023. (A) As used in this section ~~"authorized~~:

20395

(1) "Authorized recipient of tobacco products" means a person	20396
who is:	20397

~~(1)~~(a) Licensed as a cigarette wholesale dealer under section	20398
5743.15 of the Revised Code;	20399

~~(2)~~(b) Licensed as a retail dealer as long as the person	20400
purchases cigarettes with the appropriate tax stamp affixed;	20401

~~(3)~~(c) An export warehouse proprietor as defined in section	20402
5702 of the Internal Revenue Code;	20403

~~(4)~~(d) An operator of a customs bonded warehouse under 19	20404
U.S.C. 1311 or 19 U.S.C. 1555;	20405

~~(5)~~(e) An officer, employee, or agent of the federal	20406
government or of this state acting in the person's official	20407
capacity;	20408

~~(6)~~(f) A department, agency, instrumentality, or political	20409
subdivision of the federal government or of this state;	20410

~~(7)~~(g) A person having a consent for consumer shipment issued	20411
by the tax commissioner under section 5743.71 of the Revised Code.	20412

(2) "Motor carrier" has the same meaning as in section	20413
4923.01 of the Revised Code.	20414

The purpose of this section is to prevent the sale of	20415
cigarettes to minors and to ensure compliance with the Master	20416
Settlement Agreement, as defined in section 1346.01 of the Revised	20417
Code.	20418

(B)(1) No person shall cause to be shipped any cigarettes to	20419
any person in this state other than an authorized recipient of	20420
tobacco products.	20421

(2) No ~~common carrier, contract~~motor carrier, or other	20422
person shall knowingly transport cigarettes to any person in this	20423
state that the carrier or other person reasonably believes is not	20424
an authorized recipient of tobacco products. If cigarettes are	20425
transported to a home or residence, it shall be presumed that the	20426
~~common carrier, contract~~motor carrier, or other person knew that	20427
the person to whom the cigarettes were delivered was not an	20428
authorized recipient of tobacco products.	20429

(C) No person engaged in the business of selling cigarettes	20430
who ships or causes to be shipped cigarettes to any person in this	20431
state in any container or wrapping other than the original	20432
container or wrapping of the cigarettes shall fail to plainly and	20433
visibly mark the exterior of the container or wrapping in which	20434
the cigarettes are shipped with the words "cigarettes."	20435

(D) A court shall impose a fine of up to one thousand dollars	20436
for each violation of division (B)(1), (B)(2), or (C) of this	20437
section.	20438

Sec. 2929.01. As used in this chapter:

20439

(A)(1) "Alternative residential facility" means, subject to	20440
division (A)(2) of this section, any facility other than an	20441
offender's home or residence in which an offender is assigned to	20442
live and that satisfies all of the following criteria:	20443

(a) It provides programs through which the offender may seek	20444
or maintain employment or may receive education, training,	20445
treatment, or habilitation.	20446

(b) It has received the appropriate license or certificate	20447
for any specialized education, training, treatment, habilitation,	20448
or other service that it provides from the government agency that	20449
is responsible for licensing or certifying that type of education,	20450
training, treatment, habilitation, or service.	20451

(2) "Alternative residential facility" does not include a	20452
community-based correctional facility, jail, halfway house, or	20453
prison.	20454

(B) "Basic probation supervision" means a requirement that	20455
the offender maintain contact with a person appointed to supervise	20456
the offender in accordance with sanctions imposed by the court or	20457
imposed by the parole board pursuant to section 2967.28 of the	20458
Revised Code. "Basic probation supervision" includes basic parole	20459
supervision and basic post-release control supervision.	20460

(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the	20461
same meanings as in section 2925.01 of the Revised Code.	20462

(D) "Community-based correctional facility" means a	20463
community-based correctional facility and program or district	20464
community-based correctional facility and program developed	20465
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	20466

(E) "Community control sanction" means a sanction that is not	20467
a prison term and that is described in section 2929.15, 2929.16,	20468
2929.17, or 2929.18 of the Revised Code or a sanction that is not	20469
a jail term and that is described in section 2929.26, 2929.27, or	20470
2929.28 of the Revised Code. "Community control sanction" includes	20471
probation if the sentence involved was imposed for a felony that	20472
was committed prior to July 1, 1996, or if the sentence involved	20473
was imposed for a misdemeanor that was committed prior to January	20474
1, 2004.	20475

(F) "Controlled substance," "marihuana," "schedule I," and	20476
"schedule II" have the same meanings as in section 3719.01 of the	20477
Revised Code.	20478

(G) "Curfew" means a requirement that an offender during a	20479
specified period of time be at a designated place.	20480

(H) "Day reporting" means a sanction pursuant to which an	20481
offender is required each day to report to and leave a center or	20482
other approved reporting location at specified times in order to	20483
participate in work, education or training, treatment, and other	20484
approved programs at the center or outside the center.	20485

(I) "Deadly weapon" has the same meaning as in section	20486
2923.11 of the Revised Code.	20487

(J) "Drug and alcohol use monitoring" means a program under	20488
which an offender agrees to submit to random chemical analysis of	20489
the offender's blood, breath, or urine to determine whether the	20490
offender has ingested any alcohol or other drugs.	20491

(K) "Drug treatment program" means any program under which a	20492
person undergoes assessment and treatment designed to reduce or	20493
completely eliminate the person's physical or emotional reliance	20494
upon alcohol, another drug, or alcohol and another drug and under	20495
which the person may be required to receive assessment and	20496
treatment on an outpatient basis or may be required to reside at a	20497
facility other than the person's home or residence while	20498
undergoing assessment and treatment.	20499

(L) "Economic loss" means any economic detriment suffered by	20500
a victim as a direct and proximate result of the commission of an	20501
offense and includes any loss of income due to lost time at work	20502
because of any injury caused to the victim, and any property loss,	20503
medical cost, or funeral expense incurred as a result of the	20504
commission of the offense. "Economic loss" does not include	20505
non-economic loss or any punitive or exemplary damages.	20506

(M) "Education or training" includes study at, or in	20507
conjunction with a program offered by, a university, college, or	20508
technical college or vocational study and also includes the	20509
completion of primary school, secondary school, and literacy	20510
curricula or their equivalent.	20511

(N) "Firearm" has the same meaning as in section 2923.11 of	20512
the Revised Code.	20513

(O) "Halfway house" means a facility licensed by the division	20514
of parole and community services of the department of	20515
rehabilitation and correction pursuant to section 2967.14 of the	20516
Revised Code as a suitable facility for the care and treatment of	20517
adult offenders.	20518

(P) "House arrest" means a period of confinement of an	20519
offender that is in the offender's home or in other premises	20520
specified by the sentencing court or by the parole board pursuant	20521
to section 2967.28 of the Revised Code and during which all of the	20522
following apply:	20523

(1) The offender is required to remain in the offender's home	20524
or other specified premises for the specified period of	20525
confinement, except for periods of time during which the offender	20526
is at the offender's place of employment or at other premises as	20527
authorized by the sentencing court or by the parole board.	20528

(2) The offender is required to report periodically to a	20529
person designated by the court or parole board.	20530

(3) The offender is subject to any other restrictions and	20531
requirements that may be imposed by the sentencing court or by the	20532
parole board.	20533

(Q) "Intensive probation supervision" means a requirement	20534
that an offender maintain frequent contact with a person appointed	20535
by the court, or by the parole board pursuant to section 2967.28	20536
of the Revised Code, to supervise the offender while the offender	20537
is seeking or maintaining necessary employment and participating	20538
in training, education, and treatment programs as required in the	20539
court's or parole board's order. "Intensive probation supervision"	20540
includes intensive parole supervision and intensive post-release	20541
control supervision.	20542

(R) "Jail" means a jail, workhouse, minimum security jail, or	20543
other residential facility used for the confinement of alleged or	20544
convicted offenders that is operated by a political subdivision or	20545
a combination of political subdivisions of this state.	20546

(S) "Jail term" means the term in a jail that a sentencing	20547
court imposes or is authorized to impose pursuant to section	20548
2929.24 or 2929.25 of the Revised Code or pursuant to any other	20549
provision of the Revised Code that authorizes a term in a jail for	20550
a misdemeanor conviction.	20551

(T) "Mandatory jail term" means the term in a jail that a	20552
sentencing court is required to impose pursuant to division (G) of	20553
section 1547.99 of the Revised Code, division (E) of section	20554
2903.06 or division (D) of section 2903.08 of the Revised Code,	20555
division (E) or (G) of section 2929.24 of the Revised Code,	20556
division (B) of section 4510.14 of the Revised Code, or division	20557
(G) of section 4511.19 of the Revised Code or pursuant to any	20558
other provision of the Revised Code that requires a term in a jail	20559
for a misdemeanor conviction.	20560

(U) "Delinquent child" has the same meaning as in section	20561
2152.02 of the Revised Code.	20562

(V) "License violation report" means a report that is made by	20563
a sentencing court, or by the parole board pursuant to section	20564
2967.28 of the Revised Code, to the regulatory or licensing board	20565
or agency that issued an offender a professional license or a	20566
license or permit to do business in this state and that specifies	20567
that the offender has been convicted of or pleaded guilty to an	20568
offense that may violate the conditions under which the offender's	20569
professional license or license or permit to do business in this	20570
state was granted or an offense for which the offender's	20571
professional license or license or permit to do business in this	20572
state may be revoked or suspended.	20573

(W) "Major drug offender" means an offender who is convicted	20574
of or pleads guilty to the possession of, sale of, or offer to	20575
sell any drug, compound, mixture, preparation, or substance that	20576
consists of or contains at least one thousand grams of hashish; at	20577
least one hundred grams of cocaine; at least two thousand five	20578
hundred unit doses or two hundred fifty grams of heroin; at least	20579
five thousand unit doses of L.S.D. or five hundred grams of L.S.D.	20580
in a liquid concentrate, liquid extract, or liquid distillate	20581
form; or at least one hundred times the amount of any other	20582
schedule I or II controlled substance other than marihuana that is	20583
necessary to commit a felony of the third degree pursuant to	20584
section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised Code	20585
that is based on the possession of, sale of, or offer to sell the	20586
controlled substance.	20587

(X) "Mandatory prison term" means any of the following:

20588

(1) Subject to division (X)(2) of this section, the term in	20589
prison that must be imposed for the offenses or circumstances set	20590
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	20591
2929.13 and division (B) of section 2929.14 of the Revised Code.	20592
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	20593
and 2925.11 of the Revised Code, unless the maximum or another	20594
specific term is required under section 2929.14 or 2929.142 of the	20595
Revised Code, a mandatory prison term described in this division	20596
may be any prison term authorized for the level of offense.	20597

(2) The term of sixty or one hundred twenty days in prison	20598
that a sentencing court is required to impose for a third or	20599
fourth degree felony OVI offense pursuant to division (G)(2) of	20600
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	20601
of the Revised Code or the term of one, two, three, four, or five	20602
years in prison that a sentencing court is required to impose	20603
pursuant to division (G)(2) of section 2929.13 of the Revised	20604
Code.	20605

(3) The term in prison imposed pursuant to division (A) of	20606
section 2971.03 of the Revised Code for the offenses and in the	20607
circumstances described in division (F)(11) of section 2929.13 of	20608
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	20609
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	20610
2971.03 of the Revised Code and that term as modified or	20611
terminated pursuant to section 2971.05 of the Revised Code.	20612

(Y) "Monitored time" means a period of time during which an	20613
offender continues to be under the control of the sentencing court	20614
or parole board, subject to no conditions other than leading a	20615
law-abiding life.	20616

(Z) "Offender" means a person who, in this state, is	20617
convicted of or pleads guilty to a felony or a misdemeanor.	20618

(AA) "Prison" means a residential facility used for the	20619
confinement of convicted felony offenders that is under the	20620
control of the department of rehabilitation and correction but	20621
does not include a violation sanction center operated under	20622
authority of section 2967.141 of the Revised Code.	20623

(BB) "Prison term" includes either of the following sanctions	20624
for an offender:	20625

(1) A stated prison term;

20626

(2) A term in a prison shortened by, or with the approval of,	20627
the sentencing court pursuant to section 2929.143, 2929.20,	20628
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	20629

(CC) "Repeat violent offender" means a person about whom both	20630
of the following apply:	20631

(1) The person is being sentenced for committing or for	20632
complicity in committing any of the following:	20633

(a) Aggravated murder, murder, any felony of the first or	20634
second degree that is an offense of violence, or an attempt to	20635
commit any of these offenses if the attempt is a felony of the	20636
first or second degree;	20637

(b) An offense under an existing or former law of this state,	20638
another state, or the United States that is or was substantially	20639
equivalent to an offense described in division (CC)(1)(a) of this	20640
section.	20641

(2) The person previously was convicted of or pleaded guilty	20642
to an offense described in division (CC)(1)(a) or (b) of this	20643
section.	20644

(DD) "Sanction" means any penalty imposed upon an offender	20645
who is convicted of or pleads guilty to an offense, as punishment	20646
for the offense. "Sanction" includes any sanction imposed pursuant	20647
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	20648
2929.28 of the Revised Code.	20649

(EE) "Sentence" means the sanction or combination of	20650
sanctions imposed by the sentencing court on an offender who is	20651
convicted of or pleads guilty to an offense.	20652

(FF) "Stated prison term" means the prison term, mandatory	20653
prison term, or combination of all prison terms and mandatory	20654
prison terms imposed by the sentencing court pursuant to section	20655
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	20656
2919.25 of the Revised Code. "Stated prison term" includes any	20657
credit received by the offender for time spent in jail awaiting	20658
trial, sentencing, or transfer to prison for the offense and any	20659
time spent under house arrest or house arrest with electronic	20660
monitoring imposed after earning credits pursuant to section	20661
2967.193 of the Revised Code. If an offender is serving a prison	20662
term as a risk reduction sentence under sections 2929.143 and	20663
5120.036 of the Revised Code, "stated prison term" includes any	20664
period of time by which the prison term imposed upon the offender	20665
is shortened by the offender's successful completion of all	20666
assessment and treatment or programming pursuant to those	20667
sections.	20668

(GG) "Victim-offender mediation" means a reconciliation or	20669
mediation program that involves an offender and the victim of the	20670
offense committed by the offender and that includes a meeting in	20671
which the offender and the victim may discuss the offense, discuss	20672
restitution, and consider other sanctions for the offense.	20673

(HH) "Fourth degree felony OVI offense" means a violation of	20674
division (A) of section 4511.19 of the Revised Code that, under	20675
division (G) of that section, is a felony of the fourth degree.	20676

(II) "Mandatory term of local incarceration" means the term	20677
of sixty or one hundred twenty days in a jail, a community-based	20678
correctional facility, a halfway house, or an alternative	20679
residential facility that a sentencing court may impose upon a	20680
person who is convicted of or pleads guilty to a fourth degree	20681
felony OVI offense pursuant to division (G)(1) of section 2929.13	20682
of the Revised Code and division (G)(1)(d) or (e) of section	20683
4511.19 of the Revised Code.	20684

(JJ) "Designated homicide, assault, or kidnapping offense,"	20685
"violent sex offense," "sexual motivation specification,"	20686
"sexually violent offense," "sexually violent predator," and	20687
"sexually violent predator specification" have the same meanings	20688
as in section 2971.01 of the Revised Code.	20689

(KK) "Sexually oriented offense," "child-victim oriented	20690
offense," and "tier III sex offender/child-victim offender," have	20691
the same meanings as in section 2950.01 of the Revised Code.	20692

(LL) An offense is "committed in the vicinity of a child" if	20693
the offender commits the offense within thirty feet of or within	20694
the same residential unit as a child who is under eighteen years	20695
of age, regardless of whether the offender knows the age of the	20696
child or whether the offender knows the offense is being committed	20697
within thirty feet of or within the same residential unit as the	20698
child and regardless of whether the child actually views the	20699
commission of the offense.	20700

(MM) "Family or household member" has the same meaning as in	20701
section 2919.25 of the Revised Code.	20702

(NN) "Motor vehicle" and "manufactured home" have the same	20703
meanings as in section 4501.01 of the Revised Code.	20704

(OO) "Detention" and "detention facility" have the same	20705
meanings as in section 2921.01 of the Revised Code.	20706

(PP) "Third degree felony OVI offense" means a violation of	20707
division (A) of section 4511.19 of the Revised Code that, under	20708
division (G) of that section, is a felony of the third degree.	20709

(QQ) "Random drug testing" has the same meaning as in section	20710
5120.63 of the Revised Code.	20711

(RR) "Felony sex offense" has the same meaning as in section	20712
2967.28 of the Revised Code.	20713

(SS) "Body armor" has the same meaning as in section	20714
2941.1411 of the Revised Code.	20715

(TT) "Electronic monitoring" means monitoring through the use	20716
of an electronic monitoring device.	20717

(UU) "Electronic monitoring device" means any of the	20718
following:	20719

(1) Any device that can be operated by electrical or battery	20720
power and that conforms with all of the following:	20721

(a) The device has a transmitter that can be attached to a	20722
person, that will transmit a specified signal to a receiver of the	20723
type described in division (UU)(1)(b) of this section if the	20724
transmitter is removed from the person, turned off, or altered in	20725
any manner without prior court approval in relation to electronic	20726
monitoring or without prior approval of the department of	20727
rehabilitation and correction in relation to the use of an	20728
electronic monitoring device for an inmate on transitional control	20729
or otherwise is tampered with, that can transmit continuously and	20730
periodically a signal to that receiver when the person is within a	20731
specified distance from the receiver, and that can transmit an	20732
appropriate signal to that receiver if the person to whom it is	20733
attached travels a specified distance from that receiver.	20734

(b) The device has a receiver that can receive continuously	20735
the signals transmitted by a transmitter of the type described in	20736
division (UU)(1)(a) of this section, can transmit continuously	20737
those signals by a wireless or landline telephone connection to a	20738
central monitoring computer of the type described in division	20739
(UU)(1)(c) of this section, and can transmit continuously an	20740
appropriate signal to that central monitoring computer if the	20741
device has been turned off or altered without prior court approval	20742
or otherwise tampered with. The device is designed specifically	20743
for use in electronic monitoring, is not a converted wireless	20744
phone or another tracking device that is clearly not designed for	20745
electronic monitoring, and provides a means of text-based or voice	20746
communication with the person.	20747

(c) The device has a central monitoring computer that can	20748
receive continuously the signals transmitted by a wireless or	20749
landline telephone connection by a receiver of the type described	20750
in division (UU)(1)(b) of this section and can monitor	20751
continuously the person to whom an electronic monitoring device of	20752
the type described in division (UU)(1)(a) of this section is	20753
attached.	20754

(2) Any device that is not a device of the type described in	20755
division (UU)(1) of this section and that conforms with all of the	20756
following:	20757

(a) The device includes a transmitter and receiver that can	20758
monitor and determine the location of a subject person at any	20759
time, or at a designated point in time, through the use of a	20760
central monitoring computer or through other electronic means.	20761

(b) The device includes a transmitter and receiver that can	20762
determine at any time, or at a designated point in time, through	20763
the use of a central monitoring computer or other electronic means	20764
the fact that the transmitter is turned off or altered in any	20765
manner without prior approval of the court in relation to the	20766
electronic monitoring or without prior approval of the department	20767
of rehabilitation and correction in relation to the use of an	20768
electronic monitoring device for an inmate on transitional control	20769
or otherwise is tampered with.	20770

(3) Any type of technology that can adequately track or	20771
determine the location of a subject person at any time and that is	20772
approved by the director of rehabilitation and correction,	20773
including, but not limited to, any satellite technology, voice	20774
tracking system, or retinal scanning system that is so approved.	20775

(VV) "Non-economic loss" means nonpecuniary harm suffered by	20776
a victim of an offense as a result of or related to the commission	20777
of the offense, including, but not limited to, pain and suffering;	20778
loss of society, consortium, companionship, care, assistance,	20779
attention, protection, advice, guidance, counsel, instruction,	20780
training, or education; mental anguish; and any other intangible	20781
loss.	20782

(WW) "Prosecutor" has the same meaning as in section 2935.01	20783
of the Revised Code.	20784

(XX) "Continuous alcohol monitoring" means the ability to	20785
automatically test and periodically transmit alcohol consumption	20786
levels and tamper attempts at least every hour, regardless of the	20787
location of the person who is being monitored.	20788

(YY) A person is "adjudicated a sexually violent predator" if	20789
the person is convicted of or pleads guilty to a violent sex	20790
offense and also is convicted of or pleads guilty to a sexually	20791
violent predator specification that was included in the	20792
indictment, count in the indictment, or information charging that	20793
violent sex offense or if the person is convicted of or pleads	20794
guilty to a designated homicide, assault, or kidnapping offense	20795
and also is convicted of or pleads guilty to both a sexual	20796
motivation specification and a sexually violent predator	20797
specification that were included in the indictment, count in the	20798
indictment, or information charging that designated homicide,	20799
assault, or kidnapping offense.	20800

(ZZ) An offense is "committed in proximity to a school" if	20801
the offender commits the offense in a school safety zone or within	20802
five hundred feet of any school building or the boundaries of any	20803
school premises, regardless of whether the offender knows the	20804
offense is being committed in a school safety zone or within five	20805
hundred feet of any school building or the boundaries of any	20806
school premises.	20807

(AAA) "Human trafficking" means a scheme or plan to which	20808
all of the following apply:	20809

(1) Its object is to subject a victim or victims to	20810
involuntary servitude, as defined in section 2905.31 of the	20811
Revised Code, to compel a victim or victims to engage in sexual	20812
activity for hire, to engage in a performance that is obscene,	20813
sexually oriented, or nudity oriented, or to be a model or	20814
participant in the production of material that is obscene,	20815
sexually oriented, or nudity oriented.	20816

(2) It involves at least two felony offenses, whether or not	20817
there has been a prior conviction for any of the felony offenses,	20818
to which all of the following apply:	20819

(a) Each of the felony offenses is a violation of section	20820
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	20821
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	20822
(4), or (5) of section 2919.22 of the Revised Code or is a	20823
violation of a law of any state other than this state that is	20824
substantially similar to any of the sections or divisions of the	20825
Revised Code identified in this division.	20826

(b) At least one of the felony offenses was committed in this	20827
state.	20828

(c) The felony offenses are related to the same scheme or	20829
plan and are not isolated instances.	20830

(BBB) "Material," "nudity," "obscene," "performance," and	20831
"sexual activity" have the same meanings as in section 2907.01 of	20832
the Revised Code.	20833

(CCC) "Material that is obscene, sexually oriented, or nudity	20834
oriented" means any material that is obscene, that shows a person	20835
participating or engaging in sexual activity, masturbation, or	20836
bestiality, or that shows a person in a state of nudity.	20837

(DDD) "Performance that is obscene, sexually oriented, or	20838
nudity oriented" means any performance that is obscene, that shows	20839
a person participating or engaging in sexual activity,	20840
masturbation, or bestiality, or that shows a person in a state of	20841
nudity.	20842

Sec. 2929.19. (A) The court shall hold a sentencing hearing	20843
before imposing a sentence under this chapter upon an offender who	20844
was convicted of or pleaded guilty to a felony and before	20845
resentencing an offender who was convicted of or pleaded guilty to	20846
a felony and whose case was remanded pursuant to section 2953.07	20847
or 2953.08 of the Revised Code. At the hearing, the offender, the	20848
prosecuting attorney, the victim or the victim's representative in	20849
accordance with section 2930.14 of the Revised Code, and, with the	20850
approval of the court, any other person may present information	20851
relevant to the imposition of sentence in the case. The court	20852
shall inform the offender of the verdict of the jury or finding of	20853
the court and ask the offender whether the offender has anything	20854
to say as to why sentence should not be imposed upon the offender.	20855

(B)(1) At the sentencing hearing, the court, before imposing	20856
sentence, shall consider the record, any information presented at	20857
the hearing by any person pursuant to division (A) of this	20858
section, and, if one was prepared, the presentence investigation	20859
report made pursuant to section 2951.03 of the Revised Code or	20860
Criminal Rule 32.2, and any victim impact statement made pursuant	20861
to section 2947.051 of the Revised Code.	20862

(2) Subject to division (B)(3) of this section, if the	20863
sentencing court determines at the sentencing hearing that a	20864
prison term is necessary or required, the court shall do all of	20865
the following:	20866

(a) Impose a stated prison term and, if the court imposes a	20867
mandatory prison term, notify the offender that the prison term is	20868
a mandatory prison term;	20869

(b) In addition to any other information, include in the	20870
sentencing entry the name and section reference to the offense or	20871
offenses, the sentence or sentences imposed and whether the	20872
sentence or sentences contain mandatory prison terms, if sentences	20873
are imposed for multiple counts whether the sentences are to be	20874
served concurrently or consecutively, and the name and section	20875
reference of any specification or specifications for which	20876
sentence is imposed and the sentence or sentences imposed for the	20877
specification or specifications;	20878

(c) Notify the offender that the offender will be supervised	20879
under section 2967.28 of the Revised Code after the offender	20880
leaves prison if the offender is being sentenced for a felony of	20881
the first degree or second degree, for a felony sex offense, or	20882
for a felony of the third degree that is not a felony sex offense	20883
and in the commission of which the offender caused or threatened	20884
to cause physical harm to a person. This division applies with	20885
respect to all prison terms imposed for an offense of a type	20886
described in this division, including a term imposed for any such	20887
offense that is a risk reduction sentence, as defined in section	20888
2967.28 of the Revised Code. If a court imposes a sentence	20889
including a prison term of a type described in division (B)(2)(c)	20890
of this section on or after July 11, 2006, the failure of a court	20891
to notify the offender pursuant to division (B)(2)(c) of this	20892
section that the offender will be supervised under section 2967.28	20893
of the Revised Code after the offender leaves prison or to include	20894
in the judgment of conviction entered on the journal a statement	20895
to that effect does not negate, limit, or otherwise affect the	20896
mandatory period of supervision that is required for the offender	20897
under division (B) of section 2967.28 of the Revised Code. Section	20898
2929.191 of the Revised Code applies if, prior to July 11, 2006, a	20899
court imposed a sentence including a prison term of a type	20900
described in division (B)(2)(c) of this section and failed to	20901
notify the offender pursuant to division (B)(2)(c) of this section	20902
regarding post-release control or to include in the judgment of	20903
conviction entered on the journal or in the sentence a statement	20904
regarding post-release control.	20905

(d) Notify the offender that the offender may be supervised	20906
under section 2967.28 of the Revised Code after the offender	20907
leaves prison if the offender is being sentenced for a felony of	20908
the third, fourth, or fifth degree that is not subject to division	20909
(B)(2)(c) of this section. This division applies with respect to	20910
all prison terms imposed for an offense of a type described in	20911
this division, including a term imposed for any such offense that	20912
is a risk reduction sentence, as defined in section 2967.28 of the	20913
Revised Code. Section 2929.191 of the Revised Code applies if,	20914
prior to July 11, 2006, a court imposed a sentence including a	20915
prison term of a type described in division (B)(2)(d) of this	20916
section and failed to notify the offender pursuant to division	20917
(B)(2)(d) of this section regarding post-release control or to	20918
include in the judgment of conviction entered on the journal or in	20919
the sentence a statement regarding post-release control.	20920

(e) Notify the offender that, if a period of supervision is	20921
imposed following the offender's release from prison, as described	20922
in division (B)(2)(c) or (d) of this section, and if the offender	20923
violates that supervision or a condition of post-release control	20924
imposed under division (B) of section 2967.131 of the Revised	20925
Code, the parole board may impose a prison term, as part of the	20926
sentence, of up to one-half of the stated prison term originally	20927
imposed upon the offender. If a court imposes a sentence including	20928
a prison term on or after July 11, 2006, the failure of a court to	20929
notify the offender pursuant to division (B)(2)(e) of this section	20930
that the parole board may impose a prison term as described in	20931
division (B)(2)(e) of this section for a violation of that	20932
supervision or a condition of post-release control imposed under	20933
division (B) of section 2967.131 of the Revised Code or to include	20934
in the judgment of conviction entered on the journal a statement	20935
to that effect does not negate, limit, or otherwise affect the	20936
authority of the parole board to so impose a prison term for a	20937
violation of that nature if, pursuant to division (D)(1) of	20938
section 2967.28 of the Revised Code, the parole board notifies the	20939
offender prior to the offender's release of the board's authority	20940
to so impose a prison term. Section 2929.191 of the Revised Code	20941
applies if, prior to July 11, 2006, a court imposed a sentence	20942
including a prison term and failed to notify the offender pursuant	20943
to division (B)(2)(e) of this section regarding the possibility of	20944
the parole board imposing a prison term for a violation of	20945
supervision or a condition of post-release control.	20946

(f) Require that the offender not ingest or be injected with	20947
a drug of abuse and submit to random drug testing as provided in	20948
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	20949
is applicable to the offender who is serving a prison term, and	20950
require that the results of the drug test administered under any	20951
of those sections indicate that the offender did not ingest or was	20952
not injected with a drug of abuse.	20953

(g) Include in the offender's sentence a statement notifying	20954
the offender of the information described in division (F)(3) of	20955
section 2929.14 of the Revised Code regarding earned credits under	20956
section 2967.193 of the Revised Code.	20957

(h)(i) Determine, notify the offender of, and include in the	20958
sentencing entry the number of days that the offender has been	20959
confined for any reason arising out of the offense for which the	20960
offender is being sentenced and by which the department of	20961
rehabilitation and correction must reduce the stated prison term	20962
under section 2967.191 of the Revised Code. The court's	20963
calculation shall not include the number of days, if any, that the	20964
offender previously served in the custody of the department of	20965
rehabilitation and correction arising out of the offense for which	20966
the prisoner was convicted and sentenced.	20967

(ii) In making a determination under division (B)(2)(h)(i) of	20968
this section, the court shall consider the arguments of the	20969
parties and conduct a hearing if one is requested.	20970

(iii) The sentencing court retains continuing jurisdiction to	20971
correct any error not previously raised at sentencing in making a	20972
determination under division (B)(2)(h)(i) of this section. The	20973
offender may, at any time after sentencing, file a motion in the	20974
sentencing court to correct any error made in making a	20975
determination under division (B)(2)(h)(i) of this section, and the	20976
court may in its discretion grant or deny that motion. If the	20977
court changes the number of days in its determination or	20978
redetermination, the court shall cause the entry granting that	20979
change to be delivered to the department of rehabilitation and	20980
correction without delay. Sections 2931.15 and 2953.21 of the	20981
Revised Code do not apply to a motion made under this section.	20982

(iv) An inaccurate determination under division (B)(2)(h)(i)	20983
of this section is not grounds for setting aside the offender's	20984
conviction or sentence and does not otherwise render the sentence	20985
void or voidable.	20986

(3)(a) The court shall include in the offender's sentence a	20987
statement that the offender is a tier III sex	20988
offender/child-victim offender, and the court shall comply with	20989
the requirements of section 2950.03 of the Revised Code if any of	20990
the following apply:	20991

(i) The offender is being sentenced for a violent sex offense	20992
or designated homicide, assault, or kidnapping offense that the	20993
offender committed on or after January 1, 1997, and the offender	20994
is adjudicated a sexually violent predator in relation to that	20995
offense.	20996

(ii) The offender is being sentenced for a sexually oriented	20997
offense that the offender committed on or after January 1, 1997,	20998
and the offender is a tier III sex offender/child-victim offender	20999
relative to that offense.	21000

(iii) The offender is being sentenced on or after July 31,	21001
2003, for a child-victim oriented offense, and the offender is a	21002
tier III sex offender/child-victim offender relative to that	21003
offense.	21004

(iv) The offender is being sentenced under section 2971.03 of	21005
the Revised Code for a violation of division (A)(1)(b) of section	21006
2907.02 of the Revised Code committed on or after January 2, 2007.	21007

(v) The offender is sentenced to a term of life without	21008
parole under division (B) of section 2907.02 of the Revised Code.	21009

(vi) The offender is being sentenced for attempted rape	21010
committed on or after January 2, 2007, and a specification of the	21011
type described in section 2941.1418, 2941.1419, or 2941.1420 of	21012
the Revised Code.	21013

(vii) The offender is being sentenced under division	21014
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	21015
for an offense described in those divisions committed on or after	21016
January 1, 2008.	21017

(b) Additionally, if any criterion set forth in divisions	21018
(B)(3)(a)(i) to (vii) of this section is satisfied, in the	21019
circumstances described in division (E) of section 2929.14 of the	21020
Revised Code, the court shall impose sentence on the offender as	21021
described in that division.	21022

(4) If the sentencing court determines at the sentencing	21023
hearing that a community control sanction should be imposed and	21024
the court is not prohibited from imposing a community control	21025
sanction, the court shall impose a community control sanction. The	21026
court shall notify the offender that, if the conditions of the	21027
sanction are violated, if the offender commits a violation of any	21028
law, or if the offender leaves this state without the permission	21029
of the court or the offender's probation officer, the court may	21030
impose a longer time under the same sanction, may impose a more	21031
restrictive sanction, or may impose a prison term on the offender	21032
and shall indicate the specific prison term that may be imposed as	21033
a sanction for the violation, as selected by the court from the	21034
range of prison terms for the offense pursuant to section 2929.14	21035
of the Revised Code.	21036

(5) Before imposing a financial sanction under section	21037
2929.18 of the Revised Code or a fine under section 2929.32 of the	21038
Revised Code, the court shall consider the offender's present and	21039
future ability to pay the amount of the sanction or fine.	21040

(6) If the sentencing court sentences the offender to a	21041
sanction of confinement pursuant to section 2929.14 or 2929.16 of	21042
the Revised Code that is to be served in a local detention	21043
facility, as defined in section 2929.36 of the Revised Code, and	21044
if the local detention facility is covered by a policy adopted	21045
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	21046
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	21047
and section 2929.37 of the Revised Code, both of the following	21048
apply:	21049

(a) The court shall specify both of the following as part of	21050
the sentence:	21051

(i) If the offender is presented with an itemized bill	21052
pursuant to section 2929.37 of the Revised Code for payment of the	21053
costs of confinement, the offender is required to pay the bill in	21054
accordance with that section.	21055

(ii) If the offender does not dispute the bill described in	21056
division (B)(6)(a)(i) of this section and does not pay the bill by	21057
the times specified in section 2929.37 of the Revised Code, the	21058
clerk of the court may issue a certificate of judgment against the	21059
offender as described in that section.	21060

(b) The sentence automatically includes any certificate of	21061
judgment issued as described in division (B)(6)(a)(ii) of this	21062
section.	21063

(7) The failure of the court to notify the offender that a	21064
prison term is a mandatory prison term pursuant to division	21065
(B)(2)(a) of this section or to include in the sentencing entry	21066
any information required by division (B)(2)(b) of this section	21067
does not affect the validity of the imposed sentence or sentences.	21068
If the sentencing court notifies the offender at the sentencing	21069
hearing that a prison term is mandatory but the sentencing entry	21070
does not specify that the prison term is mandatory, the court may	21071
complete a corrected journal entry and send copies of the	21072
corrected entry to the offender and the department of	21073
rehabilitation and correction, or, at the request of the state,	21074
the court shall complete a corrected journal entry and send copies	21075
of the corrected entry to the offender and department of	21076
rehabilitation and correction.	21077

(C)(1) If the offender is being sentenced for a fourth degree	21078
felony OVI offense under division (G)(1) of section 2929.13 of the	21079
Revised Code, the court shall impose the mandatory term of local	21080
incarceration in accordance with that division, shall impose a	21081
mandatory fine in accordance with division (B)(3) of section	21082
2929.18 of the Revised Code, and, in addition, may impose	21083
additional sanctions as specified in sections 2929.15, 2929.16,	21084
2929.17, and 2929.18 of the Revised Code. The court shall not	21085
impose a prison term on the offender except that the court may	21086
impose a prison term upon the offender as provided in division	21087
(A)(1) of section 2929.13 of the Revised Code.	21088

(2) If the offender is being sentenced for a third or fourth	21089
degree felony OVI offense under division (G)(2) of section 2929.13	21090
of the Revised Code, the court shall impose the mandatory prison	21091
term in accordance with that division, shall impose a mandatory	21092
fine in accordance with division (B)(3) of section 2929.18 of the	21093
Revised Code, and, in addition, may impose an additional prison	21094
term as specified in section 2929.14 of the Revised Code. In	21095
addition to the mandatory prison term or mandatory prison term and	21096
additional prison term the court imposes, the court also may	21097
impose a community control sanction on the offender, but the	21098
offender shall serve all of the prison terms so imposed prior to	21099
serving the community control sanction.	21100

(D) The sentencing court, pursuant to division (I)(1) of	21101
section 2929.14 of the Revised Code, may recommend placement of	21102
the offender in a program of shock incarceration under section	21103
5120.031 of the Revised Code or an intensive program prison under	21104
section 5120.032 of the Revised Code, disapprove placement of the	21105
offender in a program or prison of that nature, or make no	21106
recommendation. If the court recommends or disapproves placement,	21107
it shall make a finding that gives its reasons for its	21108
recommendation or disapproval.	21109

Sec. 2935.01. As used in this chapter:

21110

(A) "Magistrate" has the same meaning as in section 2931.01	21111
of the Revised Code.	21112

(B) "Peace officer" includes, except as provided in section	21113
2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal;	21114
deputy marshal; member of the organized police department of any	21115
municipal corporation, including a member of the organized police	21116
department of a municipal corporation in an adjoining state	21117
serving in Ohio under a contract pursuant to section 737.04 of the	21118
Revised Code; member of a police force employed by a metropolitan	21119
housing authority under division (D) of section 3735.31 of the	21120
Revised Code; member of a police force employed by a regional	21121
transit authority under division (Y) of section 306.05 of the	21122
Revised Code; state university law enforcement officer appointed	21123
under section 3345.04 of the Revised Code; enforcement agent of	21124
the department of public safety designated under section 5502.14	21125
of the Revised Code; employee of the department of taxation to	21126
whom investigation powers have been delegated under section	21127
5743.45 of the Revised Code; employee of the department of natural	21128
resources who is a natural resources law enforcement staff officer	21129
designated pursuant to section 1501.013 of the Revised Code, a	21130
forest officer designated pursuant to section 1503.29 of the	21131
Revised Code, a preserve officer designated pursuant to section	21132
1517.10 of the Revised Code, a wildlife officer designated	21133
pursuant to section 1531.13 of the Revised Code, a park officer	21134
designated pursuant to section 1541.10 of the Revised Code, or a	21135
state watercraft officer designated pursuant to section 1547.521	21136
of the Revised Code; individual designated to perform law	21137
enforcement duties under section 511.232, 1545.13, or 6101.75 of	21138
the Revised Code; veterans' home police officer appointed under	21139
section 5907.02 of the Revised Code; special police officer	21140
employed by a port authority under section 4582.04 or 4582.28 of	21141
the Revised Code; police constable of any township; police officer	21142
of a township or joint police district; a special police officer	21143
employed by a municipal corporation at a municipal airport, or	21144
other municipal air navigation facility, that has scheduled	21145
operations, as defined in section 119.3 of Title 14 of the Code of	21146
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	21147
required to be under a security program and is governed by	21148
aviation security rules of the transportation security	21149
administration of the United States department of transportation	21150
as provided in Parts 1542. and 1544. of Title 49 of the Code of	21151
Federal Regulations, as amended; the house of representatives	21152
sergeant at arms if the house of representatives sergeant at arms	21153
has arrest authority pursuant to division (E)(1) of section	21154
101.311 of the Revised Code; ~~and~~ an assistant house of	21155
representatives sergeant at arms; the senate sergeant at arms; an	21156
assistant senate sergeant at arms; officer or employee of the	21157
bureau of criminal identification and investigation established	21158
pursuant to section 109.51 of the Revised Code who has been	21159
awarded a certificate by the executive director of the Ohio peace	21160
officer training commission attesting to the officer's or	21161
employee's satisfactory completion of an approved state, county,	21162
municipal, or department of natural resources peace officer basic	21163
training program and who is providing assistance upon request to a	21164
law enforcement officer or emergency assistance to a peace officer	21165
pursuant to section 109.54 or 109.541 of the Revised Code; a state	21166
fire marshal law enforcement officer described in division (A)(23)	21167
of section 109.71 of the Revised Code; and, for the purpose of	21168
arrests within those areas, for the purposes of Chapter 5503. of	21169
the Revised Code, and the filing of and service of process	21170
relating to those offenses witnessed or investigated by them, the	21171
superintendent and troopers of the state highway patrol.	21172

(C) "Prosecutor" includes the county prosecuting attorney and	21173
any assistant prosecutor designated to assist the county	21174
prosecuting attorney, and, in the case of courts inferior to	21175
courts of common pleas, includes the village solicitor, city	21176
director of law, or similar chief legal officer of a municipal	21177
corporation, any such officer's assistants, or any attorney	21178
designated by the prosecuting attorney of the county to appear for	21179
the prosecution of a given case.	21180

(D) "Offense," except where the context specifically	21181
indicates otherwise, includes felonies, misdemeanors, and	21182
violations of ordinances of municipal corporations and other	21183
public bodies authorized by law to adopt penal regulations.	21184

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	21185
deputy marshal, municipal police officer, township constable,	21186
police officer of a township or joint police district, member of a	21187
police force employed by a metropolitan housing authority under	21188
division (D) of section 3735.31 of the Revised Code, member of a	21189
police force employed by a regional transit authority under	21190
division (Y) of section 306.35 of the Revised Code, state	21191
university law enforcement officer appointed under section 3345.04	21192
of the Revised Code, veterans' home police officer appointed under	21193
section 5907.02 of the Revised Code, special police officer	21194
employed by a port authority under section 4582.04 or 4582.28 of	21195
the Revised Code, or a special police officer employed by a	21196
municipal corporation at a municipal airport, or other municipal	21197
air navigation facility, that has scheduled operations, as defined	21198
in section 119.3 of Title 14 of the Code of Federal Regulations,	21199
14 C.F.R. 119.3, as amended, and that is required to be under a	21200
security program and is governed by aviation security rules of the	21201
transportation security administration of the United States	21202
department of transportation as provided in Parts 1542. and 1544.	21203
of Title 49 of the Code of Federal Regulations, as amended, shall	21204
arrest and detain, until a warrant can be obtained, a person found	21205
violating, within the limits of the political subdivision,	21206
metropolitan housing authority housing project, regional transit	21207
authority facilities or areas of a municipal corporation that have	21208
been agreed to by a regional transit authority and a municipal	21209
corporation located within its territorial jurisdiction, college,	21210
university, veterans' home operated under Chapter 5907. of the	21211
Revised Code, port authority, or municipal airport or other	21212
municipal air navigation facility, in which the peace officer is	21213
appointed, employed, or elected, a law of this state, an ordinance	21214
of a municipal corporation, or a resolution of a township.	21215

(2) A peace officer of the department of natural resources, a	21216
state fire marshal law enforcement officer described in division	21217
(A)(23) of section 109.71 of the Revised Code, or an individual	21218
designated to perform law enforcement duties under section	21219
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	21220
detain, until a warrant can be obtained, a person found violating,	21221
within the limits of the peace officer's, state fire marshal law	21222
enforcement officer's, or individual's territorial jurisdiction, a	21223
law of this state.	21224

(3) The house sergeant at arms, if the house sergeant at arms	21225
has arrest authority pursuant to division (E)(1) of section	21226
101.311 of the Revised Code, and an assistant house sergeant at	21227
arms shall arrest and detain, until a warrant can be obtained, a	21228
person found violating, within the limits of the sergeant at	21229
arms's or assistant sergeant at arms's territorial jurisdiction	21230
specified in division (D)(1)(a) of section 101.311 of the Revised	21231
Code or while providing security pursuant to division (D)(1)(f) of	21232
section 101.311 of the Revised Code, a law of this state, an	21233
ordinance of a municipal corporation, or a resolution of a	21234
township.	21235

(4) The senate sergeant at arms and an assistant senate	21236
sergeant at arms shall arrest and detain, until a warrant can be	21237
obtained, a person found violating, within the limits of the	21238
sergeant at arms's or assistant sergeant at arms's territorial	21239
jurisdiction specified in division (B) of section 101.312 of the	21240
Revised Code, a law of this state, an ordinance of a municipal	21241
corporation, or a resolution of a township.	21242

(B)(1) When there is reasonable ground to believe that an	21243
offense of violence, the offense of criminal child enticement as	21244
defined in section 2905.05 of the Revised Code, the offense of	21245
public indecency as defined in section 2907.09 of the Revised	21246
Code, the offense of domestic violence as defined in section	21247
2919.25 of the Revised Code, the offense of violating a protection	21248
order as defined in section 2919.27 of the Revised Code, the	21249
offense of menacing by stalking as defined in section 2903.211 of	21250
the Revised Code, the offense of aggravated trespass as defined in	21251
section 2911.211 of the Revised Code, a theft offense as defined	21252
in section 2913.01 of the Revised Code, or a felony drug abuse	21253
offense as defined in section 2925.01 of the Revised Code, has	21254
been committed within the limits of the political subdivision,	21255
metropolitan housing authority housing project, regional transit	21256
authority facilities or those areas of a municipal corporation	21257
that have been agreed to by a regional transit authority and a	21258
municipal corporation located within its territorial jurisdiction,	21259
college, university, veterans' home operated under Chapter 5907.	21260
of the Revised Code, port authority, or municipal airport or other	21261
municipal air navigation facility, in which the peace officer is	21262
appointed, employed, or elected or within the limits of the	21263
territorial jurisdiction of the peace officer, a peace officer	21264
described in division (A) of this section may arrest and detain	21265
until a warrant can be obtained any person who the peace officer	21266
has reasonable cause to believe is guilty of the violation.	21267

(2) For purposes of division (B)(1) of this section, the	21268
execution of any of the following constitutes reasonable ground to	21269
believe that the offense alleged in the statement was committed	21270
and reasonable cause to believe that the person alleged in the	21271
statement to have committed the offense is guilty of the	21272
violation:	21273

(a) A written statement by a person alleging that an alleged	21274
offender has committed the offense of menacing by stalking or	21275
aggravated trespass;	21276

(b) A written statement by the administrator of the	21277
interstate compact on mental health appointed under section	21278
5119.51 of the Revised Code alleging that a person who had been	21279
hospitalized, institutionalized, or confined in any facility under	21280
an order made pursuant to or under authority of section 2945.37,	21281
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	21282
Revised Code has escaped from the facility, from confinement in a	21283
vehicle for transportation to or from the facility, or from	21284
supervision by an employee of the facility that is incidental to	21285
hospitalization, institutionalization, or confinement in the	21286
facility and that occurs outside of the facility, in violation of	21287
section 2921.34 of the Revised Code;	21288

(c) A written statement by the administrator of any facility	21289
in which a person has been hospitalized, institutionalized, or	21290
confined under an order made pursuant to or under authority of	21291
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	21292
2945.402 of the Revised Code alleging that the person has escaped	21293
from the facility, from confinement in a vehicle for	21294
transportation to or from the facility, or from supervision by an	21295
employee of the facility that is incidental to hospitalization,	21296
institutionalization, or confinement in the facility and that	21297
occurs outside of the facility, in violation of section 2921.34 of	21298
the Revised Code.	21299

(3)(a) For purposes of division (B)(1) of this section, a	21300
peace officer described in division (A) of this section has	21301
reasonable grounds to believe that the offense of domestic	21302
violence or the offense of violating a protection order has been	21303
committed and reasonable cause to believe that a particular person	21304
is guilty of committing the offense if any of the following	21305
occurs:	21306

(i) A person executes a written statement alleging that the	21307
person in question has committed the offense of domestic violence	21308
or the offense of violating a protection order against the person	21309
who executes the statement or against a child of the person who	21310
executes the statement.	21311

(ii) No written statement of the type described in division	21312
(B)(3)(a)(i) of this section is executed, but the peace officer,	21313
based upon the peace officer's own knowledge and observation of	21314
the facts and circumstances of the alleged incident of the offense	21315
of domestic violence or the alleged incident of the offense of	21316
violating a protection order or based upon any other information,	21317
including, but not limited to, any reasonably trustworthy	21318
information given to the peace officer by the alleged victim of	21319
the alleged incident of the offense or any witness of the alleged	21320
incident of the offense, concludes that there are reasonable	21321
grounds to believe that the offense of domestic violence or the	21322
offense of violating a protection order has been committed and	21323
reasonable cause to believe that the person in question is guilty	21324
of committing the offense.	21325

(iii) No written statement of the type described in division	21326
(B)(3)(a)(i) of this section is executed, but the peace officer	21327
witnessed the person in question commit the offense of domestic	21328
violence or the offense of violating a protection order.	21329

(b) If pursuant to division (B)(3)(a) of this section a peace	21330
officer has reasonable grounds to believe that the offense of	21331
domestic violence or the offense of violating a protection order	21332
has been committed and reasonable cause to believe that a	21333
particular person is guilty of committing the offense, it is the	21334
preferred course of action in this state that the officer arrest	21335
and detain that person pursuant to division (B)(1) of this section	21336
until a warrant can be obtained.	21337

If pursuant to division (B)(3)(a) of this section a peace	21338
officer has reasonable grounds to believe that the offense of	21339
domestic violence or the offense of violating a protection order	21340
has been committed and reasonable cause to believe that family or	21341
household members have committed the offense against each other,	21342
it is the preferred course of action in this state that the	21343
officer, pursuant to division (B)(1) of this section, arrest and	21344
detain until a warrant can be obtained the family or household	21345
member who committed the offense and whom the officer has	21346
reasonable cause to believe is the primary physical aggressor.	21347
There is no preferred course of action in this state regarding any	21348
other family or household member who committed the offense and	21349
whom the officer does not have reasonable cause to believe is the	21350
primary physical aggressor, but, pursuant to division (B)(1) of	21351
this section, the peace officer may arrest and detain until a	21352
warrant can be obtained any other family or household member who	21353
committed the offense and whom the officer does not have	21354
reasonable cause to believe is the primary physical aggressor.	21355

(c) If a peace officer described in division (A) of this	21356
section does not arrest and detain a person whom the officer has	21357
reasonable cause to believe committed the offense of domestic	21358
violence or the offense of violating a protection order when it is	21359
the preferred course of action in this state pursuant to division	21360
(B)(3)(b) of this section that the officer arrest that person, the	21361
officer shall articulate in the written report of the incident	21362
required by section 2935.032 of the Revised Code a clear statement	21363
of the officer's reasons for not arresting and detaining that	21364
person until a warrant can be obtained.	21365

(d) In determining for purposes of division (B)(3)(b) of this	21366
section which family or household member is the primary physical	21367
aggressor in a situation in which family or household members have	21368
committed the offense of domestic violence or the offense of	21369
violating a protection order against each other, a peace officer	21370
described in division (A) of this section, in addition to any	21371
other relevant circumstances, should consider all of the	21372
following:	21373

(i) Any history of domestic violence or of any other violent	21374
acts by either person involved in the alleged offense that the	21375
officer reasonably can ascertain;	21376

(ii) If violence is alleged, whether the alleged violence was	21377
caused by a person acting in self-defense;	21378

(iii) Each person's fear of physical harm, if any, resulting	21379
from the other person's threatened use of force against any person	21380
or resulting from the other person's use or history of the use of	21381
force against any person, and the reasonableness of that fear;	21382

(iv) The comparative severity of any injuries suffered by the	21383
persons involved in the alleged offense.	21384

(e)(i) A peace officer described in division (A) of this	21385
section shall not require, as a prerequisite to arresting or	21386
charging a person who has committed the offense of domestic	21387
violence or the offense of violating a protection order, that the	21388
victim of the offense specifically consent to the filing of	21389
charges against the person who has committed the offense or sign a	21390
complaint against the person who has committed the offense.	21391

(ii) If a person is arrested for or charged with committing	21392
the offense of domestic violence or the offense of violating a	21393
protection order and if the victim of the offense does not	21394
cooperate with the involved law enforcement or prosecuting	21395
authorities in the prosecution of the offense or, subsequent to	21396
the arrest or the filing of the charges, informs the involved law	21397
enforcement or prosecuting authorities that the victim does not	21398
wish the prosecution of the offense to continue or wishes to drop	21399
charges against the alleged offender relative to the offense, the	21400
involved prosecuting authorities, in determining whether to	21401
continue with the prosecution of the offense or whether to dismiss	21402
charges against the alleged offender relative to the offense and	21403
notwithstanding the victim's failure to cooperate or the victim's	21404
wishes, shall consider all facts and circumstances that are	21405
relevant to the offense, including, but not limited to, the	21406
statements and observations of the peace officers who responded to	21407
the incident that resulted in the arrest or filing of the charges	21408
and of all witnesses to that incident.	21409

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	21410
this section whether to arrest a person pursuant to division	21411
(B)(1) of this section, a peace officer described in division (A)	21412
of this section shall not consider as a factor any possible	21413
shortage of cell space at the detention facility to which the	21414
person will be taken subsequent to the person's arrest or any	21415
possibility that the person's arrest might cause, contribute to,	21416
or exacerbate overcrowding at that detention facility or at any	21417
other detention facility.	21418

(g) If a peace officer described in division (A) of this	21419
section intends pursuant to divisions (B)(3)(a) to (g) of this	21420
section to arrest a person pursuant to division (B)(1) of this	21421
section and if the officer is unable to do so because the person	21422
is not present, the officer promptly shall seek a warrant for the	21423
arrest of the person.	21424

(h) If a peace officer described in division (A) of this	21425
section responds to a report of an alleged incident of the offense	21426
of domestic violence or an alleged incident of the offense of	21427
violating a protection order and if the circumstances of the	21428
incident involved the use or threatened use of a deadly weapon or	21429
any person involved in the incident brandished a deadly weapon	21430
during or in relation to the incident, the deadly weapon that was	21431
used, threatened to be used, or brandished constitutes contraband,	21432
and, to the extent possible, the officer shall seize the deadly	21433
weapon as contraband pursuant to Chapter 2981. of the Revised	21434
Code. Upon the seizure of a deadly weapon pursuant to division	21435
(B)(3)(h) of this section, section 2981.12 of the Revised Code	21436
shall apply regarding the treatment and disposition of the deadly	21437
weapon. For purposes of that section, the "underlying criminal	21438
offense" that was the basis of the seizure of a deadly weapon	21439
under division (B)(3)(h) of this section and to which the deadly	21440
weapon had a relationship is any of the following that is	21441
applicable:	21442

(i) The alleged incident of the offense of domestic violence	21443
or the alleged incident of the offense of violating a protection	21444
order to which the officer who seized the deadly weapon responded;	21445

(ii) Any offense that arose out of the same facts and	21446
circumstances as the report of the alleged incident of the offense	21447
of domestic violence or the alleged incident of the offense of	21448
violating a protection order to which the officer who seized the	21449
deadly weapon responded.	21450

(4) If, in the circumstances described in divisions (B)(3)(a)	21451
to (g) of this section, a peace officer described in division (A)	21452
of this section arrests and detains a person pursuant to division	21453
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	21454
this section, a peace officer described in division (A) of this	21455
section seizes a deadly weapon, the officer, to the extent	21456
described in and in accordance with section 9.86 or 2744.03 of the	21457
Revised Code, is immune in any civil action for damages for	21458
injury, death, or loss to person or property that arises from or	21459
is related to the arrest and detention or the seizure.	21460

(C) When there is reasonable ground to believe that a	21461
violation of division (A)(1), (2), (3), (4), or (5) of section	21462
4506.15 or a violation of section 4511.19 of the Revised Code has	21463
been committed by a person operating a motor vehicle subject to	21464
regulation by the public utilities commission of Ohio under Title	21465
XLIX of the Revised Code, a peace officer with authority to	21466
enforce that provision of law may stop or detain the person whom	21467
the officer has reasonable cause to believe was operating the	21468
motor vehicle in violation of the division or section and, after	21469
investigating the circumstances surrounding the operation of the	21470
vehicle, may arrest and detain the person.	21471

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	21472
municipal police officer, member of a police force employed by a	21473
metropolitan housing authority under division (D) of section	21474
3735.31 of the Revised Code, member of a police force employed by	21475
a regional transit authority under division (Y) of section 306.35	21476
of the Revised Code, special police officer employed by a port	21477
authority under section 4582.04 or 4582.28 of the Revised Code,	21478
special police officer employed by a municipal corporation at a	21479
municipal airport or other municipal air navigation facility	21480
described in division (A) of this section, township constable,	21481
police officer of a township or joint police district, state	21482
university law enforcement officer appointed under section 3345.04	21483
of the Revised Code, peace officer of the department of natural	21484
resources, individual designated to perform law enforcement duties	21485
under section 511.232, 1545.13, or 6101.75 of the Revised Code,	21486
the house sergeant at arms if the house sergeant at arms has	21487
arrest authority pursuant to division (E)(1) of section 101.311 of	21488
the Revised Code, or an assistant house sergeant at arms is	21489
authorized by division (A) or (B) of this section to arrest and	21490
detain, within the limits of the political subdivision,	21491
metropolitan housing authority housing project, regional transit	21492
authority facilities or those areas of a municipal corporation	21493
that have been agreed to by a regional transit authority and a	21494
municipal corporation located within its territorial jurisdiction,	21495
port authority, municipal airport or other municipal air	21496
navigation facility, college, or university in which the officer	21497
is appointed, employed, or elected or within the limits of the	21498
territorial jurisdiction of the peace officer, a person until a	21499
warrant can be obtained, the peace officer, outside the limits of	21500
that territory, may pursue, arrest, and detain that person until a	21501
warrant can be obtained if all of the following apply:	21502

(1) The pursuit takes place without unreasonable delay after	21503
the offense is committed;	21504

(2) The pursuit is initiated within the limits of the	21505
political subdivision, metropolitan housing authority housing	21506
project, regional transit authority facilities or those areas of a	21507
municipal corporation that have been agreed to by a regional	21508
transit authority and a municipal corporation located within its	21509
territorial jurisdiction, port authority, municipal airport or	21510
other municipal air navigation facility, college, or university in	21511
which the peace officer is appointed, employed, or elected or	21512
within the limits of the territorial jurisdiction of the peace	21513
officer;	21514

(3) The offense involved is a felony, a misdemeanor of the	21515
first degree or a substantially equivalent municipal ordinance, a	21516
misdemeanor of the second degree or a substantially equivalent	21517
municipal ordinance, or any offense for which points are	21518
chargeable pursuant to section 4510.036 of the Revised Code.	21519

(E) In addition to the authority granted under division (A)	21520
or (B) of this section:	21521

(1) A sheriff or deputy sheriff may arrest and detain, until	21522
a warrant can be obtained, any person found violating section	21523
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	21524
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	21525
portion of any street or highway that is located immediately	21526
adjacent to the boundaries of the county in which the sheriff or	21527
deputy sheriff is elected or appointed.	21528

(2) A member of the police force of a township police	21529
district created under section 505.48 of the Revised Code, a	21530
member of the police force of a joint police district created	21531
under section 505.482 of the Revised Code, or a township constable	21532
appointed in accordance with section 509.01 of the Revised Code,	21533
who has received a certificate from the Ohio peace officer	21534
training commission under section 109.75 of the Revised Code, may	21535
arrest and detain, until a warrant can be obtained, any person	21536
found violating any section or chapter of the Revised Code listed	21537
in division (E)(1) of this section, other than sections 4513.33	21538
and 4513.34 of the Revised Code, on the portion of any street or	21539
highway that is located immediately adjacent to the boundaries of	21540
the township police district or joint police district, in the case	21541
of a member of a township police district or joint police district	21542
police force, or the unincorporated territory of the township, in	21543
the case of a township constable. However, if the population of	21544
the township that created the township police district served by	21545
the member's police force, or the townships and municipal	21546
corporations that created the joint police district served by the	21547
member's police force, or the township that is served by the	21548
township constable, is sixty thousand or less, the member of the	21549
township police district or joint police district police force or	21550
the township constable may not make an arrest under division	21551
(E)(2) of this section on a state highway that is included as part	21552
of the interstate system.	21553

(3) A police officer or village marshal appointed, elected,	21554
or employed by a municipal corporation may arrest and detain,	21555
until a warrant can be obtained, any person found violating any	21556
section or chapter of the Revised Code listed in division (E)(1)	21557
of this section on the portion of any street or highway that is	21558
located immediately adjacent to the boundaries of the municipal	21559
corporation in which the police officer or village marshal is	21560
appointed, elected, or employed.	21561

(4) A peace officer of the department of natural resources, a	21562
state fire marshal law enforcement officer described in division	21563
(A)(23) of section 109.71 of the Revised Code, or an individual	21564
designated to perform law enforcement duties under section	21565
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	21566
detain, until a warrant can be obtained, any person found	21567
violating any section or chapter of the Revised Code listed in	21568
division (E)(1) of this section, other than sections 4513.33 and	21569
4513.34 of the Revised Code, on the portion of any street or	21570
highway that is located immediately adjacent to the boundaries of	21571
the lands and waters that constitute the territorial jurisdiction	21572
of the peace officer or state fire marshal law enforcement	21573
officer.	21574

(F)(1) A department of mental health special police officer	21575
or a department of developmental disabilities special police	21576
officer may arrest without a warrant and detain until a warrant	21577
can be obtained any person found committing on the premises of any	21578
institution under the jurisdiction of the particular department a	21579
misdemeanor under a law of the state.	21580

A department of mental health special police officer or a	21581
department of developmental disabilities special police officer	21582
may arrest without a warrant and detain until a warrant can be	21583
obtained any person who has been hospitalized, institutionalized,	21584
or confined in an institution under the jurisdiction of the	21585
particular department pursuant to or under authority of section	21586
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	21587
2945.402 of the Revised Code and who is found committing on the	21588
premises of any institution under the jurisdiction of the	21589
particular department a violation of section 2921.34 of the	21590
Revised Code that involves an escape from the premises of the	21591
institution.	21592

(2)(a) If a department of mental health special police	21593
officer or a department of developmental disabilities special	21594
police officer finds any person who has been hospitalized,	21595
institutionalized, or confined in an institution under the	21596
jurisdiction of the particular department pursuant to or under	21597
authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,	21598
2945.401, or 2945.402 of the Revised Code committing a violation	21599
of section 2921.34 of the Revised Code that involves an escape	21600
from the premises of the institution, or if there is reasonable	21601
ground to believe that a violation of section 2921.34 of the	21602
Revised Code has been committed that involves an escape from the	21603
premises of an institution under the jurisdiction of the	21604
department of mental health or the department of developmental	21605
disabilities and if a department of mental health special police	21606
officer or a department of developmental disabilities special	21607
police officer has reasonable cause to believe that a particular	21608
person who has been hospitalized, institutionalized, or confined	21609
in the institution pursuant to or under authority of section	21610
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	21611
2945.402 of the Revised Code is guilty of the violation, the	21612
special police officer, outside of the premises of the	21613
institution, may pursue, arrest, and detain that person for that	21614
violation of section 2921.34 of the Revised Code, until a warrant	21615
can be obtained, if both of the following apply:	21616

(i) The pursuit takes place without unreasonable delay after	21617
the offense is committed;	21618

(ii) The pursuit is initiated within the premises of the	21619
institution from which the violation of section 2921.34 of the	21620
Revised Code occurred.	21621

(b) For purposes of division (F)(2)(a) of this section, the	21622
execution of a written statement by the administrator of the	21623
institution in which a person had been hospitalized,	21624
institutionalized, or confined pursuant to or under authority of	21625
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	21626
2945.402 of the Revised Code alleging that the person has escaped	21627
from the premises of the institution in violation of section	21628
2921.34 of the Revised Code constitutes reasonable ground to	21629
believe that the violation was committed and reasonable cause to	21630
believe that the person alleged in the statement to have committed	21631
the offense is guilty of the violation.	21632

(G) As used in this section:

21633

(1) A "department of mental health special police officer"	21634
means a special police officer of the department of mental health	21635
designated under section 5119.14 of the Revised Code who is	21636
certified by the Ohio peace officer training commission under	21637
section 109.77 of the Revised Code as having successfully	21638
completed an approved peace officer basic training program.	21639

(2) A "department of developmental disabilities special	21640
police officer" means a special police officer of the department	21641
of developmental disabilities designated under section 5123.13 of	21642
the Revised Code who is certified by the Ohio peace officer	21643
training council under section 109.77 of the Revised Code as	21644
having successfully completed an approved peace officer basic	21645
training program.	21646

(3) "Deadly weapon" has the same meaning as in section	21647
2923.11 of the Revised Code.	21648

(4) "Family or household member" has the same meaning as in	21649
section 2919.25 of the Revised Code.	21650

(5) "Street" or "highway" has the same meaning as in section	21651
4511.01 of the Revised Code.	21652

(6) "Interstate system" has the same meaning as in section	21653
5516.01 of the Revised Code.	21654

(7) "Peace officer of the department of natural resources"	21655
means an employee of the department of natural resources who is a	21656
natural resources law enforcement staff officer designated	21657
pursuant to section 1501.013 of the Revised Code, a forest officer	21658
designated pursuant to section 1503.29 of the Revised Code, a	21659
preserve officer designated pursuant to section 1517.10 of the	21660
Revised Code, a wildlife officer designated pursuant to section	21661
1531.13 of the Revised Code, a park officer designated pursuant to	21662
section 1541.10 of the Revised Code, or a state watercraft officer	21663
designated pursuant to section 1547.521 of the Revised Code.	21664

(8) "Portion of any street or highway" means all lanes of the	21665
street or highway irrespective of direction of travel, including	21666
designated turn lanes, and any berm, median, or shoulder.	21667

Sec. 2939.11. The official ~~shorthand~~ reporter of the county,	21668
or any ~~shorthand~~ reporter designated by the court of common pleas,	21669
at the request of the prosecuting attorney, or any such reporter	21670
designated by the attorney general in investigations conducted by	21671
~~him~~the attorney general, may take ~~shorthand~~ notes of or	21672
electronically record testimony before the grand jury, and furnish	21673
a transcript to the prosecuting attorney or the attorney general,	21674
and to no other person. The ~~shorthand~~ reporter shall withdraw from	21675
the jury room before the jurors begin to express their views or	21676
take their vote on the matter before them. Such reporter shall	21677
take an oath to be administered by the judge after the grand jury	21678
is sworn, imposing an obligation of secrecy to not disclose any	21679
testimony taken or heard except to the grand jury, prosecuting	21680
attorney, or attorney general, unless called upon in court to make	21681
disclosures.	21682

Sec. 2945.371. (A) If the issue of a defendant's competence	21683
to stand trial is raised or if a defendant enters a plea of not	21684
guilty by reason of insanity, the court may order one or more	21685
evaluations of the defendant's present mental condition or, in the	21686
case of a plea of not guilty by reason of insanity, of the	21687
defendant's mental condition at the time of the offense charged.	21688
An examiner shall conduct the evaluation.	21689

(B) If the court orders more than one evaluation under	21690
division (A) of this section, the prosecutor and the defendant may	21691
recommend to the court an examiner whom each prefers to perform	21692
one of the evaluations. If a defendant enters a plea of not guilty	21693
by reason of insanity and if the court does not designate an	21694
examiner recommended by the defendant, the court shall inform the	21695
defendant that the defendant may have independent expert	21696
evaluation and that, if the defendant is unable to obtain	21697
independent expert evaluation, it will be obtained for the	21698
defendant at public expense if the defendant is indigent.	21699

(C) If the court orders an evaluation under division (A) of	21700
this section, the defendant shall be available at the times and	21701
places established by the examiners who are to conduct the	21702
evaluation. The court may order a defendant who has been released	21703
on bail or recognizance to submit to an evaluation under this	21704
section. If a defendant who has been released on bail or	21705
recognizance refuses to submit to a complete evaluation, the court	21706
may amend the conditions of bail or recognizance and order the	21707
sheriff to take the defendant into custody and deliver the	21708
defendant to a center, program, or facility operated or certified	21709
by the department of mental health or the department of	21710
developmental disabilities where the defendant may be held for	21711
evaluation for a reasonable period of time not to exceed twenty	21712
days.	21713

(D) A defendant who has not been released on bail or	21714
recognizance may be evaluated at the defendant's place of	21715
detention. Upon the request of the examiner, the court may order	21716
the sheriff to transport the defendant to a program or facility	21717
operated or certified by the department of mental health or the	21718
department of developmental disabilities, where the defendant may	21719
be held for evaluation for a reasonable period of time not to	21720
exceed twenty days, and to return the defendant to the place of	21721
detention after the evaluation. A municipal court may make an	21722
order under this division only upon the request of a certified	21723
forensic center examiner.	21724

(E) If a court orders the evaluation to determine a	21725
defendant's mental condition at the time of the offense charged,	21726
the court shall inform the examiner of the offense with which the	21727
defendant is charged.	21728

(F) In conducting an evaluation of a defendant's mental	21729
condition at the time of the offense charged, the examiner shall	21730
consider all relevant evidence. If the offense charged involves	21731
the use of force against another person, the relevant evidence to	21732
be considered includes, but is not limited to, any evidence that	21733
the defendant suffered, at the time of the commission of the	21734
offense, from the "battered woman syndrome."	21735

(G) The examiner shall file a written report with the court	21736
within thirty days after entry of a court order for evaluation,	21737
and the court shall provide copies of the report to the prosecutor	21738
and defense counsel. The report shall include all of the	21739
following:	21740

(1) The examiner's findings;

21741

(2) The facts in reasonable detail on which the findings are	21742
based;	21743

(3) If the evaluation was ordered to determine the	21744
defendant's competence to stand trial, all of the following	21745
findings or recommendations that are applicable:	21746

(a) Whether the defendant is capable of understanding the	21747
nature and objective of the proceedings against the defendant or	21748
of assisting in the defendant's defense;	21749

(b) If the examiner's opinion is that the defendant is	21750
incapable of understanding the nature and objective of the	21751
proceedings against the defendant or of assisting in the	21752
defendant's defense, whether the defendant presently is mentally	21753
ill or mentally retarded and, if the examiner's opinion is that	21754
the defendant presently is mentally retarded, whether the	21755
defendant appears to be a mentally retarded person subject to	21756
institutionalization by court order;	21757

(c) If the examiner's opinion is that the defendant is	21758
incapable of understanding the nature and objective of the	21759
proceedings against the defendant or of assisting in the	21760
defendant's defense, the examiner's opinion as to the likelihood	21761
of the defendant becoming capable of understanding the nature and	21762
objective of the proceedings against the defendant and of	21763
assisting in the defendant's defense within one year if the	21764
defendant is provided with a course of treatment;	21765

(d) If the examiner's opinion is that the defendant is	21766
incapable of understanding the nature and objective of the	21767
proceedings against the defendant or of assisting in the	21768
defendant's defense and that the defendant presently is mentally	21769
ill or mentally retarded, the examiner's recommendation as to the	21770
least restrictive placement or commitment alternative, consistent	21771
with the defendant's treatment needs for restoration to competency	21772
and with the safety of the community;	21773

~~(e) If the defendant is charged with a misdemeanor offense~~	21774
~~that is not an offense of violence and the examiner's opinion is~~	21775
~~that the defendant is incapable of understanding the nature and~~	21776
~~objective of the proceedings against the defendant or of assisting~~	21777
~~in the defendant's defense and that the defendant is presently~~	21778
~~mentally ill or mentally retarded, the examiner's recommendation~~	21779
~~as to whether the defendant is amenable to engagement in mental~~	21780
~~health treatment or developmental disability services~~.	21781

(4) If the evaluation was ordered to determine the	21782
defendant's mental condition at the time of the offense charged,	21783
the examiner's findings as to whether the defendant, at the time	21784
of the offense charged, did not know, as a result of a severe	21785
mental disease or defect, the wrongfulness of the defendant's acts	21786
charged.	21787

(H) If the examiner's report filed under division (G) of this	21788
section indicates that in the examiner's opinion the defendant is	21789
incapable of understanding the nature and objective of the	21790
proceedings against the defendant or of assisting in the	21791
defendant's defense and that in the examiner's opinion the	21792
defendant appears to be a mentally retarded person subject to	21793
institutionalization by court order, the court shall order the	21794
defendant to undergo a separate mental retardation evaluation	21795
conducted by a psychologist designated by the director of	21796
developmental disabilities. Divisions (C) to (F) of this section	21797
apply in relation to a separate mental retardation evaluation	21798
conducted under this division. The psychologist appointed under	21799
this division to conduct the separate mental retardation	21800
evaluation shall file a written report with the court within	21801
thirty days after the entry of the court order requiring the	21802
separate mental retardation evaluation, and the court shall	21803
provide copies of the report to the prosecutor and defense	21804
counsel. The report shall include all of the information described	21805
in divisions (G)(1) to (4) of this section. If the court orders a	21806
separate mental retardation evaluation of a defendant under this	21807
division, the court shall not conduct a hearing under divisions	21808
(B) to (H) of section 2945.37 of the Revised Code regarding that	21809
defendant until a report of the separate mental retardation	21810
evaluation conducted under this division has been filed. Upon the	21811
filing of that report, the court shall conduct the hearing within	21812
the period of time specified in division (C) of section 2945.37 of	21813
the Revised Code.	21814

(I) An examiner appointed under divisions (A) and (B) of this	21815
section or under division (H) of this section to evaluate a	21816
defendant to determine the defendant's competence to stand trial	21817
also may be appointed to evaluate a defendant who has entered a	21818
plea of not guilty by reason of insanity, but an examiner of that	21819
nature shall prepare separate reports on the issue of competence	21820
to stand trial and the defense of not guilty by reason of	21821
insanity.	21822

(J) No statement that a defendant makes in an evaluation or	21823
hearing under divisions (A) to (H) of this section relating to the	21824
defendant's competence to stand trial or to the defendant's mental	21825
condition at the time of the offense charged shall be used against	21826
the defendant on the issue of guilt in any criminal action or	21827
proceeding, but, in a criminal action or proceeding, the	21828
prosecutor or defense counsel may call as a witness any person who	21829
evaluated the defendant or prepared a report pursuant to a	21830
referral under this section. Neither the appointment nor the	21831
testimony of an examiner appointed under this section precludes	21832
the prosecutor or defense counsel from calling other witnesses or	21833
presenting other evidence on competency or insanity issues.	21834

(K) Persons appointed as examiners under divisions (A) and	21835
(B) of this section or under division (H) of this section shall be	21836
paid a reasonable amount for their services and expenses, as	21837
certified by the court. The certified amount shall be paid by the	21838
county in the case of county courts and courts of common pleas and	21839
by the legislative authority, as defined in section 1901.03 of the	21840
Revised Code, in the case of municipal courts.	21841

Sec. 2945.38. (A) If the issue of a defendant's competence	21842
to stand trial is raised and if the court, upon conducting the	21843
hearing provided for in section 2945.37 of the Revised Code, finds	21844
that the defendant is competent to stand trial, the defendant	21845
shall be proceeded against as provided by law. If the court finds	21846
the defendant competent to stand trial and the defendant is	21847
receiving psychotropic drugs or other medication, the court may	21848
authorize the continued administration of the drugs or medication	21849
or other appropriate treatment in order to maintain the	21850
defendant's competence to stand trial, unless the defendant's	21851
attending physician advises the court against continuation of the	21852
drugs, other medication, or treatment.	21853

(B)(1)(a) If, after taking into consideration all relevant	21854
reports, information, and other evidence, the court finds that the	21855
defendant is incompetent to stand trial and that there is a	21856
substantial probability that the defendant will become competent	21857
to stand trial within one year if the defendant is provided with a	21858
course of treatment, the court shall order the defendant to	21859
undergo treatment. If the defendant has been charged with a felony	21860
offense and if, after taking into consideration all relevant	21861
reports, information, and other evidence, the court finds that the	21862
defendant is incompetent to stand trial, but the court is unable	21863
at that time to determine whether there is a substantial	21864
probability that the defendant will become competent to stand	21865
trial within one year if the defendant is provided with a course	21866
of treatment, the court shall order continuing evaluation and	21867
treatment of the defendant for a period not to exceed four months	21868
to determine whether there is a substantial probability that the	21869
defendant will become competent to stand trial within one year if	21870
the defendant is provided with a course of treatment.	21871

(b) The court order for the defendant to undergo treatment or	21872
continuing evaluation and treatment under division (B)(1)(a) of	21873
this section shall specify that the defendant, if determined to	21874
require mental health treatment or continuing evaluation and	21875
treatment, either shall be committed to the department of mental	21876
health for treatment or continuing evaluation and treatment at a	21877
hospital, facility, or agency, as determined to be clinically	21878
appropriate by the department of mental health ~~and~~or shall be	21879
committed to a facility certified by the department of mental	21880
health as being qualified to treat mental illness, to a public or	21881
community mental health facility, or to a psychiatrist or another	21882
mental health professional for treatment or continuing evaluation	21883
and treatment. Prior to placing the defendant, the department of	21884
mental health shall obtain court approval for that placement	21885
following a hearing. The court order for the defendant to undergo	21886
treatment or continuing evaluation and treatment under division	21887
(B)(1)(a) of this section shall specify that the defendant, if	21888
determined to require treatment or continuing evaluation and	21889
treatment for ~~a developmental disability~~mental retardation,	21890
shall receive treatment or continuing evaluation and treatment at	21891
an institution or facility operated by the department of	21892
developmental disabilities, at a facility certified by the	21893
department of developmental disabilities as being qualified to	21894
treat mental retardation, at a public or private ~~community~~ mental	21895
retardation facility, or by a psychiatrist or another mental	21896
retardation professional. ~~The~~In any case, the order may restrict	21897
the defendant's freedom of movement as the court considers	21898
necessary. The prosecutor in the defendant's case shall send to	21899
the chief clinical officer of the hospital, facility, or agency	21900
where the defendant is placed by the department of mental health,	21901
or to the managing officer of the institution, the director of the	21902
program or facility, or the person to which the defendant is	21903
committed, copies of relevant police reports and other background	21904
information that pertains to the defendant and is available to the	21905
prosecutor unless the prosecutor determines that the release of	21906
any of the information in the police reports or any of the other	21907
background information to unauthorized persons would interfere	21908
with the effective prosecution of any person or would create a	21909
substantial risk of harm to any person.	21910

In ~~committing the defendant to the department of mental~~	21911
~~health, the court shall consider the extent to which the person is~~	21912
~~a danger to the person and to others, the need for security, and~~	21913
~~the type of crime involved and, if the court finds that~~	21914
~~restrictions on the defendant's freedom of movement are necessary,~~	21915
~~shall specify the least restrictive limitations on the person's~~	21916
~~freedom of movement determined to be necessary to protect public~~	21917
~~safety. In~~ determining the place of commitment ~~alternatives for~~	21918
~~defendants determined to require treatment or continuing~~	21919
~~evaluation and treatment for developmental disabilities~~, the court	21920
shall consider the extent to which the person is a danger to the	21921
person and to others, the need for security, and the type of crime	21922
involved and shall order the least restrictive alternative	21923
available that is consistent with public safety and treatment	21924
goals. In weighing these factors, the court shall give preference	21925
to protecting public safety.	21926

(c) If the defendant is found incompetent to stand trial, if	21927
the chief clinical officer of the hospital, facility, or agency	21928
where the defendant is placed, or the managing officer of the	21929
institution, the director of the program or facility, or the	21930
person to which the defendant is committed for treatment or	21931
continuing evaluation and treatment under division (B)(1)(b) of	21932
this section determines that medication is necessary to restore	21933
the defendant's competency to stand trial, and if the defendant	21934
lacks the capacity to give informed consent or refuses medication,	21935
the chief clinical officer of the hospital, facility, or agency	21936
where the defendant is placed, or the managing officer of the	21937
institution, the director of the program or facility, or the	21938
person to which the defendant is committed for treatment or	21939
continuing evaluation and treatment may petition the court for	21940
authorization for the involuntary administration of medication.	21941
The court shall hold a hearing on the petition within five days of	21942
the filing of the petition if the petition was filed in a	21943
municipal court or a county court regarding an incompetent	21944
defendant charged with a misdemeanor or within ten days of the	21945
filing of the petition if the petition was filed in a court of	21946
common pleas regarding an incompetent defendant charged with a	21947
felony offense. Following the hearing, the court may authorize the	21948
involuntary administration of medication or may dismiss the	21949
petition.	21950

~~(d) If the defendant is charged with a misdemeanor offense~~	21951
~~that is not an offense of violence, the prosecutor may hold the~~	21952
~~charges in abeyance while the defendant engages in mental health~~	21953
~~treatment or developmental disability services.~~	21954

(2) If the court finds that the defendant is incompetent to	21955
stand trial and that, even if the defendant is provided with a	21956
course of treatment, there is not a substantial probability that	21957
the defendant will become competent to stand trial within one	21958
year, the court shall order the discharge of the defendant, unless	21959
upon motion of the prosecutor or on its own motion, the court	21960
either seeks to retain jurisdiction over the defendant pursuant to	21961
section 2945.39 of the Revised Code or files an affidavit in the	21962
probate court for the civil commitment of the defendant pursuant	21963
to Chapter 5122. or 5123. of the Revised Code alleging that the	21964
defendant is a mentally ill person subject to hospitalization by	21965
court order or a mentally retarded person subject to	21966
institutionalization by court order. If an affidavit is filed in	21967
the probate court, the trial court shall send to the probate court	21968
copies of all written reports of the defendant's mental condition	21969
that were prepared pursuant to section 2945.371 of the Revised	21970
Code.	21971

The trial court may issue the temporary order of detention	21972
that a probate court may issue under section 5122.11 or 5123.71 of	21973
the Revised Code, to remain in effect until the probable cause or	21974
initial hearing in the probate court. Further proceedings in the	21975
probate court are civil proceedings governed by Chapter 5122. or	21976
5123. of the Revised Code.	21977

(C) No defendant shall be required to undergo treatment,	21978
including any continuing evaluation and treatment, under division	21979
(B)(1) of this section for longer than whichever of the following	21980
periods is applicable:	21981

(1) One year, if the most serious offense with which the	21982
defendant is charged is one of the following offenses:	21983

(a) Aggravated murder, murder, or an offense of violence for	21984
which a sentence of death or life imprisonment may be imposed;	21985

(b) An offense of violence that is a felony of the first or	21986
second degree;	21987

(c) A conspiracy to commit, an attempt to commit, or	21988
complicity in the commission of an offense described in division	21989
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	21990
complicity is a felony of the first or second degree.	21991

(2) Six months, if the most serious offense with which the	21992
defendant is charged is a felony other than a felony described in	21993
division (C)(1) of this section;	21994

(3) Sixty days, if the most serious offense with which the	21995
defendant is charged is a misdemeanor of the first or second	21996
degree;	21997

(4) Thirty days, if the most serious offense with which the	21998
defendant is charged is a misdemeanor of the third or fourth	21999
degree, a minor misdemeanor, or an unclassified misdemeanor.	22000

(D) Any defendant who is committed pursuant to this section	22001
shall not voluntarily admit the defendant or be voluntarily	22002
admitted to a hospital or institution pursuant to section 5122.02,	22003
5122.15, 5123.69, or 5123.76 of the Revised Code.	22004

(E) Except as otherwise provided in this division, a	22005
defendant who is charged with an offense and is committed by the	22006
court under this section to the department of mental health ~~with~~	22007
~~restrictions on the defendant's freedom of movement~~ or is	22008
committed to an institution or facility for the treatment of	22009
~~developmental disabilities~~mental retardation shall not be granted	22010
unsupervised on-grounds movement, supervised off-grounds movement,	22011
or nonsecured status except in accordance with the court order.	22012
The court may grant a defendant supervised off-grounds movement to	22013
obtain medical treatment or specialized habilitation treatment	22014
services if the person who supervises the treatment or the	22015
continuing evaluation and treatment of the defendant ordered under	22016
division (B)(1)(a) of this section informs the court that the	22017
treatment or continuing evaluation and treatment cannot be	22018
provided at the hospital or facility where the defendant is placed	22019
by the department of mental health or the institution or facility	22020
to which the defendant is committed. The chief clinical officer of	22021
the hospital or facility where the defendant is placed by the	22022
department of mental health or the managing officer of the	22023
institution or director of the facility to which the defendant is	22024
committed, or a designee of any of those persons, may grant a	22025
defendant movement to a medical facility for an emergency medical	22026
situation with appropriate supervision to ensure the safety of the	22027
defendant, staff, and community during that emergency medical	22028
situation. The chief clinical officer of the hospital or facility	22029
where the defendant is placed by the department of mental health	22030
or the managing officer of the institution or director of the	22031
facility to which the defendant is committed shall notify the	22032
court within twenty-four hours of the defendant's movement to the	22033
medical facility for an emergency medical situation under this	22034
division.	22035

(F) The person who supervises the treatment or continuing	22036
evaluation and treatment of a defendant ordered to undergo	22037
treatment or continuing evaluation and treatment under division	22038
(B)(1)(a) of this section shall file a written report with the	22039
court at the following times:	22040

(1) Whenever the person believes the defendant is capable of	22041
understanding the nature and objective of the proceedings against	22042
the defendant and of assisting in the defendant's defense;	22043

(2) For a felony offense, fourteen days before expiration of	22044
the maximum time for treatment as specified in division (C) of	22045
this section and fourteen days before the expiration of the	22046
maximum time for continuing evaluation and treatment as specified	22047
in division (B)(1)(a) of this section, and, for a misdemeanor	22048
offense, ten days before the expiration of the maximum time for	22049
treatment, as specified in division (C) of this section;	22050

(3) At a minimum, after each six months of treatment;

22051

(4) Whenever the person who supervises the treatment or	22052
continuing evaluation and treatment of a defendant ordered under	22053
division (B)(1)(a) of this section believes that there is not a	22054
substantial probability that the defendant will become capable of	22055
understanding the nature and objective of the proceedings against	22056
the defendant or of assisting in the defendant's defense even if	22057
the defendant is provided with a course of treatment.	22058

(G) A report under division (F) of this section shall contain	22059
the examiner's findings, the facts in reasonable detail on which	22060
the findings are based, and the examiner's opinion as to the	22061
defendant's capability of understanding the nature and objective	22062
of the proceedings against the defendant and of assisting in the	22063
defendant's defense. If, in the examiner's opinion, the defendant	22064
remains incapable of understanding the nature and objective of the	22065
proceedings against the defendant and of assisting in the	22066
defendant's defense and there is a substantial probability that	22067
the defendant will become capable of understanding the nature and	22068
objective of the proceedings against the defendant and of	22069
assisting in the defendant's defense if the defendant is provided	22070
with a course of treatment, if in the examiner's opinion the	22071
defendant remains mentally ill or mentally retarded, and if the	22072
maximum time for treatment as specified in division (C) of this	22073
section has not expired, the report also shall contain the	22074
examiner's recommendation as to the least restrictive placement or	22075
commitment alternative that is consistent with the defendant's	22076
treatment needs for restoration to competency and with the safety	22077
of the community. The court shall provide copies of the report to	22078
the prosecutor and defense counsel.	22079

(H) If a defendant is committed pursuant to division (B)(1)	22080
of this section, within ten days after the treating physician of	22081
the defendant or the examiner of the defendant who is employed or	22082
retained by the treating facility advises that there is not a	22083
substantial probability that the defendant will become capable of	22084
understanding the nature and objective of the proceedings against	22085
the defendant or of assisting in the defendant's defense even if	22086
the defendant is provided with a course of treatment, within ten	22087
days after the expiration of the maximum time for treatment as	22088
specified in division (C) of this section, within ten days after	22089
the expiration of the maximum time for continuing evaluation and	22090
treatment as specified in division (B)(1)(a) of this section,	22091
within thirty days after a defendant's request for a hearing that	22092
is made after six months of treatment, or within thirty days after	22093
being advised by the treating physician or examiner that the	22094
defendant is competent to stand trial, whichever is the earliest,	22095
the court shall conduct another hearing to determine if the	22096
defendant is competent to stand trial and shall do whichever of	22097
the following is applicable:	22098

(1) If the court finds that the defendant is competent to	22099
stand trial, the defendant shall be proceeded against as provided	22100
by law.	22101

(2) If the court finds that the defendant is incompetent to	22102
stand trial, but that there is a substantial probability that the	22103
defendant will become competent to stand trial if the defendant is	22104
provided with a course of treatment, and the maximum time for	22105
treatment as specified in division (C) of this section has not	22106
expired, the court, after consideration of the examiner's	22107
recommendation, shall order that treatment be continued, may	22108
change the ~~least restrictive limitations on the defendant's~~	22109
~~freedom of movement~~facility or program at which the treatment is	22110
to be continued, and~~, if applicable,~~ shall specify whether the	22111
treatment ~~for developmental disabilities~~ is to be continued at the	22112
same or a different facility or ~~institution~~program.	22113

(3) If the court finds that the defendant is incompetent to	22114
stand trial, if the defendant is charged with an offense listed in	22115
division (C)(1) of this section, and if the court finds that there	22116
is not a substantial probability that the defendant will become	22117
competent to stand trial even if the defendant is provided with a	22118
course of treatment, or if the maximum time for treatment relative	22119
to that offense as specified in division (C) of this section has	22120
expired, further proceedings shall be as provided in sections	22121
2945.39, 2945.401, and 2945.402 of the Revised Code.	22122

(4) If the court finds that the defendant is incompetent to	22123
stand trial, if the most serious offense with which the defendant	22124
is charged is a misdemeanor or a felony other than a felony listed	22125
in division (C)(1) of this section, and if the court finds that	22126
there is not a substantial probability that the defendant will	22127
become competent to stand trial even if the defendant is provided	22128
with a course of treatment, or if the maximum time for treatment	22129
relative to that offense as specified in division (C) of this	22130
section has expired, the court shall dismiss the indictment,	22131
information, or complaint against the defendant. A dismissal under	22132
this division is not a bar to further prosecution based on the	22133
same conduct. The court shall discharge the defendant unless the	22134
court or prosecutor files an affidavit in probate court for civil	22135
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	22136
If an affidavit for civil commitment is filed, the court may	22137
detain the defendant for ten days pending civil commitment. All of	22138
the following provisions apply to persons charged with a	22139
misdemeanor or a felony other than a felony listed in division	22140
(C)(1) of this section who are committed by the probate court	22141
subsequent to the court's or prosecutor's filing of an affidavit	22142
for civil commitment under authority of this division:	22143

(a) The chief clinical officer of the entity, hospital, or	22144
facility, the managing officer of the institution, the director of	22145
the program, or the person to which the defendant is committed or	22146
admitted shall do all of the following:	22147

(i) Notify the prosecutor, in writing, of the discharge of	22148
the defendant, send the notice at least ten days prior to the	22149
discharge unless the discharge is by the probate court, and state	22150
in the notice the date on which the defendant will be discharged;	22151

(ii) Notify the prosecutor, in writing, when the defendant is	22152
absent without leave or is granted unsupervised, off-grounds	22153
movement, and send this notice promptly after the discovery of the	22154
absence without leave or prior to the granting of the	22155
unsupervised, off-grounds movement, whichever is applicable;	22156

(iii) Notify the prosecutor, in writing, of the change of the	22157
defendant's commitment or admission to voluntary status, send the	22158
notice promptly upon learning of the change to voluntary status,	22159
and state in the notice the date on which the defendant was	22160
committed or admitted on a voluntary status.	22161

(b) Upon receiving notice that the defendant will be granted	22162
unsupervised, off-grounds movement, the prosecutor either shall	22163
re-indict the defendant or promptly notify the court that the	22164
prosecutor does not intend to prosecute the charges against the	22165
defendant.	22166

(I) If a defendant is convicted of a crime and sentenced to a	22167
jail or workhouse, the defendant's sentence shall be reduced by	22168
the total number of days the defendant is confined for evaluation	22169
to determine the defendant's competence to stand trial or	22170
treatment under this section and sections 2945.37 and 2945.371 of	22171
the Revised Code or by the total number of days the defendant is	22172
confined for evaluation to determine the defendant's mental	22173
condition at the time of the offense charged.	22174

Sec. 2945.39. (A) If a defendant who is charged with an	22175
offense described in division (C)(1) of section 2945.38 of the	22176
Revised Code is found incompetent to stand trial, after the	22177
expiration of the maximum time for treatment as specified in	22178
division (C) of that section or after the court finds that there	22179
is not a substantial probability that the defendant will become	22180
competent to stand trial even if the defendant is provided with a	22181
course of treatment, one of the following applies:	22182

(1) The court or the prosecutor may file an affidavit in	22183
probate court for civil commitment of the defendant in the manner	22184
provided in Chapter 5122. or 5123. of the Revised Code. If the	22185
court or prosecutor files an affidavit for civil commitment, the	22186
court may detain the defendant for ten days pending civil	22187
commitment. If the probate court commits the defendant subsequent	22188
to the court's or prosecutor's filing of an affidavit for civil	22189
commitment, the chief clinical officer of the entity, hospital, or	22190
facility, the managing officer of the institution, the director of	22191
the program, or the person to which the defendant is committed or	22192
admitted shall send to the prosecutor the notices described in	22193
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	22194
Code within the periods of time and under the circumstances	22195
specified in those divisions.	22196

(2) On the motion of the prosecutor or on its own motion, the	22197
court may retain jurisdiction over the defendant if, at a hearing,	22198
the court finds both of the following by clear and convincing	22199
evidence:	22200

(a) The defendant committed the offense with which the	22201
defendant is charged.	22202

(b) The defendant is a mentally ill person subject to	22203
hospitalization by court order or a mentally retarded person	22204
subject to institutionalization by court order.	22205

(B) In making its determination under division (A)(2) of this	22206
section as to whether to retain jurisdiction over the defendant,	22207
the court may consider all relevant evidence, including, but not	22208
limited to, any relevant psychiatric, psychological, or medical	22209
testimony or reports, the acts constituting the offense charged,	22210
and any history of the defendant that is relevant to the	22211
defendant's ability to conform to the law.	22212

(C) If the court conducts a hearing as described in division	22213
(A)(2) of this section and if the court does not make both	22214
findings described in divisions (A)(2)(a) and (b) of this section	22215
by clear and convincing evidence, the court shall dismiss the	22216
indictment, information, or complaint against the defendant. Upon	22217
the dismissal, the court shall discharge the defendant unless the	22218
court or prosecutor files an affidavit in probate court for civil	22219
commitment of the defendant pursuant to Chapter 5122. or 5123. of	22220
the Revised Code. If the court or prosecutor files an affidavit	22221
for civil commitment, the court may order that the defendant be	22222
detained for up to ten days pending the civil commitment. If the	22223
probate court commits the defendant subsequent to the court's or	22224
prosecutor's filing of an affidavit for civil commitment, the	22225
chief clinical officer of the entity, hospital, or facility, the	22226
managing officer of the institution, the director of the program,	22227
or the person to which the defendant is committed or admitted	22228
shall send to the prosecutor the notices described in divisions	22229
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	22230
within the periods of time and under the circumstances specified	22231
in those divisions. A dismissal of charges under this division is	22232
not a bar to further criminal proceedings based on the same	22233
conduct.	22234

(D)(1) If the court conducts a hearing as described in	22235
division (A)(2) of this section and if the court makes the	22236
findings described in divisions (A)(2)(a) and (b) of this section	22237
by clear and convincing evidence, the court shall commit the	22238
defendant, if determined to require mental health treatment,	22239
either to the department of mental health for treatment at a	22240
hospital, facility, or agency as determined clinically appropriate	22241
by the department of mental health or to another medical or	22242
psychiatric facility, as appropriate. Prior to placing the	22243
defendant, the department of mental health shall obtain court	22244
approval for that placement. If the court conducts such a hearing	22245
and if it makes those findings by clear and convincing evidence,	22246
the court shall commit the defendant, if determined to require	22247
treatment for ~~developmental disabilities~~mental retardation, to a	22248
facility operated by the department of developmental disabilities,	22249
or another facility, as appropriate. ~~In committing the defendant~~	22250
~~to the department of mental health, the court shall specify the~~	22251
~~least restrictive limitations on the defendant's freedom of~~	22252
~~movement determined to be necessary to protect public safety. In~~	22253
~~determining the place and nature of the commitment to a facility~~	22254
~~operated by the department of developmental disabilities or~~	22255
~~another facility for treatment of developmental disabilities, the~~	22256
~~court~~In determining the place of commitment, the court shall	22257
consider the extent to which the person is a danger to the person	22258
and to others, the need for security, and the type of crime	22259
involved and shall order the least restrictive ~~commitment~~	22260
alternative available that is consistent with public safety and	22261
the welfare of the defendant. In weighing these factors, the court	22262
shall give preference to protecting public safety.	22263

(2) If a court makes a commitment of a defendant under	22264
division (D)(1) of this section, the prosecutor shall send to the	22265
hospital, facility, or agency where the defendant is placed by the	22266
department of mental health or to the defendant's place of	22267
commitment all reports of the defendant's current mental condition	22268
and, except as otherwise provided in this division, any other	22269
relevant information, including, but not limited to, a transcript	22270
of the hearing held pursuant to division (A)(2) of this section,	22271
copies of relevant police reports, and copies of any prior arrest	22272
and conviction records that pertain to the defendant and that the	22273
prosecutor possesses. The prosecutor shall send the reports of the	22274
defendant's current mental condition in every case of commitment,	22275
and, unless the prosecutor determines that the release of any of	22276
the other relevant information to unauthorized persons would	22277
interfere with the effective prosecution of any person or would	22278
create a substantial risk of harm to any person, the prosecutor	22279
also shall send the other relevant information. Upon admission of	22280
a defendant committed under division (D)(1) of this section, the	22281
place of commitment shall send to the board of alcohol, drug	22282
addiction, and mental health services or the community mental	22283
health board serving the county in which the charges against the	22284
defendant were filed a copy of all reports of the defendant's	22285
current mental condition and a copy of the other relevant	22286
information provided by the prosecutor under this division,	22287
including, if provided, a transcript of the hearing held pursuant	22288
to division (A)(2) of this section, the relevant police reports,	22289
and the prior arrest and conviction records that pertain to the	22290
defendant and that the prosecutor possesses.	22291

(3) If a court makes a commitment under division (D)(1) of	22292
this section, all further proceedings shall be in accordance with	22293
sections 2945.401 and 2945.402 of the Revised Code.	22294

Sec. 2945.40. (A) If a person is found not guilty by reason	22295
of insanity, the verdict shall state that finding, and the trial	22296
court shall conduct a full hearing to determine whether the person	22297
is a mentally ill person subject to hospitalization by court order	22298
or a mentally retarded person subject to institutionalization by	22299
court order. Prior to the hearing, if the trial judge believes	22300
that there is probable cause that the person found not guilty by	22301
reason of insanity is a mentally ill person subject to	22302
hospitalization by court order or mentally retarded person subject	22303
to institutionalization by court order, the trial judge may issue	22304
a temporary order of detention for that person to remain in effect	22305
for ten court days or until the hearing, whichever occurs first.	22306

Any person detained pursuant to a temporary order of	22307
detention issued under this division shall be held in a suitable	22308
facility, taking into consideration the place and type of	22309
confinement prior to and during trial.	22310

(B) The court shall hold the hearing under division (A) of	22311
this section to determine whether the person found not guilty by	22312
reason of insanity is a mentally ill person subject to	22313
hospitalization by court order or a mentally retarded person	22314
subject to institutionalization by court order within ten court	22315
days after the finding of not guilty by reason of insanity.	22316
Failure to conduct the hearing within the ten-day period shall	22317
cause the immediate discharge of the respondent, unless the judge	22318
grants a continuance for not longer than ten court days for good	22319
cause shown or for any period of time upon motion of the	22320
respondent.	22321

(C) If a person is found not guilty by reason of insanity,	22322
the person has the right to attend all hearings conducted pursuant	22323
to sections 2945.37 to 2945.402 of the Revised Code. At any	22324
hearing conducted pursuant to one of those sections, the court	22325
shall inform the person that the person has all of the following	22326
rights:	22327

(1) The right to be represented by counsel and to have that	22328
counsel provided at public expense if the person is indigent, with	22329
the counsel to be appointed by the court under Chapter 120. of the	22330
Revised Code or under the authority recognized in division (C) of	22331
section 120.06, division (E) of section 120.16, division (E) of	22332
section 120.26, or section 2941.51 of the Revised Code;	22333

(2) The right to have independent expert evaluation and to	22334
have that independent expert evaluation provided at public expense	22335
if the person is indigent;	22336

(3) The right to subpoena witnesses and documents, to present	22337
evidence on the person's behalf, and to cross-examine witnesses	22338
against the person;	22339

(4) The right to testify in the person's own behalf and to	22340
not be compelled to testify;	22341

(5) The right to have copies of any relevant medical or	22342
mental health document in the custody of the state or of any place	22343
of commitment other than a document for which the court finds that	22344
the release to the person of information contained in the document	22345
would create a substantial risk of harm to any person.	22346

(D) The hearing under division (A) of this section shall be	22347
open to the public, and the court shall conduct the hearing in	22348
accordance with the Rules of Civil Procedure. The court shall make	22349
and maintain a full transcript and record of the hearing	22350
proceedings. The court may consider all relevant evidence,	22351
including, but not limited to, any relevant psychiatric,	22352
psychological, or medical testimony or reports, the acts	22353
constituting the offense in relation to which the person was found	22354
not guilty by reason of insanity, and any history of the person	22355
that is relevant to the person's ability to conform to the law.	22356

(E) Upon completion of the hearing under division (A) of this	22357
section, if the court finds there is not clear and convincing	22358
evidence that the person is a mentally ill person subject to	22359
hospitalization by court order or a mentally retarded person	22360
subject to institutionalization by court order, the court shall	22361
discharge the person, unless a detainer has been placed upon the	22362
person by the department of rehabilitation and correction, in	22363
which case the person shall be returned to that department.	22364

(F) If, at the hearing under division (A) of this section,	22365
the court finds by clear and convincing evidence that the person	22366
is a mentally ill person subject to hospitalization by court	22367
order, the court shall commit the person either to the department	22368
of mental health for ~~placement~~treatment in a hospital, facility,	22369
or agency as determined clinically appropriate by the department	22370
of mental health or to another medical or psychiatric facility, as	22371
appropriate. Prior to placing the defendant, the department of	22372
mental health shall obtain court approval for that placement. If,	22373
at the hearing under division (A) of this section, the court ~~finds~~	22374
determines by clear and convincing evidence that the person ~~is a~~	22375
~~mentally retarded person subject to institutionalization by court~~	22376
~~order~~requires treatment for mental retardation, it shall commit	22377
the person to a facility operated by the department of	22378
developmental disabilities or another facility, as appropriate.	22379
Further proceedings shall be in accordance with sections 2945.401	22380
and 2945.402 of the Revised Code. ~~In committing the person to the~~	22381
~~department of mental health, the court shall specify the least~~	22382
~~restrictive limitations to the defendant's freedom of movement~~	22383
~~determined to be necessary to protect public safety.~~ In	22384
determining the place ~~and nature~~ of ~~the~~ commitment ~~of a mentally~~	22385
~~retarded person subject to institutionalization by court order~~,	22386
the court shall consider the extent to which the person is a	22387
danger to the person and to others, the need for security, and the	22388
type of crime involved and shall order the least restrictive	22389
~~commitment~~ alternative available that is consistent with public	22390
safety and the welfare of the person. In weighing these factors,	22391
the court shall give preference to protecting public safety.	22392

(G) If a court makes a commitment of a person under division	22393
(F) of this section, the prosecutor shall send to the hospital,	22394
facility, or agency where the person is placed by the department	22395
of mental health or to the defendant's place of commitment all	22396
reports of the person's current mental condition, and, except as	22397
otherwise provided in this division, any other relevant	22398
information, including, but not limited to, a transcript of the	22399
hearing held pursuant to division (A) of this section, copies of	22400
relevant police reports, and copies of any prior arrest and	22401
conviction records that pertain to the person and that the	22402
prosecutor possesses. The prosecutor shall send the reports of the	22403
person's current mental condition in every case of commitment,	22404
and, unless the prosecutor determines that the release of any of	22405
the other relevant information to unauthorized persons would	22406
interfere with the effective prosecution of any person or would	22407
create a substantial risk of harm to any person, the prosecutor	22408
also shall send the other relevant information. Upon admission of	22409
a person committed under division (F) of this section, the place	22410
of commitment shall send to the board of alcohol, drug addiction,	22411
and mental health services or the community mental health board	22412
serving the county in which the charges against the person were	22413
filed a copy of all reports of the person's current mental	22414
condition and a copy of the other relevant information provided by	22415
the prosecutor under this division, including, if provided, a	22416
transcript of the hearing held pursuant to division (A) of this	22417
section, the relevant police reports, and the prior arrest and	22418
conviction records that pertain to the person and that the	22419
prosecutor possesses.	22420

(H) A person who is committed pursuant to this section shall	22421
not voluntarily admit the person or be voluntarily admitted to a	22422
hospital or institution pursuant to section 5122.02, 5122.15,	22423
5123.69, or 5123.76 of the Revised Code.	22424

Sec. 2945.401. (A) A defendant found incompetent to stand	22425
trial and committed pursuant to section 2945.39 of the Revised	22426
Code or a person found not guilty by reason of insanity and	22427
committed pursuant to section 2945.40 of the Revised Code shall	22428
remain subject to the jurisdiction of the trial court pursuant to	22429
that commitment, and to the provisions of this section, until the	22430
final termination of the commitment as described in division	22431
(J)(1) of this section. If the jurisdiction is terminated under	22432
this division because of the final termination of the commitment	22433
resulting from the expiration of the maximum prison term or term	22434
of imprisonment described in division (J)(1)(b) of this section,	22435
the court or prosecutor may file an affidavit for the civil	22436
commitment of the defendant or person pursuant to Chapter 5122. or	22437
5123. of the Revised Code.	22438

(B) A hearing conducted under any provision of sections	22439
2945.37 to 2945.402 of the Revised Code shall not be conducted in	22440
accordance with Chapters 5122. and 5123. of the Revised Code. Any	22441
person who is committed pursuant to section 2945.39 or 2945.40 of	22442
the Revised Code shall not voluntarily admit the person or be	22443
voluntarily admitted to a hospital or institution pursuant to	22444
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	22445
All other provisions of Chapters 5122. and 5123. of the Revised	22446
Code regarding hospitalization or institutionalization shall apply	22447
to the extent they are not in conflict with this chapter. A	22448
commitment under section 2945.39 or 2945.40 of the Revised Code	22449
shall not be terminated and the conditions of the commitment shall	22450
not be changed except as otherwise provided in division (D)(2) of	22451
this section with respect to a mentally retarded person subject to	22452
institutionalization by court order or except by order of the	22453
trial court.	22454

(C) The department of mental health or the institution or,	22455
facility, or program to which a defendant or person has been	22456
committed under section 2945.39 or 2945.40 of the Revised Code	22457
shall report in writing to the trial court, at the times specified	22458
in this division, as to whether the defendant or person remains a	22459
mentally ill person subject to hospitalization by court order or a	22460
mentally retarded person subject to institutionalization by court	22461
order and, in the case of a defendant committed under section	22462
2945.39 of the Revised Code, as to whether the defendant remains	22463
incompetent to stand trial. The department, institution, or	22464
facility, or program shall make the reports after the initial six	22465
months of treatment and every two years after the initial report	22466
is made. The trial court shall provide copies of the reports to	22467
the prosecutor and to the counsel for the defendant or person.	22468
Within thirty days after its receipt pursuant to this division of	22469
a report from the department, institution, or facility, or	22470
program, the trial court shall hold a hearing on the continued	22471
commitment of the defendant or person or on any changes in the	22472
conditions of the commitment of the defendant or person. The	22473
defendant or person may request a change in the conditions of	22474
confinement, and the trial court shall conduct a hearing on that	22475
request if six months or more have elapsed since the most recent	22476
hearing was conducted under this section.	22477

(D)(1) Except as otherwise provided in division (D)(2) of	22478
this section, when a defendant or person has been committed under	22479
section 2945.39 or 2945.40 of the Revised Code, at any time after	22480
evaluating the risks to public safety and the welfare of the	22481
defendant or person, the designee of the department of mental	22482
health or the managing officer of the institution or director of	22483
the facility or program to which the defendant or person is	22484
committed may recommend a termination of the defendant's or	22485
person's commitment or a change in the conditions of the	22486
defendant's or person's commitment.	22487

Except as otherwise provided in division (D)(2) of this	22488
section, if the designee of the department of mental health	22489
recommends on-grounds unsupervised movement, off-grounds	22490
supervised movement, or nonsecured status for the defendant or	22491
person or termination of the defendant's or person's commitment,	22492
the following provisions apply:	22493

(a) If the department's designee recommends on-grounds	22494
unsupervised movement or off-grounds supervised movement, the	22495
department's designee shall file with the trial court an	22496
application for approval of the movement and shall send a copy of	22497
the application to the prosecutor. Within fifteen days after	22498
receiving the application, the prosecutor may request a hearing on	22499
the application and, if a hearing is requested, shall so inform	22500
the department's designee. If the prosecutor does not request a	22501
hearing within the fifteen-day period, the trial court shall	22502
approve the application by entering its order approving the	22503
requested movement or, within five days after the expiration of	22504
the fifteen-day period, shall set a date for a hearing on the	22505
application. If the prosecutor requests a hearing on the	22506
application within the fifteen-day period, the trial court shall	22507
hold a hearing on the application within thirty days after the	22508
hearing is requested. If the trial court, within five days after	22509
the expiration of the fifteen-day period, sets a date for a	22510
hearing on the application, the trial court shall hold the hearing	22511
within thirty days after setting the hearing date. At least	22512
fifteen days before any hearing is held under this division, the	22513
trial court shall give the prosecutor written notice of the date,	22514
time, and place of the hearing. At the conclusion of each hearing	22515
conducted under this division, the trial court either shall	22516
approve or disapprove the application and shall enter its order	22517
accordingly.	22518

(b) If the department's designee recommends termination of	22519
the defendant's or person's commitment at any time or if the	22520
department's designee recommends the first of any nonsecured	22521
status for the defendant or person, the department's designee	22522
shall send written notice of this recommendation to the trial	22523
court and to the local forensic center. The local forensic center	22524
shall evaluate the committed defendant or person and, within	22525
thirty days after its receipt of the written notice, shall submit	22526
to the trial court and the department's designee a written report	22527
of the evaluation. The trial court shall provide a copy of the	22528
department's designee's written notice and of the local forensic	22529
center's written report to the prosecutor and to the counsel for	22530
the defendant or person. Upon the local forensic center's	22531
submission of the report to the trial court and the department's	22532
designee, all of the following apply:	22533

(i) If the forensic center disagrees with the recommendation	22534
of the department's designee, it shall inform the department's	22535
designee and the trial court of its decision and the reasons for	22536
the decision. The department's designee, after consideration of	22537
the forensic center's decision, shall either withdraw, proceed	22538
with, or modify and proceed with the recommendation. If the	22539
department's designee proceeds with, or modifies and proceeds	22540
with, the recommendation, the department's designee shall proceed	22541
in accordance with division (D)(1)(b)(iii) of this section.	22542

(ii) If the forensic center agrees with the recommendation of	22543
the department's designee, it shall inform the department's	22544
designee and the trial court of its decision and the reasons for	22545
the decision, and the department's designee shall proceed in	22546
accordance with division (D)(1)(b)(iii) of this section.	22547

(iii) If the forensic center disagrees with the	22548
recommendation of the department's designee and the department's	22549
designee proceeds with, or modifies and proceeds with, the	22550
recommendation or if the forensic center agrees with the	22551
recommendation of the department's designee, the department's	22552
designee shall work with community mental health agencies,	22553
programs, facilities, or boards of alcohol, drug addiction, and	22554
mental health services or community mental health boards to	22555
develop a plan to implement the recommendation. If the defendant	22556
or person is on medication, the plan shall include, but shall not	22557
be limited to, a system to monitor the defendant's or person's	22558
compliance with the prescribed medication treatment plan. The	22559
system shall include a schedule that clearly states when the	22560
defendant or person shall report for a medication compliance	22561
check. The medication compliance checks shall be based upon the	22562
effective duration of the prescribed medication, taking into	22563
account the route by which it is taken, and shall be scheduled at	22564
intervals sufficiently close together to detect a potential	22565
increase in mental illness symptoms that the medication is	22566
intended to prevent.	22567

The department's designee, after consultation with the board	22568
of alcohol, drug addiction, and mental health services or the	22569
community mental health board serving the area, shall send the	22570
recommendation and plan developed under division (D)(1)(b)(iii) of	22571
this section, in writing, to the trial court, the prosecutor, and	22572
the counsel for the committed defendant or person. The trial court	22573
shall conduct a hearing on the recommendation and plan developed	22574
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	22575
and (d) and (E) to (J) of this section apply regarding the	22576
hearing.	22577

(c) If the department's designee's recommendation is for	22578
nonsecured status or termination of commitment, the prosecutor may	22579
obtain an independent expert evaluation of the defendant's or	22580
person's mental condition, and the trial court may continue the	22581
hearing on the recommendation for a period of not more than thirty	22582
days to permit time for the evaluation.	22583

The prosecutor may introduce the evaluation report or present	22584
other evidence at the hearing in accordance with the Rules of	22585
Evidence.	22586

(d) The trial court shall schedule the hearing on a	22587
department's designee's recommendation for nonsecured status or	22588
termination of commitment and shall give reasonable notice to the	22589
prosecutor and the counsel for the defendant or person. Unless	22590
continued for independent evaluation at the prosecutor's request	22591
or for other good cause, the hearing shall be held within thirty	22592
days after the trial court's receipt of the recommendation and	22593
plan.	22594

(2)(a) Division (D)(1) of this section does not apply to	22595
on-grounds unsupervised movement of a defendant or person who has	22596
been committed under section 2945.39 or 2945.40 of the Revised	22597
Code, who is a mentally retarded person subject to	22598
institutionalization by court order, and who is being provided	22599
residential habilitation, care, and treatment in a facility	22600
operated by the department of developmental disabilities.	22601

(b) If, pursuant to section 2945.39 of the Revised Code, the	22602
trial court commits a defendant who is found incompetent to stand	22603
trial and who is a mentally retarded person subject to	22604
institutionalization by court order, if the defendant is being	22605
provided residential habilitation, care, and treatment in a	22606
facility operated by the department of developmental disabilities,	22607
if an individual who is conducting a survey for the department of	22608
health to determine the facility's compliance with the	22609
certification requirements of the medicaid program under Chapter	22610
5111. of the Revised Code and Title XIX of the "Social Security	22611
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, cites the	22612
defendant's receipt of the residential habilitation, care, and	22613
treatment in the facility as being inappropriate under the	22614
certification requirements, if the defendant's receipt of the	22615
residential habilitation, care, and treatment in the facility	22616
potentially jeopardizes the facility's continued receipt of	22617
federal medicaid moneys, and if as a result of the citation the	22618
chief clinical officer of the facility determines that the	22619
conditions of the defendant's commitment should be changed, the	22620
department of developmental disabilities may cause the defendant	22621
to be removed from the particular facility and, after evaluating	22622
the risks to public safety and the welfare of the defendant and	22623
after determining whether another type of placement is consistent	22624
with the certification requirements, may place the defendant in	22625
another facility that the department selects as an appropriate	22626
facility for the defendant's continued receipt of residential	22627
habilitation, care, and treatment and that is a no less secure	22628
setting than the facility in which the defendant had been placed	22629
at the time of the citation. Within three days after the	22630
defendant's removal and alternative placement under the	22631
circumstances described in division (D)(2)(b) of this section, the	22632
department of developmental disabilities shall notify the trial	22633
court and the prosecutor in writing of the removal and alternative	22634
placement.	22635

The trial court shall set a date for a hearing on the removal	22636
and alternative placement, and the hearing shall be held within	22637
twenty-one days after the trial court's receipt of the notice from	22638
the department of developmental disabilities. At least ten days	22639
before the hearing is held, the trial court shall give the	22640
prosecutor, the department of developmental disabilities, and the	22641
counsel for the defendant written notice of the date, time, and	22642
place of the hearing. At the hearing, the trial court shall	22643
consider the citation issued by the individual who conducted the	22644
survey for the department of health to be prima-facie evidence of	22645
the fact that the defendant's commitment to the particular	22646
facility was inappropriate under the certification requirements of	22647
the medicaid program under Chapter 5111. of the Revised Code and	22648
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	22649
U.S.C.A. 301, as amended, and potentially jeopardizes the	22650
particular facility's continued receipt of federal medicaid	22651
moneys. At the conclusion of the hearing, the trial court may	22652
approve or disapprove the defendant's removal and alternative	22653
placement. If the trial court approves the defendant's removal and	22654
alternative placement, the department of developmental	22655
disabilities may continue the defendant's alternative placement.	22656
If the trial court disapproves the defendant's removal and	22657
alternative placement, it shall enter an order modifying the	22658
defendant's removal and alternative placement, but that order	22659
shall not require the department of developmental disabilities to	22660
replace the defendant for purposes of continued residential	22661
habilitation, care, and treatment in the facility associated with	22662
the citation issued by the individual who conducted the survey for	22663
the department of health.	22664

(E) In making a determination under this section regarding	22665
nonsecured status or termination of commitment, the trial court	22666
shall consider all relevant factors, including, but not limited	22667
to, all of the following:	22668

(1) Whether, in the trial court's view, the defendant or	22669
person currently represents a substantial risk of physical harm to	22670
the defendant or person or others;	22671

(2) Psychiatric and medical testimony as to the current	22672
mental and physical condition of the defendant or person;	22673

(3) Whether the defendant or person has insight into the	22674
~~dependant's~~ defendant's or person's condition so that the	22675
defendant or person will continue treatment as prescribed or seek	22676
professional assistance as needed;	22677

(4) The grounds upon which the state relies for the proposed	22678
commitment;	22679

(5) Any past history that is relevant to establish the	22680
defendant's or person's degree of conformity to the laws, rules,	22681
regulations, and values of society;	22682

(6) If there is evidence that the defendant's or person's	22683
mental illness is in a state of remission, the medically suggested	22684
cause and degree of the remission and the probability that the	22685
defendant or person will continue treatment to maintain the	22686
remissive state of the defendant's or person's illness should the	22687
defendant's or person's commitment conditions be altered.	22688

(F) At any hearing held pursuant to division (C) or (D)(1) or	22689
(2) of this section, the defendant or the person shall have all	22690
the rights of a defendant or person at a commitment hearing as	22691
described in section 2945.40 of the Revised Code.	22692

(G) In a hearing held pursuant to division (C) or (D)(1) of	22693
this section, the prosecutor has the burden of proof as follows:	22694

(1) For a recommendation of termination of commitment, to	22695
show by clear and convincing evidence that the defendant or person	22696
remains a mentally ill person subject to hospitalization by court	22697
order or a mentally retarded person subject to	22698
institutionalization by court order;	22699

(2) For a recommendation for a change in the conditions of	22700
the commitment to a less restrictive status, to show by clear and	22701
convincing evidence that the proposed change represents a threat	22702
to public safety or a threat to the safety of any person.	22703

(H) In a hearing held pursuant to division (C) or (D)(1) or	22704
(2) of this section, the prosecutor shall represent the state or	22705
the public interest.	22706

(I) At the conclusion of a hearing conducted under division	22707
(D)(1) of this section regarding a recommendation from the	22708
designee of the department of mental health, managing officer of	22709
the institution, or director of a facility or program, the trial	22710
court may approve, disapprove, or modify the recommendation and	22711
shall enter an order accordingly.	22712

(J)(1) A defendant or person who has been committed pursuant	22713
to section 2945.39 or 2945.40 of the Revised Code continues to be	22714
under the jurisdiction of the trial court until the final	22715
termination of the commitment. For purposes of division (J) of	22716
this section, the final termination of a commitment occurs upon	22717
the earlier of one of the following:	22718

(a) The defendant or person no longer is a mentally ill	22719
person subject to hospitalization by court order or a mentally	22720
retarded person subject to institutionalization by court order, as	22721
determined by the trial court;	22722

(b) The expiration of the maximum prison term or term of	22723
imprisonment that the defendant or person could have received if	22724
the defendant or person had been convicted of the most serious	22725
offense with which the defendant or person is charged or in	22726
relation to which the defendant or person was found not guilty by	22727
reason of insanity;	22728

(c) The trial court enters an order terminating the	22729
commitment under the circumstances described in division	22730
(J)(2)(a)(ii) of this section.	22731

(2)(a) If a defendant is found incompetent to stand trial and	22732
committed pursuant to section 2945.39 of the Revised Code, if	22733
neither of the circumstances described in divisions (J)(1)(a) and	22734
(b) of this section applies to that defendant, and if a report	22735
filed with the trial court pursuant to division (C) of this	22736
section indicates that the defendant presently is competent to	22737
stand trial or if, at any other time during the period of the	22738
defendant's commitment, the prosecutor, the counsel for the	22739
defendant, or the designee of the department of mental health or	22740
the managing officer of the institution or director of the	22741
facility or program to which the defendant is committed files an	22742
application with the trial court alleging that the defendant	22743
presently is competent to stand trial and requesting a hearing on	22744
the competency issue or the trial court otherwise has reasonable	22745
cause to believe that the defendant presently is competent to	22746
stand trial and determines on its own motion to hold a hearing on	22747
the competency issue, the trial court shall schedule a hearing on	22748
the competency of the defendant to stand trial, shall give the	22749
prosecutor, the counsel for the defendant, and the department's	22750
designee or the managing officer of the institution or the	22751
director of the facility to which the defendant is committed	22752
notice of the date, time, and place of the hearing at least	22753
fifteen days before the hearing, and shall conduct the hearing	22754
within thirty days of the filing of the application or of its own	22755
motion. If, at the conclusion of the hearing, the trial court	22756
determines that the defendant presently is capable of	22757
understanding the nature and objective of the proceedings against	22758
the defendant and of assisting in the defendant's defense, the	22759
trial court shall order that the defendant is competent to stand	22760
trial and shall be proceeded against as provided by law with	22761
respect to the applicable offenses described in division (C)(1) of	22762
section 2945.38 of the Revised Code and shall enter whichever of	22763
the following additional orders is appropriate:	22764

(i) If the trial court determines that the defendant remains	22765
a mentally ill person subject to hospitalization by court order or	22766
a mentally retarded person subject to institutionalization by	22767
court order, the trial court shall order that the defendant's	22768
commitment to the department of mental health or to an institution	22769
or, facility, or program for the treatment of ~~developmental~~	22770
~~disabilities~~mental retardation be continued during the pendency	22771
of the trial on the applicable offenses described in division	22772
(C)(1) of section 2945.38 of the Revised Code.	22773

(ii) If the trial court determines that the defendant no	22774
longer is a mentally ill person subject to hospitalization by	22775
court order or a mentally retarded person subject to	22776
institutionalization by court order, the trial court shall order	22777
that the defendant's commitment to the department of mental health	22778
or to an institution or, facility, or program for the treatment of	22779
~~developmental disabilities~~mental retardation shall not be	22780
continued during the pendency of the trial on the applicable	22781
offenses described in division (C)(1) of section 2945.38 of the	22782
Revised Code. This order shall be a final termination of the	22783
commitment for purposes of division (J)(1)(c) of this section.	22784

(b) If, at the conclusion of the hearing described in	22785
division (J)(2)(a) of this section, the trial court determines	22786
that the defendant remains incapable of understanding the nature	22787
and objective of the proceedings against the defendant or of	22788
assisting in the defendant's defense, the trial court shall order	22789
that the defendant continues to be incompetent to stand trial,	22790
that the defendant's commitment to the department of mental health	22791
or to an institution or, facility, or program for the treatment of	22792
~~developmental disabilities~~mental retardation shall be continued,	22793
and that the defendant remains subject to the jurisdiction of the	22794
trial court pursuant to that commitment, and to the provisions of	22795
this section, until the final termination of the commitment as	22796
described in division (J)(1) of this section.	22797

Sec. 2961.22. (A)(1) Any prisoner serving a prison term in a	22798
state correctional institution who satisfies all of the following	22799
is eligible to apply to the department of rehabilitation and	22800
correction at a time specified in division (A)(2) of this section	22801
and in accordance with division (D) of this section for a	22802
certificate of achievement and employability:	22803

(a) The prisoner has satisfactorily completed one or more	22804
in-prison vocational programs approved by rule by the department	22805
of rehabilitation and correction.	22806

(b) The prisoner has demonstrated exemplary performance as	22807
determined by completion of one or more cognitive or behavioral	22808
improvement programs approved by rule by the department while	22809
incarcerated in a state correctional institution, while under	22810
supervision, or during both periods of time.	22811

22812

(d) The prisoner shows other evidence of achievement and	22813
rehabilitation while under the jurisdiction of the department.	22814

(2) An eligible prisoner may apply to the department of	22815
rehabilitation and correction under division (A)(1) of this	22816
section for a certificate of achievement and employability no	22817
earlier than one year prior to the date scheduled for the release	22818
of the prisoner from department custody and no later than the date	22819
of release of the prisoner.	22820

(B)(1) Any prisoner who has been released from a state	22821
correctional institution, who is under supervision on parole or	22822
under a post-release control sanction, and who satisfies all of	22823
the criteria set forth in division (A)(1) of this section is	22824
eligible to apply to the adult parole authority at a time	22825
specified in division (B)(2) of this section and in accordance	22826
with division (D) of this section for a certificate of achievement	22827
and employability.	22828

(2) An eligible prisoner may apply to the adult parole	22829
authority under division (B)(1) of this section for a certificate	22830
of achievement and employability at any time while the prisoner is	22831
under supervision on parole or under a post-release control	22832
sanction.	22833

(C)(1) An eligible prisoner may apply to the department of	22834
rehabilitation and correction or to the adult parole authority at	22835
a time specified in division (A) or (B) of this section, whichever	22836
is applicable, for a certificate of achievement and employability	22837
that grants the prisoner relief from one or more mandatory civil	22838
impacts that would affect a potential job within a field in which	22839
the prisoner trained as part of the prisoner's in-prison	22840
vocational program. The prisoner shall specify the mandatory civil	22841
impacts from which the prisoner is requesting relief under the	22842
certificate. Upon application by a prisoner in accordance with	22843
this division, if the mandatory civil impact of any licensing	22844
agency would be affected by the issuance of the certificate to the	22845
prisoner, the department or authority shall notify the licensing	22846
agency of the filing of the application, provide the licensing	22847
agency with a copy of the application and all evidence that the	22848
department, authority, or court has regarding the prisoner, and	22849
afford the licensing agency with an opportunity to object in	22850
writing to the issuance of the certificate to the prisoner.	22851

(2) Upon application by a prisoner in accordance with	22852
division (C)(1) of this section, the department of rehabilitation	22853
and correction or the adult parole authority, whichever is	22854
applicable, shall consider the application and all objections to	22855
the issuance of a certificate of achievement and employability to	22856
the prisoner, if any, that were made by a licensing agency under	22857
division (C)(1) of this section. If the department or authority	22858
determines that the prisoner is an eligible prisoner, that the	22859
application was filed at a time specified in division (B) of this	22860
section, and that any licensing agency objections to the issuance	22861
of the certificate to the prisoner are not sufficient to deny the	22862
issuance of the certificate to the prisoner, subject to division	22863
(C)(3) of this section, the department or authority shall issue	22864
the prisoner a certificate of achievement and employability that	22865
grants the prisoner relief from the mandatory civil impacts that	22866
are specified in the prisoner's application and that would affect	22867
a potential job within a field in which the prisoner trained as	22868
part of the prisoner's in-prison vocational program.	22869

(3) The mandatory civil impacts identified in division (A)(1)	22870
of section 2961.01 and in division (B) of section 2961.02 of the	22871
Revised Code shall not be affected by any certificate of	22872
achievement and employability issued under this section. No	22873
certificate of achievement and employability issued to a prisoner	22874
under this section grants the prisoner relief from the mandatory	22875
civil impacts identified in division (A)(1) of section 2961.01 and	22876
in division (B) of section 2961.02 of the Revised Code.	22877

(E) The department of rehabilitation and correction shall	22878
adopt rules that define in-prison vocational programs and	22879
cognitive or behavioral improvement programs that a prisoner may	22880
complete to satisfy the criteria described in divisions (A)(1)(a)	22881
and (b) of this section.	22882

(F) The department of rehabilitation and correction and the	22883
adult parole authority shall not be liable for any claim for	22884
damages arising from the department's or authority's issuance,	22885
denial, or revocation of a certificate of achievement and	22886
employability or for the department's or authority's failure to	22887
revoke a certificate of achievement and employability under the	22888
circumstances described in section 2961.24 of the Revised Code.	22889

Sec. 2967.03. The adult parole authority may exercise its	22890
functions and duties in relation to the pardon, commutation of	22891
sentence, or reprieve of a convict upon direction of the governor	22892
or upon its own initiative. It may exercise its functions and	22893
duties in relation to the parole of a prisoner who is eligible for	22894
parole upon the initiative of the head of the institution in which	22895
the prisoner is confined or upon its own initiative. When a	22896
prisoner becomes eligible for parole, the head of the institution	22897
in which the prisoner is confined shall notify the authority in	22898
the manner prescribed by the authority. The authority may	22899
investigate and examine, or cause the investigation and	22900
examination of, prisoners confined in state correctional	22901
institutions concerning their conduct in the institutions, their	22902
mental and moral qualities and characteristics, their knowledge of	22903
a trade or profession, their former means of livelihood, their	22904
family relationships, and any other matters affecting their	22905
fitness to be at liberty without being a threat to society.	22906

The authority may recommend to the governor the pardon,	22907
commutation of sentence, ~~medical release,~~ or reprieve of any	22908
convict or prisoner or grant a parole to any prisoner for whom	22909
parole is authorized, if in its judgment there is reasonable	22910
ground to believe that granting a pardon, commutation, ~~medical~~	22911
~~release,~~ or reprieve to the convict or paroling the prisoner would	22912
further the interests of justice and be consistent with the	22913
welfare and security of society. However, the authority shall not	22914
recommend a pardon,or commutation of sentence, ~~or medical release~~	22915
~~of,~~ or grant a parole to, any convict or prisoner until the	22916
authority has complied with the applicable notice requirements of	22917
sections 2930.16 and 2967.12 of the Revised Code and until it has	22918
considered any statement made by a victim or a victim's	22919
representative that is relevant to the convict's or prisoner's	22920
case and that was sent to the authority pursuant to section	22921
2930.17 of the Revised Code, any other statement made by a victim	22922
or a victim's representative that is relevant to the convict's or	22923
prisoner's case and that was received by the authority after it	22924
provided notice of the pendency of the action under sections	22925
2930.16 and 2967.12 of the Revised Code, and any written statement	22926
of any person submitted to the court pursuant to division (G) of	22927
section 2967.12 of the Revised Code. If a victim, victim's	22928
representative, or the victim's spouse, parent, sibling, or child	22929
appears at a full board hearing of the parole board and gives	22930
testimony as authorized by section 5149.101 of the Revised Code,	22931
the authority shall consider the testimony in determining whether	22932
to grant a parole. The trial judge and prosecuting attorney of the	22933
trial court in which a person was convicted shall furnish to the	22934
authority, at the request of the authority, a summarized statement	22935
of the facts proved at the trial and of all other facts having	22936
reference to the propriety of recommending a pardon, commutation,	22937
or medical release, or granting a parole, together with a	22938
recommendation for or against a pardon, commutation, medical	22939
release, or parole, and the reasons for the recommendation. The	22940
trial judge, the prosecuting attorney, specified law enforcement	22941
agency members, and a representative of the prisoner may appear at	22942
a full board hearing of the parole board and give testimony in	22943
regard to the grant of a parole to the prisoner as authorized by	22944
section 5149.101 of the Revised Code. All state and local	22945
officials shall furnish information to the authority, when so	22946
requested by it in the performance of its duties.	22947

The adult parole authority shall exercise its functions and	22948
duties in relation to the release of prisoners who are serving a	22949
stated prison term in accordance with section 2967.28 of the	22950
Revised Code.	22951

Sec. 2967.05. (A) As used in this section:

22952

(1) "Imminent danger of death" means that the inmate has a	22953
medically diagnosable condition that will cause death to occur	22954
within a short period of time.	22955

As used in division (A)(1) of this section, "within a short	22956
period of time" means generally within six months.	22957

(2)(a) "Medically incapacitated" means any diagnosable	22958
medical condition, including mental dementia and severe, permanent	22959
medical or cognitive disability, that prevents the inmate from	22960
completing activities of daily living without significant	22961
assistance, that incapacitates the inmate to the extent that	22962
institutional confinement does not offer additional restrictions,	22963
that is likely to continue throughout the entire period of parole,	22964
and that is unlikely to improve noticeably.	22965

(b) "Medically incapacitated" does not include conditions	22966
related solely to mental illness unless the mental illness is	22967
accompanied by injury, disease, or organic defect.	22968

(3)(a) "Terminal illness" means a condition that satisfies	22969
all of the following criteria:	22970

(i) The condition is irreversible and incurable and is caused	22971
by disease, illness, or injury from which the inmate is unlikely	22972
to recover.	22973

(ii) In accordance with reasonable medical standards and a	22974
reasonable degree of medical certainty, the condition is likely to	22975
cause death to the inmate within twelve months.	22976

(iii) Institutional confinement of the inmate does not offer	22977
additional protections for public safety or against the inmate's	22978
risk to reoffend.	22979

(b) The department of rehabilitation and correction shall	22980
adopt rules pursuant to Chapter 119. of the Revised Code to	22981
implement the definition of "terminal illness" in division	22982
(A)(3)(a) of this section.	22983

(B) Upon the recommendation of the director of rehabilitation	22984
and correction, accompanied by a certificate of the attending	22985
physician that an inmate is terminally ill, medically	22986
incapacitated, or in imminent danger of death, the governor may	22987
order the inmate's release as if on parole, reserving the right to	22988
return the inmate to the institution pursuant to this section. If,	22989
subsequent to the inmate's release, the inmate's health improves	22990
so that the inmate is no longer terminally ill, medically	22991
incapacitated, or in imminent danger of death, the inmate shall be	22992
returned, by order of the governor, to the institution from which	22993
the inmate was released. If the inmate violates any rules or	22994
conditions applicable to the inmate, the inmate may be returned to	22995
an institution under the control of the department of	22996
rehabilitation and correction. The governor may direct the adult	22997
parole authority to investigate or cause to be investigated the	22998
inmate and make a recommendation ~~in the manner set forth in~~	22999
~~section 2967.03 of the Revised Code~~. An inmate released under this	23000
section shall be subject to supervision by the adult parole	23001
authority in accordance with any recommendation of the adult	23002
parole authority that is approved by the governor. The adult	23003
parole authority shall adopt rules pursuant to section 119.03 of	23004
the Revised Code to establish the procedure for medical release of	23005
an inmate when an inmate is terminally ill, medically	23006
incapacitated, or in imminent danger of death.	23007

(C) No inmate is eligible for release under this section if	23008
the inmate is serving a death sentence, a sentence of life without	23009
parole, a sentence under Chapter 2971. of the Revised Code for a	23010
felony of the first or second degree, a sentence for aggravated	23011
murder or murder, or a mandatory prison term for an offense of	23012
violence or any specification described in Chapter 2941. of the	23013
Revised Code.	23014

Sec. 2967.14. (A) The department of rehabilitation and	23015
correction or the adult parole authority may require or allow a	23016
parolee, a releasee, or a prisoner otherwise released from a state	23017
correctional institution to reside in a halfway house or other	23018
suitable community residential center that has been licensed by	23019
the division of parole and community services pursuant to division	23020
(C) of this section during a part or for the entire period of the	23021
offender's or parolee's conditional release or of the releasee's	23022
term of post-release control. The court of common pleas that	23023
placed an offender under a sanction consisting of a term in a	23024
halfway house or in an alternative residential sanction may	23025
require the offender to reside in a halfway house or other	23026
suitable community residential center that is designated by the	23027
court and that has been licensed by the division pursuant to	23028
division (C) of this section during a part or for the entire	23029
period of the offender's residential sanction.	23030

(B) The division of parole and community services may	23031
negotiate and enter into agreements with any public or private	23032
agency or a department or political subdivision of the state that	23033
operates a halfway house, reentry center, or community residential	23034
center that has been licensed by the division pursuant to division	23035
(C) of this section. An agreement under this division shall	23036
provide for the purchase of beds, shall set limits of supervision	23037
and levels of occupancy, and shall determine the scope of services	23038
for all eligible offenders, including those subject to a	23039
residential sanction, as defined in rules adopted by the director	23040
of rehabilitation and correction in accordance with Chapter 119.	23041
of the Revised Code, or those released from prison without	23042
supervision. The payments for beds and services shall not exceed	23043
the total operating costs of the halfway house, reentry center, or	23044
community residential center during the term of an agreement. The	23045
director of rehabilitation and correction shall adopt rules in	23046
accordance with Chapter 119. of the Revised Code for determining	23047
includable and excludable costs and income to be used in computing	23048
the agency's average daily per capita costs with its facility at	23049
full occupancy.	23050

The ~~department~~director of rehabilitation and correction ~~may~~	23051
shall adopt rules providing for the use of no more than ~~ten~~	23052
fifteen per cent of the amount appropriated to the department each	23053
fiscal year for the halfway house, reentry center, and community	23054
residential center program to pay for contracts with licensed	23055
halfway houses for nonresidential services for offenders under the	23056
supervision of the adult parole authority, including but not	23057
limited to, offenders supervised pursuant to an agreement entered	23058
into by the adult parole authority and a court of common pleas	23059
under section 2301.32 of the Revised Code. The nonresidential	23060
services may include, but are not limited to, treatment for	23061
substance abuse, mental health counseling, counseling for sex	23062
offenders, ~~and~~ electronic monitoring services, aftercare, and	23063
other nonresidential services that the director identifies by	23064
rule.	23065

(C) The division of parole and community services may license	23066
a halfway house, reentry center, or community residential center	23067
as a suitable facility for the care and treatment of adult	23068
offenders, including offenders sentenced under section 2929.16 or	23069
2929.26 of the Revised Code, only if the halfway house, reentry	23070
center, or community residential center complies with the	23071
standards that the division adopts in accordance with Chapter 119.	23072
of the Revised Code for the licensure of halfway houses, reentry	23073
centers, and community residential centers. The division shall	23074
annually inspect each licensed halfway house, licensed reentry	23075
center, and licensed community residential center to determine if	23076
it is in compliance with the licensure standards.	23077

Sec. 2967.19. (A) As used in this section:

23078

(1) "Deadly weapon" and "dangerous ordnance" have the same	23079
meanings as in section 2923.11 of the Revised Code.	23080

(2) "Disqualifying prison term" means any of the following:

23081

(a) A prison term imposed for aggravated murder, murder,	23082
voluntary manslaughter, involuntary manslaughter, felonious	23083
assault, kidnapping, rape, aggravated arson, aggravated burglary,	23084
or aggravated robbery;	23085

(b) A prison term imposed for complicity in, an attempt to	23086
commit, or conspiracy to commit any offense listed in division	23087
(A)(2)(a) of this section;	23088

(c) A prison term of life imprisonment, including any term of	23089
life imprisonment that has parole eligibility;	23090

(d) A prison term imposed for any felony other than carrying	23091
a concealed weapon an essential element of which is any conduct or	23092
failure to act expressly involving any deadly weapon or dangerous	23093
ordnance;	23094

(e) A prison term imposed for any violation of section	23095
2925.03 of the Revised Code that is a felony of the first or	23096
second degree;	23097

(f) A prison term imposed for engaging in a pattern of	23098
corrupt activity in violation of section 2923.32 of the Revised	23099
Code;	23100

(g) A prison term imposed pursuant to section 2971.03 of the	23101
Revised Code;	23102

(h) A prison term imposed for any sexually oriented offense.

23103

(3) "Eligible prison term" means any prison term that is not	23104
a disqualifying prison term and is not a restricting prison term.	23105

(4) "Restricting prison term" means any of the following:

23106

(a) A mandatory prison term imposed under division	23107
~~(D)~~(B)(1)(a), ~~(D)~~(B)(1)(c), ~~(D)~~(B)(1)(f), ~~(D)~~(B)(1)(g),	23108
~~(D)~~(B)(2), or ~~(D)~~(B)(7) of section 2929.14 of the Revised Code for	23109
a specification of the type described in that division;	23110

(b) In the case of an offender who has been sentenced to a	23111
mandatory prison term for a specification of the type described in	23112
division (A)(4)(a) of this section, the prison term imposed for	23113
the felony offense for which the specification was stated at the	23114
end of the body of the indictment, count in the indictment, or	23115
information charging the offense;	23116

23117

(d) A prison term imposed for any offense that is described	23118
in division (A)(4)(d)(i) of this section if division (A)(4)(d)(ii)	23119
of this section applies to the offender:	23120

(i) The offense is a felony of the first or second degree	23121
that is an offense of violence and that is not described in	23122
division (A)(2)(a) or (b) of this section, an attempt to commit a	23123
felony of the first or second degree that is an offense of	23124
violence and that is not described in division (A)(2)(a) or (b) of	23125
this section if the attempt is a felony of the first or second	23126
degree, or an offense under an existing or former law of this	23127
state, another state, or the United States that is or was	23128
substantially equivalent to any other offense described in this	23129
division.	23130

(ii) The offender previously was convicted of or pleaded	23131
guilty to any offense listed in division (A)(2) or (A)(4)(d)(i) of	23132
this section.	23133

(5) "Sexually oriented offense" has the same meaning as in	23134
section 2950.01 of the Revised Code.	23135

(B) The director of the department of rehabilitation and	23136
correction may ~~petition~~recommend in writing to the sentencing	23137
court ~~for the release~~that the court consider releasing from	23138
prison of any offender who, on or after September 30, 2011, is	23139
confined in a state correctional institution ~~under~~, who is serving	23140
a stated prison term of one year or more, and who is eligible	23141
under division (C) of this section for a release under this	23142
section ~~and who has served at least eighty per cent of that stated~~	23143
~~prison term that remains to be served after the offender becomes~~	23144
~~eligible as described in that division~~. If the director wishes to	23145
~~submit a petition for release~~recommend that the sentencing court	23146
consider releasing an offender under this section, the director	23147
shall ~~submit the petition~~notify the sentencing court in writing	23148
of the offender's eligibility not earlier than ninety days prior	23149
to the date on which the offender ~~has served eighty per cent of~~	23150
~~the offender's stated prison term that remains to be served after~~	23151
~~the offender~~ becomes eligible as described in division (C) of this	23152
section. The director's submission of ~~a petition for release under~~	23153
~~this section~~the written notice constitutes a recommendation by	23154
the director that the court strongly consider release of the	23155
offender consistent with the purposes and principles of sentencing	23156
set forth in sections 2929.11 and 2929.13 of the Revised Code.	23157
Only an offender recommended by the director under division (B) of	23158
this section may be considered for early release under this	23159
section.	23160

(C)(1) An offender serving a stated prison term of one year	23161
or more and who has commenced service of that stated prison term	23162
becomes eligible for release from prison under this section only	23163
as described in this division. An offender serving a stated prison	23164
term that includes a disqualifying prison term is not eligible for	23165
release from prison under this section. An offender serving a	23166
stated prison term that consists solely of one or more restricting	23167
prison terms is not eligible for release under this section. An	23168
offender serving a stated prison term of one year or more that	23169
includes one or more restricting prison terms and one or more	23170
eligible prison terms becomes eligible for release under this	23171
section after having fully served ~~each~~all restricting prison ~~term~~	23172
terms and having served eighty per cent of the stated prison term	23173
that remains to be served after all restricting prison terms have	23174
been fully served. An offender serving a stated prison term that	23175
consists solely of one or more eligible prison terms becomes	23176
eligible for release under this section ~~upon the offender's~~	23177
~~commencement of service~~after having served eighty per cent of	23178
that stated prison term. ~~After an offender becomes eligible for~~	23179
~~release under this section, the director of rehabilitation and~~	23180
~~correction may petition for the release of the offender under~~	23181
~~division (C)(2) of this section no earlier than ninety days before~~	23182
~~the offender has served the portion of the offender's stated~~	23183
~~prison term specified in that division.~~ For purposes of	23184
determining an offender's eligibility for release under this	23185
section, if the offender's stated prison term includes consecutive	23186
prison terms, any restricting prison terms shall be deemed served	23187
prior to any eligible prison terms that run consecutively to the	23188
restricting prison terms, and the eligible prison terms are deemed	23189
to commence after all of the restricting prison terms have been	23190
fully served.	23191

An offender serving a stated prison term ~~one~~of one year or	23192
more that includes a mandatory prison term that is not a	23193
disqualifying prison term and is not a restricting prison term is	23194
not automatically ineligible as a result of the offender's service	23195
of that mandatory term for release from prison under this section,	23196
and the offender's eligibility for release from prison under this	23197
section is determined in accordance with this division.	23198

(2) If an offender confined in a state correctional	23199
institution under a stated prison term is eligible for release	23200
under this section as described in division (C)(1) of this	23201
section, the director of the department of rehabilitation and	23202
correction may ~~petition~~recommend in writing that the sentencing	23203
court ~~pursuant to division (B) of this section for the release~~	23204
consider releasing the offender from prison ~~of the offender~~under	23205
this section by submitting to the sentencing court the written	23206
notice described in division (B) of this section.	23207

(D) The director shall include with any ~~petition~~notice	23208
submitted to the sentencing court under division (B) of this	23209
section an institutional summary report that covers the offender's	23210
participation while confined in a state correctional institution	23211
in school, training, work, treatment, and other rehabilitative	23212
activities and any disciplinary action taken against the offender	23213
while so confined. The director shall include with the ~~petition a~~	23214
~~post-release control assessment and placement plan, when relevant,~~	23215
~~and~~notice any other documentation requested by the court, if	23216
available.	23217

(E) When the director submits a ~~petition~~written notice to a	23218
sentencing court that an offender is eligible to be considered for	23219
early release under this section ~~for release of an offender~~, the	23220
department promptly shall provide to the prosecuting attorney of	23221
the county in which the offender was indicted a copy of the	23222
~~petition~~written notice, a copy of the institutional summary	23223
report, and any other information provided to the court. The	23224
department also promptly shall give written notice of the ~~filing~~	23225
~~of the petition~~submission to any victim of the offender or	23226
victim's representative of any victim of the offender who is	23227
registered with the office of victim's services.	23228

The department also shall post a copy of the written notice	23229
~~of the petition~~ on the database it maintains under section 5120.66	23230
of the Revised Code and include information on where a person may	23231
send comments regarding the ~~petition~~recommendation of early	23232
release.	23233

The information provided to the court, the prosecutor, and	23234
the victim or victim's representative under divisions (D) and (E)	23235
of this section shall include the name and contact information of	23236
a specific department of rehabilitation and correction employee	23237
who is available to answer questions about the offender who is the	23238
subject of the written notice submitted by the director,	23239
including, but not limited to, the offender's institutional	23240
conduct and rehabilitative activities while incarcerated.	23241

(F) Upon receipt of a ~~petition for release of an offender~~	23242
written notice submitted by the director under division (B) of	23243
this section, the court ~~may deny the petition without~~either	23244
shall, on its own motion, schedule a hearing to consider releasing	23245
the offender who is the subject of the notice or shall inform the	23246
department that it will not be conducting a hearing relative to	23247
the offender. The court shall not grant ~~a petition for~~an early	23248
release ofto an offender without holding a hearing. If a court	23249
~~denies a petition for release of an offender without~~declines to	23250
hold a hearing relative to an offender with respect to a written	23251
notice submitted by the director, the court may later consider	23252
release of that offender under this section on ~~a subsequent~~	23253
~~petition. The court shall enter its ruling within~~its own motion	23254
by scheduling a hearing for that purpose. Within thirty days after	23255
the ~~petition~~written notice is ~~filed~~submitted, the court shall	23256
inform the department whether or not the court is scheduling a	23257
hearing on the offender who is the subject of the notice.	23258

(G) If the court ~~grants~~schedules a hearing onupon receiving	23259
a ~~petition for release of an offender~~written notice submitted	23260
under division (B) of this section or upon its own motion under	23261
division (F) of this section, the court shall notify the head of	23262
the state correctional institution in which the offender is	23263
confined of the hearing prior to the hearing. If the court makes a	23264
journal entry ordering the offender to be conveyed to the hearing,	23265
except as otherwise provided in this division, the head of the	23266
correctional institution shall deliver the offender to the sheriff	23267
of the county in which the hearing is to be held, and the sheriff	23268
shall convey the offender to and from the hearing. Upon the	23269
court's own motion or the motion of the offender or the	23270
prosecuting attorney of the county in which the offender was	23271
indicted, the court may permit the offender to appear at the	23272
hearing by video conferencing equipment if equipment of that	23273
nature is available and compatible.	23274

Upon receipt of notice from a court of a hearing on the	23275
release of an offender under this division, the head of the state	23276
correctional institution in which the offender is confined	23277
immediately shall notify the appropriate person at the department	23278
of rehabilitation and correction of the hearing, and the	23279
department within twenty-four hours after receipt of the notice	23280
shall post on the database it maintains pursuant to section	23281
5120.66 of the Revised Code the offender's name and all of the	23282
information specified in division (A)(1)(c)(i) of that section. If	23283
the court ~~grants~~schedules a hearing ~~on a petition for release of~~	23284
~~an offender~~ under this section, the court promptly shall give	23285
notice of the hearing to the prosecuting attorney of the county in	23286
which the offender was indicted. Upon receipt of the notice from	23287
the court, the prosecuting attorney shall notify pursuant to	23288
section 2930.16 of the Revised Code any victim of the offender or	23289
the victim's representative of the hearing.	23290

(H) If the court ~~grants~~schedules a hearing ~~on a petition for~~	23291
~~release of an offender~~ under this section, at the hearing, the	23292
court shall afford the offender and the offender's attorney an	23293
opportunity to present written information and, if present, oral	23294
information relevant to the ~~motion~~offender's early release. The	23295
court shall afford a similar opportunity to the prosecuting	23296
attorney, victim or victim's representative, as defined in section	23297
2930.01 of the Revised Code, and any other person the court	23298
determines is likely to present additional relevant information.	23299
If the court pursuant to division (G) of this section permits the	23300
offender to appear at the hearing by video conferencing equipment,	23301
the offender's opportunity to present oral information shall be as	23302
a part of the video conferencing. The court shall consider any	23303
statement of a victim made under section 2930.14 or 2930.17 of the	23304
Revised Code, any victim impact statement prepared under section	23305
2947.051 of the Revised Code, and any report~~, plan,~~ and other	23306
documentation submitted by the director under division (D) of this	23307
section. After ruling on ~~the motion~~whether to grant the offender	23308
early release, the court shall notify the victim in accordance	23309
with sections 2930.03 and 2930.16 of the Revised Code.	23310

(I) If the court grants ~~a petition for release of~~ an offender	23311
early release under this section, it shall order the release of	23312
the offender, shall place the offender under one or more	23313
appropriate community control sanctions, under appropriate	23314
conditions, and under the supervision of the department of	23315
probation that serves the court, and shall reserve the right to	23316
reimpose the sentence that it reduced and from which the offender	23317
was released if the offender violates the sanction. The court	23318
shall not make a release under this section effective prior to the	23319
date on which the offender ~~has served at least eighty per cent of~~	23320
~~the offender's stated prison term that remains to be served after~~	23321
~~the offender~~ becomes eligible as described in division (C) of this	23322
section. If the sentence under which the offender is confined in a	23323
state correctional institution and from which the offender is	23324
being released was imposed for a felony of the first or second	23325
degree, the court shall consider ordering that the offender be	23326
monitored by means of a global positioning device. If the court	23327
reimposes the sentence that it reduced and from which the offender	23328
was released and if the violation of the sanction is a new	23329
offense, the court may order that the reimposed sentence be served	23330
either concurrently with, or consecutive to, any new sentence	23331
imposed upon the offender as a result of the violation that is a	23332
new offense. The period of all community control sanctions imposed	23333
under this division shall not exceed five years. The court, in its	23334
discretion, may reduce the period of community control sanctions	23335
by the amount of time the offender spent in jail or prison for the	23336
offense.	23337

If the court grants ~~a petition for release of~~ an offender	23338
early release under this section, it shall notify the appropriate	23339
person at the department of rehabilitation and correction of the	23340
release, and the department shall post notice of the release on	23341
the database it maintains pursuant to section 5120.66 of the	23342
Revised Code.	23343

(J) The department shall adopt under Chapter 119. of the	23344
Revised Code any rules necessary to implement this section.	23345

Sec. 2967.191. The department of rehabilitation and	23346
correction shall reduce the stated prison term of a prisoner or,	23347
if the prisoner is serving a term for which there is parole	23348
eligibility, the minimum and maximum term or the parole	23349
eligibility date of the prisoner by the total number of days that	23350
the prisoner was confined for any reason arising out of the	23351
offense for which the prisoner was convicted and sentenced,	23352
including confinement in lieu of bail while awaiting trial,	23353
confinement for examination to determine the prisoner's competence	23354
to stand trial or sanity, and confinement while awaiting	23355
transportation to the place where the prisoner is to serve the	23356
prisoner's prison term, as determined by the sentencing court	23357
under division (B)(2)(h)(i) of section 2929.19 of the Revised	23358
Code. The department of rehabilitation and correction also shall	23359
reduce the stated prison term of a prisoner or, if the prisoner is	23360
serving a term for which there is parole eligibility, the minimum	23361
and maximum term or the parole eligibility date of the prisoner by	23362
the total number of days, if any, that the prisoner previously	23363
served in the custody of the department of rehabilitation and	23364
correction arising out of the offense for which the prisoner was	23365
convicted and sentenced.	23366

Sec. 2967.26. (A)(1) The department of rehabilitation and	23367
correction, by rule, may establish a transitional control program	23368
for the purpose of closely monitoring a prisoner's adjustment to	23369
community supervision during the final one hundred eighty days of	23370
the prisoner's confinement. If the department establishes a	23371
transitional control program under this division, the adult parole	23372
authority may transfer eligible prisoners to transitional control	23373
status under the program during the final one hundred eighty days	23374
of their confinement and under the terms and conditions	23375
established by the department, shall provide for the confinement	23376
as provided in this division of each eligible prisoner so	23377
transferred, and shall supervise each eligible prisoner so	23378
transferred in one or more community control sanctions. Each	23379
eligible prisoner who is transferred to transitional control	23380
status under the program shall be confined in a suitable facility	23381
that is licensed pursuant to division (C) of section 2967.14 of	23382
the Revised Code, or shall be confined in a residence the	23383
department has approved for this purpose and be monitored pursuant	23384
to an electronic monitoring device, as defined in section 2929.01	23385
of the Revised Code. If the department establishes a transitional	23386
control program under this division, the rules establishing the	23387
program shall include criteria that define which prisoners are	23388
eligible for the program, criteria that must be satisfied to be	23389
approved as a residence that may be used for confinement under the	23390
program of a prisoner that is transferred to it and procedures for	23391
the department to approve residences that satisfy those criteria,	23392
and provisions of the type described in division (C) of this	23393
section. At a minimum, the criteria that define which prisoners	23394
are eligible for the program shall provide all of the following:	23395

(a) That a prisoner is eligible for the program if the	23396
prisoner is serving a prison term or term of imprisonment for an	23397
offense committed prior to March 17, 1998, and if, at the time at	23398
which eligibility is being determined, the prisoner would have	23399
been eligible for a furlough under this section as it existed	23400
immediately prior to March 17, 1998, or would have been eligible	23401
for conditional release under former section 2967.23 of the	23402
Revised Code as that section existed immediately prior to March	23403
17, 1998;	23404

(b) That no prisoner who is serving a mandatory prison term	23405
is eligible for the program until after expiration of the	23406
mandatory term;	23407

(c) That no prisoner who is serving a prison term or term of	23408
life imprisonment without parole imposed pursuant to section	23409
2971.03 of the Revised Code is eligible for the program.	23410

(2) At least three weeks prior to transferring to	23411
transitional control under this section a prisoner who is serving	23412
a term of imprisonment or prison term for an offense committed on	23413
or after July 1, 1996, the ~~adult~~division of parole ~~authority~~and	23414
community services of the department of rehabilitation and	23415
correction shall give notice of the pendency of the transfer to	23416
transitional control to the court of common pleas of the county in	23417
which the indictment against the prisoner was found and of the	23418
fact that the court may disapprove the transfer of the prisoner to	23419
transitional control and shall include a report prepared by the	23420
head of the state correctional institution in which the prisoner	23421
is confined. The head of the state correctional institution in	23422
which the prisoner is confined, upon the request of the adult	23423
parole authority, shall provide to the authority for inclusion in	23424
the notice sent to the court under this division a report on the	23425
prisoner's conduct in the institution and in any institution from	23426
which the prisoner may have been transferred. The report shall	23427
cover the prisoner's participation in school, vocational training,	23428
work, treatment, and other rehabilitative activities and any	23429
disciplinary action taken against the prisoner. If the court	23430
disapproves of the transfer of the prisoner to transitional	23431
control, the court shall notify the authority of the disapproval	23432
within thirty days after receipt of the notice. If the court	23433
timely disapproves the transfer of the prisoner to transitional	23434
control, the authority shall not proceed with the transfer. If the	23435
court does not timely disapprove the transfer of the prisoner to	23436
transitional control, the authority may transfer the prisoner to	23437
transitional control.	23438

(3) If the victim of an offense for which a prisoner was	23439
sentenced to a prison term or term of imprisonment has requested	23440
notification under section 2930.16 of the Revised Code and has	23441
provided the department of rehabilitation and correction with the	23442
victim's name and address, the adult parole authority, at least	23443
three weeks prior to transferring the prisoner to transitional	23444
control pursuant to this section, shall notify the victim of the	23445
pendency of the transfer and of the victim's right to submit a	23446
statement to the authority regarding the impact of the transfer of	23447
the prisoner to transitional control. If the victim subsequently	23448
submits a statement of that nature to the authority, the authority	23449
shall consider the statement in deciding whether to transfer the	23450
prisoner to transitional control.	23451

(4) The department of rehabilitation and correction, at least	23452
three weeks prior to transferring a prisoner to transitional	23453
control pursuant to this section, shall post on the database it	23454
maintains pursuant to section 5120.66 of the Revised Code the	23455
prisoner's name and all of the information specified in division	23456
(A)(1)(c)(iv) of that section. In addition to and independent of	23457
the right of a victim to submit a statement as described in	23458
division (A)(3) of this section or to otherwise make a statement	23459
and in addition to and independent of any other right or duty of a	23460
person to present information or make a statement, any person may	23461
send to the adult parole authority at any time prior to the	23462
authority's transfer of the prisoner to transitional control a	23463
written statement regarding the transfer of the prisoner to	23464
transitional control. In addition to the information, reports, and	23465
statements it considers under divisions (A)(2) and (3) of this	23466
section or that it otherwise considers, the authority shall	23467
consider each statement submitted in accordance with this division	23468
in deciding whether to transfer the prisoner to transitional	23469
control.	23470

(B) Each prisoner transferred to transitional control under	23471
this section shall be confined in the manner described in division	23472
(A) of this section during any period of time that the prisoner is	23473
not actually working at the prisoner's approved employment,	23474
engaged in a vocational training or another educational program,	23475
engaged in another program designated by the director, or engaged	23476
in other activities approved by the department.	23477

(C) The department of rehabilitation and correction shall	23478
adopt rules for transferring eligible prisoners to transitional	23479
control, supervising and confining prisoners so transferred,	23480
administering the transitional control program in accordance with	23481
this section, and using the moneys deposited into the transitional	23482
control fund established under division (E) of this section.	23483

(D) The department of rehabilitation and correction may adopt	23484
rules for the issuance of passes for the limited purposes	23485
described in this division to prisoners who are transferred to	23486
transitional control under this section. If the department adopts	23487
rules of that nature, the rules shall govern the granting of the	23488
passes and shall provide for the supervision of prisoners who are	23489
temporarily released pursuant to one of those passes. Upon the	23490
adoption of rules under this division, the department may issue	23491
passes to prisoners who are transferred to transitional control	23492
status under this section in accordance with the rules and the	23493
provisions of this division. All passes issued under this division	23494
shall be for a maximum of forty-eight hours and may be issued only	23495
for the following purposes:	23496

(1) To visit a relative in imminent danger of death;

23497

(2) To have a private viewing of the body of a deceased	23498
relative;	23499

(3) To visit with family;

23500

(4) To otherwise aid in the rehabilitation of the prisoner.

23501

(E) The adult parole authority may require a prisoner who is	23502
transferred to transitional control to pay to the division of	23503
parole and community services the reasonable expenses incurred by	23504
the division in supervising or confining the prisoner while under	23505
transitional control. Inability to pay those reasonable expenses	23506
shall not be grounds for refusing to transfer an otherwise	23507
eligible prisoner to transitional control. Amounts received by the	23508
division of parole and community services under this division	23509
shall be deposited into the transitional control fund, which is	23510
hereby created in the state treasury and which hereby replaces and	23511
succeeds the furlough services fund that formerly existed in the	23512
state treasury. All moneys that remain in the furlough services	23513
fund on March 17, 1998, shall be transferred on that date to the	23514
transitional control fund. The transitional control fund shall be	23515
used solely to pay costs related to the operation of the	23516
transitional control program established under this section. The	23517
director of rehabilitation and correction shall adopt rules in	23518
accordance with section 111.15 of the Revised Code for the use of	23519
the fund.	23520

(F) A prisoner who violates any rule established by the	23521
department of rehabilitation and correction under division (A),	23522
(C), or (D) of this section may be transferred to a state	23523
correctional institution pursuant to rules adopted under division	23524
(A), (C), or (D) of this section, but the prisoner shall receive	23525
credit towards completing the prisoner's sentence for the time	23526
spent under transitional control.	23527

If a prisoner is transferred to transitional control under	23528
this section, upon successful completion of the period of	23529
transitional control, the prisoner may be released on parole or	23530
under post-release control pursuant to section 2967.13 or 2967.28	23531
of the Revised Code and rules adopted by the department of	23532
rehabilitation and correction. If the prisoner is released under	23533
post-release control, the duration of the post-release control,	23534
the type of post-release control sanctions that may be imposed,	23535
the enforcement of the sanctions, and the treatment of prisoners	23536
who violate any sanction applicable to the prisoner are governed	23537
by section 2967.28 of the Revised Code.	23538

Sec. 2967.28. (A) As used in this section:

23539

(1) "Monitored time" means the monitored time sanction	23540
specified in section 2929.17 of the Revised Code.	23541

(2) "Deadly weapon" and "dangerous ordnance" have the same	23542
meanings as in section 2923.11 of the Revised Code.	23543

(3) "Felony sex offense" means a violation of a section	23544
contained in Chapter 2907. of the Revised Code that is a felony.	23545

(4) "Risk reduction sentence" means a prison term imposed by	23546
a court, when the court recommends pursuant to section 2929.143 of	23547
the Revised Code that the offender serve the sentence under	23548
section 5120.036 of the Revised Code, and the offender may	23549
potentially be released from imprisonment prior to the expiration	23550
of the prison term if the offender successfully completes all	23551
assessment and treatment or programming required by the department	23552
of rehabilitation and correction under section 5120.036 of the	23553
Revised Code.	23554

(B) Each sentence to a prison term for a felony of the first	23555
degree, for a felony of the second degree, for a felony sex	23556
offense, or for a felony of the third degree that is not a felony	23557
sex offense and in the commission of which the offender caused or	23558
threatened to cause physical harm to a person shall include a	23559
requirement that the offender be subject to a period of	23560
post-release control imposed by the parole board after the	23561
offender's release from imprisonment. This division applies with	23562
respect to all prison terms of a type described in this division,	23563
including a term of any such type that is a risk reduction	23564
sentence. If a court imposes a sentence including a prison term of	23565
a type described in this division on or after July 11, 2006, the	23566
failure of a sentencing court to notify the offender pursuant to	23567
division (B)(2)(c) of section 2929.19 of the Revised Code of this	23568
requirement or to include in the judgment of conviction entered on	23569
the journal a statement that the offender's sentence includes this	23570
requirement does not negate, limit, or otherwise affect the	23571
mandatory period of supervision that is required for the offender	23572
under this division. Section 2929.191 of the Revised Code applies	23573
if, prior to July 11, 2006, a court imposed a sentence including a	23574
prison term of a type described in this division and failed to	23575
notify the offender pursuant to division (B)(2)(c) of section	23576
2929.19 of the Revised Code regarding post-release control or to	23577
include in the judgment of conviction entered on the journal or in	23578
the sentence pursuant to division (D)(1) of section 2929.14 of the	23579
Revised Code a statement regarding post-release control. Unless	23580
reduced by the parole board pursuant to division (D) of this	23581
section when authorized under that division, a period of	23582
post-release control required by this division for an offender	23583
shall be of one of the following periods:	23584

(1) For a felony of the first degree or for a felony sex	23585
offense, five years;	23586

(2) For a felony of the second degree that is not a felony	23587
sex offense, three years;	23588

(3) For a felony of the third degree that is not a felony sex	23589
offense and in the commission of which the offender caused or	23590
threatened physical harm to a person, three years.	23591

(C) Any sentence to a prison term for a felony of the third,	23592
fourth, or fifth degree that is not subject to division (B)(1) or	23593
(3) of this section shall include a requirement that the offender	23594
be subject to a period of post-release control of up to three	23595
years after the offender's release from imprisonment, if the	23596
parole board, in accordance with division (D) of this section,	23597
determines that a period of post-release control is necessary for	23598
that offender. This division applies with respect to all prison	23599
terms of a type described in this division, including a term of	23600
any such type that is a risk reduction sentence. Section 2929.191	23601
of the Revised Code applies if, prior to July 11, 2006, a court	23602
imposed a sentence including a prison term of a type described in	23603
this division and failed to notify the offender pursuant to	23604
division (B)(2)(d) of section 2929.19 of the Revised Code	23605
regarding post-release control or to include in the judgment of	23606
conviction entered on the journal or in the sentence pursuant to	23607
division (D)(2) of section 2929.14 of the Revised Code a statement	23608
regarding post-release control. Pursuant to an agreement entered	23609
into under section 2967.29 of the Revised Code, a court of common	23610
pleas or parole board may impose sanctions or conditions on an	23611
offender who is placed on post-release control under this	23612
division.	23613

(D)(1) Before the prisoner is released from imprisonment, the	23614
parole board or, pursuant to an agreement under section 2967.29 of	23615
the Revised Code, the court shall impose upon a prisoner described	23616
in division (B) of this section, shall impose upon a prisoner	23617
described in division (C) of this section who is to be released	23618
before the expiration of the prisoner's stated prison term under a	23619
risk reduction sentence, may impose upon a prisoner described in	23620
division (C) of this section who is not to be released before the	23621
expiration of the prisoner's stated prison term under a risk	23622
reduction sentence, and shall impose upon a prisoner described in	23623
division (B)(2)(b) of section 5120.031 or in division (B)(1) of	23624
section 5120.032 of the Revised Code, one or more post-release	23625
control sanctions to apply during the prisoner's period of	23626
post-release control. Whenever the board or court imposes one or	23627
more post-release control sanctions upon a prisoner, the board or	23628
court, in addition to imposing the sanctions, also shall include	23629
as a condition of the post-release control that the offender not	23630
leave the state without permission of the court or the offender's	23631
parole or probation officer and that the offender abide by the	23632
law. The board or court may impose any other conditions of release	23633
under a post-release control sanction that the board or court	23634
considers appropriate, and the conditions of release may include	23635
any community residential sanction, community nonresidential	23636
sanction, or financial sanction that the sentencing court was	23637
authorized to impose pursuant to sections 2929.16, 2929.17, and	23638
2929.18 of the Revised Code. Prior to the release of a prisoner	23639
for whom it will impose one or more post-release control sanctions	23640
under this division, the parole board or court shall review the	23641
prisoner's criminal history, results from the single validated	23642
risk assessment tool selected by the department of rehabilitation	23643
and correction under section 5120.114 of the Revised Code, all	23644
juvenile court adjudications finding the prisoner, while a	23645
juvenile, to be a delinquent child, and the record of the	23646
prisoner's conduct while imprisoned. The parole board or court	23647
shall consider any recommendation regarding post-release control	23648
sanctions for the prisoner made by the office of victims'	23649
services. After considering those materials, the board or court	23650
shall determine, for a prisoner described in division (B) of this	23651
section, division (B)(2)(b) of section 5120.031, or division	23652
(B)(1) of section 5120.032 of the Revised Code and for a prisoner	23653
described in division (C) of this section who is to be released	23654
before the expiration of the prisoner's stated prison term under a	23655
risk reduction sentence, which post-release control sanction or	23656
combination of post-release control sanctions is reasonable under	23657
the circumstances or, for a prisoner described in division (C) of	23658
this section who is not to be released before the expiration of	23659
the prisoner's stated prison term under a risk reduction sentence,	23660
whether a post-release control sanction is necessary and, if so,	23661
which post-release control sanction or combination of post-release	23662
control sanctions is reasonable under the circumstances. In the	23663
case of a prisoner convicted of a felony of the fourth or fifth	23664
degree other than a felony sex offense, the board or court shall	23665
presume that monitored time is the appropriate post-release	23666
control sanction unless the board or court determines that a more	23667
restrictive sanction is warranted. A post-release control sanction	23668
imposed under this division takes effect upon the prisoner's	23669
release from imprisonment.	23670

Regardless of whether the prisoner was sentenced to the	23671
prison term prior to, on, or after July 11, 2006, prior to the	23672
release of a prisoner for whom it will impose one or more	23673
post-release control sanctions under this division, the parole	23674
board shall notify the prisoner that, if the prisoner violates any	23675
sanction so imposed or any condition of post-release control	23676
described in division (B) of section 2967.131 of the Revised Code	23677
that is imposed on the prisoner, the parole board may impose a	23678
prison term of up to one-half of the stated prison term originally	23679
imposed upon the prisoner.	23680

(2) If a prisoner who is placed on post-release control under	23681
this section is released before the expiration of the prisoner's	23682
stated prison term by reason of credit earned under section	23683
2967.193 of the Revised Code and if the prisoner earned sixty or	23684
more days of credit, the adult parole authority shall supervise	23685
the offender with an active global positioning system device for	23686
the first fourteen days after the offender's release from	23687
imprisonment. This division does not prohibit or limit the	23688
imposition of any post-release control sanction otherwise	23689
authorized by this section.	23690

(3) At any time after a prisoner is released from	23691
imprisonment and during the period of post-release control	23692
applicable to the releasee, the adult parole authority or,	23693
pursuant to an agreement under section 2967.29 of the Revised	23694
Code, the court may review the releasee's behavior under the	23695
post-release control sanctions imposed upon the releasee under	23696
this section. The authority or court may determine, based upon the	23697
review and in accordance with the standards established under	23698
division (E) of this section, that a more restrictive or a less	23699
restrictive sanction is appropriate and may impose a different	23700
sanction. The authority also may recommend that the parole board	23701
or court increase or reduce the duration of the period of	23702
post-release control imposed by the court. If the authority	23703
recommends that the board or court increase the duration of	23704
post-release control, the board or court shall review the	23705
releasee's behavior and may increase the duration of the period of	23706
post-release control imposed by the court up to eight years. If	23707
the authority recommends that the board or court reduce the	23708
duration of control for an offense described in division (B) or	23709
(C) of this section, the board or court shall review the	23710
releasee's behavior and may reduce the duration of the period of	23711
control imposed by the court. In no case shall the board or court	23712
reduce the duration of the period of control imposed for an	23713
offense described in division (B)(1) of this section to a period	23714
less than the length of the stated prison term originally imposed,	23715
and in no case shall the board or court permit the releasee to	23716
leave the state without permission of the court or the releasee's	23717
parole or probation officer.	23718

(E) The department of rehabilitation and correction, in	23719
accordance with Chapter 119. of the Revised Code, shall adopt	23720
rules that do all of the following:	23721

(1) Establish standards for the imposition by the parole	23722
board of post-release control sanctions under this section that	23723
are consistent with the overriding purposes and sentencing	23724
principles set forth in section 2929.11 of the Revised Code and	23725
that are appropriate to the needs of releasees;	23726

(2) Establish standards that provide for a period of	23727
post-release control of up to three years for all prisoners	23728
described in division (C) of this section who are to be released	23729
before the expiration of their stated prison term under a risk	23730
reduction sentence and standards by which the parole board can	23731
determine which prisoners described in division (C) of this	23732
section who are not to be released before the expiration of their	23733
stated prison term under a risk reduction sentence should be	23734
placed under a period of post-release control;	23735

(3) Establish standards to be used by the parole board in	23736
reducing the duration of the period of post-release control	23737
imposed by the court when authorized under division (D) of this	23738
section, in imposing a more restrictive post-release control	23739
sanction than monitored time upon a prisoner convicted of a felony	23740
of the fourth or fifth degree other than a felony sex offense, or	23741
in imposing a less restrictive control sanction upon a releasee	23742
based on the releasee's activities including, but not limited to,	23743
remaining free from criminal activity and from the abuse of	23744
alcohol or other drugs, successfully participating in approved	23745
rehabilitation programs, maintaining employment, and paying	23746
restitution to the victim or meeting the terms of other financial	23747
sanctions;	23748

(4) Establish standards to be used by the adult parole	23749
authority in modifying a releasee's post-release control sanctions	23750
pursuant to division (D)(2) of this section;	23751

(5) Establish standards to be used by the adult parole	23752
authority or parole board in imposing further sanctions under	23753
division (F) of this section on releasees who violate post-release	23754
control sanctions, including standards that do the following:	23755

(a) Classify violations according to the degree of	23756
seriousness;	23757

(b) Define the circumstances under which formal action by the	23758
parole board is warranted;	23759

23760

(d) Ensure procedural due process to an alleged violator;

23761

(e) Prescribe nonresidential community control sanctions for	23762
most misdemeanor and technical violations;	23763

(f) Provide procedures for the return of a releasee to	23764
imprisonment for violations of post-release control.	23765

(F)(1) Whenever the parole board imposes one or more	23766
post-release control sanctions upon an offender under this	23767
section, the offender upon release from imprisonment shall be	23768
under the general jurisdiction of the adult parole authority and	23769
generally shall be supervised by the field services section	23770
through its staff of parole and field officers as described in	23771
section 5149.04 of the Revised Code, as if the offender had been	23772
placed on parole. If the offender upon release from imprisonment	23773
violates the post-release control sanction or any conditions	23774
described in division (A) of section 2967.131 of the Revised Code	23775
that are imposed on the offender, the public or private person or	23776
entity that operates or administers the sanction or the program or	23777
activity that comprises the sanction shall report the violation	23778
directly to the adult parole authority or to the officer of the	23779
authority who supervises the offender. The authority's officers	23780
may treat the offender as if the offender were on parole and in	23781
violation of the parole, and otherwise shall comply with this	23782
section.	23783

(2) If the adult parole authority or, pursuant to an	23784
agreement under section 2967.29 of the Revised Code, the court	23785
determines that a releasee has violated a post-release control	23786
sanction or any conditions described in division (A) of section	23787
2967.131 of the Revised Code imposed upon the releasee and that a	23788
more restrictive sanction is appropriate, the authority or court	23789
may impose a more restrictive sanction upon the releasee, in	23790
accordance with the standards established under division (E) of	23791
this section or in accordance with the agreement made under	23792
section 2967.29 of the Revised Code, or may report the violation	23793
to the parole board for a hearing pursuant to division (F)(3) of	23794
this section. The authority or court may not, pursuant to this	23795
division, increase the duration of the releasee's post-release	23796
control or impose as a post-release control sanction a residential	23797
sanction that includes a prison term, but the authority or court	23798
may impose on the releasee any other residential sanction,	23799
nonresidential sanction, or financial sanction that the sentencing	23800
court was authorized to impose pursuant to sections 2929.16,	23801
2929.17, and 2929.18 of the Revised Code.	23802

(3) The parole board or, pursuant to an agreement under	23803
section 2967.29 of the Revised Code, the court may hold a hearing	23804
on any alleged violation by a releasee of a post-release control	23805
sanction or any conditions described in division (A) of section	23806
2967.131 of the Revised Code that are imposed upon the releasee.	23807
If after the hearing the board or court finds that the releasee	23808
violated the sanction or condition, the board or court may	23809
increase the duration of the releasee's post-release control up to	23810
the maximum duration authorized by division (B) or (C) of this	23811
section or impose a more restrictive post-release control	23812
sanction. When appropriate, the board or court may impose as a	23813
post-release control sanction a residential sanction that includes	23814
a prison term. The board or court shall consider a prison term as	23815
a post-release control sanction imposed for a violation of	23816
post-release control when the violation involves a deadly weapon	23817
or dangerous ordnance, physical harm or attempted serious physical	23818
harm to a person, or sexual misconduct, or when the releasee	23819
committed repeated violations of post-release control sanctions.	23820
Unless a releasee's stated prison term was reduced pursuant to	23821
section 5120.032 of the Revised Code, the period of a prison term	23822
that is imposed as a post-release control sanction under this	23823
division shall not exceed nine months, and the maximum cumulative	23824
prison term for all violations under this division shall not	23825
exceed one-half of the stated prison term originally imposed upon	23826
the offender as part of this sentence. If a releasee's stated	23827
prison term was reduced pursuant to section 5120.032 of the	23828
Revised Code, the period of a prison term that is imposed as a	23829
post-release control sanction under this division and the maximum	23830
cumulative prison term for all violations under this division	23831
shall not exceed the period of time not served in prison under the	23832
sentence imposed by the court. The period of a prison term that is	23833
imposed as a post-release control sanction under this division	23834
shall not count as, or be credited toward, the remaining period of	23835
post-release control.	23836

If an offender is imprisoned for a felony committed while	23837
under post-release control supervision and is again released on	23838
post-release control for a period of time determined by division	23839
(F)(4)(d) of this section, the maximum cumulative prison term for	23840
all violations under this division shall not exceed one-half of	23841
the total stated prison terms of the earlier felony, reduced by	23842
any prison term administratively imposed by the parole board or	23843
court, plus one-half of the total stated prison term of the new	23844
felony.	23845

(4) Any period of post-release control shall commence upon an	23846
offender's actual release from prison. If an offender is serving	23847
an indefinite prison term or a life sentence in addition to a	23848
stated prison term, the offender shall serve the period of	23849
post-release control in the following manner:	23850

(a) If a period of post-release control is imposed upon the	23851
offender and if the offender also is subject to a period of parole	23852
under a life sentence or an indefinite sentence, and if the period	23853
of post-release control ends prior to the period of parole, the	23854
offender shall be supervised on parole. The offender shall receive	23855
credit for post-release control supervision during the period of	23856
parole. The offender is not eligible for final release under	23857
section 2967.16 of the Revised Code until the post-release control	23858
period otherwise would have ended.	23859

(b) If a period of post-release control is imposed upon the	23860
offender and if the offender also is subject to a period of parole	23861
under an indefinite sentence, and if the period of parole ends	23862
prior to the period of post-release control, the offender shall be	23863
supervised on post-release control. The requirements of parole	23864
supervision shall be satisfied during the post-release control	23865
period.	23866

(c) If an offender is subject to more than one period of	23867
post-release control, the period of post-release control for all	23868
of the sentences shall be the period of post-release control that	23869
expires last, as determined by the parole board or court. Periods	23870
of post-release control shall be served concurrently and shall not	23871
be imposed consecutively to each other.	23872

(d) The period of post-release control for a releasee who	23873
commits a felony while under post-release control for an earlier	23874
felony shall be the longer of the period of post-release control	23875
specified for the new felony under division (B) or (C) of this	23876
section or the time remaining under the period of post-release	23877
control imposed for the earlier felony as determined by the parole	23878
board or court.	23879

Sec. 2981.11. (A)(1) Any property that has been lost,	23880
abandoned, stolen, seized pursuant to a search warrant, or	23881
otherwise lawfully seized or forfeited and that is in the custody	23882
of a law enforcement agency shall be kept safely by the agency,	23883
pending the time it no longer is needed as evidence or for another	23884
lawful purpose, and shall be disposed of pursuant to sections	23885
2981.12 and 2981.13 of the Revised Code.	23886

(2) This chapter does not apply to the custody and disposal	23887
of any of the following:	23888

(a) Vehicles subject to forfeiture under Title XLV of the	23889
Revised Code, except as provided in division (A)(6) of section	23890
2981.12 of the Revised Code;	23891

(b) Abandoned junk motor vehicles or other property of	23892
negligible value;	23893

(c) Property held by a department of rehabilitation and	23894
correction institution that is unclaimed, that does not have an	23895
identified owner, that the owner agrees to dispose of, or that is	23896
identified by the department as having little value;	23897

(d) Animals taken, and devices used in unlawfully taking	23898
animals, under section 1531.20 of the Revised Code;	23899

(e) Controlled substances sold by a peace officer in the	23900
performance of the officer's official duties under section	23901
3719.141 of the Revised Code;	23902

(f) Property recovered by a township law enforcement agency	23903
under sections 505.105 to 505.109 of the Revised Code;	23904

(g) Property held and disposed of under an ordinance of the	23905
municipal corporation or under sections 737.29 to 737.33 of the	23906
Revised Code, except that a municipal corporation that has	23907
received notice of a citizens' reward program as provided in	23908
division (F) of section 2981.12 of the Revised Code and disposes	23909
of property under an ordinance shall pay twenty-five per cent of	23910
any moneys acquired from any sale or auction to the citizens'	23911
reward program.	23912

(B)(1) Each law enforcement agency that has custody of any	23913
property that is subject to this section shall adopt and comply	23914
with a written internal control policy that does all of the	23915
following:	23916

(a) Provides for keeping detailed records as to the amount of	23917
property acquired by the agency and the date property was	23918
acquired;	23919

(b) Provides for keeping detailed records of the disposition	23920
of the property, which shall include, but not be limited to, both	23921
of the following:	23922

(i) The manner in which it was disposed, the date of	23923
disposition, detailed financial records concerning any property	23924
sold, and the name of any person who received the property. The	23925
record shall not identify or enable identification of the	23926
individual officer who seized any item of property.	23927

(ii) The general types of expenditures made with amounts that	23928
are gained from the sale of the property and that are retained by	23929
the agency, including the specific amount expended on each general	23930
type of expenditure, except that the policy shall not provide for	23931
or permit the identification of any specific expenditure that is	23932
made in an ongoing investigation.	23933

(c) Complies with section 2981.13 of the Revised Code if the	23934
agency has a law enforcement trust fund or similar fund created	23935
under that section.	23936

(2) ~~Each law enforcement agency that during any calendar year~~	23937
~~has any seized or forfeited property covered by this section in~~	23938
~~its custody, including amounts distributed under section 2981.13~~	23939
~~of the Revised Code to its law enforcement trust fund or a similar~~	23940
~~fund created for the state highway patrol, department of public~~	23941
~~safety, department of taxation, or state board of pharmacy, shall~~	23942
~~prepare a report covering the calendar year that cumulates all of~~	23943
~~the information contained in all of the public records kept by the~~	23944
~~agency pursuant to this section for that calendar year. The agency~~	23945
~~shall send a copy of the cumulative report to the attorney general~~	23946
~~not later than the first day of March in the calendar year~~	23947
~~following the calendar year covered by the report.~~	23948

~~(3)~~ The records kept under the internal control policy shall	23949
be open to public inspection during the agency's regular business	23950
hours. The policy adopted under this section ~~and each report~~	23951
~~received by the attorney general~~ is a public record open for	23952
inspection under section 149.43 of the Revised Code.	23953

~~(4) Not later than the fifteenth day of April in each~~	23954
~~calendar year in which reports are sent to the attorney general~~	23955
~~under division (B)(2) of this section, the attorney general shall~~	23956
~~send to the president of the senate and the speaker of the house~~	23957
~~of representatives a written notice that indicates that the~~	23958
~~attorney general received reports that cover the previous calendar~~	23959
~~year, that the reports are open for inspection under section~~	23960
~~149.43 of the Revised Code, and that the attorney general will~~	23961
~~provide a copy of any or all of the reports to the president of~~	23962
~~the senate or the speaker of the house of representatives upon~~	23963
~~request.~~	23964

(C) A law enforcement agency with custody of property to be	23965
disposed of under section 2981.12 or 2981.13 of the Revised Code	23966
shall make a reasonable effort to locate persons entitled to	23967
possession of the property, to notify them of when and where it	23968
may be claimed, and to return the property to them at the earliest	23969
possible time. In the absence of evidence identifying persons	23970
entitled to possession, it is sufficient notice to advertise in a	23971
newspaper of general circulation in the county and to briefly	23972
describe the nature of the property in custody and inviting	23973
persons to view and establish their right to it.	23974

(D) As used in sections 2981.11 to 2981.13 of the Revised	23975
Code:	23976

(1) "Citizens' reward program" has the same meaning as in	23977
section 9.92 of the Revised Code.	23978

(2) "Law enforcement agency" includes correctional	23979
institutions.	23980

(3) "Township law enforcement agency" means an organized	23981
police department of a township, a township police district, a	23982
joint police district, or the office of a township constable.	23983

Sec. 2981.14. (A) Nothing in this chapter precludes the head	23984
of a law enforcement agency that seizes property from seeking	23985
forfeiture under federal law. If the property is forfeitable under	23986
this chapter and federal forfeiture is not sought, the property is	23987
subject only to this chapter.	23988

(B) Any law enforcement agency that receives moneys from a	23989
sale of forfeited property under federal law shall deposit, use,	23990
and account for the amounts, including any interest derived, in	23991
accordance with applicable federal law. If the state highway	23992
patrol or the investigative unit of the department of public	23993
safety receives such federal forfeiture moneys, the appropriate	23994
official shall deposit all interest or other earnings derived from	23995
the investment of the moneys into the ~~contraband, forfeiture, and~~	23996
~~other fund of the~~ highway patrol treasury contraband fund, the	23997
highway patrol justice contraband fund, the investigative unit	23998
treasury contraband fund, or the ~~department~~investigative unit	23999
justice contraband fund, whichever is appropriate.	24000

(C) There is hereby created in the state treasury the highway	24001
patrol treasury contraband fund, the highway patrol justice	24002
contraband fund, the investigative unit treasury contraband fund,	24003
and the investigative unit justice contraband fund. Each fund	24004
shall consist of moneys received under division (B) of this	24005
section and shall be used in accordance with any federal or other	24006
requirements associated with moneys received.	24007

Sec. 3109.14. (A) As used in this section, "birth record"	24008
and "certification of birth" have the meanings given in section	24009
3705.01 of the Revised Code.	24010

(B)(1) The director of health, a person authorized by the	24011
director, a local commissioner of health, or a local registrar of	24012
vital statistics shall charge and collect a fee for each certified	24013
copy of a birth record, for each certification of birth, and for	24014
each copy of a death record. The fee shall be three dollars. The	24015
fee is in addition to the fee imposed by section 3705.24 or any	24016
other section of the Revised Code. A local commissioner of health	24017
or a local registrar of vital statistics may retain an amount of	24018
each additional fee collected, not to exceed three per cent of the	24019
amount of the additional fee, to be used for costs directly	24020
related to the collection of the fee and the forwarding of the fee	24021
to the ~~treasurer of state~~department of health. ~~The~~	24022

The additional fees collected by the director of health or a	24023
person authorized by the director and the additional fees	24024
collected, but not retained~~, under division (B)(1) of this section~~	24025
by a local commissioner of health or a local registrar of vital	24026
statistics shall be forwarded to the ~~treasurer of state~~department	24027
of health not later than thirty days following the end of each	24028
quarter. Not later than two days after the fees are forwarded to	24029
the department each quarter, the department shall pay the	24030
collected fees to the treasurer of state in accordance with rules	24031
adopted by the treasurer of state under section 113.08 of the	24032
Revised Code.	24033

(2) Upon the filing for a divorce decree under section	24034
3105.10 or a decree of dissolution under section 3105.65 of the	24035
Revised Code, a court of common pleas shall charge and collect a	24036
fee. The fee shall be eleven dollars. The fee is in addition to	24037
any other court costs or fees. The county clerk of courts may	24038
retain an amount of each additional fee collected, not to exceed	24039
three per cent of the amount of the additional fee, to be used for	24040
costs directly related to the collection of the fee and the	24041
forwarding of the fee to the treasurer of state. The additional	24042
fees collected, but not retained, under division (B)(2) of this	24043
section shall be forwarded to the treasurer of state not later	24044
than twenty days following the end of each month.	24045

(C) The treasurer of state shall deposit the fees paid or	24046
forwarded under this section in the state treasury to the credit	24047
of the children's trust fund, which is hereby created. A person or	24048
government entity that fails to forward the fees in a timely	24049
manner, as determined by the treasurer of state, shall ~~forward~~	24050
send to the treasurer of state, in addition to the fees, a penalty	24051
equal to ten per cent of the fees.	24052

The treasurer of state shall invest the moneys in the fund,	24053
and all earnings resulting from investment of the fund shall be	24054
credited to the fund, except that actual administrative costs	24055
incurred by the treasurer of state in administering the fund may	24056
be deducted from the earnings resulting from investments. The	24057
amount that may be deducted shall not exceed three per cent of the	24058
total amount of fees credited to the fund in each fiscal year,	24059
except that the children's trust fund board may approve an amount	24060
for actual administrative costs exceeding three per cent but not	24061
exceeding four per cent of such amount. The balance of the	24062
investment earnings shall be credited to the fund. Moneys credited	24063
to the fund shall be used only for the purposes described in	24064
sections 3109.13 to 3109.18 of the Revised Code.	24065

Sec. 3125.41. (A) As used in this section:

24066

(1) "Cable television service" has the same meaning as in	24067
section 2913.01 of the Revised Code.	24068

(2) "Public utility" means a person or entity, including an	24069
entity owned or operated by a municipal corporation or other	24070
government entity, that is described in ~~division (A) of~~ section	24071
4905.03 of the Revised Code as a telephone company, electric light	24072
company, gas company, natural gas company, water-works company,	24073
heating or cooling company, or sewage disposal system company, or	24074
that is providing cable television service.	24075

(B) Except as provided in section 3125.43 of the Revised	24076
Code, the office of child support shall have access to all of the	24077
following unless release of the information is prohibited by	24078
federal or state law:	24079

(1) Any information in the possession of any officer or	24080
entity of the state or any political subdivision of the state that	24081
would aid the office in locating an absent parent or child	24082
pursuant to section 3125.06 of the Revised Code;	24083

(2) Any information concerning the employment, compensation,	24084
and benefits of any obligor or obligee subject to a support order	24085
in the possession of any person;	24086

(3) The name and address of any obligor or obligee subject to	24087
a support order and the obligor's or obligee's employer in the	24088
customer records of a public utility.	24089

Sec. 3301.55. (A) A school district, county DD board, or	24090
eligible nonpublic school operating a preschool program shall	24091
house the program in buildings that meet the following	24092
requirements:	24093

(1) The building is operated by the district, county DD	24094
board, or eligible nonpublic school and has been approved by the	24095
division of ~~labor~~industrial compliance in the department of	24096
commerce or a certified municipal, township, or county building	24097
department for the purpose of operating a program for preschool	24098
children. Any such structure shall be constructed, equipped,	24099
repaired, altered, and maintained in accordance with applicable	24100
provisions of Chapters 3781. and 3791. and with rules adopted by	24101
the board of building standards under Chapter 3781. of the Revised	24102
Code for the safety and sanitation of structures erected for this	24103
purpose.	24104

(2) The building is in compliance with fire and safety laws	24105
and regulations as evidenced by reports of annual school fire and	24106
safety inspections as conducted by appropriate local authorities.	24107

(3) The school is in compliance with rules established by the	24108
state board of education regarding school food services.	24109

(4) The facility includes not less than thirty-five square	24110
feet of indoor space for each child in the program. Safe play	24111
space, including both indoor and outdoor play space, totaling not	24112
less than sixty square feet for each child using the space at any	24113
one time, shall be regularly available and scheduled for use.	24114

(5) First aid facilities and space for temporary placement or	24115
isolation of injured or ill children are provided.	24116

(B) Each school district, county DD board, or eligible	24117
nonpublic school that operates, or proposes to operate, a	24118
preschool program shall submit a building plan including all	24119
information specified by the state board of education to the board	24120
not later than the first day of September of the school year in	24121
which the program is to be initiated. The board shall determine	24122
whether the buildings meet the requirements of this section and	24123
section 3301.53 of the Revised Code, and notify the superintendent	24124
of its determination. If the board determines, on the basis of the	24125
building plan or any other information, that the buildings do not	24126
meet those requirements, it shall cause the buildings to be	24127
inspected by the department of education. The department shall	24128
make a report to the superintendent specifying any aspects of the	24129
building that are not in compliance with the requirements of this	24130
section and section 3301.53 of the Revised Code and the time	24131
period that will be allowed the district, county DD board, or	24132
school to meet the requirements.	24133

Sec. 3302.043. If the United States department of education	24134
approves the application submitted in February 2012 by the Ohio	24135
department of education requesting a waiver from the "No Child	24136
Left Behind Act of 2001," notwithstanding any provision of the	24137
Revised Code to the contrary, the Ohio department of education may	24138
implement the changes contained in the application and approved by	24139
the United States department of education, except for any such	24140
changes related to the report cards issued under sections 3302.03,	24141
3314.012, 3326.17, and 3328.26 of the Revised Code.	24142

Sec. 3304.14. (A) The governor shall appoint an administrator	24143
of the rehabilitation services commission to serve at the pleasure	24144
of the governor and shall fix the administrator's compensation.	24145
The administrator shall devote the administrator's entire time to	24146
the duties of the administrator's office, shall hold no other	24147
office or position of trust and profit, and shall engage in no	24148
other business during the administrator's term of office. The	24149
governor may grant the administrator the authority to appoint,	24150
remove, and discipline without regard to sex, race, creed, color,	24151
age, or national origin, such other professional, administrative,	24152
and clerical staff members as are necessary to carry out the	24153
functions and duties of the commission.	24154

(B)(1) The administrator shall have exclusive authority to	24155
administer the daily operation and provision of vocational	24156
rehabilitation services under this chapter.	24157

(2) The administrator shall establish a fee schedule for	24158
vocational rehabilitation services in accordance with 34 C.F.R.	24159
361.50.	24160

Sec. 3304.16. In carrying out the purposes of sections	24161
3304.11 to 3304.27 of the Revised Code, the rehabilitation	24162
services commission:	24163

(A) Shall develop all necessary rules;

24164

(B) Shall prepare and submit to the governor annual reports	24165
of activities and expenditures and, prior to each first regular	24166
session of the general assembly, an estimate of sums required to	24167
carry out the commission's responsibilities;	24168

(C) Shall certify any disbursement of funds available to the	24169
commission for vocational rehabilitation activities;	24170

(D) Shall serve as the sole state agency designated to	24171
administer the plan under the "Rehabilitation Act of 1973," 87	24172
Stat. 355, 29 U.S.C. 701, as amended;	24173

(E) Shall take appropriate action to guarantee rights of and	24174
services to handicapped persons;	24175

(F) Shall consult with and advise other state agencies to	24176
assist them in meeting the needs of handicapped persons more	24177
effectively and to achieve maximum coordination among programs for	24178
the handicapped;	24179

(G) Shall establish an administrative division of consumer	24180
affairs and advocacy within the commission to promote and help	24181
guarantee the rights of handicapped persons;	24182

(H) Shall maintain an inventory of state services that are	24183
available to handicapped persons;	24184

(I) Shall utilize, support, assist, and cooperate with the	24185
governor's committee on employment of the handicapped;	24186

(J) May delegate to any officer or employee of the commission	24187
any necessary powers and duties, except that the commission shall	24188
delegate to the administrator of the commission, as provided in	24189
section 3304.14 of the Revised Code, the power and duty to	24190
administer the daily operation and provision of vocational	24191
rehabilitation services;	24192

(K) May take any other necessary or appropriate action for	24193
cooperation with public and private agencies and organizations	24194
which may include:	24195

(1) Reciprocal agreements with other states to provide for	24196
the vocational rehabilitation of individuals within the states	24197
concerned;	24198

(2) Contracts or other arrangements with public and other	24199
nonprofit agencies and organizations for the construction or	24200
establishment and operation of vocational rehabilitation programs	24201
and facilities;	24202

(3) Cooperative arrangements with the federal government for	24203
carrying out sections 3304.11 to 3304.27 of the Revised Code, the	24204
"Vocational Rehabilitation Act," 41 Stat. 735 (1920), 29 U.S.C.	24205
31, as amended, or other federal statutes pertaining to vocational	24206
rehabilitation, and to this end, may adopt plans and methods of	24207
administration found necessary by the federal government for the	24208
efficient operation of any joint arrangements or the efficient	24209
application of any federal statutes;	24210

(4) Upon the designation of the governor, performing	24211
functions and services for the federal government relating to	24212
individuals under a physical or mental disability.	24213

(L) ~~Shall comply with~~May take any ~~requirements~~appropriate	24214
action necessary to obtain federal funds in the maximum amount and	24215
most advantageous proportion possible.;	24216

(M) May conduct research and demonstration projects,	24217
including inquiries concerning the causes of blindness and its	24218
prevention, provide training and instruction, including the	24219
establishment and maintenance of research fellowships and	24220
traineeships along with all necessary stipends and allowances,	24221
disseminate information, and provide technical assistance relating	24222
to vocational rehabilitation;	24223

(N) May plan, establish, and operate programs, facilities,	24224
and services relating to vocational rehabilitation;	24225

(O) May accept and hold, invest, reinvest, or otherwise use	24226
gifts made for the purpose of furthering vocational	24227
rehabilitation;	24228

(P) May ameliorate the condition of the aged blind or other	24229
severely disabled individuals by establishing a program of home	24230
visitation by commission employees for the purpose of instruction;	24231

(Q) May establish and manage small business enterprises that	24232
are operated by persons with a substantial handicap to employment,	24233
including blind persons;	24234

(R) May purchase from insurance companies licensed to do	24235
business in this state any insurance deemed necessary by the	24236
commission for the efficient operation of a suitable vending	24237
facility as defined in division (A) of section 3304.28 of the	24238
Revised Code;	24239

(S) May accept directly from any state agency, and any state	24240
agency may transfer directly to the commission, surplus computers	24241
and computer equipment to be used for any purposes the commission	24242
considers appropriate, notwithstanding sections 125.12 to 125.14	24243
of the Revised Code.	24244

Sec. 3304.181. If the total of all funds available from	24245
nonfederal sources to support the activities of the rehabilitation	24246
services commission does not comply with the expenditure	24247
requirements of 34 C.F.R. 361.60 and 361.62 for those activities	24248
or would cause the state to lose an allotment or fail to receive a	24249
reallotment under 34 C.F.R. 361.65, the commission ~~shall~~may	24250
solicit additional funds from, and enter into agreements for the	24251
use of those funds with, private or public entities, including	24252
local government entities of this state. The commission ~~shall~~may	24253
continue to solicit additional funds and enter into agreements	24254
until the total funding available is sufficient for the commission	24255
to receive federal funds at the maximum amount and in the most	24256
advantageous proportion possible.	24257

Any agreement entered into between the commission and a	24258
private or public entity to provide funds under this section shall	24259
be in accordance with 34 C.F.R. 361.28 and section 3304.182 of the	24260
Revised Code.	24261

Sec. 3304.182. Any agreement between the rehabilitation	24262
services commission and a private or public entity providing funds	24263
under section 3304.181 of the Revised Code may permit the	24264
commission to receive a specified percentage of the funds, but the	24265
percentage shall be not more than twenty-five per cent of the	24266
total funds available under the agreement. ~~The agreement shall not~~	24267
~~be for less than six months or be discontinued by the commission~~	24268
~~without the commission first providing three months notice of~~	24269
~~intent to discontinue the agreement.~~ The commission may terminate	24270
an agreement ~~only~~at any time for ~~good~~just cause. It may	24271
terminate an agreement for any other reason by giving at least	24272
thirty days' notice to the public or private entity.	24273

Any services provided under an agreement entered into under	24274
section 3304.181 of the Revised Code shall be provided by a person	24275
or government entity that meets the accreditation standards	24276
established in rules adopted by the commission under section	24277
3304.16 of the Revised Code.	24278

Sec. 3305.01. As used in this chapter:

24279

(A) "Public institution of higher education" means a state	24280
university as defined in section 3345.011 of the Revised Code, the	24281
northeast Ohio medical university, or a university branch,	24282
technical college, state community college, community college, or	24283
municipal university established or operating under Chapter 3345.,	24284
3349., 3354., 3355., 3357., or 3358. of the Revised Code.	24285

(B) "State retirement system" means the public employees	24286
retirement system created under Chapter 145. of the Revised Code,	24287
the state teachers retirement system created under Chapter 3307.	24288
of the Revised Code, or the school employees retirement system	24289
created under Chapter 3309. of the Revised Code.	24290

(C) "Eligible employee" means any person employed as a	24291
full-time employee of a public institution of higher education.	24292

In all cases of doubt, the board of trustees of the public	24293
institution of higher education shall determine whether any person	24294
is an eligible employee for purposes of this chapter, and the	24295
board's decision shall be final.	24296

(D) "Electing employee" means any eligible employee who	24297
elects, pursuant to section 3305.05 or 3305.051 of the Revised	24298
Code, to participate in an alternative retirement plan provided	24299
pursuant to this chapter or an eligible employee who is required	24300
to participate in an alternative retirement plan pursuant to	24301
division (C)~~(4)~~(3) of section 3305.05 or division (F) of section	24302
3305.051 of the Revised Code.	24303

(E) "Compensation," for purposes of an electing employee, has	24304
the same meaning as the applicable one of the following:	24305

(1) If the electing employee would be subject to Chapter 145.	24306
of the Revised Code had the employee not made an election pursuant	24307
to section 3305.05 or 3305.051 of the Revised Code, "earnable	24308
salary" as defined in division (R) of section 145.01 of the	24309
Revised Code;	24310

(2) If the electing employee would be subject to Chapter	24311
3307. of the Revised Code had the employee not made an election	24312
pursuant to section 3305.05 or 3305.051 of the Revised Code,	24313
"compensation" as defined in division (L) of section 3307.01 of	24314
the Revised Code;	24315

(3) If the electing employee would be subject to Chapter	24316
3309. of the Revised Code had the employee not made an election	24317
pursuant to section 3305.05 or 3305.051 of the Revised Code,	24318
"compensation" as defined in division (V) of section 3309.01 of	24319
the Revised Code.	24320

(F) "~~Provider~~Vendor" means an entity designated under	24321
section 3305.03 of the Revised Code as eligible to be a provider	24322
of investment options for an alternative retirement plan.	24323

(G) "Provider" means, with respect to each public institution	24324
of higher education, a vendor that has entered into an agreement	24325
with that public institution of higher education in accordance	24326
with section 3305.04 of the Revised Code.	24327

Sec. 3305.02. An alternative retirement program is hereby	24328
established in accordance with this chapter for the purpose of	24329
providing to eligible employees the opportunity of participating	24330
in an alternative retirement plan as an alternative to	24331
participating in a state retirement system. The employer is the	24332
sponsor of each alternative retirement plan offered under this	24333
chapter.	24334

Each alternative retirement plan offered under this program	24335
shall be a defined contribution plan qualified under section 401	24336
(a) of the Internal Revenue Code that provides retirement and, to	24337
the extent applicable, death benefits through investment options.	24338
The options shall be offered to electing employees pursuant to	24339
trust or custodial accounts or pursuant to group or individual	24340
annuity contracts, and certificates issued under group contracts,	24341
~~and~~. The options may include life insurance, annuities, variable	24342
annuities, regulated investment trusts, pooled investment funds,	24343
or other forms of investment, at the option of each electing	24344
employee.	24345

Notwithstanding this chapter, any retirement plan established	24346
by a public institution of higher education prior to March 31,	24347
1997, as an alternative to participating in any state retirement	24348
system may continue in effect and be modified without regard to	24349
this chapter for all employees at the public institution eligible	24350
to participate in the plan.	24351

Sec. 3305.03. (A) The ~~department of insurance~~Ohio board of	24352
regents shall designate ~~three or more~~the entities that are	24353
eligible to provide investment options under alternative	24354
retirement plans ~~established~~maintained by public institutions of	24355
higher education ~~in accordance with this chapter. An entity shall~~	24356
~~be designated a provider under this section if the entity meets~~.	24357
The board shall accept and review applications from entities	24358
seeking designation as a vendor. The board shall not designate an	24359
entity as a vendor unless the entity meets the requirements	24360
described in division (B) of this section.	24361

(B) To be eligible for designation as a vendor, an entity	24362
must meet both of the following requirements:	24363

(1) ~~It is~~The entity must be authorized to conduct business	24364
in this state with regard to the investment options to be offered	24365
under an alternative retirement plan;maintained by a public	24366
institution of higher education.	24367

(2) ~~It provides~~The entity must offer the same or similar	24368
investment options ~~to be offered~~ under alternative retirement	24369
plans, ~~as group or individual contracts, or a combination thereof,~~	24370
optional retirement plans, or similar types of plans with respect	24371
to which all of the following apply:	24372

(a) The plans are defined contribution plans that are	24373
qualified plans under Internal Revenue Code 401(a) or 403(b).	24374

(b) The plans are maintained by institutions of higher	24375
education in at least ten other states.	24376

~~(B)~~(c) The plans are established as primary retirement plans	24377
that are alternatives to or a component of the applicable state	24378
retirement system.	24379

(C) In ~~designating a provider under this section~~determining	24380
whether to designate an entity as a vendor, the ~~department of~~	24381
~~insurance~~board of regents shall identify, consider, and evaluate	24382
all of the following:	24383

(1) The experience of the ~~provider~~entity in providing in	24384
other states investment options under alternative retirement	24385
~~programs in other states~~plans, optional retirement plans, or	24386
similar types of plans that meet the requirements of division	24387
(B)(2) of this section;	24388

(2) The potential effectiveness of the ~~provider~~entity in	24389
recruiting eligible employees to ~~enter into contracts~~select that	24390
entity for purposes of participating in an alternative retirement	24391
plan and in retaining those ~~contracts~~employees' accounts;	24392

(3) Whether the entity intends to offer a broad range of	24393
investment options to the electing employees;	24394

(4) The suitability of the investment options to the needs	24395
and interests of the electing employees and their beneficiaries;	24396

(5) The capability of the entity to offer sufficient	24397
information to the electing employees and their beneficiaries to	24398
make informed decisions with regard to investment options offered	24399
by the entity;	24400

(6) The capability of the entity to perform in a manner that	24401
is in the best interests of the electing employees and their	24402
beneficiaries;	24403

(7) The fees and expenses associated with the entity's	24404
investment options and the manner in which the entity intends to	24405
disclose those fees and expenses;	24406

(8) The ~~nature and extent of the~~ rights and benefits to be	24407
provided under the investment options;	24408

~~(4) The relationship between the rights and benefits under~~	24409
~~the investment options and the amount of the contributions made~~	24410
~~under those options;~~	24411

~~(5) The suitability of the rights and benefits under the~~	24412
~~investment options to the needs and interests of eligible~~	24413
~~employees;~~	24414

~~(6)~~(9) The capability of the ~~provider~~entity to provide the	24415
rights and benefits under the investment options;	24416

~~(7)~~(10) Comments submitted by a public institution of higher	24417
education under section 3305.031 of the Revised Code;	24418

(11) Any other matters itthe board of regents considers	24419
relevant.	24420

~~(C)~~(D) The ~~department of insurance~~board of regents shall	24421
~~periodically review~~conduct periodic reviews of each ~~provider~~	24422
entity designated ~~under division (A) of this section~~as a vendor	24423
and the investment options being offered to ensure that the	24424
requirements and purposes of this chapter are being met. ~~If the~~	24425
~~department~~The reviews of a vendor shall occur not less frequently	24426
than once every three years.	24427

If it finds that the ~~provider~~vendor is not in compliance	24428
with ~~any requirement~~the requirements of this chapter or the	24429
~~provider~~vendor is not satisfactorily meeting the purposes of this	24430
chapter, the ~~department may~~board shall rescind the ~~provider's~~	24431
vendor's designation.	24432

~~(D)~~(E) Notwithstanding sections 125.01 to 125.11 of the	24433
Revised Code, designation of a ~~provider~~vendor or the execution of	24434
any ~~contract~~agreement under this chapter is not subject to	24435
competitive bidding under those sections.	24436

Sec. 3305.031. (A) As part of the process established under	24437
section 3305.03 of the Revised Code for designating an entity as a	24438
vendor and conducting periodic reviews of a vendor, the Ohio board	24439
of regents shall do all of the following:	24440

(1) Provide written notice to each public institution of	24441
higher education that an entity has applied to be designated as a	24442
vendor under section 3305.03 of the Revised Code;	24443

(2) Provide written notice to each public institution of	24444
higher education that a vendor is scheduled for a review;	24445

(3) Establish a comment period of not less than thirty days	24446
during which a public institution of higher education is	24447
authorized to comment about an entity's application for	24448
designation or a vendor's review and to request a meeting with the	24449
board of regents concerning the application or review;	24450

(4) Not later than fourteen days after the board makes a	24451
decision with respect to an application or review, including any	24452
rescission of a vendor's designation, provide written notice to	24453
each public institution of higher education of the board's	24454
decision.	24455

(B) If a meeting is requested by a public institution of	24456
higher education under division (A)(3) of this section, the board	24457
of regents shall do all of the following:	24458

(1) Notify each public institution of higher education of the	24459
meeting and its time and place;	24460

(2) Hold the meeting not less than ten but not more than	24461
thirty days after the end of the comment period;	24462

(3) Continue to accept comments concerning the application or	24463
review, as applicable, until five business days after the meeting	24464
is held.	24465

(C) The board of regents shall adopt rules under section	24466
3305.032 of the Revised Code specifying the method to be used by	24467
public institutions of higher education in submitting comments to	24468
the board concerning an application or review.	24469

Sec. 3305.032. The Ohio board of regents shall adopt rules	24470
as the board considers necessary to carry out its duties and	24471
responsibilities under this chapter. The rules shall be adopted in	24472
accordance with Chapter 119. of the Revised Code. The rules may	24473
provide for fees to be charged providers by the board to cover	24474
administrative and marketing expenses of the board.	24475

Sec. 3305.04. (A) The board of trustees of each public	24476
institution of higher education shall adopt an alternative	24477
retirement plan in accordance with this chapter. ~~Each public~~	24478
~~institution of higher education shall enter into a contract with~~	24479
~~each provider designated pursuant to section 3305.03 of the~~	24480
~~Revised Code that is willing to provide investment options under~~	24481
~~an alternative retirement plan at that public institution. Each~~	24482
~~contract shall provide for termination of the contract if the~~	24483
~~provider ceases to be a designated provider. In~~	24484

In accordance with this chapter, each board may perform such	24485
functions and provide as necessary for the administration of its	24486
alternative retirement plan.	24487

(B)(1) In implementing the alternative retirement plan	24488
established by the board, the public institution of higher	24489
education shall develop agreements to be entered into with	24490
entities designated under section 3305.03 of the Revised Code as	24491
vendors. Each agreement shall include such terms and conditions as	24492
are determined by the public institution of higher education in	24493
its sole discretion.	24494

(2) Except as provided in division (B)(3) of this section,	24495
the public institution of higher education shall enter into	24496
agreements with a minimum of four vendors or, if fewer than four	24497
vendors are available, with the number of vendors available.	24498

(3) Division (B)(2) of this section does not require a public	24499
institution of higher education to enter into an agreement with a	24500
vendor if either of the following is the case:	24501

(a) The vendor is not willing to provide investment options	24502
under the alternative retirement plan at that public institution.	24503

(b) The vendor is not willing to agree to the terms and	24504
conditions of the agreement.	24505

(4) After an agreement has been entered into, both of the	24506
following apply with respect to termination of the agreement with	24507
the provider:	24508

(a) The agreement shall be terminated if the provider ceases	24509
to be an entity designated as a vendor.	24510

(b) The agreement may be terminated if the provider fails to	24511
comply with the terms and conditions of such agreement.	24512

Sec. 3305.05. (A) As used in this section and section	24513
3305.051 of the Revised Code, "academic or administrative	24514
employee" means any full-time employee not receiving any benefit,	24515
allowance, or other payment granted on the employee's account from	24516
a state retirement system who, before ~~the effective date of this~~	24517
~~section~~August 1, 2005, met one of the following requirements:	24518

(1) The employee was a member of the faculty of a public	24519
institution of higher education.	24520

(2) The employee was a member of the administrative staff of	24521
a public institution of higher education serving in a position in	24522
the unclassified civil service pursuant to section 124.11 of the	24523
Revised Code.	24524

(3) If section 124.11 of the Revised Code did not apply to	24525
the public institution of higher education, the employee was a	24526
member of the administrative staff of a public institution of	24527
higher education serving in a position comparable to a position in	24528
the unclassified civil service.	24529

In all cases of doubt, the board of trustees of the public	24530
institution of higher education shall determine whether any person	24531
is an academic or administrative employee for purposes of this	24532
chapter, and the board's decision shall be final.	24533

(B)(1) Each person who, on ~~the effective date of this section~~	24534
August 1, 2005, is an eligible employee of a public institution of	24535
higher education and has accrued less than five years of service	24536
credit in a state retirement system may, not later than one	24537
hundred twenty days after ~~the effective date of this section~~	24538
August 1, 2005, make an election to participate in an alternative	24539
retirement plan available at the employing public institution,	24540
unless, prior to ~~the effective date of this section~~August 1,	24541
2005, the person had an opportunity pursuant to former section	24542
3305.05 of the Revised Code to make such an election as an	24543
academic or administrative employee of that public institution of	24544
higher education.	24545

(2) An eligible employee whose employment with a public	24546
institution of higher education commences on or after ~~the~~	24547
~~effective date of this section~~August 1, 2005, may, not later than	24548
one hundred twenty days after the starting date of the employment,	24549
make an election to participate in an alternative retirement plan	24550
available at the employing public institution.	24551

(3) An eligible employee who, on or after ~~the effective date~~	24552
~~of this section~~August 1, 2005, terminates employment at one	24553
public institution of higher education and subsequently is	24554
employed by another public institution of higher education in a	24555
position for which an alternative retirement plan is available	24556
may, not later than one hundred twenty days after the starting	24557
date of the employment, elect to participate in an alternative	24558
retirement plan available at that public institution.	24559

(C)(1) An eligible employee who makes an election under	24560
division (B) of this section shall submit the election in writing	24561
to the designated officer of the employee's employing public	24562
institution of higher education. Once submitted, the election is	24563
irrevocable while the eligible employee continues to be employed	24564
by the public institution of higher education. Not later than ten	24565
days after the election becomes irrevocable, the officer shall	24566
file a certified copy of the election with the state retirement	24567
system to which, apart from the election, the employee's	24568
employment would be subject.	24569

Each public institution of higher education that employs a	24570
person eligible to make an election under division (B) of this	24571
section shall notify, in writing, ~~within ten days of the person's~~	24572
~~employment,~~ the state retirement system that applies to that	24573
employment in the manner specified by that state retirement	24574
system. The notice shall include the person's name and address.	24575
The notice shall be given not later than ten days after the first	24576
date the person is on the institution's payroll.	24577

(2) Elections made under division (B) of this section take	24578
effect as follows:	24579

(a) An election under division (B)(1) of this section is	24580
effective as of the date on which the employee's election to	24581
participate in the alternative retirement plan becomes	24582
irrevocable.	24583

(b) An election under division (B)(2) or (3) of this section	24584
is effective as of the electing employee's starting date of	24585
employment.	24586

(3) An eligible employee's election under division (B) of	24587
this section applies to the employee's employment in all positions	24588
at that public institution, unless the employee terminates	24589
employment at the public institution and does not return to	24590
employment in any position at that public institution ~~prior to one~~	24591
~~year~~for at least three hundred sixty-five days after the date of	24592
termination.	24593

(4) An eligible employee who makes an election under division	24594
(B) of this section is forever barred from claiming or purchasing	24595
service credit under any state retirement system for the period of	24596
employment while the election is in effect.	24597

(D)(1) An eligible employee who fails to make an election	24598
under division (B) of this section within the one-hundred-twenty	24599
day election period shall be deemed to have elected to participate	24600
in the state retirement system that applies to the employee's	24601
employment.	24602

(2) An eligible employee who fails to make an election under	24603
division (B) of this section shall not be permitted to make an	24604
election for employment in any other position at the public	24605
institution of higher education while employed at that public	24606
institution, unless the employee terminates employment at the	24607
public institution and does not return to employment in any	24608
position at the public institution ~~prior to one year~~for at least	24609
three hundred sixty-five days after the date of termination.	24610

Sec. 3305.053. The board of trustees of a public institution	24611
of higher education shall permit an employee who makes an election	24612
under section 3305.05 or 3305.051 of the Revised Code to do all of	24613
the following:	24614

(A) Select, from among the providers that have entered into a	24615
~~contract~~an agreement with the public institution of higher	24616
education under section 3305.04 of the Revised Code, the provider	24617
of an investment option for that employee;	24618

(B) ~~Except as permitted under division (C) of this section,~~	24619
~~contract with only one provider in any plan year;~~	24620

~~(C) Change~~Subject to any terms and conditions established by	24621
the public institution of higher education, change the provider	24622
selected under division (A) of this section ~~at the following~~	24623
~~times:~~	24624

~~(1) Once during the first payroll period in any plan year;~~

24625

~~(2) Any time the provider that the employee selected ceases,~~	24626
~~under division (C) of section 3305.03 of the Revised Code, to be~~	24627
~~designated~~any time during the plan year.	24628

~~(D)~~(C) If under division ~~(C)~~(B) of this section an employee	24629
changes providers, the employee may direct the provider ~~shall~~to	24630
transfer to the new provider the employee's account balance either	24631
in whole or in part, as directed by the employee, except that the	24632
provider is not required to immediately transfer any part of the	24633
account invested at the employee's election in a fixed annuity	24634
account if the contract with the employee under which the	24635
investment was made permits the provider to make such a transfer	24636
over a period of time not exceeding ten years and the contract was	24637
filed with and approved by the department of insurance pursuant to	24638
section 3911.011 of the Revised Code.	24639

Sec. 3305.06. (A) Each electing employee shall contribute an	24640
amount, which shall be a certain percentage of the employee's	24641
compensation, to the provider of the investment option the	24642
employee has selected. This percentage shall be the percentage the	24643
electing employee would have otherwise been required to contribute	24644
to the state retirement system that applies to the employee's	24645
position, except that the percentage shall not be less than three	24646
per cent. Employee contributions under this division may be	24647
treated as employer contributions in accordance with Internal	24648
Revenue Code 414(h).	24649

(B) Each public institution of higher education employing an	24650
electing employee shall contribute a percentage of the employee's	24651
compensation to the provider of the investment option the employee	24652
has selected. This percentage shall be equal to the percentage	24653
that the public institution of higher education would otherwise	24654
contribute on behalf of that employee to the state retirement	24655
system that would otherwise cover that employee's position, less	24656
the percentage contributed by the public institution of higher	24657
education under division (D) of this section.	24658

(C)(1) In no event shall the amount contributed by the	24659
electing employee pursuant to division (A) of this section and on	24660
the electing employee's behalf pursuant to division (B) of this	24661
section be less than the amount necessary to qualify the plan as a	24662
state retirement system pursuant to Internal Revenue Code	24663
3121~~(B)~~(b)(7) and the regulations adopted thereunder.	24664

(2) The full amount of the electing employee's contribution	24665
under division (A) of this section and the full amount of the	24666
employer's contribution made on behalf of that employee under	24667
division (B) of this section shall be paid to the appropriate	24668
provider for application to the electing employee's investment	24669
option.	24670

(D) Each public institution of higher education employing an	24671
electing employee shall contribute on behalf of that employee to	24672
the state retirement system that otherwise applies to the electing	24673
employee's position a percentage of the electing employee's	24674
compensation to mitigate any negative financial impact of the	24675
alternative retirement program on the state retirement system. The	24676
percentage shall be six per cent, except that the percentage may	24677
be adjusted by the Ohio retirement study council to reflect the	24678
determinations made by actuarial studies conducted under section	24679
171.07 of the Revised Code. Any adjustment shall become effective	24680
on the first day of the second month following submission of the	24681
actuarial study to the Ohio board of regents under section 171.07	24682
of the Revised Code.	24683

Contributions on behalf of an electing employee shall	24684
continue in accordance with this division until the occurrence of	24685
the following:	24686

(1) If the electing employee would be subject to Chapter 145.	24687
of the Revised Code had the employee not made an election pursuant	24688
to section 3305.05 or 3305.051 of the Revised Code, until the	24689
unfunded actuarial accrued liability for all benefits, except	24690
health care benefits provided under section 145.325 or 145.58 of	24691
the Revised Code and benefit increases provided after March 31,	24692
1997, is fully amortized, as determined by the annual actuarial	24693
valuation prepared under section 145.22 of the Revised Code;	24694

(2) If the electing employee would be subject to Chapter	24695
3307. of the Revised Code had the employee not made an election	24696
pursuant to section 3305.05 or 3305.051 of the Revised Code, until	24697
the unfunded actuarial accrued liability for all benefits, except	24698
health care benefits provided under section 3307.39 or 3307.61 of	24699
the Revised Code and benefit increases provided after March 31,	24700
1997, is fully amortized, as determined by the annual actuarial	24701
valuation prepared under section 3307.51 of the Revised Code;	24702

(3) If the electing employee would be subject to Chapter	24703
3309. of the Revised Code had the employee not made an election	24704
pursuant to section 3305.05 or 3305.051 of the Revised Code, until	24705
the unfunded actuarial accrued liability for all benefits, except	24706
health care benefits provided under section 3309.375 or 3309.69 of	24707
the Revised Code and benefit increases provided after March 31,	24708
1997, is fully amortized, as determined by the annual actuarial	24709
valuation prepared under section 3309.21 of the Revised Code.	24710

Sec. 3313.65. (A) As used in this section and section	24711
3313.64 of the Revised Code:	24712

(1) A person is "in a residential facility" if the person is	24713
a resident or a resident patient of an institution, home, or other	24714
residential facility that is:	24715

(a) Licensed as a nursing home, residential care facility, or	24716
home for the aging by the director of health under section 3721.02	24717
of the Revised Code;	24718

(b) ~~Licensed as an adult care facility by the director of~~	24719
~~mental health under sections 5119.70 to 5119.88 of the Revised~~	24720
~~Code;~~	24721

~~(c)~~ Maintained as a county home or district home by the board	24722
of county commissioners or a joint board of county commissioners	24723
under Chapter 5155. of the Revised Code;	24724

~~(d)~~(c) Operated or administered by a board of alcohol, drug	24725
addiction, and mental health services under section 340.03 or	24726
340.06 of the Revised Code, or provides residential care pursuant	24727
to contracts made under section 340.03 or 340.033 of the Revised	24728
Code;	24729

~~(e)~~(d) Maintained as a state institution for the mentally ill	24730
under Chapter 5119. of the Revised Code;	24731

~~(f)~~(e) Licensed by the department of mental health under	24732
section 5119.20 or 5119.22 of the Revised Code;	24733

~~(g)~~(f) Licensed as a residential facility by the department	24734
of developmental disabilities under section 5123.19 of the Revised	24735
Code;	24736

~~(h)~~(g) Operated by the veteran's administration or another	24737
agency of the United States government;	24738

~~(i)~~(h) Operated by the Ohio veterans' home.

24739

(2) A person is "in a correctional facility" if any of the	24740
following apply:	24741

(a) The person is an Ohio resident and is:

24742

(i) Imprisoned, as defined in section 1.05 of the Revised	24743
Code;	24744

(ii) Serving a term in a community-based correctional	24745
facility or a district community-based correctional facility;	24746

(iii) Required, as a condition of parole, a post-release	24747
control sanction, a community control sanction, transitional	24748
control, or early release from imprisonment, as a condition of	24749
shock parole or shock probation granted under the law in effect	24750
prior to July 1, 1996, or as a condition of a furlough granted	24751
under the version of section 2967.26 of the Revised Code in effect	24752
prior to March 17, 1998, to reside in a halfway house or other	24753
community residential center licensed under section 2967.14 of the	24754
Revised Code or a similar facility designated by the court of	24755
common pleas that established the condition or by the adult parole	24756
authority.	24757

(b) The person is imprisoned in a state correctional	24758
institution of another state or a federal correctional institution	24759
but was an Ohio resident at the time the sentence was imposed for	24760
the crime for which the person is imprisoned.	24761

(3) A person is "in a juvenile residential placement" if the	24762
person is an Ohio resident who is under twenty-one years of age	24763
and has been removed, by the order of a juvenile court, from the	24764
place the person resided at the time the person became subject to	24765
the court's jurisdiction in the matter that resulted in the	24766
person's removal.	24767

(4) "Community control sanction" has the same meaning as in	24768
section 2929.01 of the Revised Code.	24769

(5) "Post-release control sanction" has the same meaning as	24770
in section 2967.01 of the Revised Code.	24771

(B) If the circumstances described in division (C) of this	24772
section apply, the determination of what school district must	24773
admit a child to its schools and what district, if any, is liable	24774
for tuition shall be made in accordance with this section, rather	24775
than section 3313.64 of the Revised Code.	24776

(C) A child who does not reside in the school district in	24777
which the child's parent resides and for whom a tuition obligation	24778
previously has not been established under division (C)(2) of	24779
section 3313.64 of the Revised Code shall be admitted to the	24780
schools of the district in which the child resides if at least one	24781
of the child's parents is in a residential or correctional	24782
facility or a juvenile residential placement and the other parent,	24783
if living and not in such a facility or placement, is not known to	24784
reside in this state.	24785

(D) Regardless of who has custody or care of the child,	24786
whether the child resides in a home, or whether the child receives	24787
special education, if a district admits a child under division (C)	24788
of this section, tuition shall be paid to that district as	24789
follows:	24790

(1) If the child's parent is in a juvenile residential	24791
placement, by the district in which the child's parent resided at	24792
the time the parent became subject to the jurisdiction of the	24793
juvenile court;	24794

(2) If the child's parent is in a correctional facility, by	24795
the district in which the child's parent resided at the time the	24796
sentence was imposed;	24797

(3) If the child's parent is in a residential facility, by	24798
the district in which the parent resided at the time the parent	24799
was admitted to the residential facility, except that if the	24800
parent was transferred from another residential facility, tuition	24801
shall be paid by the district in which the parent resided at the	24802
time the parent was admitted to the facility from which the parent	24803
first was transferred;	24804

(4) In the event of a disagreement as to which school	24805
district is liable for tuition under division (C)(1), (2), or (3)	24806
of this section, the superintendent of public instruction shall	24807
determine which district shall pay tuition.	24808

(E) If a child covered by division (D) of this section	24809
receives special education in accordance with Chapter 3323. of the	24810
Revised Code, the tuition shall be paid in accordance with section	24811
3323.13 or 3323.14 of the Revised Code. Tuition for children who	24812
do not receive special education shall be paid in accordance with	24813
division (J) of section 3313.64 of the Revised Code.	24814

Sec. 3313.71. School physicians may make examinations, which	24815
shall include tests to determine the existence of hearing defects,	24816
and diagnoses of all children referred to them. They may make such	24817
examination of teachers and other school employees and inspection	24818
of school buildings as in their opinion the protection of health	24819
of the pupils, teachers, and other school employees requires.	24820

Boards of education shall require and provide, in accordance	24821
with section 3313.67 of the Revised Code, such tests and	24822
examinations for tuberculosis of pupils in selected grades and of	24823
school employees as may be required by the ~~Ohio public~~director of	24824
health ~~council~~.	24825

Boards may require annual tuberculin tests of any grades. All	24826
pupils with positive reactions to the test shall have chest x-rays	24827
and all positive reactions and x-ray findings shall be reported	24828
promptly to the county record bureau of tuberculosis cases	24829
provided for in section 339.74 of the Revised Code. Boards shall	24830
waive the required test where a pupil presents a written statement	24831
from the pupil's family physician certifying that such test has	24832
been given and that such pupil is free from tuberculosis in a	24833
communicable stage, or that such test is inadvisable for medical	24834
reasons, or from the pupil's parent or guardian objecting to such	24835
test because of religious convictions.	24836

Whenever a pupil, teacher, or other school employee is found	24837
to be ill or suffering from tuberculosis in a communicable stage	24838
or other communicable disease, the school physician shall promptly	24839
send such pupil, teacher, or other school employee home, with a	24840
statement, in the case of a pupil, to the pupil's parents or	24841
guardian, briefly setting forth the discovered facts, and advising	24842
that the family physician be consulted. School physicians shall	24843
keep accurate card-index records of all examinations, and said	24844
records, that they may be uniform throughout the state, shall be	24845
according to the form prescribed by the state board of education,	24846
and the reports shall be made according to the method of said	24847
form. If the parent or guardian of any pupil or any teacher or	24848
other school employee, after notice from the board of education,	24849
furnishes within two weeks thereafter the written certificate of	24850
any reputable physician that the pupil, teacher, or other school	24851
employee has been examined, in such cases the service of the	24852
school physician shall be dispensed with, and such certificate	24853
shall be furnished by such parent or guardian, as required by the	24854
board of education. Such individual records shall not be open to	24855
the public and shall be solely for the use of the boards of	24856
education and boards of health officer. If any teacher or other	24857
school employee is found to have tuberculosis in a communicable	24858
stage or other communicable disease, the teacher's or employee's	24859
employment shall be discontinued or suspended upon such terms as	24860
to salary as the board deems just until the school physician has	24861
certified to a recovery from such disease. The methods of making	24862
the tuberculin tests and chest x-rays required by this section	24863
shall be such as are approved by the director of health.	24864

Sec. 3313.976. (A) No private school may receive scholarship	24865
payments from parents pursuant to section 3313.979 of the Revised	24866
Code until the chief administrator of the private school registers	24867
the school with the superintendent of public instruction. The	24868
state superintendent shall register any school that meets the	24869
following requirements:	24870

(1) The school is located within the boundaries of the pilot	24871
project school district;	24872

(2) The school indicates in writing its commitment to follow	24873
all requirements for a state-sponsored scholarship program	24874
specified under sections 3313.974 to 3313.979 of the Revised Code,	24875
including, but not limited to, the requirements for admitting	24876
students pursuant to section 3313.977 of the Revised Code;	24877

(3) The school meets all state minimum standards for	24878
chartered nonpublic schools in effect on July 1, 1992, except that	24879
the state superintendent at the superintendent's discretion may	24880
register nonchartered nonpublic schools meeting the other	24881
requirements of this division;	24882

(4) The school does not discriminate on the basis of race,	24883
religion, or ethnic background;	24884

(5) The school enrolls a minimum of ten students per class or	24885
a sum of at least twenty-five students in all the classes offered;	24886

(6) The school does not advocate or foster unlawful behavior	24887
or teach hatred of any person or group on the basis of race,	24888
ethnicity, national origin, or religion;	24889

(7) The school does not provide false or misleading	24890
information about the school to parents, students, or the general	24891
public;	24892

(8) For students in grades kindergarten through eight with	24893
family incomes at or below two hundred per cent of the federal	24894
poverty guidelines, as defined in section 5104.46 of the Revised	24895
Code, the school agrees not to charge any tuition ~~to low-income~~	24896
~~families receiving ninety per cent of the scholarship amount~~	24897
~~through the scholarship program, pursuant to division (A) of~~	24898
~~section 3313.978 of the Revised Code,~~ in excess of ~~ten per cent of~~	24899
the scholarship amount established pursuant to division (C)(1) of	24900
section 3313.978 of the Revised Code, excluding any increase	24901
described in division (C)(2) of that section. ~~The school shall~~	24902
~~permit any such tuition, at the discretion of the parent, to be~~	24903
~~satisfied by the low-income family's provision of in-kind~~	24904
~~contributions or services.~~	24905

(9) For students in grades kindergarten through eight with	24906
family incomes above two hundred per cent of the federal poverty	24907
guidelines, whose scholarship amounts are less than the actual	24908
tuition charge of the school, the school agrees not to charge any	24909
tuition ~~to low-income families receiving a seventy-five per cent~~	24910
~~scholarship amount through the scholarship program, pursuant to~~	24911
~~division (A) of section 3313.978 of the Revised Code,~~ in excess of	24912
the difference between the actual tuition charge of the school and	24913
~~seventy-five per cent of~~ the scholarship amount established	24914
pursuant to division (C)(1) of section 3313.978 of the Revised	24915
Code, excluding any increase described in division (C)(2) of that	24916
section. The school shall permit such tuition, at the discretion	24917
of the parent, to be satisfied by the ~~low-income~~ family's	24918
provision of in-kind contributions or services.	24919

(10) The school agrees not to charge any tuition to families	24920
of students in grades nine through twelve receiving a scholarship	24921
in excess of the actual tuition charge of the school less	24922
~~seventy-five or ninety per cent of~~ the scholarship amount	24923
established pursuant to division (C)(1) of section 3313.978 of the	24924
Revised Code, ~~as applicable,~~ excluding any increase described in	24925
division (C)(2) of that section.	24926

(11) Notwithstanding division (K) of section 3301.0711 of the	24927
Revised Code, the school annually administers the assessments	24928
prescribed by section 3301.0710 of the Revised Code to each	24929
scholarship student enrolled in the school in accordance with	24930
section 3301.0711 of the Revised Code and reports to the	24931
department of education the results of each such assessment	24932
administered to each scholarship student.	24933

(B) The state superintendent shall revoke the registration of	24934
any school if, after a hearing, the superintendent determines that	24935
the school is in violation of any of the provisions of division	24936
(A) of this section.	24937

(C) Any public school located in a school district adjacent	24938
to the pilot project district may receive scholarship payments on	24939
behalf of parents pursuant to section 3313.979 of the Revised Code	24940
if the superintendent of the district in which such public school	24941
is located notifies the state superintendent prior to the first	24942
day of March that the district intends to admit students from the	24943
pilot project district for the ensuing school year pursuant to	24944
section 3327.06 of the Revised Code.	24945

(D) Any parent wishing to purchase tutorial assistance from	24946
any person or governmental entity pursuant to the pilot project	24947
program under sections 3313.974 to 3313.979 of the Revised Code	24948
shall apply to the state superintendent. The state superintendent	24949
shall approve providers who appear to possess the capability of	24950
furnishing the instructional services they are offering to	24951
provide.	24952

Sec. 3313.978. (A) Annually by the first day of November,	24953
the superintendent of public instruction shall notify the pilot	24954
project school district of the number of initial scholarships that	24955
the state superintendent will be awarding in each of grades	24956
kindergarten through twelve.	24957

The state superintendent shall provide information about the	24958
scholarship program to all students residing in the district,	24959
shall accept applications from any such students until such date	24960
as shall be established by the state superintendent as a deadline	24961
for applications, and shall establish criteria for the selection	24962
of students to receive scholarships from among all those applying	24963
prior to the deadline, which criteria shall give preference to	24964
students from low-income families. ~~For each student selected, the~~	24965
~~state superintendent shall also determine whether the student~~	24966
~~qualifies for seventy-five or ninety per cent of the scholarship~~	24967
~~amount. Students whose family income is at or above two hundred~~	24968
~~per cent of the maximum income level established by the state~~	24969
~~superintendent for low-income families shall qualify for~~	24970
~~seventy-five per cent of the scholarship amount and students whose~~	24971
~~family income is below two hundred per cent of that maximum income~~	24972
~~level shall qualify for ninety per cent of the scholarship amount.~~	24973
The state superintendent shall notify students of their selection	24974
prior to the fifteenth day of January ~~and whether they qualify for~~	24975
~~seventy-five or ninety per cent of the scholarship amount~~.	24976

(1) A student receiving a pilot project scholarship may	24977
utilize it at an alternative public school by notifying the	24978
district superintendent, at any time before the beginning of the	24979
school year, of the name of the public school in an adjacent	24980
school district to which the student has been accepted pursuant to	24981
section 3327.06 of the Revised Code.	24982

(2) A student may decide to utilize a pilot project	24983
scholarship at a registered private school in the district if all	24984
of the following conditions are met:	24985

(a) By the fifteenth day of February of the preceding school	24986
year, or at any time prior to the start of the school year, the	24987
parent makes an application on behalf of the student to a	24988
registered private school.	24989

(b) The registered private school notifies the parent and the	24990
state superintendent as follows that the student has been	24991
admitted:	24992

(i) By the fifteenth day of March of the preceding school	24993
year if the student filed an application by the fifteenth day of	24994
February and was admitted by the school pursuant to division (A)	24995
of section 3313.977 of the Revised Code;	24996

(ii) Within one week of the decision to admit the student if	24997
the student is admitted pursuant to division (C) of section	24998
3313.977 of the Revised Code.	24999

(c) The student actually enrolls in the registered private	25000
school to which the student was first admitted or in another	25001
registered private school in the district or in a public school in	25002
an adjacent school district.	25003

(B) The state superintendent shall also award in any school	25004
year tutorial assistance grants to a number of students equal to	25005
the number of students who receive scholarships under division (A)	25006
of this section. Tutorial assistance grants shall be awarded	25007
solely to students who are enrolled in the public schools of the	25008
district in a grade level covered by the pilot project. Tutorial	25009
assistance grants may be used solely to obtain tutorial assistance	25010
from a provider approved pursuant to division (D) of section	25011
3313.976 of the Revised Code.	25012

All students wishing to obtain tutorial assistance grants	25013
shall make application to the state superintendent by the first	25014
day of the school year in which the assistance will be used. The	25015
state superintendent shall award assistance grants in accordance	25016
with criteria the superintendent shall establish. ~~For each student~~	25017
~~awarded a grant, the state superintendent shall also determine~~	25018
~~whether the student qualifies for seventy-five or ninety per cent~~	25019
~~of the grant amount and so notify the student. Students whose~~	25020
~~family income is at or above two hundred per cent of the maximum~~	25021
~~income level established by the state superintendent for~~	25022
~~low-income families shall qualify for seventy-five per cent of the~~	25023
~~grant amount and students whose family income is below two hundred~~	25024
~~per cent of that maximum income level shall qualify for ninety per~~	25025
~~cent of the grant amount.~~	25026

(C)(1) In the case of basic scholarships for students in	25027
grades kindergarten through eight, the scholarship amount shall	25028
not exceed the lesser of the net tuition charges of the	25029
alternative school the scholarship recipient attends or three	25030
thousand dollars before fiscal year 2007, three thousand four	25031
hundred fifty dollars in fiscal year 2007 through fiscal year	25032
2011, and four thousand two hundred fifty dollars in fiscal year	25033
2012 and thereafter.	25034

In the case of basic scholarships for students in grades nine	25035
through twelve, the scholarship amount shall not exceed the lesser	25036
of the net tuition charges of the alternative school the	25037
scholarship recipient attends or two thousand seven hundred	25038
dollars before fiscal year 2007, three thousand four hundred fifty	25039
dollars in fiscal year 2007 through fiscal year 2011, and five	25040
thousand dollars in fiscal year 2012 and thereafter.	25041

The net tuition and fees charged to a student shall be the	25042
tuition amount specified by the alternative school minus all other	25043
financial aid, discounts, and adjustments received for the	25044
student. In cases where discounts are offered for multiple	25045
students from the same family, and not all students in the same	25046
family are scholarship recipients, the net tuition amount	25047
attributable to the scholarship recipient shall be the lowest net	25048
tuition to which the family is entitled.	25049

(2) The state superintendent shall provide for an increase in	25050
the basic scholarship amount in the case of any student who is a	25051
mainstreamed student with a disability and shall further increase	25052
such amount in the case of any separately educated student with a	25053
disability. Such increases shall take into account the	25054
instruction, related services, and transportation costs of	25055
educating such students.	25056

(3) In the case of tutorial assistance grants, the grant	25057
amount shall not exceed the lesser of the provider's actual	25058
charges for such assistance or:	25059

(a) Before fiscal year 2007, a percentage established by the	25060
state superintendent, not to exceed twenty per cent, of the amount	25061
of the pilot project school district's average basic scholarship	25062
amount;	25063

(b) In fiscal year 2007 and thereafter, four hundred dollars.

25064

~~(4) No scholarship or tutorial assistance grant shall be~~	25065
~~awarded unless the state superintendent determines that~~	25066
~~twenty-five or ten per cent, as applicable, of the amount~~	25067
~~specified for such scholarship or grant pursuant to division~~	25068
~~(C)(1), (2), or (3) of this section will be furnished by a~~	25069
~~political subdivision, a private nonprofit or for profit entity,~~	25070
~~or another person. Only seventy-five or ninety per cent of such~~	25071
~~amounts, as applicable, shall be paid from state funds pursuant to~~	25072
~~section 3313.979 of the Revised Code.~~	25073

(D)(1) Annually by the first day of November, the state	25074
superintendent shall estimate the maximum per-pupil scholarship	25075
amounts for the ensuing school year. The state superintendent	25076
shall make this estimate available to the general public at the	25077
offices of the district board of education together with the forms	25078
required by division (D)(2) of this section.	25079

(2) Annually by the fifteenth day of January, the chief	25080
administrator of each registered private school located in the	25081
pilot project district and the principal of each public school in	25082
such district shall complete a parental information form and	25083
forward it to the president of the board of education. The	25084
parental information form shall be prescribed by the department of	25085
education and shall provide information about the grade levels	25086
offered, the numbers of students, tuition amounts, achievement	25087
test results, and any sectarian or other organizational	25088
affiliations.	25089

(E)(1) Only for the purpose of administering the pilot	25090
project scholarship program, the department may request from any	25091
of the following entities the data verification code assigned	25092
under division (D)(2) of section 3301.0714 of the Revised Code to	25093
any student who is seeking a scholarship under the program:	25094

(a) The school district in which the student is entitled to	25095
attend school under section 3313.64 or 3313.65 of the Revised	25096
Code;	25097

(b) If applicable, the community school in which the student	25098
is enrolled;	25099

(c) The independent contractor engaged to create and maintain	25100
data verification codes.	25101

(2) Upon a request by the department under division (E)(1) of	25102
this section for the data verification code of a student seeking a	25103
scholarship or a request by the student's parent for that code,	25104
the school district or community school shall submit that code to	25105
the department or parent in the manner specified by the	25106
department. If the student has not been assigned a code, because	25107
the student will be entering kindergarten during the school year	25108
for which the scholarship is sought, the district shall assign a	25109
code to that student and submit the code to the department or	25110
parent by a date specified by the department. If the district does	25111
not assign a code to the student by the specified date, the	25112
department shall assign a code to the student.	25113

The department annually shall submit to each school district	25114
the name and data verification code of each student residing in	25115
the district who is entering kindergarten, who has been awarded a	25116
scholarship under the program, and for whom the department has	25117
assigned a code under this division.	25118

(3) The department shall not release any data verification	25119
code that it receives under division (E) of this section to any	25120
person except as provided by law.	25121

(F) Any document relative to the pilot project scholarship	25122
program that the department holds in its files that contains both	25123
a student's name or other personally identifiable information and	25124
the student's data verification code shall not be a public record	25125
under section 149.43 of the Revised Code.	25126

(G)(1) The department annually shall compile the scores	25127
attained by scholarship students enrolled in registered private	25128
schools on the assessments administered to the students pursuant	25129
to division (A)(11) of section 3313.976 of the Revised Code. The	25130
scores shall be aggregated as follows:	25131

(a) By school district, which shall include all scholarship	25132
students residing in the pilot project school district who are	25133
enrolled in a registered private school and were required to take	25134
an assessment pursuant to division (A)(11) of section 3313.976 of	25135
the Revised Code;	25136

(b) By registered private school, which shall include all	25137
scholarship students enrolled in that school who were required to	25138
take an assessment pursuant to division (A)(11) of section	25139
3313.976 of the Revised Code.	25140

(2) The department shall disaggregate the student performance	25141
data described in division (G)(1) of this section according to the	25142
following categories:	25143

(a) Age;

25144

(b) Race and ethnicity;

25145

25146

(d) Students who have participated in the scholarship program	25147
for three or more years;	25148

(e) Students who have participated in the scholarship program	25149
for more than one year and less than three years;	25150

(f) Students who have participated in the scholarship program	25151
for one year or less;	25152

(g) Economically disadvantaged students.

25153

(3) The department shall post the student performance data	25154
required under divisions (G)(1) and (2) of this section on its web	25155
site and shall include that data in the information about the	25156
scholarship program provided to students under division (A) of	25157
this section. In reporting student performance data under this	25158
division, the department shall not include any data that is	25159
statistically unreliable or that could result in the	25160
identification of individual students. For this purpose, the	25161
department shall not report performance data for any group that	25162
contains less than ten students.	25163

(4) The department shall provide the parent of each	25164
scholarship student enrolled in a registered private school with	25165
information comparing the student's performance on the assessments	25166
administered pursuant to division (A)(11) of section 3313.976 of	25167
the Revised Code with the average performance of similar students	25168
enrolled in the building operated by the pilot project school	25169
district that the scholarship student would otherwise attend. In	25170
calculating the performance of similar students, the department	25171
shall consider age, grade, race and ethnicity, gender, and	25172
socioeconomic status.	25173

Sec. 3313.979. Each scholarship to be used for payments to a	25174
registered private school is payable to the parents of the student	25175
entitled to the scholarship. Each scholarship to be used for	25176
payments to a public school in an adjacent school district is	25177
payable to the school district of attendance by the superintendent	25178
of public instruction. Each grant to be used for payments to an	25179
approved tutorial assistance provider is payable to the approved	25180
tutorial assistance provider.	25181

(A)(1) By the fifteenth day of each month of the school year	25182
that any scholarship students are enrolled in a registered private	25183
school, the chief administrator of that school shall notify the	25184
state superintendent of:	25185

(a) The number of scholarship students who were reported to	25186
the school district as having been admitted by that private school	25187
pursuant to division (A)(2)(b) of section 3313.978 of the Revised	25188
Code and who were still enrolled in the private school as of the	25189
first day of such month~~, and the numbers of such students who~~	25190
~~qualify for seventy-five and ninety per cent of the scholarship~~	25191
~~amount~~;	25192

(b) The number of scholarship students who were reported to	25193
the school district as having been admitted by another private	25194
school pursuant to division (A)(2)(b) of section 3313.978 of the	25195
Revised Code and since the date of admission have transferred to	25196
the school providing the notification under division (A)(1) of	25197
this section~~, and the numbers of such students who qualify for~~	25198
~~seventy-five and ninety per cent of the scholarship amount~~.	25199

(2) From time to time, the state superintendent shall make a	25200
payment to the parent of each student entitled to a scholarship.	25201
Each payment shall include for each student reported under	25202
division (A)(1) of this section, a portion of ~~seventy-five or~~	25203
~~ninety per cent, as applicable, of~~ the scholarship amount	25204
specified in divisions (C)(1) and (2) of section 3313.978 of the	25205
Revised Code. This amount shall be proportionately reduced in the	25206
case of any such student who is not enrolled in a registered	25207
private school for the entire school year.	25208

(3) The first payment under this division shall be made by	25209
the last day of November and shall equal one-third of ~~seventy-five~~	25210
~~or ninety per cent, as applicable, of~~ the estimated total amount	25211
that will be due to the parent for the school year pursuant to	25212
division (A)(2) of this section.	25213

(B) The state superintendent, on behalf of the parents of a	25214
scholarship student enrolled in a public school in an adjacent	25215
school district pursuant to section 3327.06 of the Revised Code,	25216
shall make the tuition payments required by that section to the	25217
school district admitting the student, except that,	25218
notwithstanding sections 3323.13, 3323.14, and 3327.06 of the	25219
Revised Code, the total payments in any school year shall not	25220
exceed ~~seventy-five or ninety per cent, as applicable, of~~ the	25221
scholarship amount provided in divisions (C)(1) and (2) of section	25222
3313.978 of the Revised Code.	25223

(C) Whenever an approved provider provides tutorial	25224
assistance to a student, the state superintendent shall pay the	25225
approved provider for such costs upon receipt of a statement	25226
specifying the services provided and the costs of the services,	25227
which statement shall be signed by the provider and verified by	25228
the chief administrator having supervisory control over the	25229
tutoring site. The total payments to any approved provider under	25230
this division for all provider services to any individual student	25231
in any school year shall not exceed ~~seventy-five or ninety per~~	25232
~~cent, as applicable, of~~ the grant amount provided in division	25233
(C)(3) of section 3313.978 of the Revised Code.	25234

Sec. 3318.034. (A) This section applies to both of the	25235
following:	25236

(1) Any school district that has not executed an agreement	25237
for a project under sections 3318.01 to 3318.20 of the Revised	25238
Code prior to June 24, 2008;	25239

(2) Any school district that is eligible for additional	25240
assistance under sections 3318.01 to 3318.20 of the Revised Code	25241
pursuant to division (B)(2) of section 3318.04 of the Revised	25242
Code.	25243

Notwithstanding any provision of this chapter to the	25244
contrary, with the approval of the Ohio school facilities	25245
commission, any school district to which this section applies may	25246
opt to divide the district's entire classroom facilities needs, as	25247
those needs are jointly determined by the staff of the commission	25248
and the school district, into discrete segments and shall comply	25249
with all of the provisions of those sections unless otherwise	25250
provided in this section.	25251

(B) Except as provided in division (C) of this section, each	25252
segment shall comply with all of the following:	25253

(1) The segment shall consist of the new construction of one	25254
or more entire buildings or the complete renovation of one or more	25255
entire existing buildings, with any necessary additions to that	25256
building.	25257

(2) The segment shall not include any construction of or	25258
renovation or repair to any building that does not complete the	25259
needs of the district with respect to that particular building at	25260
the time the segment is completed.	25261

(3) The segment shall consist of new construction,	25262
renovations, additions, reconstruction, or repair of classroom	25263
facilities to the extent that the school district portion, as	25264
determined under section 3318.032 of the Revised Code, is an	25265
amount not less than the product of 0.040 times the district's	25266
valuation at the time the agreement for the segment is executed,	25267
unless the district previously has undertaken a segment under this	25268
section and the district's portion of the estimated basic project	25269
cost of the remainder of its entire classroom facilities needs, as	25270
determined jointly by the staff of the commission and the	25271
district, is less than the amount otherwise required by this	25272
division.	25273

(C) A district described in division (A)(2) of this section	25274
that has not received the additional assistance authorized under	25275
division (B)(2) of section 3318.04 of the Revised Code may	25276
undertake a segment, with commission approval, for the purpose of	25277
renovating or replacing work performed on a facility under the	25278
district's prior project. The commission may approve that segment	25279
if the commission determines that the renovation or replacement is	25280
necessary to protect the facility. The basic project cost of the	25281
segment shall be allocated between the state and the district in	25282
accordance with section 3318.032 of the Revised Code. However, the	25283
requirements of division (B) of this section shall not apply to a	25284
segment undertaken under this division.	25285

(D) The commission shall conditionally approve and seek	25286
controlling board approval in accordance with division (A) of	25287
section 3318.04 of the Revised Code of each segment.	25288

(E) ~~The school district's maintenance levy requirement, as~~	25289
~~defined in section 3318.18 of the Revised Code,~~(1) When	25290
undertaking a segment under this section, a school district may	25291
elect to prorate its full maintenance amount by setting aside for	25292
maintenance the amount calculated under division (E)(2) of this	25293
section to maintain the classroom facilities acquired under the	25294
segment, if the district will use one or more of the alternative	25295
methods authorized in sections 3318.051, 3318.052, and 3318.084 of	25296
the Revised Code to generate the entire amount calculated under	25297
that division. If the district so elects, the commission and the	25298
district shall include in the agreement entered into under section	25299
3318.08 of the Revised Code a statement specifying that the	25300
district will use the amount calculated under that division only	25301
to maintain the classroom facilities acquired under the segment.	25302

(2) The commission shall calculate the amount for a school	25303
district to maintain the classroom facilities acquired under a	25304
segment as follows:	25305

The full maintenance amount X (the school district's portion	25306
of the basic project cost for the segment / the school district's	25307
portion of the basic project cost for the district's entire	25308
classroom facilities needs, as determined jointly by the staff of	25309
the commission and the district)	25310

(3) A school district may elect to prorate its full	25311
maintenance amount for any number of segments, provided the	25312
district will use one or more of the alternative methods	25313
authorized in sections 3318.051, 3318.052, and 3318.084 of the	25314
Revised Code to generate the entire amount calculated under	25315
division (E)(2) of this section to maintain the classroom	25316
facilities acquired under each segment for which it so elects. If	25317
the district cannot use one or more of those alternative methods	25318
to generate the entire amount calculated under that division, the	25319
district shall levy the tax described in division (B) of section	25320
3318.05 of the Revised Code or an extension of that tax under	25321
section 3318.061 of the Revised Code in an amount necessary to	25322
generate the remainder of its full maintenance amount. The	25323
commission shall calculate the remainder of the district's full	25324
maintenance amount as follows:	25325

The full maintenance amount - the sum of the amounts	25326
calculated for the district under division (E)(2) of this section	25327
for each prior segment of the district's project	25328

(4) In no case shall the sum of the amounts calculated for a	25329
school district's maintenance of classroom facilities under	25330
divisions (E)(2) and (3) of this section exceed the amount that	25331
would have been required for maintenance if the district had	25332
elected to undertake its project in its entirety instead of	25333
segmenting the project under this section.	25334

(5) If a school district commenced a segment under this	25335
section prior to the effective date of this amendment but has not	25336
completed that segment, and has not levied the tax described in	25337
division (B) of section 3318.05 of the Revised Code or an	25338
extension of that tax under section 3318.061 of the Revised Code,	25339
the district may request approval from the commission to prorate	25340
its full maintenance amount in accordance with divisions (E)(1) to	25341
(4) of this section. If the commission approves the request, the	25342
commission and the district shall amend the agreement entered into	25343
under section 3318.08 of the Revised Code to reflect the change.	25344

(F) If a school district levies the tax described in division	25345
(B) of section 3318.05 of the Revised Code or an extension of that	25346
tax under section 3318.061 of the Revised Code, the tax shall run	25347
for twenty-three years from the date the ~~first~~ segment for which	25348
the tax is initially levied is undertaken~~; however, the~~. The	25349
maintenance levy requirement, as defined in section 3318.18 of the	25350
Revised Code, does not apply to a segment undertaken under	25351
division (C) of this section.	25352

(G) As used in this section, "full maintenance amount" means	25353
the amount of total revenue that a school district likely would	25354
generate by one-half mill of the tax described in division (B) of	25355
section 3318.05 of the Revised Code over the entire	25356
twenty-three-year period required under that section, as	25357
determined by the commission in consultation with the department	25358
of taxation.	25359

Sec. 3318.08. Except in the case of a joint vocational	25360
school district that receives assistance under sections 3318.40 to	25361
3318.45 of the Revised Code, if the requisite favorable vote on	25362
the election is obtained, or if the school district board has	25363
resolved to apply the proceeds of a property tax levy or the	25364
proceeds of an income tax, or a combination of proceeds from such	25365
taxes, as authorized in section 3318.052 of the Revised Code, the	25366
Ohio school facilities commission, upon certification to it of	25367
either the results of the election or the resolution under section	25368
3318.052 of the Revised Code, shall enter into a written agreement	25369
with the school district board for the construction and sale of	25370
the project. In the case of a joint vocational school district	25371
that receives assistance under sections 3318.40 to 3318.45 of the	25372
Revised Code, if the school district board of education and the	25373
school district electors have satisfied the conditions prescribed	25374
in division (D)(1) of section 3318.41 of the Revised Code, the	25375
commission shall enter into an agreement with the school district	25376
board for the construction and sale of the project. In either	25377
case, the agreement shall include, but need not be limited to, the	25378
following provisions:	25379

(A) The sale and issuance of bonds or notes in anticipation	25380
thereof, as soon as practicable after the execution of the	25381
agreement, in an amount equal to the school district's portion of	25382
the basic project cost, including any securities authorized under	25383
division (J) of section 133.06 of the Revised Code and dedicated	25384
by the school district board to payment of the district's portion	25385
of the basic project cost of the project; provided, that if at	25386
that time the county treasurer of each county in which the school	25387
district is located has not commenced the collection of taxes on	25388
the general duplicate of real and public utility property for the	25389
year in which the controlling board approved the project, the	25390
school district board shall authorize the issuance of a first	25391
installment of bond anticipation notes in an amount specified by	25392
the agreement, which amount shall not exceed an amount necessary	25393
to raise the net bonded indebtedness of the school district as of	25394
the date of the controlling board's approval to within five	25395
thousand dollars of the required level of indebtedness for the	25396
preceding year. In the event that a first installment of bond	25397
anticipation notes is issued, the school district board shall, as	25398
soon as practicable after the county treasurer of each county in	25399
which the school district is located has commenced the collection	25400
of taxes on the general duplicate of real and public utility	25401
property for the year in which the controlling board approved the	25402
project, authorize the issuance of a second and final installment	25403
of bond anticipation notes or a first and final issue of bonds.	25404

The combined value of the first and second installment of	25405
bond anticipation notes or the value of the first and final issue	25406
of bonds shall be equal to the school district's portion of the	25407
basic project cost. The proceeds of any such bonds shall be used	25408
first to retire any bond anticipation notes. Otherwise, the	25409
proceeds of such bonds and of any bond anticipation notes, except	25410
the premium and accrued interest thereon, shall be deposited in	25411
the school district's project construction fund. In determining	25412
the amount of net bonded indebtedness for the purpose of fixing	25413
the amount of an issue of either bonds or bond anticipation notes,	25414
gross indebtedness shall be reduced by moneys in the bond	25415
retirement fund only to the extent of the moneys therein on the	25416
first day of the year preceding the year in which the controlling	25417
board approved the project. Should there be a decrease in the tax	25418
valuation of the school district so that the amount of	25419
indebtedness that can be incurred on the tax duplicates for the	25420
year in which the controlling board approved the project is less	25421
than the amount of the first installment of bond anticipation	25422
notes, there shall be paid from the school district's project	25423
construction fund to the school district's bond retirement fund to	25424
be applied against such notes an amount sufficient to cause the	25425
net bonded indebtedness of the school district, as of the first	25426
day of the year following the year in which the controlling board	25427
approved the project, to be within five thousand dollars of the	25428
required level of indebtedness for the year in which the	25429
controlling board approved the project. The maximum amount of	25430
indebtedness to be incurred by any school district board as its	25431
share of the cost of the project is either an amount that will	25432
cause its net bonded indebtedness, as of the first day of the year	25433
following the year in which the controlling board approved the	25434
project, to be within five thousand dollars of the required level	25435
of indebtedness, or an amount equal to the required percentage of	25436
the basic project costs, whichever is greater. All bonds and bond	25437
anticipation notes shall be issued in accordance with Chapter 133.	25438
of the Revised Code, and notes may be renewed as provided in	25439
section 133.22 of the Revised Code.	25440

(B) The transfer of such funds of the school district board	25441
available for the project, together with the proceeds of the sale	25442
of the bonds or notes, except premium, accrued interest, and	25443
interest included in the amount of the issue, to the school	25444
district's project construction fund;	25445

(C) For all school districts except joint vocational school	25446
districts that receive assistance under sections 3318.40 to	25447
3318.45 of the Revised Code, the following provisions as	25448
applicable:	25449

(1) If section 3318.052 of the Revised Code applies, the	25450
earmarking of the proceeds of a tax levied under section 5705.21	25451
of the Revised Code for general permanent improvements or under	25452
section 5705.218 of the Revised Code for the purpose of permanent	25453
improvements, or the proceeds of a school district income tax	25454
levied under Chapter 5748. of the Revised Code, or the proceeds	25455
from a combination of those two taxes, in an amount to pay all or	25456
part of the service charges on bonds issued to pay the school	25457
district portion of the project and an amount equivalent to all or	25458
part of the tax required under division (B) of section 3318.05 of	25459
the Revised Code;	25460

(2) If section 3318.052 of the Revised Code does not apply,	25461
one of the following:	25462

(a) The levy of the tax authorized at the election for the	25463
payment of maintenance costs, as specified in division (B) of	25464
section 3318.05 of the Revised Code;	25465

(b) If the school district electors have approved a	25466
continuing tax for general permanent improvements under section	25467
5705.21 of the Revised Code and that tax can be used for	25468
maintenance, the earmarking of an amount of the proceeds from such	25469
tax for maintenance of classroom facilities as specified in	25470
division (B) of section 3318.05 of the Revised Code;	25471

(c) If, in lieu of the tax otherwise required under division	25472
(B) of section 3318.05 of the Revised Code, the commission has	25473
approved the transfer of money to the maintenance fund in	25474
accordance with section 3318.051 of the Revised Code, a	25475
requirement that the district board comply with the provisions	25476
that section. The district board may rescind the provision	25477
prescribed under division (C)(2)(c) of this section only so long	25478
as the electors of the district have approved, in accordance with	25479
section 3318.063 of the Revised Code, the levy of a tax for the	25480
maintenance of the classroom facilities acquired under the	25481
district's project and that levy continues to be collected as	25482
approved by the electors.	25483

(D) For joint vocational school districts that receive	25484
assistance under sections 3318.40 to 3318.45 of the Revised Code,	25485
provision for deposit of school district moneys dedicated to	25486
maintenance of the classroom facilities acquired under those	25487
sections as prescribed in section 3318.43 of the Revised Code;	25488

(E) Dedication of any local donated contribution as provided	25489
for under section 3318.084 of the Revised Code, including a	25490
schedule for depositing such moneys applied as an offset of the	25491
district's obligation to levy the tax described in division (B) of	25492
section 3318.05 of the Revised Code as required under division	25493
(D)(2) of section 3318.084 of the Revised Code;	25494

(F) Ownership of or interest in the project during the period	25495
of construction, which shall be divided between the commission and	25496
the school district board in proportion to their respective	25497
contributions to the school district's project construction fund;	25498

(G) Maintenance of the state's interest in the project until	25499
any obligations issued for the project under section 3318.26 of	25500
the Revised Code are no longer outstanding;	25501

(H) The insurance of the project by the school district from	25502
the time there is an insurable interest therein and so long as the	25503
state retains any ownership or interest in the project pursuant to	25504
division (F) of this section, in such amounts and against such	25505
risks as the commission shall require; provided, that the cost of	25506
any required insurance until the project is completed shall be a	25507
part of the basic project cost;	25508

(I) The certification by the director of budget and	25509
management that funds are available and have been set aside to	25510
meet the state's share of the basic project cost as approved by	25511
the controlling board pursuant to either section 3318.04 or	25512
division (B)(1) of section 3318.41 of the Revised Code;	25513

(J) Authorization of the school district board to advertise	25514
for and receive construction bids for the project, for and on	25515
behalf of the commission, and to award contracts in the name of	25516
the state subject to approval by the commission;	25517

(K) Provisions for the disbursement of moneys from the school	25518
district's project account upon issuance by the commission or the	25519
commission's designated representative of vouchers for work done	25520
to be certified to the commission by the treasurer of the school	25521
district board;	25522

(L) Disposal of any balance left in the school district's	25523
project construction fund upon completion of the project;	25524

(M) Limitations upon use of the project or any part of it so	25525
long as any obligations issued to finance the project under	25526
section 3318.26 of the Revised Code are outstanding;	25527

(N) Provision for vesting the state's interest in the project	25528
to the school district board when the obligations issued to	25529
finance the project under section 3318.26 of the Revised Code are	25530
outstanding;	25531

(O) Provision for deposit of an executed copy of the	25532
agreement in the office of the commission;	25533

(P) Provision for termination of the contract and release of	25534
the funds encumbered at the time of the conditional approval, if	25535
the proceeds of the sale of the bonds of the school district board	25536
are not paid into the school district's project construction fund	25537
and if bids for the construction of the project have not been	25538
taken within such period after the execution of the agreement as	25539
may be fixed by the commission;	25540

(Q) Provision for the school district to maintain the project	25541
in accordance with a plan approved by the commission;	25542

(R) Provision that all state funds reserved and encumbered to	25543
pay the state share of the cost of the project and the funds	25544
provided by the school district to pay for its share of the	25545
project cost, including the respective shares of the cost of a	25546
segment if the project is divided into segments, be spent on the	25547
construction and acquisition of the project or segment	25548
simultaneously in proportion to the state's and the school	25549
district's respective shares of that basic project cost as	25550
determined under section 3318.032 of the Revised Code or, if the	25551
district is a joint vocational school district, under section	25552
3318.42 of the Revised Code. However, if the school district	25553
certifies to the commission that expenditure by the school	25554
district is necessary to maintain the federal tax status or	25555
tax-exempt status of notes or bonds issued by the school district	25556
to pay for its share of the project cost or to comply with	25557
applicable temporary investment periods or spending exceptions to	25558
rebate as provided for under federal law in regard to those notes	25559
or bonds, the school district may commit to spend, or spend, a	25560
greater portion of the funds it provides during any specific	25561
period than would otherwise be required under this division.	25562

(S) A provision stipulating that the commission may prohibit	25563
the district from proceeding with any project if the commission	25564
determines that the site is not suitable for construction	25565
purposes. The commission may perform soil tests in its	25566
determination of whether a site is appropriate for construction	25567
purposes.	25568

(T) A provision stipulating that, unless otherwise authorized	25569
by the commission, any contingency reserve portion of the	25570
construction budget prescribed by the commission shall be used	25571
only to pay costs resulting from unforeseen job conditions, to	25572
comply with rulings regarding building and other codes, to pay	25573
costs related to design clarifications or corrections to contract	25574
documents, and to pay the costs of settlements or judgments	25575
related to the project as provided under section 3318.086 of the	25576
Revised Code;	25577

(U) Provision stipulating that for continued release of	25578
project funds the school district board shall comply with section	25579
3313.41 of the Revised Code throughout the project and shall	25580
notify the department of education and the Ohio community school	25581
association when the board plans to dispose of facilities by sale	25582
under that section;	25583

(V) Provision that the commission shall not approve a	25584
contract for demolition of a facility until the school district	25585
board has complied with section 3313.41 of the Revised Code	25586
relative to that facility, unless demolition of that facility is	25587
to clear a site for construction of a replacement facility	25588
included in the district's project;	25589

(W) A requirement for the school district to adhere to a	25590
facilities maintenance plan approved by the commission.	25591

Sec. 3318.10. When such working drawings, specifications,	25592
and estimates of cost have been approved by the school district	25593
board and the Ohio school facilities commission, the treasurer of	25594
the school district board shall advertise for construction bids in	25595
accordance with section 3313.46 of the Revised Code. Such notices	25596
shall state that plans and specifications for the project are on	25597
file in the office of the commission and such other place as may	25598
be designated in such notice, and the time and place when and	25599
where bids therefor will be received.	25600

The form of proposal to be submitted by bidders shall be	25601
supplied by the commission. Bidders may be permitted to bid upon	25602
all the branches of work and materials to be furnished and	25603
supplied, upon any branch thereof, or upon all or any thereof.	25604

When the construction bids for all branches of work and	25605
materials have been tabulated, the commission shall cause to be	25606
prepared a revised estimate of the basic project cost based upon	25607
the lowest responsible bids received. If such revised estimate	25608
exceeds the estimated basic project cost as approved by the	25609
controlling board pursuant to section 3318.04 or division (B)(1)	25610
of section 3318.41 of the Revised Code, no contracts may be	25611
entered into pursuant to this section unless such revised estimate	25612
is approved by the commission and by the controlling board. When	25613
such revised estimate has been prepared, and after such approvals	25614
are given, if necessary, and if the school district board has	25615
caused to be transferred to the project construction fund the	25616
proceeds from the sale of the first or first and final installment	25617
of its bonds or bond anticipation notes pursuant to the provision	25618
of the written agreement required by division (B) of section	25619
3318.08 of the Revised Code, and when the director of budget and	25620
management has certified that there is a balance in the	25621
appropriation, not otherwise obligated to pay precedent	25622
obligations, pursuant to which the state's share of such revised	25623
estimate is required to be paid, the contract for all branches of	25624
work and materials to be furnished and supplied, or for any branch	25625
thereof as determined by the school district board, shall be	25626
awarded by the school district board to the lowest responsible	25627
bidder subject to the approval of the commission. Such award shall	25628
be made within sixty days after the date on which the bids are	25629
opened, and the successful bidder shall enter into a contract	25630
within ten days after the successful bidder is notified of the	25631
award of the contract.	25632

Subject to the approval of the commission, the school	25633
district board may reject all bids and readvertise. Any contract	25634
made under this section shall be made in the name of the state and	25635
executed on its behalf by the president and treasurer of the	25636
school district board.	25637

The provisions of sections 9.312 and 3313.46 of the Revised	25638
Code, which are applicable to construction contracts of boards of	25639
education, shall apply to construction contracts for the project.	25640

The remedies afforded to any subcontractor, materials	25641
supplier, laborer, mechanic, or persons furnishing material or	25642
machinery for the project under sections 1311.26 to 1311.32 of the	25643
Revised Code, shall apply to contracts entered into under this	25644
section and the itemized statement required by section 1311.26 of	25645
the Revised Code shall be filed with the school district board.	25646

Notwithstanding any other requirement of this section, a	25647
school district, with the approval of the commission, may utilize	25648
any otherwise lawful alternative construction delivery method for	25649
the construction of the project.	25650

Sec. 3318.30. (A) There is hereby created the Ohio school	25651
facilities commission as an independent agency of the state within	25652
the Ohio facilities construction commission, which is created	25653
under section 123.20 of the Revised Code. The Ohio school	25654
facilities commission shall administer the provision of financial	25655
assistance to school districts for the acquisition or construction	25656
of classroom facilities in accordance with sections 3318.01 to	25657
3318.33 of the Revised Code.	25658

The Ohio school facilities commission is a body corporate and	25659
politic, an agency of state government and an instrumentality of	25660
the state, performing essential governmental functions of this	25661
state. The carrying out of the purposes and the exercise by the	25662
Ohio school facilities commission of its powers conferred by	25663
sections 3318.01 to 3318.33 of the Revised Code are essential	25664
public functions and public purposes of the state. The Ohio school	25665
facilities commission may, in its own name, sue and be sued, enter	25666
into contracts, and perform all the powers and duties given to it	25667
by sections 3318.01 to 3318.33 of the Revised Code, but it does	25668
not have and shall not exercise the power of eminent domain. In	25669
its discretion and as it determines appropriate, the Ohio school	25670
facilities commission may delegate to any of its members,	25671
executive director, or other employees any of the Ohio school	25672
facilities commission's powers and duties to carry out its	25673
functions.	25674

(B) The Ohio school facilities commission shall consist of	25675
seven members, three of whom are voting members. The voting	25676
members of the Ohio school facilities commission shall be the	25677
director of the office of budget and management, the director of	25678
administrative services, and the superintendent of public	25679
instruction, or their designees. Of the nonvoting members, two	25680
shall be members of the senate appointed by the president of the	25681
senate, and two shall be members of the house of representatives	25682
appointed by the speaker of the house. Each of the appointees of	25683
the president, and each of the appointees of the speaker, shall be	25684
members of different political parties.	25685

Nonvoting members shall serve as members of the Ohio school	25686
facilities commission during the legislative biennium for which	25687
they are appointed, except that any such member who ceases to be a	25688
member of the legislative house from which the member was	25689
appointed shall cease to be a member of the Ohio school facilities	25690
commission. Each nonvoting member shall be appointed within	25691
thirty-one days of the end of the term of that member's	25692
predecessor. Such members may be reappointed. Vacancies of	25693
nonvoting members shall be filled in the manner provided for	25694
original appointments.	25695

Members of the Ohio school facilities commission shall serve	25696
without compensation.	25697

After the initial nonvoting members of the Ohio school	25698
facilities commission have been appointed, the Ohio school	25699
facilities commission shall meet and organize by electing voting	25700
members as the chairperson and vice-chairperson of the Ohio school	25701
facilities commission, who shall hold their offices until the next	25702
organizational meeting of the Ohio school facilities commission.	25703
Organizational meetings of the Ohio school facilities commission	25704
shall be held at the first meeting of each calendar year. At each	25705
organizational meeting, the Ohio school facilities commission	25706
shall elect from among its voting members a chairperson and	25707
vice-chairperson, who shall serve until the next annual	25708
organizational meeting. The Ohio school facilities commission	25709
shall adopt rules pursuant to section 111.15 of the Revised Code	25710
for the conduct of its internal business and shall keep a journal	25711
of its proceedings. Including the organizational meeting, the Ohio	25712
school facilities commission shall meet at least once each	25713
calendar quarter.	25714

Two voting members of the Ohio school facilities commission	25715
constitute a quorum, and the affirmative vote of two members is	25716
necessary for approval of any action taken by the Ohio school	25717
facilities commission. A vacancy in the membership of the Ohio	25718
school facilities commission does not impair a quorum from	25719
exercising all the rights and performing all the duties of the	25720
Ohio school facilities commission. Meetings of the Ohio school	25721
facilities commission may be held anywhere in the state and shall	25722
be held in compliance with section 121.22 of the Revised Code.	25723

(C) The Ohio school facilities commission shall file an	25724
annual report of its activities and finances with the governor,	25725
speaker of the house of representatives, president of the senate,	25726
and chairpersons of the house and senate finance committees.	25727

(D) The Ohio school facilities commission shall be exempt	25728
from the requirements of sections 101.82 to 101.87 of the Revised	25729
Code.	25730

(E) The Ohio school facilities commission may share employees	25731
and facilities with the Ohio facilities construction commission.	25732

Sec. 3318.31. (A) The Ohio school facilities commission may	25733
perform any act and ensure the performance of any function	25734
necessary or appropriate to carry out the purposes of, and	25735
exercise the powers granted under, Chapter 3318. of the Revised	25736
Code, including any of the following:	25737

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	25738
the Revised Code, rules for the administration of programs	25739
authorized under Chapter 3318. of the Revised Code.	25740

(2) Contract with, retain the services of, or designate, and	25741
fix the compensation of, such agents, accountants, consultants,	25742
advisers, and other independent contractors as may be necessary or	25743
desirable to carry out the programs authorized under Chapter 3318.	25744
of the Revised Code, or authorize the executive director to	25745
perform such powers and duties.	25746

(3) Receive and accept any gifts, grants, donations, and	25747
pledges, and receipts therefrom, to be used for the programs	25748
authorized under Chapter 3318. of the Revised Code.	25749

(4) Make and enter into all contracts, commitments, and	25750
agreements, and execute all instruments, necessary or incidental	25751
to the performance of its duties and the execution of its rights	25752
and powers under Chapter 3318. of the Revised Code, or authorize	25753
the executive director to perform such powers and duties.	25754

(5) Request the ~~director of administrative services~~Ohio	25755
facilities construction commission to debar a contractor as	25756
provided in section 153.02 of the Revised Code.	25757

(B) The Ohio school facilities commission shall appoint and	25758
fix the compensation of an executive director who shall serve at	25759
the pleasure of the Ohio school facilities commission. The	25760
executive director shall exercise all powers that the Ohio school	25761
facilities commission possesses, supervise the operations of the	25762
Ohio school facilities commission and perform such other duties as	25763
delegated by the Ohio school facilities commission. The executive	25764
director also shall employ and fix the compensation of such	25765
employees as will facilitate the activities and purposes of the	25766
Ohio school facilities commission, who shall serve at the pleasure	25767
of the executive director. The employees of the Ohio school	25768
facilities commission shall be exempt from Chapter 4117. of the	25769
Revised Code and shall not be public employees as defined in	25770
section 4117.01 of the Revised Code. Any agreement entered into	25771
prior to July 1, 2012, between the office of collective bargaining	25772
and the exclusive representative for employees of the commission	25773
is binding and shall continue to have effect.	25774

(C) The Ohio school facilities commission may adopt, amend,	25775
and rescind rules pertaining to the administration of the	25776
construction of school facilities of the state under Chapter 119.	25777
of the Revised Code.	25778

(D) The attorney general shall serve as the legal	25779
representative for the Ohio school facilities commission and may	25780
appoint other counsel as necessary for that purpose in accordance	25781
with section 109.07 of the Revised Code.	25782

Sec. 3318.36. (A)(1) As used in this section:

25783

(a) "Ohio school facilities commission," "classroom	25784
facilities," "school district," "school district board," "net	25785
bonded indebtedness," "required percentage of the basic project	25786
costs," "basic project cost," "valuation," and "percentile" have	25787
the same meanings as in section 3318.01 of the Revised Code.	25788

(b) "Required level of indebtedness" means five per cent of	25789
the school district's valuation for the year preceding the year in	25790
which the commission and school district enter into an agreement	25791
under division (B) of this section, plus [two one-hundredths of	25792
one per cent multiplied by (the percentile in which the district	25793
ranks minus one)].	25794

(c) "Local resources" means any moneys generated in any	25795
manner permitted for a school district board to raise the school	25796
district portion of a project undertaken with assistance under	25797
sections 3318.01 to 3318.20 of the Revised Code.	25798

(d) "Tangible personal property phase-out impacted district"	25799
means a school district for which the taxable value of its	25800
tangible personal property certified under division (A)(2) of	25801
section 3317.021 of the Revised Code for tax year 2005, excluding	25802
the taxable value of public utility personal property, made up	25803
eighteen per cent or more of its total taxable value for tax year	25804
2005 as certified under that section.	25805

(2) For purposes of determining the required level of	25806
indebtedness, the required percentage of the basic project costs	25807
under division (C)(1) of this section, and priority for assistance	25808
under sections 3318.01 to 3318.20 of the Revised Code, the	25809
percentile ranking of a school district with which the commission	25810
has entered into an agreement under this section between the first	25811
day of July and the thirty-first day of August in each fiscal year	25812
is the percentile ranking calculated for that district for the	25813
immediately preceding fiscal year, and the percentile ranking of a	25814
school district with which the commission has entered into such	25815
agreement between the first day of September and the thirtieth day	25816
of June in each fiscal year is the percentile ranking calculated	25817
for that district for the current fiscal year. However, in the	25818
case of a tangible personal property phase-out impacted district,	25819
the district's priority for assistance under sections 3318.01 to	25820
3318.20 of the Revised Code and its portion of the basic project	25821
cost under those sections shall be determined in the manner	25822
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of	25823
this section.	25824

(B)(1) There is hereby established the school building	25825
assistance expedited local partnership program. Under the program,	25826
the Ohio school facilities commission may enter into an agreement	25827
with the school district board of any school district under which	25828
the school district board may proceed with the new construction or	25829
major repairs of a part of the school district's classroom	25830
facilities needs, as determined under sections 3318.01 to 3318.20	25831
of the Revised Code, through the expenditure of local resources	25832
prior to the school district's eligibility for state assistance	25833
under those sections and may apply that expenditure toward meeting	25834
the school district's portion of the basic project cost of the	25835
total of the school district's classroom facilities needs, as	25836
determined under sections 3318.01 to 3318.20 of the Revised Code	25837
and as recalculated under division (E) of this section, that are	25838
eligible for state assistance under sections 3318.01 to 3318.20 of	25839
the Revised Code when the school district becomes eligible for	25840
that assistance. Any school district that is reasonably expected	25841
to receive assistance under sections 3318.01 to 3318.20 of the	25842
Revised Code within two fiscal years from the date the school	25843
district adopts its resolution under division (B) of this section	25844
shall not be eligible to participate in the program established	25845
under this section.	25846

(2) To participate in the program, a school district board	25847
shall first adopt a resolution certifying to the commission the	25848
board's intent to participate in the program.	25849

The resolution shall specify the approximate date that the	25850
board intends to seek elector approval of any bond or tax measures	25851
or to apply other local resources to use to pay the cost of	25852
classroom facilities to be constructed under this section. The	25853
resolution may specify the application of local resources or	25854
elector-approved bond or tax measures after the resolution is	25855
adopted by the board, and in such case the board may proceed with	25856
a discrete portion of its project under this section as soon as	25857
the commission and the controlling board have approved the basic	25858
project cost of the district's classroom facilities needs as	25859
specified in division (D) of this section. The board shall submit	25860
its resolution to the commission not later than ten days after the	25861
date the resolution is adopted by the board.	25862

The commission shall not consider any resolution that is	25863
submitted pursuant to division (B)(2) of this section, as amended	25864
by this amendment, sooner than September 14, 2000.	25865

(3) For purposes of determining when a district that enters	25866
into an agreement under this section becomes eligible for	25867
assistance under sections 3318.01 to 3318.20 of the Revised Code,	25868
the commission shall use one of the following as applicable:	25869

(a) Except for a tangible personal property phase-out	25870
impacted district, the district's percentile ranking determined at	25871
the time the district entered into the agreement under this	25872
section, as prescribed by division (A)(2) of this section;	25873

(b) For a tangible personal property phase-out impacted	25874
district, the lesser of (i) the district's percentile ranking	25875
determined at the time the district entered into the agreement	25876
under this section, as prescribed by division (A)(2) of this	25877
section, or (ii) the district's current percentile ranking under	25878
section 3318.011 of the Revised Code.	25879

(4) Any project under this section shall comply with section	25880
3318.03 of the Revised Code and with any specifications for plans	25881
and materials for classroom facilities adopted by the commission	25882
under section 3318.04 of the Revised Code.	25883

(5) If a school district that enters into an agreement under	25884
this section has not begun a project applying local resources as	25885
provided for under that agreement at the time the district is	25886
notified by the commission that it is eligible to receive state	25887
assistance under sections 3318.01 to 3318.20 of the Revised Code,	25888
all assessment and agreement documents entered into under this	25889
section are void.	25890

(6) Only construction of or repairs to classroom facilities	25891
that have been approved by the commission and have been therefore	25892
included as part of a district's basic project cost qualify for	25893
application of local resources under this section.	25894

(C) Based on the results of on-site visits and assessment,	25895
the commission shall determine the basic project cost of the	25896
school district's classroom facilities needs. The commission shall	25897
determine the school district's portion of such basic project	25898
cost, which shall be the greater of:	25899

(1) The required percentage of the basic project costs,	25900
determined based on the school district's percentile ranking;	25901

(2) An amount necessary to raise the school district's net	25902
bonded indebtedness, as of the fiscal year the commission and the	25903
school district enter into the agreement under division (B) of	25904
this section, to within five thousand dollars of the required	25905
level of indebtedness.	25906

(D)(1) When the commission determines the basic project cost	25907
of the classroom facilities needs of a school district and the	25908
school district's portion of that basic project cost under	25909
division (C) of this section, the project shall be conditionally	25910
approved. Such conditional approval shall be submitted to the	25911
controlling board for approval thereof. The controlling board	25912
shall forthwith approve or reject the commission's determination,	25913
conditional approval, and the amount of the state's portion of the	25914
basic project cost; however, no state funds shall be encumbered	25915
under this section. Upon approval by the controlling board, the	25916
school district board may identify a discrete part of its	25917
classroom facilities needs, which shall include only new	25918
construction of or additions or major repairs to a particular	25919
building, to address with local resources. Upon identifying a part	25920
of the school district's basic project cost to address with local	25921
resources, the school district board may allocate any available	25922
school district moneys to pay the cost of that identified part,	25923
including the proceeds of an issuance of bonds if approved by the	25924
electors of the school district.	25925

All local resources utilized under this division shall first	25926
be deposited in the project construction account required under	25927
section 3318.08 of the Revised Code.	25928

(2) Unless the school district board exercises its option	25929
under division (D)(3) of this section, for a school district to	25930
qualify for participation in the program authorized under this	25931
section, one of the following conditions shall be satisfied:	25932

(a) The electors of the school district by a majority vote	25933
shall approve the levy of taxes outside the ten-mill limitation	25934
for a period of twenty-three years at the rate of not less than	25935
one-half mill for each dollar of valuation to be used to pay the	25936
cost of maintaining the classroom facilities included in the basic	25937
project cost as determined by the commission. The form of the	25938
ballot to be used to submit the question whether to approve the	25939
tax required under this division to the electors of the school	25940
district shall be the form for an additional levy of taxes	25941
prescribed in section 3318.361 of the Revised Code, which may be	25942
combined in a single ballot question with the questions prescribed	25943
under section 5705.218 of the Revised Code.	25944

(b) As authorized under division (C) of section 3318.05 of	25945
the Revised Code, the school district board shall earmark from the	25946
proceeds of a permanent improvement tax levied under section	25947
5705.21 of the Revised Code, an amount equivalent to the	25948
additional tax otherwise required under division (D)(2)(a) of this	25949
section for the maintenance of the classroom facilities included	25950
in the basic project cost as determined by the commission.	25951

(c) As authorized under section 3318.051 of the Revised Code,	25952
the school district board shall, if approved by the commission,	25953
annually transfer into the maintenance fund required under section	25954
3318.05 of the Revised Code the amount prescribed in section	25955
3318.051 of the Revised Code in lieu of the tax otherwise required	25956
under division (D)(2)(a) of this section for the maintenance of	25957
the classroom facilities included in the basic project cost as	25958
determined by the commission.	25959

(d) If the school district board has rescinded the agreement	25960
to make transfers under section 3318.051 of the Revised Code, as	25961
provided under division (F) of that section, the electors of the	25962
school district, in accordance with section 3318.063 of the	25963
Revised Code, first shall approve the levy of taxes outside the	25964
ten-mill limitation for the period specified in that section at a	25965
rate of not less than one-half mill for each dollar of valuation.	25966

(e) The school district board shall apply the proceeds of a	25967
tax to leverage bonds as authorized under section 3318.052 of the	25968
Revised Code or dedicate a local donated contribution in the	25969
manner described in division (B) of section 3318.084 of the	25970
Revised Code in an amount equivalent to the additional tax	25971
otherwise required under division (D)(2)(a) of this section for	25972
the maintenance of the classroom facilities included in the basic	25973
project cost as determined by the commission.	25974

(3) A school district board may opt to delay taking any of	25975
the actions described in division (D)(2) of this section until the	25976
school district becomes eligible for state assistance under	25977
sections 3318.01 to 3318.20 of the Revised Code. In order to	25978
exercise this option, the board shall certify to the commission a	25979
resolution indicating the board's intent to do so prior to	25980
entering into an agreement under division (B) of this section.	25981

(4) If pursuant to division (D)(3) of this section a district	25982
board opts to delay levying an additional tax until the district	25983
becomes eligible for state assistance, it shall submit the	25984
question of levying that tax to the district electors as follows:	25985

(a) In accordance with section 3318.06 of the Revised Code if	25986
it will also be necessary pursuant to division (E) of this section	25987
to submit a proposal for approval of a bond issue;	25988

(b) In accordance with section 3318.361 of the Revised Code	25989
if it is not necessary to also submit a proposal for approval of a	25990
bond issue pursuant to division (E) of this section.	25991

(5) No state assistance under sections 3318.01 to 3318.20 of	25992
the Revised Code shall be released until a school district board	25993
that adopts and certifies a resolution under division (D) of this	25994
section also demonstrates to the satisfaction of the commission	25995
compliance with the provisions of division (D)(2) of this section.	25996

Any amount required for maintenance under division (D)(2) of	25997
this section shall be deposited into a separate fund as specified	25998
in division (B) of section 3318.05 of the Revised Code.	25999

(E)(1) If the school district becomes eligible for state	26000
assistance under sections 3318.01 to 3318.20 of the Revised Code	26001
based on its percentile ranking under division (B)(3) of this	26002
section, the commission shall conduct a new assessment of the	26003
school district's classroom facilities needs and shall recalculate	26004
the basic project cost based on this new assessment. The basic	26005
project cost recalculated under this division shall include the	26006
amount of expenditures made by the school district board under	26007
division (D)(1) of this section. The commission shall then	26008
recalculate the school district's portion of the new basic project	26009
cost, which shall be one of the following as applicable:	26010

(a) Except for a tangible personal property phase-out	26011
impacted district, the percentage of the original basic project	26012
cost assigned to the school district as its portion under division	26013
(C) of this section;	26014

(b) For a tangible personal property phase-out impacted	26015
district, the lesser of (i) the percentage of the original basic	26016
project cost assigned to the school district as its portion under	26017
division (C) of this section, or (ii) the percentage of the new	26018
basic project cost determined under section 3318.032 of the	26019
Revised Code using the district's current percentile ranking under	26020
section 3318.011 of the Revised Code. ~~The~~	26021

The commission shall deduct the expenditure of school	26022
district moneys made under division (D)(1) of this section from	26023
the school district's portion of the basic project cost as	26024
recalculated under this division. If the amount of school district	26025
resources applied by the school district board to the school	26026
district's portion of the basic project cost under this section is	26027
less than the total amount of such portion as recalculated under	26028
this division, the school district board by a majority vote of all	26029
of its members shall, if it desires to seek state assistance under	26030
sections 3318.01 to 3318.20 of the Revised Code, adopt a	26031
resolution as specified in section 3318.06 of the Revised Code to	26032
submit to the electors of the school district the question of	26033
approval of a bond issue in order to pay any additional amount of	26034
school district portion required for state assistance. Any tax	26035
levy approved under division (D) of this section satisfies the	26036
requirements to levy the additional tax under section 3318.06 of	26037
the Revised Code.	26038

(2) If the amount of school district resources applied by the	26039
school district board to the school district's portion of the	26040
basic project cost under this section is more than the total	26041
amount of such portion as recalculated under ~~this~~ division (E)(1)	26042
of this section, within one year after the school district's	26043
portion is so recalculated ~~under division (E)(1) of this section~~	26044
the commission may grant to the school district the difference	26045
between the two calculated portions, but at no time shall the	26046
commission expend any state funds on a project in an amount	26047
greater than the state's portion of the basic project cost as	26048
recalculated under ~~this~~ division (E)(1) of this section.	26049

Any reimbursement under this division shall be only for local	26050
resources the school district has applied toward construction cost	26051
expenditures for the classroom facilities approved by the	26052
commission, which shall not include any financing costs associated	26053
with that construction.	26054

The school district board shall use any moneys reimbursed to	26055
the district under this division to pay off any debt service the	26056
district owes for classroom facilities constructed under its	26057
project under this section before such moneys are applied to any	26058
other purpose. However, the district board first may deposit	26059
moneys reimbursed under this division into the district's general	26060
fund or a permanent improvement fund to replace local resources	26061
the district withdrew from those funds, as long as, and to the	26062
extent that, those local resources were used by the district for	26063
constructing classroom facilities included in the district's basic	26064
project cost.	26065

(3) A tangible personal property phase-out impacted district	26066
shall receive credit under division (E) of this section for the	26067
expenditure of local resources pursuant to any prior agreement	26068
authorized by this section, notwithstanding any recalculation of	26069
its average taxable value.	26070

Sec. 3318.37. (A)(1) As used in this section:

26071

(a) "Full maintenance amount" has the same meaning as in	26072
section 3318.034 of the Revised Code.	26073

(b) "Large land area school district" means a school district	26074
with a territory of greater than three hundred square miles in any	26075
percentile as determined under section 3318.011 of the Revised	26076
Code.	26077

~~(b)~~(c) "Low wealth school district" means a school district	26078
in the first through seventy-fifth percentiles as determined under	26079
section 3318.011 of the Revised Code.	26080

~~(c)~~(d) A "school district with an exceptional need for	26081
immediate classroom facilities assistance" means a low wealth or	26082
large land area school district with an exceptional need for new	26083
facilities in order to protect the health and safety of all or a	26084
portion of its students.	26085

(2) No school district that participates in the school	26086
building assistance expedited local partnership program under	26087
section 3318.36 of the Revised Code shall receive assistance under	26088
the program established under this section unless the following	26089
conditions are satisfied:	26090

(a) The district board adopted a resolution certifying its	26091
intent to participate in the school building assistance expedited	26092
local partnership program under section 3318.36 of the Revised	26093
Code prior to September 14, 2000.	26094

(b) The district was selected by the Ohio school facilities	26095
commission for participation in the school building assistance	26096
expedited local partnership program under section 3318.36 of the	26097
Revised Code in the manner prescribed by the commission under that	26098
section as it existed prior to September 14, 2000.	26099

(B)(1) There is hereby established the exceptional needs	26100
school facilities assistance program. Under the program, the Ohio	26101
school facilities commission may set aside from the moneys	26102
annually appropriated to it for classroom facilities assistance	26103
projects up to twenty-five per cent for assistance to school	26104
districts with exceptional needs for immediate classroom	26105
facilities assistance.	26106

(2)(a) After consulting with education and construction	26107
experts, the commission shall adopt guidelines for identifying	26108
school districts with an exceptional need for immediate classroom	26109
facilities assistance.	26110

(b) The guidelines shall include application forms and	26111
instructions for school districts to use in applying for	26112
assistance under this section.	26113

(3) The commission shall evaluate the classroom facilities,	26114
and the need for replacement classroom facilities from the	26115
applications received under this section. The commission,	26116
utilizing the guidelines adopted under division (B)(2)(a) of this	26117
section, shall prioritize the school districts to be assessed.	26118

Notwithstanding section 3318.02 of the Revised Code, the	26119
commission may conduct on-site evaluation of the school districts	26120
prioritized under this section and approve and award funds until	26121
such time as all funds set aside under division (B)(1) of this	26122
section have been encumbered. However, the commission need not	26123
conduct the evaluation of facilities if the commission determines	26124
that a district's assessment conducted under section 3318.36 of	26125
the Revised Code is sufficient for purposes of this section.	26126

(4) Notwithstanding division (A) of section 3318.05 of the	26127
Revised Code, the school district's portion of the basic project	26128
cost under this section shall be the "required percentage of the	26129
basic project costs," as defined in division (K) of section	26130
3318.01 of the Revised Code.	26131

(5) Except as otherwise specified in this section, any	26132
project undertaken with assistance under this section shall comply	26133
with all provisions of sections 3318.01 to 3318.20 of the Revised	26134
Code. A school district may receive assistance under sections	26135
3318.01 to 3318.20 of the Revised Code for the remainder of the	26136
district's classroom facilities needs as assessed under this	26137
section when the district is eligible for such assistance pursuant	26138
to section 3318.02 of the Revised Code, but any classroom facility	26139
constructed with assistance under this section shall not be	26140
included in a district's project at that time unless the	26141
commission determines the district has experienced the increased	26142
enrollment specified in division (B)(1) of section 3318.04 of the	26143
Revised Code.	26144

(C) No school district shall receive assistance under this	26145
section for a classroom facility that has been included in the	26146
discrete part of the district's classroom facilities needs	26147
identified and addressed in the district's project pursuant to an	26148
agreement entered into under section 3318.36 of the Revised Code,	26149
unless the district's entire classroom facilities plan consists of	26150
only a single building designed to house grades kindergarten	26151
through twelve.	26152

(D)(1) When undertaking a project under this section, a	26153
school district may elect to prorate its full maintenance amount	26154
by setting aside for maintenance the amount calculated under	26155
division (D)(2) of this section to maintain the classroom	26156
facilities acquired under the project, if the district will use	26157
one or more of the alternative methods authorized in sections	26158
3318.051, 3318.052, and 3318.084 of the Revised Code to generate	26159
the entire amount calculated under that division. If the district	26160
so elects, the commission and the district shall include in the	26161
agreement entered into under section 3318.08 of the Revised Code a	26162
statement specifying that the district will use the amount	26163
calculated under that division only to maintain the classroom	26164
facilities acquired under the project under this section.	26165

(2) The commission shall calculate the amount for a school	26166
district to maintain the classroom facilities acquired under a	26167
project under this section as follows:	26168

The full maintenance amount X (the school district's portion	26169
of the basic project cost under this section / the school	26170
district's portion of the basic project cost for the district's	26171
entire classroom facilities needs, as determined jointly by the	26172
staff of the commission and the district)	26173

(3) A school district may elect to prorate its full	26174
maintenance amount for any number of projects under this section,	26175
provided the district will use one or more of the alternative	26176
methods authorized in sections 3318.051, 3318.052, and 3318.084 of	26177
the Revised Code to generate the entire amount calculated under	26178
division (D)(2) of this section to maintain the classroom	26179
facilities acquired under each project for which it so elects. If	26180
the district cannot use one or more of those alternative methods	26181
to generate the entire amount calculated under that division, the	26182
district shall levy the tax described in division (B) of section	26183
3318.05 of the Revised Code or an extension of that tax under	26184
section 3318.061 of the Revised Code in an amount necessary to	26185
generate the remainder of its full maintenance amount. The	26186
commission shall calculate the remainder of the district's full	26187
maintenance amount as follows:	26188

The full maintenance amount - the sum of the amounts	26189
calculated for the district under division (D)(2) of this section	26190
for each of the district's prior projects under this section	26191

(4) In no case shall the sum of the amounts calculated for a	26192
school district's maintenance of classroom facilities under	26193
divisions (D)(2) and (3) of this section exceed the amount that	26194
would have been required for maintenance if the district had	26195
elected to meet its entire classroom facilities needs with a	26196
project under sections 3318.01 to 3318.20 of the Revised Code and	26197
had not undertaken one or more projects under this section.	26198

(5) If a school district commenced a project under this	26199
section prior to the effective date of this amendment but has not	26200
completed that project, and has not levied the tax described in	26201
division (B) of section 3318.05 of the Revised Code or an	26202
extension of that tax under section 3318.061 of the Revised Code,	26203
the district may request approval from the commission to prorate	26204
its full maintenance amount in accordance with divisions (D)(1) to	26205
(4) of this section. If the commission approves the request, the	26206
commission and the district shall amend the agreement entered into	26207
under section 3318.08 of the Revised Code to reflect the change.	26208

Sec. 3318.70. (A) As used in this section:

26209

(1) "Acquisition of classroom facilities" has the same	26210
meaning as in section 3318.40 of the Revised Code.	26211

(2) "Classroom facilities" has the same meaning as in section	26212
3318.01 of the Revised Code.	26213

(3) "STEM school" means a science, technology, engineering,	26214
and mathematics school established under Chapter 3326. of the	26215
Revised Code that is not governed by a single school district	26216
board of education, as prescribed by section 3326.51 of the	26217
Revised Code.	26218

(B) Upon receipt of a written proposal by the governing body	26219
of a STEM school, the Ohio school facilities commission, subject	26220
to approval of the controlling board, may provide funding to	26221
assist that STEM school in the acquisition of classroom	26222
facilities. The proposal of the governing body shall be submitted	26223
in a form and in the manner prescribed by the commission ~~and~~. The	26224
proposal shall indicate both the total amount of ~~state~~ funding	26225
requested from the commission and the amount of ~~nonstate~~other	26226
funding pledged for the acquisition of the classroom facilities,	26227
the latter of which shall not be less than the total amount of	26228
~~state~~ funding requested from the commission. If the commission	26229
decides in favor of providing funding for the classroom facilities	26230
and if the controlling board approves that funding, the commission	26231
shall enter into an agreement with the governing body for the	26232
acquisition of the classroom facilities and shall encumber, in	26233
accordance with section 3318.11 of the Revised Code, the approved	26234
funding from the amounts appropriated to the commission for	26235
classroom facilities assistance projects. The agreement shall	26236
include a stipulation of the ownership of the classroom facilities	26237
in the event the STEM school permanently closes at any time.	26238

Sec. 3333.04. The chancellor of the Ohio board of regents	26239
shall:	26240

(A) Make studies of state policy in the field of higher	26241
education and formulate a master plan for higher education for the	26242
state, considering the needs of the people, the needs of the	26243
state, and the role of individual public and private institutions	26244
within the state in fulfilling these needs;	26245

(B)(1) Report annually to the governor and the general	26246
assembly on the findings from the chancellor's studies and the	26247
master plan for higher education for the state;	26248

(2) Report at least semiannually to the general assembly and	26249
the governor the enrollment numbers at each state-assisted	26250
institution of higher education.	26251

(C) Approve or disapprove the establishment of new branches	26252
or academic centers of state colleges and universities;	26253

(D) Approve or disapprove the establishment of state	26254
technical colleges or any other state institution of higher	26255
education;	26256

(E) Recommend the nature of the programs, undergraduate,	26257
graduate, professional, state-financed research, and public	26258
services which should be offered by the state colleges,	26259
universities, and other state-assisted institutions of higher	26260
education in order to utilize to the best advantage their	26261
facilities and personnel;	26262

(F) Recommend to the state colleges, universities, and other	26263
state-assisted institutions of higher education graduate or	26264
professional programs, including, but not limited to, doctor of	26265
philosophy, doctor of education, and juris doctor programs, that	26266
could be eliminated because they constitute unnecessary	26267
duplication, as shall be determined using the process developed	26268
pursuant to this division, or for other good and sufficient cause.	26269
Prior to recommending a program for elimination, the chancellor	26270
shall request the board of regents to hold at least one public	26271
hearing on the matter and advise the chancellor on whether the	26272
program should be recommended for elimination. The board shall	26273
provide notice of each hearing within a reasonable amount of time	26274
prior to its scheduled date. Following the hearing, the board	26275
shall issue a recommendation to the chancellor. The chancellor	26276
shall consider the board's recommendation but shall not be	26277
required to accept it.	26278

For purposes of determining the amounts of any state	26279
instructional subsidies paid to state colleges, universities, and	26280
other state-assisted institutions of higher education, the	26281
chancellor may exclude students enrolled in any program that the	26282
chancellor has recommended for elimination pursuant to this	26283
division except that the chancellor shall not exclude any such	26284
student who enrolled in the program prior to the date on which the	26285
chancellor initially commences to exclude students under this	26286
division.	26287

The chancellor and state colleges, universities, and other	26288
state-assisted institutions of higher education shall jointly	26289
develop a process for determining which existing graduate or	26290
professional programs constitute unnecessary duplication.	26291

(G) Recommend to the state colleges, universities, and other	26292
state-assisted institutions of higher education programs which	26293
should be added to their present programs;	26294

(H) Conduct studies for the state colleges, universities, and	26295
other state-assisted institutions of higher education to assist	26296
them in making the best and most efficient use of their existing	26297
facilities and personnel;	26298

(I) Make recommendations to the governor and general assembly	26299
concerning the development of state-financed capital plans for	26300
higher education; the establishment of new state colleges,	26301
universities, and other state-assisted institutions of higher	26302
education; and the establishment of new programs at the existing	26303
state colleges, universities, and other institutions of higher	26304
education;	26305

(J) Review the appropriation requests of the public community	26306
colleges and the state colleges and universities and submit to the	26307
office of budget and management and to the chairpersons of the	26308
finance committees of the house of representatives and of the	26309
senate the chancellor's recommendations in regard to the biennial	26310
higher education appropriation for the state, including	26311
appropriations for the individual state colleges and universities	26312
and public community colleges. For the purpose of determining the	26313
amounts of instructional subsidies to be paid to state-assisted	26314
colleges and universities, the chancellor shall define "full-time	26315
equivalent student" by program per academic year. The definition	26316
may take into account the establishment of minimum enrollment	26317
levels in technical education programs below which support	26318
allowances will not be paid. Except as otherwise provided in this	26319
section, the chancellor shall make no change in the definition of	26320
"full-time equivalent student" in effect on November 15, 1981,	26321
which would increase or decrease the number of subsidy-eligible	26322
full-time equivalent students, without first submitting a fiscal	26323
impact statement to the president of the senate, the speaker of	26324
the house of representatives, the legislative service commission,	26325
and the director of budget and management. The chancellor shall	26326
work in close cooperation with the director of budget and	26327
management in this respect and in all other matters concerning the	26328
expenditures of appropriated funds by state colleges,	26329
universities, and other institutions of higher education.	26330

(K) Seek the cooperation and advice of the officers and	26331
trustees of both public and private colleges, universities, and	26332
other institutions of higher education in the state in performing	26333
the chancellor's duties and making the chancellor's plans,	26334
studies, and recommendations;	26335

(L) Appoint advisory committees consisting of persons	26336
associated with public or private secondary schools, members of	26337
the state board of education, or personnel of the state department	26338
of education;	26339

(M) Appoint advisory committees consisting of college and	26340
university personnel, or other persons knowledgeable in the field	26341
of higher education, or both, in order to obtain their advice and	26342
assistance in defining and suggesting solutions for the problems	26343
and needs of higher education in this state;	26344

(N) Approve or disapprove all new degrees and new degree	26345
programs at all state colleges, universities, and other	26346
state-assisted institutions of higher education;	26347

(O) Adopt such rules as are necessary to carry out the	26348
chancellor's duties and responsibilities. The rules shall	26349
prescribe procedures for the chancellor to follow when taking	26350
actions associated with the chancellor's duties and	26351
responsibilities and shall indicate which types of actions are	26352
subject to those procedures. The procedures adopted under this	26353
division shall be in addition to any other procedures prescribed	26354
by law for such actions. However, if any other provision of the	26355
Revised Code or rule adopted by the chancellor prescribes	26356
different procedures for such an action, the procedures adopted	26357
under this division shall not apply to that action to the extent	26358
they conflict with the procedures otherwise prescribed by law. The	26359
procedures adopted under this division shall include at least the	26360
following:	26361

(1) Provision for public notice of the proposed action;

26362

(2) An opportunity for public comment on the proposed action,	26363
which may include a public hearing on the action by the board of	26364
regents;	26365

(3) Methods for parties that may be affected by the proposed	26366
action to submit comments during the public comment period;	26367

(4) Submission of recommendations from the board of regents	26368
regarding the proposed action, at the request of the chancellor;	26369

(5) Written publication of the final action taken by the	26370
chancellor and the chancellor's rationale for the action;	26371

(6) A timeline for the process described in divisions (O)(1)	26372
to (5) of this section.	26373

(P) ~~Establish and submit to the governor and the general~~	26374
~~assembly a clear and measurable set of goals and timetables for~~	26375
~~their achievement for each program under the chancellor's~~	26376
~~supervision that is designed to accomplish any of the following:~~	26377

~~(1) Increased access to higher education;~~

26378

~~(2) Job training;~~

26379

~~(3) Adult literacy;~~

26380

~~(4) Research;~~

26381

~~(5) Excellence in higher education;~~

26382

~~(6) Reduction in the number of graduate programs within the~~	26383
~~same subject area.~~	26384

~~In July of each odd-numbered year, the chancellor shall~~	26385
~~submit to the governor and the general assembly a report on~~	26386
~~progress made toward these goals.~~	26387

~~(Q)~~ Make recommendations to the governor and the general	26388
assembly regarding the design and funding of the student financial	26389
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	26390
3333.26, and 5910.02 of the Revised Code;	26391

~~(R)~~(Q) Participate in education-related state or federal	26392
programs on behalf of the state and assume responsibility for the	26393
administration of such programs in accordance with applicable	26394
state or federal law;	26395

~~(S)~~(R) Adopt rules for student financial aid programs as	26396
required by sections 3333.12, 3333.122, 3333.21 to 3333.26,	26397
3333.28, and 5910.02 of the Revised Code, and perform any other	26398
administrative functions assigned to the chancellor by those	26399
sections;	26400

~~(T)~~(S) Conduct enrollment audits of state-supported	26401
institutions of higher education;	26402

~~(U)~~(T) Appoint consortia of college and university personnel	26403
to advise or participate in the development and operation of	26404
statewide collaborative efforts, including the Ohio supercomputer	26405
center, the Ohio academic resources network, OhioLink, and the	26406
Ohio learning network. For each consortium, the chancellor shall	26407
designate a college or university to serve as that consortium's	26408
fiscal agent, financial officer, and employer. Any funds	26409
appropriated for the consortia shall be distributed to the fiscal	26410
agents for the operation of the consortia. A consortium shall	26411
follow the rules of the college or university that serves as its	26412
fiscal agent. The chancellor may restructure existing consortia,	26413
appointed under this division, in accordance with procedures	26414
adopted under divisions ~~(D)~~(O)(1) to (6) of this section.	26415

~~(V)~~(U) Adopt rules establishing advisory duties and	26416
responsibilities of the board of regents not otherwise prescribed	26417
by law;	26418

~~(W)~~(V) Respond to requests for information about higher	26419
education from members of the general assembly and direct staff to	26420
conduct research or analysis as needed for this purpose.	26421

Sec. 3333.041. (A) On or before the last day of December of	26422
each year, the chancellor of the Ohio board of regents shall	26423
submit ~~a report~~ to the governor and, in accordance with section	26424
101.68 of the Revised Code, the general assembly~~, the state board~~	26425
~~of education, and the board of education of each city, exempted~~	26426
~~village, and local school district on the~~a report or reports	26427
concerning all of the following:	26428

(1) The status of graduates of Ohio school districts at	26429
~~state-assisted colleges or universities~~state institutions of	26430
higher education during the twelve-month period ending on the	26431
thirtieth day of September of the current calendar year. The	26432
report shall list, by school district, the number of graduates of	26433
each school district who attended ~~such~~ a ~~college or university~~	26434
state institution of higher education and the percentage of each	26435
district's graduates enrolled in ~~such~~ a ~~college or university~~	26436
state institution of higher education during the reporting period	26437
who were required during such period by the college or university,	26438
as a prerequisite to enrolling in those courses generally required	26439
for first-year students, to enroll in a remedial course in	26440
English, including composition or reading, mathematics, and any	26441
other area designated by the ~~board~~chancellor. The chancellor also	26442
shall make the information described in division (A)(1) of this	26443
section available to the board of education of each city, exempted	26444
village, and local school district.	26445

Each ~~state-assisted college and university~~state institution	26446
of higher education shall, by the first day of November of each	26447
year, submit to the chancellor in the form specified by the	26448
chancellor the information the chancellor requires to compile the	26449
report.	26450

(2) Aggregate academic growth data for students assigned to	26451
graduates of teacher preparation programs approved under section	26452
3333.048 of the Revised Code who teach English language arts or	26453
mathematics in any of grades four to eight in a public school in	26454
Ohio. For this purpose, the chancellor shall use the value-added	26455
progress dimension prescribed by section 3302.021 of the Revised	26456
Code. The chancellor shall aggregate the data by graduating class	26457
for each approved teacher preparation program, except that if a	26458
particular class has ten or fewer graduates to which this section	26459
applies, the chancellor shall report the data for a group of	26460
classes over a three-year period. In no case shall the report	26461
identify any individual graduate. The department of education	26462
shall share any data necessary for the report with the chancellor.	26463

(3) The following information with respect to the Ohio	26464
tuition trust authority:	26465

(a) The name of each investment manager that is a minority	26466
business enterprise or a women's business enterprise with which	26467
the chancellor contracts;	26468

(b) The amount of assets managed by investment managers that	26469
are minority business enterprises or women's business enterprises,	26470
expressed as a percentage of assets managed by investment managers	26471
with which the chancellor has contracted;	26472

(c) Efforts by the chancellor to increase utilization of	26473
investment managers that are minority business enterprises or	26474
women's business enterprises.	26475

(4) The status of implementation of faculty improvement	26476
programs under section 3345.28 of the Revised Code. The report	26477
shall include, but need not be limited to, the following: the	26478
number of professional leave grants made by each institution; the	26479
purpose of each professional leave; and a statement of the cost to	26480
the institution of each professional leave, to the extent that the	26481
cost exceeds the salary of the faculty member on professional	26482
leave.	26483

(5) The number and types of biobased products purchased under	26484
section 125.092 of the Revised Code and the amount of money spent	26485
by state institutions of higher education for those biobased	26486
products as that information is provided to the chancellor under	26487
division (A) of section 3345.692 of the Revised Code.	26488

(6) A description of dual enrollment programs, as defined in	26489
section 3313.6013 of the Revised Code, that are offered by school	26490
districts, community schools established under Chapter 3314. of	26491
the Revised Code, STEM schools established under Chapter 3326. of	26492
the Revised Code, college-preparatory boarding schools established	26493
under Chapter 3328. of the Revised Code, and chartered nonpublic	26494
high schools. The chancellor also shall post the information on	26495
the chancellor's web site.	26496

(7) The academic and economic impact of the Ohio innovation	26497
partnership established under section 3333.61 of the Revised Code.	26498
At a minimum, the report shall include the following:	26499

(a) Progress and performance metrics for each initiative that	26500
received an award in the previous fiscal year;	26501

(b) Economic indicators of the impact of each initiative, and	26502
all initiatives as a whole, on the regional economies and the	26503
statewide economy;	26504

(c) The chancellor's strategy in assigning choose Ohio first	26505
scholarships among state universities and colleges and how the	26506
actual awards fit that strategy.	26507

(8) The academic and economic impact of the Ohio	26508
co-op/internship program established under section 3333.72 of the	26509
Revised Code. At a minimum, the report shall include the	26510
following:	26511

(a) Progress and performance metrics for each initiative that	26512
received an award in the previous fiscal year;	26513

(b) Economic indicators of the impact of each initiative, and	26514
all initiatives as a whole, on the regional economies and the	26515
statewide economy;	26516

(c) The chancellor's strategy in allocating awards among	26517
state institutions of higher education and how the actual awards	26518
fit that strategy.	26519

(B) As used in this section~~, "state-assisted college or~~	26520
~~university" means a state university or college as defined in~~	26521
~~division (A)(1) of section 3345.12 of the Revised Code, community~~	26522
~~colleges, state community colleges, university branches, and~~	26523
~~technical colleges.~~:	26524

(1) "Minority business enterprise" has the same meaning as in	26525
section 122.71 of the Revised Code.	26526

(2) "State institution of higher education" and "state	26527
university" have the same meanings as in section 3345.011 of the	26528
Revised Code.	26529

(3) "State university or college" has the same meaning as in	26530
section 3345.12 of the Revised Code.	26531

(4) "Women's business enterprise" means a business, or a	26532
partnership, corporation, limited liability company, or joint	26533
venture of any kind, that is owned and controlled by women who are	26534
United States citizens and residents of this state.	26535

Sec. 3333.123. (A) As used in this section:

26536

(1) "The Ohio college opportunity grant program" means the	26537
program established under section 3333.122 of the Revised Code.	26538

(2) "Rules for the Ohio college opportunity grant program"	26539
means the rules authorized in division ~~(S)~~(R) of section 3333.04	26540
of the Revised Code for the implementation of the program.	26541

(B) In adopting rules for the Ohio college opportunity grant	26542
program, the chancellor of the Ohio board of regents may include	26543
provisions that give preferential or priority funding to	26544
low-income students who in their primary and secondary school work	26545
participate in or complete rigorous academic coursework, attain	26546
passing scores on the assessments prescribed in section 3301.0710	26547
of the Revised Code, or meet other high academic performance	26548
standards determined by the chancellor to reduce the need for	26549
remediation and ensure academic success at the postsecondary	26550
education level. Any such rules shall include a specification of	26551
procedures needed to certify student achievement of primary and	26552
secondary standards as well as the timeline for implementation of	26553
the provisions authorized by this section.	26554

Sec. 3333.21. As used in sections 3333.21 to 3333.23 of the	26555
Revised Code, "term" and "academic year" mean "term" and "academic	26556
year" as defined by the chancellor of the Ohio board of regents.	26557

The chancellor shall establish and administer an academic	26558
scholarship program. Under the program, a total of one thousand	26559
new scholarships shall be awarded annually in the amount of not	26560
less than two thousand dollars per award. At least one such new	26561
scholarship shall be awarded annually to a student in each public	26562
high school and joint vocational school and each nonpublic high	26563
school for which the state board of education prescribes minimum	26564
standards in accordance with section 3301.07 of the Revised Code.	26565

To be eligible for the award of a scholarship, a student	26566
shall be a resident of Ohio and shall be enrolled as a full-time	26567
undergraduate student in an Ohio institution of higher education	26568
that meets the requirements of Title VI of the "Civil Rights Act	26569
of 1964" and is state-assisted, is nonprofit and holds a	26570
certificate of authorization issued under section 1713.02 of the	26571
Revised Code, is a private institution exempt from regulation	26572
under Chapter 3332. of the Revised Code as prescribed in section	26573
3333.046 of the Revised Code, or holds a certificate of	26574
registration and program authorization issued under section	26575
3332.05 of the Revised Code and awards an associate or bachelor's	26576
degree. Students who attend an institution holding a certificate	26577
of registration shall be enrolled in a program leading to an	26578
associate or bachelor's degree for which associate or bachelor's	26579
degree program the institution has program authorization to offer	26580
the program issued under section 3332.05 of the Revised Code.	26581

"Resident" and "full-time student" shall be defined in rules	26582
adopted by the chancellor.	26583

The chancellor shall award the scholarships on the basis of a	26584
formula designed by the chancellor to identify students with the	26585
highest capability for successful college study. The formula shall	26586
weigh the factor of achievement, as measured by grade point	26587
average, and the factor of ability, as measured by performance on	26588
a competitive examination specified by the chancellor. Students	26589
receiving scholarships shall be known as "Ohio academic scholars."	26590
~~Annually, not later than the thirty-first day of July, the~~	26591
~~chancellor shall report to the governor and the general assembly~~	26592
~~on the performance of current Ohio academic scholars and the~~	26593
~~effectiveness of the formula.~~	26594

Sec. 3333.60. As used in sections 3333.61 to ~~3333.70~~3333.69	26595
of the Revised Code:	26596

(A) "State university or college" has the same meaning as in	26597
section 3345.12 of the Revised Code.	26598

(B) "State university" and "state institution of higher	26599
education" have the same meanings as in section 3345.011 of the	26600
Revised Code.	26601

Sec. 3333.61. The chancellor of the Ohio board of regents	26602
shall establish and administer the Ohio innovation partnership,	26603
which shall consist of the choose Ohio first scholarship program	26604
and the Ohio research scholars program. Under the programs, the	26605
chancellor, subject to approval by the controlling board, shall	26606
make awards to state universities or colleges for programs and	26607
initiatives that recruit students and scientists in the fields of	26608
science, technology, engineering, mathematics, and medicine to	26609
state universities or colleges, in order to enhance regional	26610
educational and economic strengths and meet the needs of the	26611
state's regional economies. Awards may be granted for programs and	26612
initiatives to be implemented by a state university or college	26613
alone or in collaboration with other state institutions of higher	26614
education, nonpublic Ohio universities and colleges, or other	26615
public or private Ohio entities. If the chancellor makes an award	26616
to a program or initiative that is intended to be implemented by a	26617
state university or college in collaboration with other state	26618
institutions of higher education or nonpublic Ohio universities or	26619
colleges, the chancellor may provide that some portion of the	26620
award be received directly by the collaborating universities or	26621
colleges consistent with all terms of the Ohio innovation	26622
partnership.	26623

The choose Ohio first scholarship program shall assign a	26624
number of scholarships to state universities and colleges to	26625
recruit Ohio residents as undergraduate, or as provided in section	26626
3333.66 of the Revised Code graduate, students in the fields of	26627
science, technology, engineering, mathematics, and medicine, or in	26628
science, technology, engineering, mathematics, or medical	26629
education. Choose Ohio first scholarships shall be awarded to each	26630
participating eligible student as a grant to the state university	26631
or college the student is attending and shall be reflected on the	26632
student's tuition bill. Choose Ohio first scholarships are	26633
student-centered grants from the state to students to use to	26634
attend a university or college and are not grants from the state	26635
to universities or colleges.	26636

Notwithstanding any other provision of this section or	26637
sections 3333.62 to ~~3333.70~~3333.69 of the Revised Code, a	26638
nonpublic four-year Ohio institution of higher education may	26639
submit a proposal for choose Ohio first scholarships or Ohio	26640
research scholars grants. If the chancellor awards a nonpublic	26641
institution scholarships or grants, the nonpublic institution	26642
shall comply with all requirements of this section, sections	26643
3333.62 to ~~3333.70~~3333.69 of the Revised Code, and the rules	26644
adopted under this section that apply to state universities or	26645
colleges awarded choose Ohio first scholarships or Ohio research	26646
scholars grants.	26647

The Ohio research scholars program shall award grants to use	26648
in recruiting scientists to the faculties of state universities or	26649
colleges.	26650

The chancellor shall adopt rules in accordance with Chapter	26651
119. of the Revised Code to administer the programs.	26652

Sec. 3333.71. As used in sections 3333.71 to ~~3333.80~~3333.79	26653
of the Revised Code:	26654

(A) "Cooperative education program" means a partnership	26655
between students, institutions of higher education, and employers	26656
that formally integrates students' academic study with work	26657
experience in cooperating employer organizations and that meets	26658
all of the following conditions:	26659

(1) Alternates or combines periods of academic study and work	26660
experience in appropriate fields as an integral part of student	26661
education;	26662

(2) Provides students with compensation from the cooperative	26663
employer in the form of wages or salaries for work performed;	26664

(3) Evaluates each participating student's performance in the	26665
cooperative position, both from the perspective of the student's	26666
institution of higher education and the student's cooperative	26667
employer;	26668

(4) Provides participating students with academic credit from	26669
the institution of higher education upon successful completion of	26670
their cooperative education;	26671

(5) Is part of an overall degree or certificate program for	26672
which a percentage of the total program acceptable to the	26673
chancellor of the Ohio board of regents involves cooperative	26674
education.	26675

(B) "Internship program" means a partnership between	26676
students, institutions of higher education, and employers that	26677
formally integrates students' academic study with work or	26678
community service experience and that does both of the following:	26679

(1) Offers internships of specified and definite duration;

26680

(2) Evaluates each participating student's performance in the	26681
internship position, both from the perspective of the student's	26682
institution of higher education and the student's internship	26683
employer.	26684

An internship program may provide participating students with	26685
academic credit upon successful completion of the internship, and	26686
may provide students with compensation in the form of wages or	26687
salaries, stipends, or scholarships.	26688

(C) "Nonpublic university or college" means a nonprofit	26689
institution holding a certificate of authorization issued under	26690
Chapter 1713. of the Revised Code.	26691

(D) "State institution of higher education" has the same	26692
meaning as in section 3345.011 of the Revised Code.	26693

Sec. 3333.72. The chancellor of the Ohio board of regents	26694
shall establish and administer the Ohio co-op/internship program	26695
to promote and encourage cooperative education programs or	26696
internship programs at Ohio institutions of higher education for	26697
the purpose of recruiting Ohio students to stay in the state, and	26698
recruiting Ohio residents who left Ohio to attend out-of-state	26699
institutions of higher education back to Ohio institutions of	26700
higher education, to participate in high quality academic programs	26701
that use cooperative education programs or significant internship	26702
programs, in order to support the growth of Ohio's businesses by	26703
providing businesses with Ohio's most talented students and	26704
providing Ohio graduates with job opportunities with Ohio's	26705
growing companies.	26706

The chancellor, subject to approval by the controlling board,	26707
shall make awards to state institutions of higher education for	26708
new or existing programs and initiatives meeting the goals of the	26709
Ohio co-op/internship program. Awards may be granted for programs	26710
and initiatives to be implemented by a state institution of higher	26711
education alone or in collaboration with other state institutions	26712
of higher education or nonpublic Ohio universities and colleges.	26713
If the chancellor makes an award to a program or initiative that	26714
is intended to be implemented by a state institution of higher	26715
education in collaboration with other state institutions of higher	26716
education or nonpublic Ohio universities or colleges, the	26717
chancellor may provide that some portion of the award be received	26718
directly by the collaborating universities or colleges consistent	26719
with all terms of the Ohio co-op/internship program.	26720

The Ohio co-op/internship program shall support the creation	26721
and maintenance of high quality academic programs that utilize an	26722
intensive cooperative education or internship program for students	26723
at state institutions of higher education, or assign a number of	26724
scholarships to institutions to recruit Ohio residents as students	26725
in a high quality academic program, or both. If scholarships are	26726
included in an award to an institution of higher education, the	26727
scholarships shall be awarded to each participating eligible	26728
student as a grant to the state institution of higher education	26729
the student is attending and shall be reflected on the student's	26730
tuition bill.	26731

Notwithstanding any other provision of this section or	26732
sections 3333.73 to ~~3333.80~~3333.79 of the Revised Code, an Ohio	26733
four-year nonpublic university or college may submit a proposal as	26734
lead applicant or co-lead applicant for an award under the Ohio	26735
co-op/internship program if the proposal is to be implemented in	26736
collaboration with a state institution of higher education. If the	26737
chancellor grants a nonpublic university or college an award, the	26738
nonpublic university or college shall comply with all requirements	26739
of this section, sections 3333.73 to ~~3333.80~~3333.79 of the	26740
Revised Code, and the rules adopted under this section that apply	26741
to state institutions of higher education that receive awards	26742
under the program.	26743

The chancellor shall adopt rules in accordance with Chapter	26744
119. of the Revised Code to administer the Ohio co-op/internship	26745
program.	26746

Sec. 3334.08. (A) Subject to division (B) of this section,	26747
in addition to any other powers conferred by this chapter, the	26748
Ohio tuition trust authority may do any of the following:	26749

(1) Impose reasonable residency requirements for	26750
beneficiaries of tuition units;	26751

(2) Impose reasonable limits on the number of tuition unit	26752
participants;	26753

(3) Impose and collect administrative fees and charges in	26754
connection with any transaction under this chapter;	26755

(4) Purchase insurance from insurers licensed to do business	26756
in this state providing for coverage against any loss in	26757
connection with the authority's property, assets, or activities or	26758
to further ensure the value of tuition units;	26759

(5) Indemnify or purchase policies of insurance on behalf of	26760
members, officers, and employees of the authority from insurers	26761
licensed to do business in this state providing for coverage for	26762
any liability incurred in connection with any civil action,	26763
demand, or claim against a director, officer, or employee by	26764
reason of an act or omission by the director, officer, or employee	26765
that was not manifestly outside the scope of the employment or	26766
official duties of the director, officer, or employee or with	26767
malicious purpose, in bad faith, or in a wanton or reckless	26768
manner;	26769

(6) Make, execute, and deliver contracts, conveyances, and	26770
other instruments necessary to the exercise and discharge of the	26771
powers and duties of the authority;	26772

(7) Promote, advertise, and publicize the Ohio college	26773
savings program and the variable college savings program;	26774

(8) Adopt rules under section 111.15 of the Revised Code for	26775
the implementation of the Ohio college savings program;	26776

(9) Contract, for the provision of all or part of the	26777
services necessary for the management and operation of the Ohio	26778
college savings program and the variable college savings program,	26779
with a bank, trust company, savings and loan association,	26780
insurance company, or licensed dealer in securities if the bank,	26781
company, association, or dealer is authorized to do business in	26782
this state and information about the contract is filed with the	26783
controlling board pursuant to division (D)(6) of section 127.16 of	26784
the Revised Code; provided, however, that any funds of the Ohio	26785
college savings program and the variable college savings program	26786
that are not needed for immediate use shall be deposited by the	26787
treasurer of state in the same manner provided under Chapter 135.	26788
of the Revised Code for public moneys of the state. All interest	26789
earned on those deposits shall be credited to the Ohio college	26790
savings program or the variable college savings program, as	26791
applicable.	26792

(10) Contract for other services, or for goods, needed by the	26793
authority in the conduct of its business, including but not	26794
limited to credit card services;	26795

(11) Employ an executive director and other personnel as	26796
necessary to carry out its responsibilities under this chapter,	26797
and fix the compensation of these persons. All employees of the	26798
authority shall be in the unclassified civil service and shall be	26799
eligible for membership in the public employees retirement system.	26800
In the hiring of the executive director, the Ohio tuition trust	26801
authority shall obtain the advice and consent of the Ohio tuition	26802
trust board created in section 3334.03 of the Revised Code,	26803
provided that the executive director shall not be hired unless a	26804
majority of the board votes in favor of the hiring. In addition,	26805
the board may remove the executive director at any time subject to	26806
the advice and consent of the chancellor of the Ohio board of	26807
regents.	26808

(12) Contract with financial consultants, actuaries,	26809
auditors, and other consultants as necessary to carry out its	26810
responsibilities under this chapter;	26811

(13) Enter into agreements with any agency of the state or	26812
its political subdivisions or with private employers under which	26813
an employee may agree to have a designated amount deducted in each	26814
payroll period from the wages or salary due the employee for the	26815
purpose of purchasing tuition units pursuant to a tuition payment	26816
contract or making contributions pursuant to a variable college	26817
savings program contract;	26818

(14) Enter into an agreement with the treasurer of state	26819
under which the treasurer of state will receive, and credit to the	26820
Ohio tuition trust fund or variable college savings program fund,	26821
from any bank or savings and loan association authorized to do	26822
business in this state, amounts that a depositor of the bank or	26823
association authorizes the bank or association to withdraw	26824
periodically from the depositor's account for the purpose of	26825
purchasing tuition units pursuant to a tuition payment contract or	26826
making contributions pursuant to a variable college savings	26827
program contract;	26828

(15) Solicit and accept gifts, grants, and loans from any	26829
person or governmental agency and participate in any governmental	26830
program;	26831

(16) Impose limits on the number of units which may be	26832
purchased on behalf of or assigned or awarded to any beneficiary	26833
and on the total amount of contributions that may be made on	26834
behalf of a beneficiary;	26835

(17) Impose restrictions on the substitution of another	26836
individual for the original beneficiary under the Ohio college	26837
savings program;	26838

(18) Impose a limit on the age of a beneficiary, above which	26839
tuition units may not be purchased on behalf of that beneficiary;	26840

(19) Enter into a cooperative agreement with the treasurer of	26841
state to provide for the direct disbursement of payments under	26842
tuition payment or variable college savings program contracts;	26843

(20) Determine the other higher education expenses for which	26844
tuition units or contributions may be used;	26845

(21) Terminate any tuition payment or variable college	26846
savings program contract if no purchases or contributions are made	26847
for a period of three years or more and there are fewer than a	26848
total of five tuition units or less than a dollar amount set by	26849
rule on account, provided that notice of a possible termination	26850
shall be provided in advance, explaining any options to prevent	26851
termination, and a reasonable amount of time shall be provided	26852
within which to act to prevent a termination;	26853

(22) Maintain a separate account for each tuition payment or	26854
variable college savings program contract;	26855

(23) Perform all acts necessary and proper to carry out the	26856
duties and responsibilities of the authority pursuant to this	26857
chapter.	26858

(B) The authority shall adopt rules under section 111.15 of	26859
the Revised Code for the implementation and administration of the	26860
variable college savings program. The rules shall provide	26861
taxpayers with the maximum tax advantages and flexibility	26862
consistent with section 529 of the Internal Revenue Code and	26863
regulations adopted thereunder with regard to disposition of	26864
contributions and earnings, designation of beneficiaries, and	26865
rollover of account assets to other programs.	26866

(C) Except as otherwise specified in this chapter, the	26867
provisions of Chapters 123., 125., and 4117. of the Revised Code	26868
shall not apply to the authority. The department of administrative	26869
services shall, upon the request of the authority, act as the	26870
authority's agent for the purchase of equipment, supplies,	26871
insurance, or services, or the performance of administrative	26872
services pursuant to Chapter 125. of the Revised Code.	26873

Sec. 3345.16. The board of trustees of a state college or	26874
university may receive, and hold in trust, for the use and benefit	26875
of the college or university any grant or devise of land, and	26876
donation or bequest of money or other personal property, to be	26877
applied to the general or special use of the college or	26878
university, including use for student loan and scholarship	26879
purposes, unless otherwise directed in the donation or bequest.	26880

The board of trustees of a state college or university may	26881
utilize trust funds to invest in property, real and personal, as a	26882
portion of the holdings in the endowment portfolio under the trust	26883
powers imparted to the board of trustees. Such property, real and	26884
personal, acquired for investment purposes shall be managed by the	26885
board of trustees in the same manner as are other investments in	26886
the college's or university's endowment portfolio. The board of	26887
trustees may lease, lease back, or otherwise contract for the use	26888
of such property in such manner as to provide earning power for	26889
the college or university investment portfolio. Sections 123.01,	26890
~~123.04~~123.02, ~~123.15~~123.10, and ~~123.47~~123.13 of the Revised	26891
Code do not apply to properties, real and personal, held under	26892
this section as earning-power properties in the college or	26893
university endowment portfolio.	26894

Notwithstanding any provision of the Revised Code to the	26895
contrary, the title in properties, real and personal, purchased by	26896
a board of trustees as an investment and held in the college's or	26897
university's endowment portfolio shall not be vested in the state,	26898
but shall be held in trust by the board.	26899

Sec. 3345.28. The board of trustees of any state university,	26900
medical university, technical college, state community college,	26901
community college, or the board of trustees or managing authority	26902
of any university branch may establish and administer a faculty	26903
improvement program, under which any full-time faculty member with	26904
at least seven academic years of teaching service at the college,	26905
university, or branch may be granted professional leave for a	26906
period not to exceed one academic year to engage in further	26907
education, research, or any other purpose approved by the board. A	26908
board of trustees or managing authority that establishes such a	26909
program shall, by rule, adopt a definition of "academic years of	26910
teaching service" and of "full-time faculty member."	26911

No such board or authority shall pay any faculty member for	26912
or during a period of professional leave any salary exceeding the	26913
amount that would have been paid to such faculty member for	26914
performing the faculty member's regular duties during the period	26915
of the leave. No faculty member shall, by virtue of being on	26916
professional leave, suffer a reduction or termination of the	26917
faculty member's regular employee retirement or insurance benefits	26918
or of any other benefit or privilege being received as a faculty	26919
member at the college, university, or branch where the faculty	26920
member is employed. Whenever such a benefit would be reduced	26921
because of a reduction in the faculty member's salary during the	26922
period of professional leave, the faculty member shall be given a	26923
chance to have the benefit increased to its normal level, in	26924
accordance with rules adopted by the board of trustees or the	26925
managing authority. A faculty member who has been granted	26926
professional leave shall complete another seven years of service	26927
at the college, university, or branch at which the faculty member	26928
is employed before becoming eligible for another grant of	26929
professional leave at that college, university, or branch.	26930
Professional leave taken as part of a faculty improvement program	26931
established under this section shall not be deemed to be in lieu	26932
of released time or assigned duty in connection with a specific	26933
research, scholarly, or creative program.	26934

Boards of trustees and managing authorities may accept moneys	26935
from any person, political subdivision, or the federal government	26936
to support a faculty improvement program, and may establish such	26937
additional rules as are necessary to establish and administer it.	26938

Each grant of professional leave shall be in accordance with	26939
a professional improvement policy for professional leaves that has	26940
been approved by the board of trustees or the managing authority.	26941
No professional leave shall be granted that requires a	26942
compensating addition to the permanent faculty or staff of the	26943
college, university, or branch. No professional leave shall be	26944
approved unless a specific plan for the professional improvement	26945
of the faculty member while on leave has been submitted to and	26946
accepted by the president of the university, college, or branch.	26947
At the completion of the leave, the faculty member shall submit to	26948
the president a report detailing the attainments of the faculty	26949
member under this professional improvement plan.	26950

~~Not later than the thirtieth day of June of each year, the~~	26951
~~chancellor of the board of regents shall report to the~~	26952
~~chairpersons of the education committees of the house of~~	26953
~~representatives and the senate on the status of implementation of~~	26954
~~faculty improvement programs. The report shall include, but need~~	26955
~~not be limited to, the following: the number of professional leave~~	26956
~~grants made by each institution; the purpose of each professional~~	26957
~~leave; and a statement of the cost to the institution of each~~	26958
~~professional leave, to the extent that such cost exceeds the~~	26959
~~salary of the faculty member on professional leave.~~	26960

Sec. 3345.50. Notwithstanding anything to the contrary in	26961
sections 123.01 and ~~123.15~~123.10 of the Revised Code, a state	26962
university, a state community college, or the northeast Ohio	26963
medical university not certified pursuant to section ~~123.17~~123.24	26964
of the Revised Code may administer any capital facilities project	26965
for the construction, reconstruction, improvement, renovation,	26966
enlargement, or alteration of a public improvement under its	26967
jurisdiction for which the total amount of funds expected to be	26968
appropriated by the general assembly does not exceed four million	26969
dollars without the supervision, control, or approval of the	26970
~~department of administrative services~~Ohio facilities construction	26971
commission as specified in those sections, if both of the	26972
following occur:	26973

(A) Within sixty days after the effective date of the section	26974
of an act in which the general assembly initially makes an	26975
appropriation for the project, the board of trustees of the	26976
institution notifies the chancellor of the Ohio board of regents	26977
in writing of its intent to administer the capital facilities	26978
project;	26979

(B) The board of trustees complies with the guidelines	26980
established pursuant to section 153.16 of the Revised Code and all	26981
laws that govern the selection of consultants, preparation and	26982
approval of contract documents, receipt of bids, and award of	26983
contracts with respect to the project.	26984

The chancellor shall adopt rules in accordance with Chapter	26985
119. of the Revised Code that establish criteria for the	26986
administration by any such institution of higher education of a	26987
capital facilities project for which the total amount of funds	26988
expected to be appropriated by the general assembly exceeds four	26989
million dollars. The criteria, to be developed with the ~~department~~	26990
~~of administrative services~~Ohio facilities construction commission	26991
and higher education representatives selected by the chancellor,	26992
shall include such matters as the adequacy of the staffing levels	26993
and expertise needed for the institution to administer the	26994
project, past performance of the institution in administering such	26995
projects, and the amount of institutional or other nonstate money	26996
to be used in financing the project. The chancellor and the	26997
~~department of administrative services~~Ohio facilities construction	26998
commission shall approve the request of any such institution of	26999
higher education that seeks to administer any such capital	27000
facilities project and meets the criteria set forth in the rules	27001
and in the requirements of division (B) of this section.	27002

Sec. 3345.51. (A) Notwithstanding anything to the contrary	27003
in sections ~~123.01~~123.20 and ~~123.15~~123.21 of the Revised Code, a	27004
state university, the northeast Ohio medical university, or a	27005
state community college may administer any capital facilities	27006
project for the construction, reconstruction, improvement,	27007
renovation, enlargement, or alteration of a public improvement	27008
under its jurisdiction for which funds are appropriated by the	27009
general assembly without the supervision, control, or approval of	27010
the ~~department of administrative services~~Ohio facilities	27011
construction commission as specified in those sections, if all of	27012
the following occur:	27013

(1) The institution is certified by the ~~state architect~~	27014
commission under section ~~123.17~~123.24 of the Revised Code;	27015

(2) Within sixty days after the effective date of the section	27016
of an act in which the general assembly initially makes an	27017
appropriation for the project, the board of trustees of the	27018
institution notifies the chancellor of the Ohio board of regents	27019
in writing of its request to administer the capital facilities	27020
project and the chancellor approves that request pursuant to	27021
division (B) of this section;	27022

(3) The board of trustees passes a resolution stating its	27023
intent to comply with section 153.13 of the Revised Code and the	27024
guidelines established pursuant to section 153.16 of the Revised	27025
Code and all laws that govern the selection of consultants,	27026
preparation and approval of contract documents, receipt of bids,	27027
and award of contracts with respect to the project.	27028

(B) The chancellor shall adopt rules in accordance with	27029
Chapter 119. of the Revised Code that establish criteria for the	27030
administration by any such institution of higher education of a	27031
capital facilities project for which the general assembly	27032
appropriates funds. The criteria, to be developed with the	27033
~~department of administrative services~~commission and higher	27034
education representatives selected by the chancellor, shall	27035
include such matters as the adequacy of the staffing levels and	27036
expertise needed for the institution to administer the project,	27037
past performance of the institution in administering such	27038
projects, and the amount of institutional or other nonstate money	27039
to be used in financing the project. The chancellor shall approve	27040
the request of any such institution of higher education that seeks	27041
to administer any such capital facilities project and meets the	27042
criteria set forth in the rules and the requirements of division	27043
(A) of this section.	27044

(C) Any institution that administers a capital facilities	27045
project under this section shall conduct biennial audits for the	27046
duration of the project to ensure that the institution is	27047
complying with Chapters 9., 123., and 153. of the Revised Code and	27048
that the institution is using its certification issued under	27049
section ~~123.17~~123.24 of the Revised Code appropriately. The	27050
chancellor, in consultation with higher education representatives	27051
selected by the chancellor, shall adopt rules in accordance with	27052
Chapter 119. of the Revised Code that establish criteria for the	27053
conduct of the audits. The criteria shall include documentation	27054
necessary to determine compliance with Chapters 9., 123., and 153.	27055
of the Revised Code and a method to determine whether an	27056
institution is using its certification issued under section ~~123.17~~	27057
123.24 of the Revised Code appropriately.	27058

(D) The chancellor, in consultation with higher education	27059
representatives selected by the chancellor, shall adopt rules in	27060
accordance with Chapter 119. of the Revised Code establishing	27061
criteria for monitoring capital facilities projects administered	27062
by institutions under this section. The criteria shall include the	27063
following:	27064

(1) Conditions under which the chancellor may revoke the	27065
authority of an institution to administer a capital facilities	27066
project under this section, including the failure of an	27067
institution to maintain a sufficient number of employees who have	27068
successfully completed the certification program under section	27069
~~123.17~~123.24 of the Revised Code;	27070

(2) A process for institutions to remedy any problems found	27071
by an audit conducted pursuant to division (C) of this section,	27072
including the improper use of state funds or violations of Chapter	27073
9., 123., or 153. of the Revised Code.	27074

(E) If the chancellor revokes an institution's authority to	27075
administer a capital facilities project, the ~~department of~~	27076
~~administrative services~~commission shall administer the capital	27077
facilities project. The chancellor also may require an	27078
institution, for which the chancellor revoked authority to	27079
administer a capital facilities project, to acquire a new local	27080
administration competency certification pursuant to section ~~123.17~~	27081
123.24 of the Revised Code.	27082

Sec. 3345.54. (A) As used in this section:

27083

(1) "Auxiliary facilities" has the same meaning as in section	27084
3345.12 of the Revised Code.	27085

(2) "Conduit entity" means an organization described in	27086
section 501(c)(3) of the Internal Revenue Code qualified as a	27087
public charity under section 509(a)(2) or 509(a)(3) of the	27088
Internal Revenue Code, or any other appropriate legal entity	27089
selected by the state institution, whose corporate purpose allows	27090
it to perform the functions and obligations of a conduit entity	27091
pursuant to the terms of a financing agreement.	27092

(3) "Conveyed property" means auxiliary facilities conveyed	27093
by a state institution to a conduit entity pursuant to a financing	27094
agreement.	27095

(4) "Financing agreement" means a contract described in	27096
division (C) of this section.	27097

(5) "Independent funding source" means a private entity that	27098
enters into a financing agreement with a conduit entity and a	27099
state institution.	27100

(6) "State institution" means a state institution of higher	27101
education as defined in section 3345.011 of the Revised Code.	27102

(B) The board of trustees of a state institution, with the	27103
approval of the chancellor of the Ohio board of regents and the	27104
controlling board, may enter into a financing agreement with a	27105
conduit entity and an independent funding source selected either	27106
through a competitive selection process or by direct negotiations,	27107
and may convey to the conduit entity title to any auxiliary	27108
facilities owned by the state institution pursuant to the terms of	27109
a financing agreement.	27110

(C) A financing agreement under this section is a written	27111
contract entered into among a state institution, a conduit entity,	27112
and an independent funding source that provides for:	27113

(1) The conveyance of auxiliary facilities owned by a state	27114
institution to the conduit entity for consideration deemed	27115
adequate by the state institution;	27116

(2) The lease of the conveyed property by the conduit entity	27117
to the independent funding source and leaseback of the conveyed	27118
property to the conduit entity for a term not to exceed	27119
ninety-nine years;	27120

(3) Such other terms and conditions that may be negotiated	27121
and agreed upon by the parties, including, but not limited to,	27122
terms regarding:	27123

(a) Payment to the state institution by the conduit entity of	27124
revenues received by it from the operations of the conveyed	27125
property in excess of the payments it is required to make to the	27126
independent funding source under the lease-leaseback arrangement	27127
described in division (C)(2) of this section;	27128

(b) Pledge, assignment, or creation of a lien in favor of the	27129
independent funding source by the conduit entity of any revenues	27130
derived from the conveyed property;	27131

(c) Reverter or conveyance of title to the conveyed property	27132
to the state institution when the conveyed property is no longer	27133
subject to a lease with the independent funding source.	27134

(4) Terms and conditions required by the chancellor or the	27135
controlling board as a condition of approval of the financing	27136
agreement.	27137

(D) The state institution and the conduit entity may enter	27138
into such other management agreements or other contracts regarding	27139
the conveyed property the parties deem appropriate, including	27140
agreements pursuant to which the state institution may maintain or	27141
administer the conveyed property and collect and disburse revenues	27142
from the conveyed property on behalf of the conduit entity.	27143

(E) The parties may modify or extend the term of the	27144
financing agreement with the approval of the chancellor and the	27145
controlling board.	27146

(F) The conveyed property shall retain its exemption from	27147
property taxes and assessments as though title to the conveyed	27148
property were held by the state institution during any part of a	27149
tax year that title is held by the state institution or the	27150
conduit entity and, if held by the conduit entity, remains subject	27151
to the lease-leaseback arrangement described in division (C)(2) of	27152
this section. However, as a condition of the continued exemption	27153
of the conveyed property during the term of the lease-leaseback	27154
arrangement the conduit entity shall apply for and maintain the	27155
exemption as provided by law.	27156

(G) Nothing in this section is intended to abrogate, amend,	27157
limit, or replace any existing authority state institutions may	27158
have with respect to the conveyance, lease, lease-leaseback,	27159
finance, or acquisition of auxiliary facilities including, but not	27160
limited to, authority granted under sections 3345.07, 3345.11, and	27161
3345.12 of the Revised Code.	27162

Sec. 3345.69. (A) As used in this section:

27163

(1) "State institution of higher education" has the same	27164
meaning as in section 3345.011 of the Revised Code.	27165

(2) "Board of trustees of a state institution of higher	27166
education" has the same meaning as in section 3345.61 of the	27167
Revised Code.	27168

(B) The chairperson of the interuniversity council of Ohio	27169
and the secretary of the Ohio association of community colleges	27170
shall assist in coordinating the organization and operation of a	27171
committee to carry out this section. The committee shall be	27172
comprised of the presidents of the state institutions of higher	27173
education or their designees. The committee, in consultation with	27174
the ~~office of energy services of the department of administrative~~	27175
~~services~~Ohio facilities construction commission, shall develop	27176
guidelines for the board of trustees of each state institution of	27177
higher education to use in ensuring energy efficiency and	27178
conservation in on- and off-campus buildings. ~~Initial guidelines~~	27179
~~shall be adopted not later than ninety days after the effective~~	27180
~~date of this section.~~ At a minimum, guidelines under this section	27181
shall do all of the following:	27182

(1) Include a goal to reduce on- and off-campus building	27183
energy consumption by at least twenty per cent by 2014, using	27184
calendar year 2004 as the benchmark year, while recognizing the	27185
diverse nature and different energy demands and uses of such	27186
buildings and measures already taken to increase building energy	27187
efficiency and conservation;	27188

(2) Prescribe minimum energy efficiency and conservation	27189
standards for any new, on- or off-campus capital improvement	27190
project with a construction cost of one hundred thousand dollars	27191
or more, which standards shall be based on general building type	27192
and cost-effectiveness;	27193

(3) Prescribe minimum energy efficiency and conservation	27194
standards for the leasing of an off-campus space of at least	27195
twenty-thousand square feet;	27196

(4) Incorporate best practices into energy efficiency and	27197
conservation standards and plans;	27198

(5) Provide that each board develop its own fifteen-year plan	27199
for phasing in energy efficiency and conservation projects;	27200

(6) Provide that project impact assessments include the	27201
fiscal effects of energy efficiency and conservation	27202
recommendations and plans;	27203

(7) Establish mechanisms for each board to report	27204
periodically to the committee on its progress relative to the	27205
guidelines.	27206

(C) The board of trustees of a state institution of higher	27207
education shall adopt rules under section 111.15 of the Revised	27208
Code to carry out the guidelines established pursuant to division	27209
(B) of this section, including in the execution of the board's	27210
authority under sections 3345.62 to 3345.66 of the Revised Code.	27211

Sec. 3345.692. (A) Not later than September 15, 2010, and	27212
the fifteenth day of September each year thereafter, a state	27213
institution of higher education shall prepare and submit to the	27214
chancellor of the board of regents a report that describes the	27215
number and types of biobased products purchased under section	27216
125.092 of the Revised Code and the amount of money spent by the	27217
state institution of higher education for those biobased products.	27218

(B) ~~Not later than September 30, 2010, and the thirtieth day~~	27219
~~of September each year thereafter, the chancellor of the board of~~	27220
~~regents shall prepare and submit to the governor, the president of~~	27221
~~the senate, and the speaker of the house of representatives a~~	27222
~~report that describes the number and types of biobased products~~	27223
~~purchased under section 125.092 of the Revised Code and the amount~~	27224
~~of money spent by state institutions of higher education for those~~	27225
~~biobased products as that information is provided to the~~	27226
~~chancellor under division (A) of this section.~~	27227

~~(C)~~ As used in this section, "state institution of higher	27228
education" has the same meaning as in section 3345.011 of the	27229
Revised Code.	27230

Sec. 3347.03. Each commission created by section 3347.01 of	27231
the Revised Code may acquire property of any kind by purchase,	27232
gift, or devise and hold and use any such property, or may use	27233
state lands at their respective universities upon consent of the	27234
respective boards of trustees thereof, for the erection,	27235
remodeling, or improving and equipping of buildings for suitable	27236
housing, dormitory, dining hall, and recreational accommodations,	27237
referred to as "buildings" in sections 3347.03 to 3347.08 of the	27238
Revised Code, for students, instructors, members of the faculty,	27239
the administration and maintenance staff of the universities with	27240
which each commission is identified, and their families. The	27241
construction, remodeling, or improving of any such buildings shall	27242
be in accordance with plans and specifications approved by the	27243
commission and with sections 153.01 and 153.04 to 153.20 of the	27244
Revised Code, except that the commission may act in all instances	27245
where the ~~department of administrative services~~Ohio facilities	27246
construction commission is mentioned in such sections.	27247

Sec. 3356.10. During the five-year period after the	27248
effective date of this section, the governor may execute deeds in	27249
the name of the state conveying to one or more purchasers and the	27250
purchasers' heirs and assigns or successors and assigns all of the	27251
state's right, title, and interest in any or all parcels of real	27252
estate held for the use and benefit of Youngstown state university	27253
and located in the city of Youngstown, Mahoning county, in an area	27254
known as "smokey hollow" and bounded on the north by the	27255
east-bound service road of the Madison avenue expressway, on the	27256
east by Andrews avenue, on the south by Rayen avenue, and on the	27257
west by Wick avenue. The parcel or parcels of real estate may be	27258
transferred individually or as a group or multiple groups to a	27259
single purchaser or to multiple purchasers.	27260

The consideration for conveyance of the parcel or parcels of	27261
real estate shall be a purchase price and any terms and conditions	27262
acceptable to the board of trustees of Youngstown state	27263
university. The consideration may include in whole or in part the	27264
benefit that will inure to the university and the students	27265
attending the university from development of a mixed-use urban	27266
neighborhood that will provide convenient housing, retail outlets,	27267
parks, and employment opportunities on a site adjacent to the	27268
university's core campus.	27269

All costs of the conveyance of the parcel or parcels of real	27270
estate shall be paid by the board of trustees of the Youngstown	27271
state university unless otherwise specified in the agreement for	27272
transfer of the property.	27273

Upon adoption of a resolution by the board of trustees of	27274
Youngstown state university specifically describing the parcel or	27275
parcels of real estate to be conveyed, identifying the purchaser	27276
or purchasers of the real estate, and specifying the consideration	27277
paid or to be paid, the auditor of state, with the assistance of	27278
the attorney general, shall prepare a deed or deeds to the parcel	27279
or parcels of real estate described in the resolution. The deed or	27280
deeds shall state the consideration specified in the resolution.	27281
The deed or deeds shall be executed by the governor in the name of	27282
the state, countersigned by the secretary of state, sealed with	27283
the great seal of the state, presented in the office of the	27284
auditor of state for recording, and delivered to the purchaser or	27285
purchasers. The purchaser or purchasers shall present the deed or	27286
deeds for recording in the office of the Mahoning county recorder.	27287

Each deed to any property described in this section shall	27288
contain any exceptions, reservations, or conditions and any right	27289
of reentry or reverter clause specified in the resolution. Any	27290
exceptions, reservations, or conditions or any right of reentry or	27291
reverter clause contained in any deed authorized by this section	27292
may be released by the university without the necessity of further	27293
legislation, provided the release is specifically authorized by	27294
the board of trustees of Youngstown state university.	27295

The net proceeds of the sale of the parcel or parcels of real	27296
estate shall be paid to Youngstown state university and deposited	27297
in university accounts for purposes to be determined by the board	27298
of trustees.	27299

Sec. 3366.05. The issuing authority, as an eligible	27300
not-for-profit holder of federal education loans, may act as an	27301
eligible not-for-profit servicer of certain student loans owned by	27302
the federal government under Section 2212 of the "Health Care and	27303
Education Reconciliation Act of 2010," Pub. L. No. 111-152. The	27304
issuing authority is authorized to take such actions and to enter	27305
into such contracts and to execute all instruments necessary or	27306
appropriate to act as an eligible not-for-profit servicer.	27307
Notwithstanding division (C) of section 3366.03 and division (B)	27308
of section 3366.04 of the Revised Code, revenues received by the	27309
issuing authority under this section shall be deposited in an	27310
account in the custody of the treasurer of state that is not part	27311
of the state treasury and shall be used to pay administrative	27312
costs incurred by the issuing authority. Unexpended amounts shall	27313
be deposited in the state treasury and credited to the treasurer	27314
of state's administrative fund created under section 113.20 of the	27315
Revised Code.	27316

Sec. 3375.405. (A) As used in this section, "energy	27317
conservation measure" means the construction of, installation or	27318
modification of an installation in, or remodeling of, a new or	27319
existing building, to reduce energy consumption. It includes:	27320

(1) Insulation of the building structure and of systems	27321
within the building;	27322

(2) Storm windows and doors, multiglazed windows and doors,	27323
heat-absorbing or heat-reflective glazed and coated window and	27324
door systems, additional glazing, reductions in glass area, and	27325
other window and door system modifications that reduce energy	27326
consumption;	27327

(3) Automatic energy control systems;

27328

(4) Heating, ventilating, or air conditioning system	27329
modifications or replacements;	27330

(5) Caulking and weather-stripping;

27331

(6) Replacement or modification of lighting fixtures to	27332
increase the energy efficiency of the system without increasing	27333
the overall illumination of a facility, unless such an increase in	27334
illumination is necessary to conform to the applicable state or	27335
local building code for the proposed lighting system;	27336

(7) Energy recovery systems;

27337

(8) Cogeneration systems that produce steam or forms of	27338
energy such as heat, as well as electricity, for use primarily	27339
within a building or complex of buildings;	27340

(9) Acquiring, constructing, furnishing, equipping, improving	27341
the site of, or otherwise improving a central utility plant to	27342
provide heating and cooling services to a building together with	27343
distribution piping and ancillary distribution controls,	27344
equipment, and related facilities from the central utility plant	27345
to the building; and	27346

(10) Any other construction, modification, installation, or	27347
remodeling approved by a board of library trustees as an energy	27348
conservation measure.	27349

(B) For the purpose of evaluating library buildings for	27350
energy conservation measures, a board of library trustees	27351
appointed pursuant to section 3375.06, 3375.10, 3375.12, 3375.15,	27352
3375.22, or 3375.30 of the Revised Code may contract with an	27353
architect, professional engineer, energy services company,	27354
contractor, or other person experienced in the design and	27355
implementation of energy conservation measures for an energy	27356
conservation report. Such a report shall include all of the	27357
following:	27358

(1) Analyses of the energy needs of library buildings and	27359
recommendations for building installations, modifications of	27360
existing installations, or building remodeling that would	27361
significantly reduce energy consumption in the buildings;	27362

(2) Estimates of all costs of the recommended installations,	27363
modifications, or remodeling, including costs of design,	27364
engineering, installation, maintenance, and repair;	27365

(3) Estimates of the amounts by which energy consumption	27366
could be reduced;	27367

(4) The interest rate used to estimate the costs of any	27368
energy conservation measures that are to be financed by the	27369
library;	27370

(5) The average system life of the energy conservation	27371
measures;	27372

(6) Estimates of the likely savings that will result from the	27373
reduction in energy consumption over the average system life of	27374
the energy conservation measures, including the methods used to	27375
estimate the savings; and	27376

(7) A certification under the seal of a registered	27377
professional engineer that the energy conservation report uses	27378
reasonable methods of analysis and estimation.	27379

(C)(1) A board of library trustees appointed pursuant to	27380
section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22, or 3375.30 of	27381
the Revised Code desiring to implement energy conservation	27382
measures may proceed under any of the following methods:	27383

(a) Procure the energy conservation measures in any manner	27384
authorized by existing authority.	27385

(b) Advertise for bids using an energy conservation report or	27386
any part of an energy conservation report prepared under division	27387
(B) of this section, and, except as otherwise provided in this	27388
section, comply with competitive bidding requirements applicable	27389
to the board of library trustees.	27390

(c) Notwithstanding any requirement in the Revised Code that	27391
requires competitive bidding or specifies bidding procedures,	27392
request proposals from at least three vendors for the	27393
implementation of energy conservation measures. A request for	27394
proposals shall require the vendor that is awarded a contract	27395
under division (C)(2)(b) of this section to prepare an energy	27396
conservation report in accordance with division (B) of this	27397
section.	27398

Prior to sending any vendor a copy of any request for	27399
proposals, the board of library trustees shall advertise its	27400
intent to request proposals for the installation of energy	27401
conservation measures in a newspaper of general circulation within	27402
the territorial boundaries of the political subdivision or	27403
district over which it has jurisdiction of free public library	27404
services once a week for two consecutive weeks. The notice shall	27405
state that the board of trustees intends to request proposals for	27406
the installation of energy conservation measures, indicate the	27407
date on which the request for proposals will be mailed to vendors,	27408
which shall be at least ten days after the second publication in	27409
the newspaper, and state that any vendor interested in receiving	27410
the request for proposals shall submit written notice to the board	27411
of library trustees not later than noon of the day on which the	27412
request for proposals is to be mailed.	27413

(2)(a) Upon receiving bids under division (C)(1)(b) of this	27414
section, the board of library trustees shall analyze them and	27415
select the lowest and best bid or bids most likely to result in	27416
the greatest energy savings considering the cost of the project	27417
and the board of library trustees' ability to pay for the	27418
improvements with current revenues or by financing the	27419
improvements.	27420

(b) Upon receiving proposals under division (C)(1)(c) of this	27421
section, the board of library trustees shall analyze the proposals	27422
and the vendors' qualifications and select the most qualified	27423
vendor to prepare an energy conservation report in accordance with	27424
division (B) of this section. After receipt and review of the	27425
energy conservation report, the board of library trustees may	27426
award a contract to the selected vendor to install the energy	27427
conservation measures that are most likely to result in the	27428
greatest energy savings considering the cost of the project and	27429
the board of library trustees' ability to pay for the improvements	27430
with current revenues or by financing the improvements.	27431

(c) The awarding of a contract to install energy conservation	27432
measures under division (C)(2)(a) or (b) of this section shall be	27433
conditioned upon a finding by the board of library trustees that	27434
the amount of money spent on energy conservation measures is not	27435
likely to exceed the amount of money the library would save in	27436
energy, operating, maintenance, and avoided capital costs over the	27437
average system life of the energy conservation measures as	27438
specified in the energy conservation report. In making such a	27439
finding, the board of trustees may take into account the increased	27440
costs due to inflation as shown in the energy conservation report.	27441
Nothing in this division prohibits a board of library trustees	27442
from rejecting all bids or proposals under division (C)(1)(b) or	27443
(c) of this section or from selecting more than one bid or	27444
proposal.	27445

(D) A board of library trustees appointed pursuant to section	27446
3375.06, 3375.10, 3375.12, 3375.15, 3375.22, or 3375.30 of the	27447
Revised Code may contract for the purchase and installation of	27448
energy conservation measures as provided in division (C) of	27449
section 3375.40 of the Revised Code.	27450

Sec. 3383.02. (A) There is hereby created the Ohio cultural	27451
facilities commission. The commission shall engage in and provide	27452
for the development, performance, and presentation or making	27453
available of culture and professional sports and athletics to the	27454
public in this state, and the provision of training or education	27455
in culture, by the exercise of its powers under this chapter,	27456
including the provision, operation, management, and cooperative	27457
use of Ohio cultural facilities and Ohio sports facilities. The	27458
commission is a body corporate and politic, an agency of state	27459
government and an instrumentality of the state, performing	27460
essential governmental functions of this state. The carrying out	27461
of the purposes and the exercise by the commission of its powers	27462
conferred by this chapter are essential public functions and	27463
public purposes of the state and of state government. The	27464
commission may, in its own name, sue and be sued, enter into	27465
contracts, and perform all the powers and duties given to it by	27466
this chapter; however, it does not have and shall not exercise the	27467
power of eminent domain.	27468

(B) The commission shall consist of twelve members, nine of	27469
whom shall be voting members and three of whom shall be nonvoting	27470
members. The nine voting members shall be appointed by the	27471
governor, with the advice and consent of the senate, from	27472
different geographical regions of the state. In addition, one of	27473
the voting members shall represent the ~~state architect~~Ohio	27474
facilities construction commission. Not more than five of the	27475
members appointed by the governor shall be affiliated with the	27476
same political party. The nonvoting members shall be the staff	27477
director of the Ohio arts council, a member of the senate	27478
appointed by the president of the senate, and a member of the	27479
house of representatives appointed by the speaker of the house.	27480

(C) Of the five initial appointments made by the governor,	27481
one shall be for a term expiring December 31, 1989, two shall be	27482
for terms expiring December 31, 1990, and two shall be for terms	27483
expiring December 31, 1991. Of the initial appointments of the	27484
sixth and seventh voting members made by the governor, one shall	27485
be for a term expiring December 31, 2003, and one shall be for a	27486
term expiring December 31, 2004. Of the initial appointments of	27487
the eighth and ninth voting members made by the governor, one	27488
shall be for a term expiring December 31, 2007, and one shall be	27489
for a term expiring December 31, 2008. These voting members shall	27490
be appointed within sixty days after ~~the effective date of this~~	27491
~~amendment~~September 29, 2005. Thereafter, each such term shall be	27492
for three years, commencing on the first day of January and ending	27493
on the thirty-first day of December. Each appointment by the	27494
president of the senate and by the speaker of the house of	27495
representatives shall be for the balance of the then legislative	27496
biennium. Each member shall hold office from the date of the	27497
member's appointment until the end of the term for which the	27498
member was appointed. Any member appointed to fill a vacancy	27499
occurring prior to the expiration of the term for which the	27500
member's predecessor was appointed shall hold office for the	27501
remainder of such term. Any member shall continue in office	27502
subsequent to the expiration date of the member's term until the	27503
member's successor takes office, or until a period of sixty days	27504
has elapsed, whichever occurs first.	27505

(D) Members of the commission shall serve without	27506
compensation.	27507

(E) Organizational meetings of the commission shall be held	27508
at the first meeting of each calendar year. At each organizational	27509
meeting, the commission shall elect from among its voting members	27510
a chairperson, a vice-chairperson, and a secretary-treasurer, who	27511
shall serve until the next annual meeting. The commission shall	27512
adopt rules pursuant to section 111.15 of the Revised Code for the	27513
conduct of its internal business and shall keep a journal of its	27514
proceedings.	27515

(F) Five voting members of the commission constitute a	27516
quorum, and the affirmative vote of five members is necessary for	27517
approval of any action taken by the commission. A vacancy in the	27518
membership of the commission does not impair a quorum from	27519
exercising all the rights and performing all the duties of the	27520
commission. Meetings of the commission may be held anywhere in the	27521
state, and shall be held in compliance with section 121.22 of the	27522
Revised Code.	27523

(G) All expenses incurred in carrying out this chapter are	27524
payable solely from money accrued under this chapter or	27525
appropriated for these purposes by the general assembly, and the	27526
commission shall incur no liability or obligation beyond such	27527
money.	27528

(H) The commission shall file an annual report of its	27529
activities and finances with the governor, director of budget and	27530
management, speaker of the house of representatives, president of	27531
the senate, and chairpersons of the house and senate finance	27532
committees.	27533

(I) There is hereby established in the state treasury the	27534
Ohio cultural facilities commission administration fund. All	27535
revenues of the commission shall be credited to that fund and to	27536
any accounts created in that fund with the commission's approval.	27537
All expenses of the commission, including reimbursement of, or	27538
payment to, any other fund or any governmental agency for advances	27539
made or services rendered to or on behalf of the commission, shall	27540
be paid from that fund as determined by or pursuant to directions	27541
of the commission. All investment earnings of that fund shall be	27542
credited to it and shall be allocated among any accounts created	27543
in the fund in the manner determined by the commission.	27544

(J) Title to all real property and lesser interests in real	27545
property acquired by the commission, including leasehold and other	27546
interests, pursuant to this chapter shall be taken in the name of	27547
the state and shall be held for the use and benefit of the	27548
commission. The commission shall not mortgage such real property	27549
and interests in real property. Title to other property and	27550
interests in it acquired by the commission pursuant to this	27551
chapter shall be taken in its name.	27552

Sec. 3383.07. (A) The ~~department of administrative services~~	27553
Ohio facilities construction commission shall provide for the	27554
construction of a cultural project in conformity with Chapter 153.	27555
of the Revised Code, except as follows:	27556

(1) For a cultural project other than a state historical	27557
facility, construction services may be provided on behalf of the	27558
state by the Ohio cultural facilities commission, or by a	27559
governmental agency or a cultural organization that occupies, will	27560
occupy, or is responsible for the Ohio cultural facility, as	27561
determined by the Ohio cultural facilities commission. For a	27562
project receiving a state appropriation of fifty thousand dollars	27563
or less, the Ohio cultural facilities commission may delegate to	27564
its executive director the authority to approve the provision of	27565
construction services by such an agency or organization, but not	27566
the authority to disapprove that provision. Construction services	27567
to be provided by a governmental agency or a cultural organization	27568
shall be specified in an agreement between the Ohio cultural	27569
facilities commission and the governmental agency or cultural	27570
organization. The agreement, or any actions taken under it, are	27571
not subject to Chapter 123. or 153. of the Revised Code, except	27572
for sections 123.081 and 153.011 of the Revised Code, and shall be	27573
subject to Chapter 4115. of the Revised Code.	27574

(2) For a cultural project that is a state historical	27575
facility, construction services may be provided by the Ohio	27576
cultural facilities commission or by a cultural organization that	27577
occupies, will occupy, or is responsible for the facility, as	27578
determined by the Ohio cultural facilities commission. For a	27579
facility receiving a state appropriation of fifty thousand dollars	27580
or less, the Ohio cultural facilities commission may delegate to	27581
its executive director the authority to approve the provision of	27582
construction services by such an organization, but not the	27583
authority to disapprove that provision. The construction services	27584
to be provided by the cultural organization shall be specified in	27585
an agreement between the Ohio cultural facilities commission and	27586
the cultural organization. That agreement, and any actions taken	27587
under it, are not subject to Chapter 123., 153., or 4115. of the	27588
Revised Code.	27589

(B) For an Ohio sports facility that is financed in part by	27590
obligations issued pursuant to Chapter 154. of the Revised Code,	27591
construction services shall be provided on behalf of the state by	27592
or at the direction of the governmental agency or nonprofit	27593
corporation that will own or be responsible for the management of	27594
the facility, all as determined by the Ohio cultural facilities	27595
commission. For a facility receiving a state appropriation of	27596
fifty thousand dollars or less, the Ohio cultural facilities	27597
commission may delegate to its executive director the authority to	27598
approve the provision of construction services by or at the	27599
direction of the agency or corporation, but not the authority to	27600
disapprove that provision. Any construction services to be	27601
provided by a governmental agency or nonprofit corporation shall	27602
be specified in an agreement between the Ohio cultural facilities	27603
commission and the governmental agency or nonprofit corporation.	27604
That agreement, and any actions taken under it, are not subject to	27605
Chapter 123. or 153. of the Revised Code, except for sections	27606
123.081 and 153.011 of the Revised Code, and shall be subject to	27607
Chapter 4115. of the Revised Code.	27608

(C) General building services for an Ohio cultural facility	27609
shall be provided by the Ohio cultural facilities commission or by	27610
a cultural organization that occupies, will occupy, or is	27611
responsible for the facility, as determined by the Ohio cultural	27612
facilities commission. For a facility receiving a state	27613
appropriation of fifty thousand dollars or less, the Ohio cultural	27614
facilities commission may delegate to its executive director the	27615
authority to approve the provision of general building services by	27616
such an organization, but not the authority to disapprove that	27617
provision. Alternatively, the Ohio building authority may elect to	27618
provide those services for Ohio cultural facilities financed with	27619
proceeds of state bonds issued by the authority. The costs of	27620
management and general building services shall be paid by the	27621
cultural organization that occupies, will occupy, or is	27622
responsible for the facility as provided in an agreement between	27623
the Ohio cultural facilities commission and the cultural	27624
organization, except that the state may pay for general building	27625
services for state-owned cultural facilities constructed on	27626
state-owned land.	27627

General building services for an Ohio sports facility shall	27628
be provided by or at the direction of the governmental agency or	27629
nonprofit corporation that will be responsible for the management	27630
of the facility, all as determined by the Ohio cultural facilities	27631
commission. For a facility receiving a state appropriation of	27632
fifty thousand dollars or less, the Ohio cultural facilities	27633
commission may delegate to its executive director the authority to	27634
approve the provision of general building services by or at the	27635
direction of the agency or corporation, but not the authority to	27636
disapprove that provision. Any general building services to be	27637
provided by a governmental agency or nonprofit corporation for an	27638
Ohio sports facility shall be specified in an agreement between	27639
the Ohio cultural facilities commission and the governmental	27640
agency or nonprofit corporation. That agreement, and any actions	27641
taken under it, are not subject to Chapter 123. or 153. of the	27642
Revised Code, except for sections 123.081 and 153.011 of the	27643
Revised Code, and shall be subject to Chapter 4115. of the Revised	27644
Code.	27645

(D) This division does not apply to a state historical	27646
facility. No state funds, including any state bond proceeds, shall	27647
be spent on the construction of any cultural project under this	27648
chapter unless, with respect to the cultural project and to the	27649
Ohio cultural facility related to the project, all of the	27650
following apply:	27651

(1) The Ohio cultural facilities commission has determined	27652
that there is a need for the cultural project and the Ohio	27653
cultural facility related to the project in the region of the	27654
state in which the Ohio cultural facility is located or for which	27655
the facility is proposed. For a project receiving a state	27656
appropriation of fifty thousand dollars or less, the Ohio cultural	27657
facilities commission may delegate to its executive director the	27658
authority to determine need but only in the affirmative.	27659

(2) The Ohio cultural facilities commission has determined	27660
that, as an indication of substantial regional support for the	27661
cultural project, the cultural organization has made provision	27662
satisfactory to the Ohio cultural facilities commission, in its	27663
sole discretion, for local contributions amounting to not less	27664
than fifty per cent of the total state funding for the cultural	27665
project. For a project receiving a state appropriation of fifty	27666
thousand dollars or less, the Ohio cultural facilities commission	27667
may delegate to its executive director the authority to determine	27668
the adequacy of the regional support but only in the affirmative.	27669

(3) The general assembly has specifically authorized the	27670
spending of money on, or made an appropriation for, the	27671
construction of the cultural project, or for rental payments	27672
relating to the financing of the construction of the cultural	27673
project. Authorization to spend money, or an appropriation, for	27674
planning the cultural project does not constitute authorization to	27675
spend money on, or an appropriation for, construction of the	27676
cultural project.	27677

(E) No state funds, including any state bond proceeds, shall	27678
be spent on the construction of any state historical facility	27679
under this chapter unless the general assembly has specifically	27680
authorized the spending of money on, or made an appropriation for,	27681
the construction of the state historical project related to the	27682
facility, or for rental payments relating to the financing of the	27683
construction of the state historical project. Authorization to	27684
spend money, or an appropriation, for planning the state	27685
historical project does not constitute authorization to spend	27686
money on, or an appropriation for, the construction of the state	27687
historical project.	27688

(F) State funds shall not be used to pay or reimburse more	27689
than fifteen per cent of the initial estimated construction cost	27690
of an Ohio sports facility, excluding any site acquisition cost,	27691
and no state funds, including any state bond proceeds, shall be	27692
spent on any Ohio sports facility under this chapter unless, with	27693
respect to that facility, all of the following apply:	27694

(1) The Ohio cultural facilities commission has determined	27695
that there is a need for the facility in the region of the state	27696
for which the facility is proposed to provide the function of an	27697
Ohio sports facility as provided for in this chapter. For a	27698
facility receiving a state appropriation of fifty thousand dollars	27699
or less, the Ohio cultural facilities commission may delegate to	27700
its executive director the authority to determine need but only in	27701
the affirmative.	27702

(2) As an indication of substantial local support for the	27703
facility, the Ohio cultural facilities commission has received a	27704
financial and development plan satisfactory to it, and provision	27705
has been made, by agreement or otherwise, satisfactory to the Ohio	27706
cultural facilities commission, for a contribution amounting to	27707
not less than eighty-five per cent of the total estimated	27708
construction cost of the facility, excluding any site acquisition	27709
cost, from sources other than the state. For a facility receiving	27710
a state appropriation of fifty thousand dollars or less, the Ohio	27711
cultural facilities commission may delegate to its executive	27712
director the authority to evaluate the financial and development	27713
plan and the contribution and to determine their adequacy but only	27714
in the affirmative.	27715

(3) The general assembly has specifically authorized the	27716
spending of money on, or made an appropriation for, the	27717
construction of the facility, or for rental payments relating to	27718
state financing of all or a portion of the costs of constructing	27719
the facility. Authorization to spend money, or an appropriation,	27720
for planning or determining the feasibility of or need for the	27721
facility does not constitute authorization to spend money on, or	27722
an appropriation for, costs of constructing the facility.	27723

(4) If state bond proceeds are being used for the Ohio sports	27724
facility, the state or a governmental agency owns or has	27725
sufficient property interests in the facility or in the site of	27726
the facility or in the portion or portions of the facility	27727
financed from proceeds of state bonds, which may include, but is	27728
not limited to, the right to use or to require the use of the	27729
facility for the presentation of sport and athletic events to the	27730
public at the facility.	27731

(G) In addition to the requirements of division (F) of this	27732
section, no state funds, including any state bond proceeds, shall	27733
be spent on any Ohio sports facility that is a motorsports	27734
complex, unless, with respect to that facility, both of the	27735
following apply:	27736

(1) Motorsports events shall be presented at the facility	27737
pursuant to a lease entered into with the owner of the facility.	27738
The term of the lease shall be for a period of not less than the	27739
greater of the useful life of the portion of the facility financed	27740
from proceeds of state bonds as determined using the guidelines	27741
for maximum maturities as provided under divisions (B) and (C) of	27742
section 133.20 of the Revised Code, or the period of time	27743
remaining to the date of payment or provision for payment of	27744
outstanding state bonds allocable to costs of the facility, all as	27745
determined by the director of budget and management and certified	27746
by the director to the Ohio cultural facilities commission and to	27747
the treasurer of state.	27748

(2) Any motorsports organization that commits to using the	27749
facility for an established period of time shall give the	27750
political subdivision in which the facility is located not less	27751
than six months' advance notice if the organization intends to	27752
cease utilizing the facility prior to the expiration of that	27753
established period. Such a motorsports organization shall be	27754
liable to the state for any state funds used on the construction	27755
costs of the facility.	27756

(H) In addition to the requirements of division (F) of this	27757
section, no state bond proceeds shall be spent on any Ohio sports	27758
facility that is a tennis facility, unless the owner or manager of	27759
the facility provides contractual commitments from a national or	27760
international professional tennis organization in a form	27761
acceptable to the cultural facilities commission that assures that	27762
one or more sanctioned professional tennis events will be	27763
presented at the facility during each year that the bonds remain	27764
outstanding.	27765

Sec. 3517.20. (A)(1) As used in this section:

27766

(a) "Political publication for or against a candidate" means	27767
a notice, placard, advertisement, sample ballot, brochure, flyer,	27768
direct mailer, or other form of general publication that is	27769
designed to promote the nomination, election, or defeat of a	27770
candidate.	27771

(b) "Political publication for or against an issue" means a	27772
notice, placard, advertisement, sample ballot, brochure, flyer,	27773
direct mailer, or other form of general publication that is	27774
designed to promote the adoption or defeat of a ballot issue or	27775
question or to influence the voters in an election.	27776

(c) "Public political advertising" means newspapers,	27777
magazines, outdoor advertising facilities, direct mailings, or	27778
other similar types of general public political advertising, or	27779
flyers, handbills, or other nonperiodical printed matter.	27780

(d) "Statewide candidate" has the same meaning as in section	27781
3517.102 of the Revised Code.	27782

(e) "Legislative candidate" means a candidate for the office	27783
of member of the general assembly.	27784

(f) "Local candidate" means a candidate for an elective	27785
office of a political subdivision of this state.	27786

(g) "Legislative campaign fund" has the same meaning as in	27787
section 3517.01 of the Revised Code.	27788

(h) "Limited political action committee" means a political	27789
action committee of fewer than ten members.	27790

(i) "Limited political contributing entity" means a political	27791
contributing entity of fewer than ten members.	27792

(j) "Designated amount" means one hundred dollars in the case	27793
of a local candidate or a local ballot issue, two hundred fifty	27794
dollars in the case of a legislative candidate, or five hundred	27795
dollars in the case of a statewide candidate or a statewide ballot	27796
issue.	27797

(k) "To issue" includes to print, post, distribute, reproduce	27798
for distribution, or cause to be issued, printed, posted,	27799
distributed, or reproduced for distribution.	27800

(l) "Telephone bank" means more than five hundred telephone	27801
calls of an identical or substantially similar nature within any	27802
thirty-day period, whether those telephone calls are made by	27803
individual callers or by recording.	27804

(2)(a) No candidate, ~~campaign committee,~~ legislative campaign	27805
fund, political party, or other entity, except a political action	27806
committee or, a political contributing entity, or a campaign	27807
committee, shall issue a form of political publication for or	27808
against a candidate, or shall make an expenditure for the purpose	27809
of financing political communications in support of or opposition	27810
to a candidate through public political advertising, unless the	27811
name and residence or business address of the candidate or the	27812
chairperson, treasurer, or secretary of the ~~campaign committee,~~	27813
legislative campaign fund, political party, or other entity that	27814
issues or otherwise is responsible for that political publication	27815
or that makes an expenditure for that political communication	27816
appears in a conspicuous place on that political publication or is	27817
contained within that political communication.	27818

(b) No campaign committee shall issue a form of political	27819
publication for or against a candidate, or shall make an	27820
expenditure for the purpose of financing political communications	27821
in support of or opposition to a candidate through public	27822
political advertising, unless the name of the campaign committee	27823
appears in a conspicuous place on that political publication or is	27824
contained within that political communication.	27825

(3) No limited political action committee or limited	27826
political contributing entity shall do either of the following	27827
unless the name and residence or business address of the	27828
chairperson, treasurer, or secretary of the limited political	27829
action committee or limited political contributing entity involved	27830
appears in a conspicuous place in the political publication for or	27831
against a candidate described in division (A)(3)(a) of this	27832
section or is contained within the political communication	27833
described in division (A)(3)(b) of this section:	27834

(a) Issue a form of political publication for or against a	27835
candidate that costs in excess of the designated amount or that is	27836
issued in cooperation, consultation, or concert with, or at the	27837
request or suggestion of, a candidate, a campaign committee, a	27838
legislative campaign fund, a political party, a political action	27839
committee with ten or more members, a political contributing	27840
entity with ten or more members, or a limited political action	27841
committee or limited political contributing entity that spends in	27842
excess of the designated amount on a related or the same or	27843
similar political publication for or against a candidate;	27844

(b) Make an expenditure in excess of the designated amount in	27845
support of or opposition to a candidate or make an expenditure in	27846
cooperation, consultation, or concert with, or at the request or	27847
suggestion of, a candidate, a campaign committee, a legislative	27848
campaign fund, a political party, a political action committee	27849
with ten or more members, a political contributing entity with ten	27850
or more members, or a limited political action committee or	27851
limited political contributing entity that spends in excess of the	27852
designated amount in support of or opposition to the same	27853
candidate, for the purpose of financing political communications	27854
in support of or opposition to that candidate through public	27855
political advertising.	27856

(4) No political action committee with ten or more members	27857
and no political contributing entity with ten or more members	27858
shall issue a form of political publication for or against a	27859
candidate, or shall make an expenditure for the purpose of	27860
financing political communications in support of or opposition to	27861
a candidate through public political advertising, unless the name	27862
and residence or business address of the chairperson, treasurer,	27863
or secretary of the political action committee or political	27864
contributing entity that issues or otherwise is responsible for	27865
that political publication or that makes an expenditure for that	27866
political communication through public political advertising	27867
appears in a conspicuous place in that political publication or is	27868
contained within that political communication.	27869

(5)(a) No corporation, labor organization, ~~campaign~~	27870
~~committee,~~ legislative campaign fund, political party, or other	27871
entity, except a political action committee or a campaign	27872
committee, shall issue a form of political publication for or	27873
against an issue, or shall make an expenditure for the purpose of	27874
financing political communications in support of or opposition to	27875
a ballot issue or question through public political advertising,	27876
unless the name and residence or business address of the	27877
chairperson, treasurer, or secretary of the corporation, labor	27878
organization, ~~campaign committee,~~ legislative campaign fund,	27879
political party, or other entity that issues or otherwise is	27880
responsible for that political publication or that makes an	27881
expenditure for that political communication through public	27882
political advertising appears in a conspicuous place in that	27883
political publication or is contained within that political	27884
communication.	27885

(b) No campaign committee shall issue a form of political	27886
publication for or against an issue, or shall make an expenditure	27887
for the purpose of financing political communications in support	27888
of or opposition to a ballot issue or question through public	27889
political advertising, unless the name of the campaign committee	27890
appears in a conspicuous place in that political publication or is	27891
contained within that political communication.	27892

(6) No limited political action committee shall do either of	27893
the following unless the name and residence or business address of	27894
the chairperson, treasurer, or secretary of the limited political	27895
action committee involved appears in a conspicuous place in the	27896
political publication for or against a ballot issue described in	27897
division (A)(6)(a) of this section or is contained within the	27898
political communication described in division (A)(6)(b) of this	27899
section:	27900

(a) Issue a form of political publication for or against a	27901
ballot issue that costs in excess of the designated amount or that	27902
is issued in cooperation, consultation, or concert with, or at the	27903
request or suggestion of, a candidate, a campaign committee, a	27904
legislative campaign fund, a political party, a political action	27905
committee with ten or more members, or a limited political action	27906
committee that spends in excess of the designated amount for a	27907
related or the same or similar political publication for or	27908
against an issue;	27909

(b) Make an expenditure in excess of the designated amount in	27910
support of or opposition to a ballot issue or make an expenditure	27911
in cooperation, consultation, or concert with, or at the request	27912
or suggestion of, a candidate, a campaign committee, a legislative	27913
campaign fund, a political party, a political action committee	27914
with ten or more members, or a limited political action committee	27915
that spends in excess of the designated amount in support of or	27916
opposition to the same ballot issue, for the purpose of financing	27917
political communications in support of or opposition to that	27918
ballot issue through public political advertising.	27919

(7) No political action committee with ten or more members	27920
shall issue a form of political publication for or against an	27921
issue, or shall make an expenditure for the purpose of financing	27922
political communications in support of or opposition to a ballot	27923
issue or question through public political advertising, unless the	27924
name and residence or business address of the chairperson,	27925
treasurer, or secretary of the political action committee that	27926
issues or otherwise is responsible for that political publication	27927
or that makes an expenditure for that political communication	27928
appears in a conspicuous place in that political publication or is	27929
contained within that political communication.	27930

(8) The disclaimer "paid political advertisement" is not	27931
sufficient to meet the requirements of this section.	27932

(9) If the political publication described in division (A) of	27933
this section is issued by the regularly constituted central or	27934
executive committee of a political party that is organized as	27935
provided in this chapter, it shall be sufficiently identified if	27936
it bears the name of the committee and its chairperson or	27937
treasurer.	27938

(10) If more than one piece of printed matter or printed	27939
political communications are mailed as a single packet, the	27940
requirements of division (A) of this section are met if one of the	27941
pieces of printed matter or printed political communications in	27942
the packet contains the name and residence or business address of	27943
the chairperson, treasurer, or secretary of the organization or	27944
entity that issues or is responsible for the printed matter or	27945
other printed political communications, except that if a campaign	27946
committee mails more than one piece of printed matter or printed	27947
political communications as a single packet, the requirements of	27948
division (A) of this section are met if one of the pieces of	27949
printed matter or printed political communications in the packet	27950
contains the name of the campaign committee.	27951

(11) This section does not apply to the transmittal of	27952
personal correspondence that is not reproduced by machine for	27953
general distribution.	27954

(12) The secretary of state, by rule, may exempt from the	27955
requirements of this section, printed matter and certain other	27956
kinds of printed communications such as campaign buttons,	27957
balloons, pencils, or similar items, the size or nature of which	27958
makes it unreasonable to add an identification or disclaimer.	27959

(13) The disclaimer or identification described in division	27960
(A) of this section, when paid for by a campaign committee, shall	27961
be identified by the words "paid for by" followed by the name ~~and~~	27962
~~address~~ of the campaign committee and the appropriate officer of	27963
the committee, identified by name and title. The identification or	27964
disclaimer may use reasonable abbreviations for common terms such	27965
as "treasurer" or "committee".	27966

(B)(1) No candidate, campaign committee, legislative campaign	27967
fund, political party, political action committee, limited	27968
political action committee, political contributing entity, limited	27969
political contributing entity, or other entity shall utter or	27970
cause to be uttered, over the broadcasting facilities of any radio	27971
or television station within this state, any communication that is	27972
designed to promote the nomination, election, or defeat of a	27973
candidate, or the adoption or defeat of an issue or to influence	27974
the voters in an election, unless the speaker identifies the	27975
speaker with the speaker's name and residence address or unless	27976
the communication identifies the chairperson, treasurer, or	27977
secretary of the organization responsible for the communication	27978
with the name and residence or business address of that officer,	27979
except that communications by radio need not broadcast the	27980
residence or business address of the officer. However, a radio	27981
station, for a period of at least six months, shall keep the	27982
residence or business address on file and divulge it to any person	27983
upon request.	27984

No person operating a broadcast station or an organ of	27985
printed media shall broadcast or print a paid political	27986
communication that does not contain the identification required by	27987
this section.	27988

(2) Division (B) of this section does not apply to any	27989
communications made on behalf of a radio or television station or	27990
network by any employee of such radio or television station or	27991
network while acting in the course of the employee's employment.	27992

(3) No candidate or entity described in division (B)(1) of	27993
this section shall use or cause to be used a false, fictitious, or	27994
fraudulent name or address in the making or issuing of a	27995
publication or communication included within the provisions of	27996
this section.	27997

(C) No candidate, campaign committee, legislative campaign	27998
fund, political party, political action committee, limited	27999
political action committee, political contributing entity, limited	28000
political contributing entity, or other person or entity shall	28001
conduct a telephone bank for the purpose of promoting the	28002
nomination, election, or defeat of a candidate or the adoption or	28003
defeat of an issue or to influence the voters in an election,	28004
unless the call includes a disclaimer that identifies the name of	28005
the candidate, campaign committee, legislative campaign fund,	28006
political party, political action committee, limited political	28007
action committee, political contributing entity, limited political	28008
contributing entity, or other person or entity paying for the	28009
telephone bank.	28010

(D) Before a prosecution may commence under this section, a	28011
complaint shall be filed with the Ohio elections commission under	28012
section 3517.153 of the Revised Code. After the complaint is	28013
filed, the commission shall proceed in accordance with sections	28014
3517.154 to 3517.157 of the Revised Code.	28015

Sec. 3701.021. (A) The ~~public~~director of health ~~council~~	28016
shall adopt, in accordance with Chapter 119. of the Revised Code,	28017
such rules as are necessary to carry out sections 3701.021 to	28018
3701.0210 of the Revised Code, including, but not limited to,	28019
rules to establish the following:	28020

(1) Medical and financial eligibility requirements for the	28021
program for medically handicapped children;	28022

(2) Eligibility requirements for providers of services for	28023
medically handicapped children;	28024

(3) Procedures to be followed by the department of health in	28025
disqualifying providers for violating requirements adopted under	28026
division (A)(2) of this section;	28027

(4) Procedures to be used by the department regarding	28028
application for diagnostic services under division (B) of section	28029
3701.023 of the Revised Code and payment for those services under	28030
division (E) of that section;	28031

(5) Standards for the provision of service coordination by	28032
the department of health and city and general health districts;	28033

(6) Procedures for the department to use to determine the	28034
amount to be paid annually by each county for services for	28035
medically handicapped children and to allow counties to retain	28036
funds under divisions (A)(2) and (3) of section 3701.024 of the	28037
Revised Code;	28038

(7) Financial eligibility requirements for services for Ohio	28039
residents twenty-one years of age or older who have cystic	28040
fibrosis;	28041

(8) Criteria for payment of approved providers who provide	28042
services for medically handicapped children;	28043

(9) Criteria for the department to use in determining whether	28044
the payment of health insurance premiums of participants in the	28045
program for medically handicapped children is cost-effective;	28046

(10) Procedures for appeal of denials of applications under	28047
divisions (A) and (D) of section 3701.023 of the Revised Code,	28048
disqualification of providers, and amounts paid for services;	28049

(11) Terms of appointment for members of the medically	28050
handicapped children's medical advisory council created in section	28051
3701.025 of the Revised Code;	28052

(12) Eligibility requirements for the hemophilia program,	28053
including income and hardship requirements;	28054

(13) If a manufacturer discount program is established under	28055
division (J)(1) of section 3701.023 of the Revised Code,	28056
procedures for administering the program, including criteria and	28057
other requirements for participation in the program by	28058
manufacturers of drugs and nutritional formulas.	28059

(B) The department of health shall develop a manual of	28060
operational procedures and guidelines for the program for	28061
medically handicapped children to implement sections 3701.021 to	28062
3701.0210 of the Revised Code.	28063

Sec. 3701.023. (A) The department of health shall review	28064
applications for eligibility for the program for medically	28065
handicapped children that are submitted to the department by city	28066
and general health districts and physician providers approved in	28067
accordance with division (C) of this section. The department shall	28068
determine whether the applicants meet the medical and financial	28069
eligibility requirements established by the ~~public~~director of	28070
health ~~council~~ pursuant to division (A)(1) of section 3701.021 of	28071
the Revised Code, and by the department in the manual of	28072
operational procedures and guidelines for the program for	28073
medically handicapped children developed pursuant to division (B)	28074
of that section. Referrals of potentially eligible children for	28075
the program may be submitted to the department on behalf of the	28076
child by parents, guardians, public health nurses, or any other	28077
interested person. The department of health may designate other	28078
agencies to refer applicants to the department of health.	28079

(B) In accordance with the procedures established in rules	28080
adopted under division (A)(4) of section 3701.021 of the Revised	28081
Code, the department of health shall authorize a provider or	28082
providers to provide to any Ohio resident under twenty-one years	28083
of age, without charge to the resident or the resident's family	28084
and without restriction as to the economic status of the resident	28085
or the resident's family, diagnostic services necessary to	28086
determine whether the resident has a medically handicapping or	28087
potentially medically handicapping condition.	28088

(C) The department of health shall review the applications of	28089
health professionals, hospitals, medical equipment suppliers, and	28090
other individuals, groups, or agencies that apply to become	28091
providers. The department shall enter into a written agreement	28092
with each applicant who is determined, pursuant to the	28093
requirements set forth in rules adopted under division (A)(2) of	28094
section 3701.021 of the Revised Code, to be eligible to be a	28095
provider in accordance with the provider agreement required by the	28096
medical assistance program established under section 5111.01 of	28097
the Revised Code. No provider shall charge a medically handicapped	28098
child or the child's parent or guardian for services authorized by	28099
the department under division (B) or (D) of this section.	28100

The department, in accordance with rules adopted under	28101
division (A)(3) of section 3701.021 of the Revised Code, may	28102
disqualify any provider from further participation in the program	28103
for violating any requirement set forth in rules adopted under	28104
division (A)(2) of that section. The disqualification shall not	28105
take effect until a written notice, specifying the requirement	28106
violated and describing the nature of the violation, has been	28107
delivered to the provider and the department has afforded the	28108
provider an opportunity to appeal the disqualification under	28109
division (H) of this section.	28110

(D) The department of health shall evaluate applications from	28111
city and general health districts and approved physician providers	28112
for authorization to provide treatment services, service	28113
coordination, and related goods to children determined to be	28114
eligible for the program for medically handicapped children	28115
pursuant to division (A) of this section. The department shall	28116
authorize necessary treatment services, service coordination, and	28117
related goods for each eligible child in accordance with an	28118
individual plan of treatment for the child. As an alternative, the	28119
department may authorize payment of health insurance premiums on	28120
behalf of eligible children when the department determines, in	28121
accordance with criteria set forth in rules adopted under division	28122
(A)(9) of section 3701.021 of the Revised Code, that payment of	28123
the premiums is cost-effective.	28124

(E) The department of health shall pay, from appropriations	28125
to the department, any necessary expenses, including but not	28126
limited to, expenses for diagnosis, treatment, service	28127
coordination, supportive services, transportation, and accessories	28128
and their upkeep, provided to medically handicapped children,	28129
provided that the provision of the goods or services is authorized	28130
by the department under division (B) or (D) of this section. Money	28131
appropriated to the department of health may also be expended for	28132
reasonable administrative costs incurred by the program. The	28133
department of health also may purchase liability insurance	28134
covering the provision of services under the program for medically	28135
handicapped children by physicians and other health care	28136
professionals.	28137

Payments made to providers by the department of health	28138
pursuant to this division for inpatient hospital care, outpatient	28139
care, and all other medical assistance furnished to eligible	28140
recipients shall be made in accordance with rules adopted by the	28141
~~public~~director of health ~~council~~ pursuant to division (A) of	28142
section 3701.021 of the Revised Code.	28143

The departments of health and job and family services shall	28144
jointly implement procedures to ensure that duplicate payments are	28145
not made under the program for medically handicapped children and	28146
the medical assistance program established under section 5111.01	28147
of the Revised Code and to identify and recover duplicate	28148
payments.	28149

(F) At the time of applying for participation in the program	28150
for medically handicapped children, a medically handicapped child	28151
or the child's parent or guardian shall disclose the identity of	28152
any third party against whom the child or the child's parent or	28153
guardian has or may have a right of recovery for goods and	28154
services provided under division (B) or (D) of this section. The	28155
department of health shall require a medically handicapped child	28156
who receives services from the program or the child's parent or	28157
guardian to apply for all third-party benefits for which the child	28158
may be eligible and require the child, parent, or guardian to	28159
apply all third-party benefits received to the amount determined	28160
under division (E) of this section as the amount payable for goods	28161
and services authorized under division (B) or (D) of this section.	28162
The department is the payer of last resort and shall pay for	28163
authorized goods or services, up to the amount determined under	28164
division (E) of this section for the authorized goods or services,	28165
only to the extent that payment for the authorized goods or	28166
services is not made through third-party benefits. When a third	28167
party fails to act on an application or claim for benefits by a	28168
medically handicapped child or the child's parent or guardian, the	28169
department shall pay for the goods or services only after ninety	28170
days have elapsed since the date the child, parents, or guardians	28171
made an application or claim for all third-party benefits.	28172
Third-party benefits received shall be applied to the amount	28173
determined under division (E) of this section. Third-party	28174
payments for goods and services not authorized under division (B)	28175
or (D) of this section shall not be applied to payment amounts	28176
determined under division (E) of this section. Payment made by the	28177
department shall be considered payment in full of the amount	28178
determined under division (E) of this section. Medicaid payments	28179
for persons eligible for the medical assistance program	28180
established under section 5111.01 of the Revised Code shall be	28181
considered payment in full of the amount determined under division	28182
(E) of this section.	28183

(G) The department of health shall administer a program to	28184
provide services to Ohio residents who are twenty-one or more	28185
years of age who have cystic fibrosis and who meet the eligibility	28186
requirements established ~~by the~~in rules ofadopted by the ~~public~~	28187
director of health ~~council~~ pursuant to division (A)(7) of section	28188
3701.021 of the Revised Code, subject to all provisions of this	28189
section, but not subject to section 3701.024 of the Revised Code.	28190

(H) The department of health shall provide for appeals, in	28191
accordance with rules adopted under section 3701.021 of the	28192
Revised Code, of denials of applications for the program for	28193
medically handicapped children under division (A) or (D) of this	28194
section, disqualification of providers, or amounts paid under	28195
division (E) of this section. Appeals under this division are not	28196
subject to Chapter 119. of the Revised Code.	28197

The department may designate ombudspersons to assist	28198
medically handicapped children or their parents or guardians, upon	28199
the request of the children, parents, or guardians, in filing	28200
appeals under this division and to serve as children's, parents',	28201
or guardians' advocates in matters pertaining to the	28202
administration of the program for medically handicapped children	28203
and eligibility for program services. The ombudspersons shall	28204
receive no compensation but shall be reimbursed by the department,	28205
in accordance with rules of the office of budget and management,	28206
for their actual and necessary travel expenses incurred in the	28207
performance of their duties.	28208

(I) The department of health, and city and general health	28209
districts providing service coordination pursuant to division	28210
(A)(2) of section 3701.024 of the Revised Code, shall provide	28211
service coordination in accordance with the standards set forth in	28212
the rules adopted under section 3701.021 of the Revised Code,	28213
without charge, and without restriction as to economic status.	28214

(J)(1) The department of health may establish a manufacturer	28215
discount program under which a manufacturer of a drug or	28216
nutritional formula is permitted to enter into an agreement with	28217
the department to provide a discount on the price of the drug or	28218
nutritional formula distributed to medically handicapped children	28219
participating in the program for medically handicapped children.	28220
The program shall be administered in accordance with rules adopted	28221
under section 3701.021 of the Revised Code.	28222

(2) If a manufacturer enters into an agreement with the	28223
department as described in division (J)(1) of this section, the	28224
manufacturer and the department may negotiate the amount and terms	28225
of the discount.	28226

(3) In lieu of establishing a discount program as described	28227
in division (J)(1) of this section, the department and a	28228
manufacturer of a drug or nutritional formula may discuss a	28229
donation of drugs, nutritional formulas, or money by the	28230
manufacturer to the department.	28231

Sec. 3701.024. (A)(1) Under a procedure established in rules	28232
adopted under section 3701.021 of the Revised Code, the department	28233
of health shall determine the amount each county shall provide	28234
annually for the program for medically handicapped children, based	28235
on a proportion of the county's total general property tax	28236
duplicate, not to exceed one-tenth of a mill, and charge the	28237
county for any part of expenses incurred under the program for	28238
treatment services on behalf of medically handicapped children	28239
having legal settlement in the county that is not paid from	28240
federal funds or through the medical assistance program	28241
established under section 5111.01 of the Revised Code. The	28242
department shall not charge the county for expenses exceeding the	28243
difference between the amount determined under division (A)(1) of	28244
this section and any amounts retained under divisions (A)(2) and	28245
(3) of this section.	28246

All amounts collected by the department under division (A)(1)	28247
of this section shall be deposited into the state treasury to the	28248
credit of the medically handicapped children-county assessment	28249
fund, which is hereby created. The fund shall be used by the	28250
department to comply with sections 3701.021 to 3701.028 of the	28251
Revised Code.	28252

(2) The department, in accordance with rules adopted under	28253
section 3701.021 of the Revised Code, may allow each county to	28254
retain up to ten per cent of the amount determined under division	28255
(A)(1) of this section to provide funds to city or general health	28256
districts of the county with which the districts shall provide	28257
service coordination, public health nursing, or transportation	28258
services for medically handicapped children.	28259

(3) In addition to any amount retained under division (A)(2)	28260
of this section, the department, in accordance with rules adopted	28261
under section 3701.021 of the Revised Code, may allow counties	28262
that it determines have significant numbers of potentially	28263
eligible medically handicapped children to retain an amount equal	28264
to the difference between:	28265

(a) Twenty-five per cent of the amount determined under	28266
division (A)(1) of this section;	28267

(b) Any amount retained under division (A)(2) of this	28268
section.	28269

Counties shall use amounts retained under division (A)(3) of	28270
this section to provide funds to city or general health districts	28271
of the county with which the districts shall conduct outreach	28272
activities to increase participation in the program for medically	28273
handicapped children.	28274

(4) Prior to any increase in the millage charged to a county,	28275
the ~~public~~director of health ~~council~~ shall hold a public hearing	28276
on the proposed increase and shall give notice of the hearing to	28277
each board of county commissioners that would be affected by the	28278
increase at least thirty days prior to the date set for the	28279
hearing. Any county commissioner may appear and give testimony at	28280
the hearing. Any increase in the millage any county is required to	28281
provide for the program for medically handicapped children shall	28282
be determined, and notice of the amount of the increase shall be	28283
provided to each affected board of county commissioners, no later	28284
than the first day of June of the fiscal year next preceding the	28285
fiscal year in which the increase will take effect.	28286

(B) Each board of county commissioners shall establish a	28287
medically handicapped children's fund and shall appropriate	28288
thereto an amount, determined in accordance with division (A)(1)	28289
of this section, for the county's share in providing medical,	28290
surgical, and other aid to medically handicapped children residing	28291
in such county and for the purposes specified in divisions (A)(2)	28292
and (3) of this section. Each county shall use money retained	28293
under divisions (A)(2) and (3) of this section only for the	28294
purposes specified in those divisions.	28295

Sec. 3701.025. There is hereby created the medically	28296
handicapped children's medical advisory council consisting of	28297
twenty-one members to be appointed by the director of health for	28298
terms set in accordance with rules adopted by the ~~public health~~	28299
~~council~~director under division (A)(11) of section 3701.021 of the	28300
Revised Code. The medically handicapped children's medical	28301
advisory council shall advise the director regarding the	28302
administration of the program for medically handicapped children,	28303
the suitable quality of medical practice for providers, and the	28304
requirements for medical eligibility for the program.	28305

All members of the council shall be licensed physicians,	28306
surgeons, dentists, and other professionals in the field of	28307
medicine, representative of the various disciplines involved in	28308
the treatment of children with medically handicapping conditions,	28309
and representative of the treatment facilities involved, such as	28310
hospitals, private and public health clinics, and private	28311
physicians' offices, and shall be eligible for the program.	28312

Members of the council shall receive no compensation, but	28313
shall receive their actual and necessary travel expenses incurred	28314
in the performance of their official duties in accordance with the	28315
rules of the office of budget and management.	28316

Sec. 3701.03. (A) The director of health shall perform	28317
duties that are incident to the director's position as chief	28318
executive officer of the department of health. The director shall	28319
administer the laws relating to health and sanitation and the	28320
rules of the department of health. The director may designate	28321
employees of the department and, during a public health emergency,	28322
other persons to administer the laws and rules on the director's	28323
behalf.	28324

(B) Nothing in this section authorizes any action that	28325
prevents the fulfillment of duties or impairs the exercise of	28326
authority established by law for any other person or entity.	28327

~~(C) The director shall prepare sanitary and public health~~	28328
~~rules for consideration by the public health council and submit to~~	28329
~~the council recommendations for new legislation. The director~~	28330
~~shall sit at meetings of the council but shall have no vote.~~	28331

Sec. 3701.05. The director of health shall keep ~~the public~~	28332
~~health council,~~ health officials, and the general public fully	28333
informed in a printed annual report in regard to the work of the	28334
department of health and on the progress that is being made in	28335
studying the cause and prevention of disease and such kindred	28336
subjects as may contribute to the welfare of the people of the	28337
state.	28338

Sec. 3701.07. (A) The ~~public~~director of health ~~council~~	28339
shall adopt rules in accordance with Chapter 119. of the Revised	28340
Code defining and classifying hospitals and dispensaries and	28341
providing for the reporting of information by hospitals and	28342
dispensaries. Except as otherwise provided in the Revised Code,	28343
the rules providing for the reporting of information shall not	28344
require inclusion of any confidential patient data or any	28345
information concerning the financial condition, income, expenses,	28346
or net worth of the facilities other than that financial	28347
information already contained in those portions of the medicare or	28348
medicaid cost report that is necessary for the department of	28349
health to certify the per diem cost under section 3701.62 of the	28350
Revised Code. The rules may require the reporting of information	28351
in the following categories:	28352

(1) Information needed to identify and classify the	28353
institution;	28354

(2) Information on facilities and type and volume of services	28355
provided by the institution;	28356

(3) The number of beds listed by category of care provided;

28357

(4) The number of licensed or certified professional	28358
employees by classification;	28359

(5) The number of births that occurred at the institution the	28360
previous calendar year;	28361

(6) Any other information that the ~~council~~director considers	28362
relevant to the safety of patients served by the institution.	28363

Every hospital and dispensary, public or private, annually	28364
shall register with and report to the department of health.	28365
Reports shall be submitted in the manner prescribed in rules	28366
adopted under this division.	28367

(B) Every governmental entity or private nonprofit	28368
corporation or association whose employees or representatives are	28369
defined as residents' rights advocates under divisions (E)(1) and	28370
(2) of section 3721.10 of the Revised Code shall register with the	28371
department of health on forms furnished by the director of health	28372
and shall provide such reasonable identifying information as the	28373
director may prescribe.	28374

The department shall compile a list of the governmental	28375
entities, corporations, or associations registering under this	28376
division and shall update the list annually. Copies of the list	28377
shall be made available to nursing home administrators as defined	28378
in division (C) of section 3721.10 of the Revised Code ~~and to~~	28379
~~adult care facility managers as defined in section 5119.70 of the~~	28380
~~Revised Code~~.	28381

Sec. 3701.072. (A) As used in this chapter:

28382

(1) "Bioterrorism" has the same meaning as in section	28383
3701.232 of the Revised Code.	28384

(2) "Surveillance" in the public health service means the	28385
systematic collection, analysis, interpretation, and dissemination	28386
of health data on an ongoing basis, to gain knowledge of the	28387
pattern of disease occurrence and potential in a community in	28388
order to control and prevent disease in the community.	28389

(3) "Trauma center" has the same meaning as in section	28390
4765.01 of the Revised Code.	28391

(B) The ~~public~~director of health ~~council~~ shall adopt rules	28392
in accordance with Chapter 119. of the Revised Code that require a	28393
trauma center to report information to the director of health	28394
describing the trauma center's preparedness and capacity to	28395
respond to disasters, mass casualties, and bioterrorism. The	28396
~~council's~~director's rules may require the reporting of any	28397
information the ~~council~~director considers necessary for an	28398
accurate description of a trauma center's preparedness and	28399
capacity to respond to disasters, mass casualties, and	28400
bioterrorism. Information reported pursuant to this division is	28401
not a public record under section 149.43 of the Revised Code.	28402

(C) Upon request, the department of health shall provide a	28403
summary report of the ~~public health council's~~ rules adopted	28404
pursuant to this section.	28405

(D) The director shall review all information received	28406
pursuant to this section. After reviewing the information, the	28407
director may conduct an evaluation of a trauma center's	28408
preparedness and capacity to respond to disasters, mass	28409
casualties, and bioterrorism. An evaluation conducted pursuant to	28410
this division is not a public record under section 149.43 of the	28411
Revised Code.	28412

Sec. 3701.11. The director of health ~~and the secretary of~~	28413
~~the public health council~~ shall have power to administer oaths in	28414
all parts of the state so far as the exercise of such power is	28415
incidental to the performance of the duties of the director ~~or of~~	28416
~~the council~~.	28417

Sec. 3701.132. The department of health is hereby designated	28418
as the state agency to administer the "special supplemental	28419
nutrition program for women, infants, and children" established	28420
under the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.	28421
1786, as amended. The ~~public~~director of health ~~council~~ may adopt	28422
rules pursuant to Chapter 119. of the Revised Code as necessary	28423
for administering the program. The rules may include civil money	28424
penalties for violations of the rules.	28425

In determining eligibility for services provided under the	28426
program, the department may use the application form established	28427
under section 5111.013 of the Revised Code for the healthy start	28428
program. The department may require applicants to furnish their	28429
social security numbers.	28430

If the department determines that a vendor has committed an	28431
act with respect to the program that federal statutes or	28432
regulations or state statutes or rules prohibit, the department	28433
shall take action against the vendor in the manner required by 7	28434
C.F.R. part 246, including imposition of a civil money penalty in	28435
accordance with 7 C.F.R. 246.12, or rules adopted under this	28436
section.	28437

Sec. 3701.146. (A) In taking actions regarding tuberculosis,	28438
the director of health has all of the following duties and powers:	28439

(1) The director shall maintain registries of hospitals,	28440
clinics, physicians, or other care providers to whom the director	28441
shall refer persons who make inquiries to the department of health	28442
regarding possible exposure to tuberculosis.	28443

(2) The director shall engage in tuberculosis surveillance	28444
activities, including the collection and analysis of	28445
epidemiological information relative to the frequency of	28446
tuberculosis infection, demographic and geographic distribution of	28447
tuberculosis cases, and trends pertaining to tuberculosis.	28448

(3) The director shall maintain a tuberculosis registry to	28449
record the incidence of tuberculosis in this state.	28450

(4) The director may appoint physicians to serve as	28451
tuberculosis consultants for geographic regions of the state	28452
specified by the director. Each tuberculosis consultant shall act	28453
in accordance with rules the director establishes and shall be	28454
responsible for advising and assisting physicians and other health	28455
care practitioners who participate in tuberculosis control	28456
activities and for reviewing medical records pertaining to the	28457
treatment provided to individuals with tuberculosis.	28458

(B)(1) The ~~public health council~~director shall adopt rules	28459
establishing standards for the following:	28460

(a) Performing tuberculosis screenings;

28461

(b) Performing examinations of individuals who have been	28462
exposed to tuberculosis and individuals who are suspected of	28463
having tuberculosis;	28464

28465

(d) Preventing individuals with communicable tuberculosis	28466
from infecting other individuals;	28467

(e) Performing laboratory tests for tuberculosis and studies	28468
of the resistance of tuberculosis to one or more drugs;	28469

(f) Selecting laboratories that provide in a timely fashion	28470
the results of a laboratory test for tuberculosis. The standards	28471
shall include a requirement that first consideration be given to	28472
laboratories located in this state.	28473

(2) Rules adopted pursuant to this section shall be adopted	28474
in accordance with Chapter 119. of the Revised Code and may be	28475
consistent with any recommendations or guidelines on tuberculosis	28476
issued by the United States centers for disease control and	28477
prevention or by the American thoracic society. The rules shall	28478
apply to county or district tuberculosis control units, physicians	28479
who examine and treat individuals for tuberculosis, and	28480
laboratories that perform tests for tuberculosis.	28481

Sec. 3701.161. The director of health shall make necessary	28482
arrangements for the production and distribution of diphtheria	28483
antitoxin. Such antitoxin shall in all respects be equal in purity	28484
and potency to the standard of requirements of the United States	28485
public health service for antitoxin for interstate commerce.	28486
Diphtheria antitoxin shall be distributed in accordance with rules	28487
the ~~public health council~~director adopts pursuant to Chapter 119.	28488
of the Revised Code.	28489

Sec. 3701.20. (A) In accordance with rules adopted ~~by the~~	28490
~~public health council,~~ under division (C) of this section, the	28491
director of health shall establish, promote, and maintain the Ohio	28492
poison control network; designate regions within the network; and	28493
designate poison prevention and treatment centers within each	28494
region. The purposes of the network are to:	28495

(1) Reduce the mortality resulting from and the expenditures	28496
incurred because of accidental, homicidal, suicidal, occupational,	28497
or environmental poisoning;	28498

(2) Educate the public and health care professionals	28499
concerning the prevention and treatment of exposure to poison;	28500

(3) Organize poison prevention and treatment activities on a	28501
regional basis to avoid duplication and waste.	28502

(B) To be eligible for designation as a poison prevention and	28503
treatment center and to retain the designation, a center must	28504
maintain compliance with the standards established by the ~~public~~	28505
~~health council~~director pursuant to division (C) of this section.	28506
A poison prevention and treatment center may be operated by an	28507
individual, hospital, institution of higher education, political	28508
subdivision, association, corporation, or public or private	28509
agency.	28510

(C) In accordance with Chapter 119. of the Revised Code, the	28511
~~public health council~~director shall adopt rules that do the	28512
following:	28513

(1) Establish guidelines, based on population density and	28514
other relevant factors, and procedures to be followed ~~by the~~	28515
~~director of health~~ in designating poison control network regions	28516
and centers;	28517

(2) Establish standards for the operation of poison	28518
prevention and treatment centers;	28519

(3) Establish standards and procedures to be followed ~~by the~~	28520
~~director of health~~ in making grants to poison prevention and	28521
treatment centers;	28522

(4) Establish procedures, other than those prescribed by	28523
Chapter 119. of the Revised Code, for reconsideration, at the	28524
request of the entity affected, of the denial or revocation of a	28525
designation as a poison prevention and treatment center.	28526

(D) In accordance with rules adopted ~~by the public health~~	28527
~~council~~under division (C) of this section, the director of health	28528
shall make grants to poison prevention and treatment centers. A	28529
center is not eligible for a grant unless, prior to receiving the	28530
grant, the entity that operates the center agrees in writing that	28531
the level of the total funds, labor, and services devoted by the	28532
entity to the center during the period of the grant will	28533
approximate, as determined by the director of health, the level of	28534
the total funds, labor, and services devoted to the center by that	28535
entity in the fiscal year preceding the fiscal year in which the	28536
grant begins.	28537

(E) Each poison prevention and treatment center shall do all	28538
of the following:	28539

(1) Maintain and staff a twenty-four-hour per day, toll-free,	28540
telephone line to respond to inquiries and provide information	28541
about poison prevention and treatment and available services;	28542

(2) Provide specialized treatment, consultation, information,	28543
and educational programs to health care professionals and the	28544
public;	28545

(3) Compile information on the types and frequency of	28546
treatment it provides.	28547

A center may provide the services described in divisions	28548
(E)(1) and (2) of this section either directly or through contract	28549
with other facilities, as the director of health considers	28550
appropriate. Each center shall take measures to ensure the	28551
confidentiality of information about individuals to whom treatment	28552
or services are provided.	28553

(F) The director of health may revoke the designation of a	28554
poison treatment and control center, or deny an application for	28555
designation, if the center or applicant fails to meet or maintain	28556
the standards established ~~by rule of the public health council~~in	28557
rules adopted under division (C) of this section. The entity	28558
seeking the designation may have the revocation or denial	28559
reconsidered in accordance with rules adopted ~~by the public health~~	28560
~~council~~under division (C) of this section.	28561

(G)(1) A poison prevention and treatment center, its	28562
officers, employees, volunteers, or other persons associated with	28563
the center, and a person, organization, or institution that	28564
advises or assists a poison prevention and treatment center are	28565
not liable in damages in a tort action for harm that allegedly	28566
arises from advice or assistance rendered to any person unless the	28567
advice or assistance is given in a manner that constitutes willful	28568
or wanton misconduct or intentionally tortious conduct.	28569

(2) This section does not create, and shall not be construed	28570
as creating, a new cause of action or substantive legal right	28571
against a poison prevention and treatment center, its officers,	28572
employees, volunteers, or other persons associated with the	28573
center, or a person, organization, or institution that advises or	28574
assists a poison prevention and treatment center.	28575

(3) This section does not affect, and shall not be construed	28576
as affecting, any immunities from civil liability or defenses	28577
conferred by any other section of the Revised Code or available at	28578
common law, to which a poison prevention and treatment center, its	28579
officers, employees, volunteers, or other persons associated with	28580
the center or a person, organization, or institution that advises	28581
or assists a poison prevention and treatment center may be	28582
entitled under circumstances not specified by this section.	28583

(H) The director shall annually report to the general	28584
assembly findings and recommendations concerning the	28585
effectiveness, impact, and benefits of the poison prevention and	28586
treatment centers.	28587

Sec. 3701.201. (A) As used in this section, "bioterrorism"	28588
has the same meaning as in section 3701.232 of the Revised Code.	28589

(B) The ~~public~~director of health ~~council~~ shall adopt rules	28590
in accordance with Chapter 119. of the Revised Code under which a	28591
poison prevention and treatment center or other health-related	28592
entity is required to report events that may be caused by	28593
bioterrorism, epidemic or pandemic disease, or established or	28594
novel infectious agents or biological or chemical toxins posing a	28595
risk of human fatality or disability. Rules adopted under this	28596
section may require a report of any of the following:	28597

(1) An unexpected pattern or increase in the number of	28598
telephone inquiries or requests to provide information about	28599
poison prevention and treatment and available services;	28600

(2) An unexpected pattern or increase in the number of	28601
requests to provide specialized treatment, consultation,	28602
information, and educational programs to health care professionals	28603
and the public;	28604

(3) An unexpected pattern or increase in the number of	28605
requests for information on established or novel infectious agents	28606
or biological or chemical toxins posing a risk of human fatality	28607
or disability that is relatively uncommon and may have been caused	28608
by bioterrorism.	28609

(C) Each poison prevention and treatment center and other	28610
health-related entity shall comply with any reporting requirement	28611
established in rules adopted under division (B) of this section.	28612

(D) Information reported under this section that is protected	28613
health information pursuant to section 3701.17 of the Revised Code	28614
shall be released only in accordance with that section.	28615
Information that does not identify an individual may be released	28616
in summary, statistical, or aggregate form.	28617

Sec. 3701.21. (A) As used in this section:

28618

(1) "Amblyopia" means reduced vision in an eye that has not	28619
received adequate use during early childhood.	28620

(2) "501(c) organization" means an organization exempt from	28621
federal income taxation pursuant to 26 U.S.C.A. 501(a) and (c).	28622

(B) There is hereby created in the state treasury the save	28623
our sight fund. The fund shall consist of voluntary contributions	28624
deposited as provided in section 4503.104 of the Revised Code. All	28625
investment earnings from the fund shall be credited to the fund.	28626

(C) The director of health shall use the money in the save	28627
our sight fund as follows:	28628

(1) To provide support to 501(c) organizations that offer	28629
vision services in all counties of the state and have demonstrated	28630
experience in the delivery of vision services to do one or more of	28631
the following:	28632

(a) Implement a voluntary children's vision screening	28633
training and certification program for volunteers, child care	28634
providers, nurses, teachers, health care professionals practicing	28635
in primary care settings, and others serving children;	28636

(b) Provide materials for the program implemented under	28637
division (C)(1)(a) of this section;	28638

(c) Develop and implement a registry and targeted voluntary	28639
case management system to determine whether children with	28640
amblyopia are receiving professional eye care and to provide their	28641
parents with information and support regarding their child's	28642
vision care;	28643

(d) Establish a matching grant program for the purchase and	28644
distribution of protective eyewear to children;	28645

(e) Provide vision health and safety programs and materials	28646
for classrooms.	28647

(2) For the purpose of section 4503.104 of the Revised Code,	28648
to develop and distribute informational materials on the	28649
importance of eye care and safety to the registrar of motor	28650
vehicles and each deputy registrar;	28651

(3) To pay costs incurred by the director in administering	28652
the fund;	28653

(4) To reimburse the bureau of motor vehicles for the	28654
administrative costs incurred in performing its duties under	28655
section 4503.104 of the Revised Code.	28656

(D) A 501(c) organization seeking funding from the save our	28657
sight fund for any of the projects specified in division (C) of	28658
this section shall submit a request for the funding to the	28659
director in accordance with rules adopted under division (E) of	28660
this section. The director shall determine the appropriateness of	28661
and approve or disapprove projects for funding and approve or	28662
disapprove the disbursement of money from the save our sight fund.	28663

(E) The ~~public health council~~director shall adopt rules in	28664
accordance with Chapter 119. of the Revised Code to implement this	28665
section. The rules shall include the parameters of the projects	28666
specified in division (C)(1) of this section that may be funded	28667
with money in the save our sight fund and procedures for 501(c)	28668
organizations to request funding from the fund.	28669

Sec. 3701.221. (A) The director of health shall have charge	28670
of the public health laboratory authorized by section 3701.22 of	28671
the Revised Code. The director may employ an assistant for the	28672
laboratory who shall be a person skilled in chemistry and	28673
bacteriology, and receive compensation as the director determines.	28674
All expenses of the laboratory shall be paid from appropriations	28675
made for the department of health.	28676

(B) The ~~public health council~~director, in accordance with	28677
Chapter 119. of the Revised Code, shall adopt, and may amend or	28678
rescind, rules establishing reasonable fees for services the	28679
laboratory performs. The ~~council~~director need not prescribe fees	28680
where the ~~council~~director believes that charging fees would	28681
significantly and adversely affect the public health. All fees	28682
collected for services the laboratory performs shall be deposited	28683
into the state treasury to the credit of the "laboratory handling	28684
fee fund," which is hereby created for the purpose of defraying	28685
expenses of operating the laboratory.	28686

Sec. 3701.23. (A) As used in this section, "health care	28687
provider" means any person or government entity that provides	28688
health care services to individuals. "Health care provider"	28689
includes, but is not limited to, hospitals, medical clinics and	28690
offices, special care facilities, medical laboratories,	28691
physicians, pharmacists, dentists, physician assistants,	28692
registered and licensed practical nurses, laboratory technicians,	28693
emergency medical service organization personnel, and ambulance	28694
service organization personnel.	28695

(B) Boards of health, health authorities or officials, health	28696
care providers in localities in which there are no health	28697
authorities or officials, and coroners or medical examiners shall	28698
report promptly to the department of health the existence of any	28699
of the following:	28700

(1) Asiatic cholera;

28701

(2) Yellow fever;

28702

(3) Diphtheria;

28703

(4) Typhus or typhoid fever;

28704

(5) As specified by the ~~public~~director of health ~~council~~,	28705
other contagious or infectious diseases, illnesses, health	28706
conditions, or unusual infectious agents or biological toxins	28707
posing a risk of human fatality or disability.	28708

(C) No person shall fail to comply with the reporting	28709
requirements established under division (B) of this section.	28710

(D) The reports required by this section shall be submitted	28711
on forms, as required by statute or rule, and in the manner the	28712
director of health prescribes.	28713

(E) Information reported under this section that is protected	28714
health information pursuant to section 3701.17 of the Revised Code	28715
shall be released only in accordance with that section.	28716
Information that does not identify an individual may be released	28717
in summary, statistical, or aggregate form.	28718

Sec. 3701.232. (A) As used in this section:

28719

(1) "Bioterrorism" means the intentional use of any	28720
microorganism, virus, infectious substance, or biological product	28721
that may be engineered as a result of biotechnology, or any	28722
naturally occurring or bioengineered component of a microorganism,	28723
virus, infectious substance, or biological product, to cause	28724
death, disease, or other biological malfunction in a human,	28725
animal, plant, or other living organism as a means of influencing	28726
the conduct of government or intimidating or coercing a	28727
population.	28728

(2) "Pharmacist" means an individual licensed under Chapter	28729
4729. of the Revised Code to engage in the practice of pharmacy as	28730
a pharmacist.	28731

(3) "Pharmacy" and "prescription" have the same meanings as	28732
in section 4729.01 of the Revised Code.	28733

(B) The ~~public~~director of health ~~council~~ shall adopt rules	28734
in accordance with Chapter 119. of the Revised Code under which a	28735
pharmacy or pharmacist is required to report significant changes	28736
in medication usage that may be caused by bioterrorism, epidemic	28737
or pandemic disease, or established or novel infectious agents or	28738
biological toxins posing a risk of human fatality or disability.	28739
Rules adopted under this section may require a report of any of	28740
the following:	28741

(1) An unexpected increase in the number of prescriptions for	28742
antibiotics;	28743

(2) An unexpected increase in the number of prescriptions for	28744
medication to treat fever or respiratory or gastrointestinal	28745
complaints;	28746

(3) An unexpected increase in sales of, or the number of	28747
requests for information on, over-the-counter medication to treat	28748
fever or respiratory or gastrointestinal complaints;	28749

(4) Any prescription for medication used to treat a disease	28750
that is relatively uncommon and may have been caused by	28751
bioterrorism.	28752

(C) No person shall fail to comply with any reporting	28753
requirement established in rules adopted under division (B) of	28754
this section.	28755

(D) Information reported under this section that is protected	28756
health information pursuant to section 3701.17 of the Revised Code	28757
shall be released only in accordance with that section.	28758
Information that does not identify an individual may be released	28759
in summary, statistical, or aggregate form.	28760

Sec. 3701.24. (A) As used in this section and sections	28761
3701.241 to 3701.249 of the Revised Code:	28762

(1) "AIDS" means the illness designated as acquired	28763
immunodeficiency syndrome.	28764

(2) "HIV" means the human immunodeficiency virus identified	28765
as the causative agent of AIDS.	28766

(3) "AIDS-related condition" means symptoms of illness	28767
related to HIV infection, including AIDS-related complex, that are	28768
confirmed by a positive HIV test.	28769

(4) "HIV test" means any test for the antibody or antigen to	28770
HIV that has been approved by the director of health under	28771
division (B) of section 3701.241 of the Revised Code.	28772

(5) "Health care facility" has the same meaning as in section	28773
1751.01 of the Revised Code.	28774

(6) "Director" means the director of health or any employee	28775
of the department of health acting on the director's behalf.	28776

(7) "Physician" means a person who holds a current, valid	28777
certificate issued under Chapter 4731. of the Revised Code	28778
authorizing the practice of medicine or surgery and osteopathic	28779
medicine and surgery.	28780

(8) "Nurse" means a registered nurse or licensed practical	28781
nurse who holds a license or certificate issued under Chapter	28782
4723. of the Revised Code.	28783

(9) "Anonymous test" means an HIV test administered so that	28784
the individual to be tested can give informed consent to the test	28785
and receive the results by means of a code system that does not	28786
link the identity of the individual tested to the request for the	28787
test or the test results.	28788

(10) "Confidential test" means an HIV test administered so	28789
that the identity of the individual tested is linked to the test	28790
but is held in confidence to the extent provided by sections	28791
3701.24 to 3701.248 of the Revised Code.	28792

(11) "Health care provider" means an individual who provides	28793
diagnostic, evaluative, or treatment services. Pursuant to Chapter	28794
119. of the Revised Code, the ~~public health council~~director may	28795
adopt rules further defining the scope of the term "health care	28796
provider."	28797

(12) "Significant exposure to body fluids" means a	28798
percutaneous or mucous membrane exposure of an individual to the	28799
blood, semen, vaginal secretions, or spinal, synovial, pleural,	28800
peritoneal, pericardial, or amniotic fluid of another individual.	28801

(13) "Emergency medical services worker" means all of the	28802
following:	28803

(a) A peace officer;

28804

(b) An employee of an emergency medical service organization	28805
as defined in section 4765.01 of the Revised Code;	28806

28807

(d) A volunteer firefighter, emergency operator, or rescue	28808
operator;	28809

(e) An employee of a private organization that renders rescue	28810
services, emergency medical services, or emergency medical	28811
transportation to accident victims and persons suffering serious	28812
illness or injury.	28813

(14) "Peace officer" has the same meaning as in division (A)	28814
of section 109.71 of the Revised Code, except that it also	28815
includes a sheriff and the superintendent and troopers of the	28816
state highway patrol.	28817

(B) Persons designated by rule adopted by the ~~public health~~	28818
~~council~~director under section 3701.241 of the Revised Code shall	28819
report promptly every case of AIDS, every AIDS-related condition,	28820
and every confirmed positive HIV test to the department of health	28821
on forms and in a manner prescribed by the director. In each	28822
county the director shall designate the health commissioner of a	28823
health district in the county to receive the reports.	28824

(C) No person shall fail to comply with the reporting	28825
requirements established under division (B) of this section.	28826

(D) Information reported under this section that identifies	28827
an individual is confidential and may be released only with the	28828
written consent of the individual except as the director	28829
determines necessary to ensure the accuracy of the information, as	28830
necessary to provide treatment to the individual, as ordered by a	28831
court pursuant to section 3701.243 or 3701.247 of the Revised	28832
Code, or pursuant to a search warrant or a subpoena issued by or	28833
at the request of a grand jury, prosecuting attorney, city	28834
director of law or similar chief legal officer of a municipal	28835
corporation, or village solicitor, in connection with a criminal	28836
investigation or prosecution. Information that does not identify	28837
an individual may be released in summary, statistical, or	28838
aggregate form.	28839

Sec. 3701.241. (A) The director of health shall develop and	28840
administer the following:	28841

(1) A surveillance system to determine the number of cases of	28842
AIDS and the HIV infection rate in various population groups;	28843

(2) Counseling and testing programs for groups determined by	28844
the director to be at risk of HIV infection, including procedures	28845
for both confidential and anonymous tests, counseling training	28846
programs for health care providers, and development of counseling	28847
guidelines;	28848

(3) A confidential partner notification system to alert and	28849
counsel sexual contacts of individuals with HIV infection;	28850

(4) Risk reduction and education programs for groups	28851
determined by the director to be at risk of HIV infection, and, in	28852
consultation with a wide range of community leaders, education	28853
programs for the public;	28854

(5) Pilot programs for the long-term care of individuals with	28855
AIDS or AIDS-related condition, including care in nursing homes	28856
and in alternative settings;	28857

(6) Programs to expand regional outpatient treatment of	28858
individuals with AIDS or AIDS-related condition;	28859

(7) A program to assist communities, including communities of	28860
less than one hundred thousand population, in establishing AIDS	28861
task forces and support groups for individuals with AIDS,	28862
AIDS-related condition, and HIV infection. The program may include	28863
the award of grants if they are matched by local funds.	28864

Information obtained or maintained under the partner	28865
notification system is not a public record under section 149.43 of	28866
the Revised Code and may be released only in accordance with	28867
division (C) of section 3701.243 of the Revised Code.	28868

(B) The director shall:

28869

(1) Approve a test or tests to be used to determine whether	28870
an individual has HIV infection, define a confirmed positive test	28871
result, and develop guidelines for interpreting test results;	28872

(2) Establish sites for confidential and anonymous HIV tests,	28873
and prepare a list of sites where an individual may obtain an	28874
anonymous test;	28875

(3) Prepare a list of counseling services;

28876

(4) Make available a copy of the list of anonymous testing	28877
sites or a copy of the list of counseling services to anyone who	28878
requests it.	28879

(C) The director of health shall require the director or	28880
administrator of each site where anonymous or confidential HIV	28881
tests are given to submit a report every three months evaluating	28882
from an epidemiologic perspective the effectiveness of the HIV	28883
testing program at that site. Not later than January 31, 1991, and	28884
each year thereafter, the director of health shall make a report	28885
evaluating the anonymous and confidential testing programs	28886
throughout the state with regard to their effectiveness as	28887
epidemiologic programs. The report shall be submitted to the	28888
speaker of the house of representatives and the president of the	28889
senate and shall be made available to the public.	28890

The ~~public~~director of health ~~council~~ shall adopt rules	28891
pursuant to Chapter 119. of the Revised Code for the	28892
implementation of the requirements of division (B)(1) of this	28893
section and division (D) of section 3701.24 of the Revised Code.	28894

(D) The director of health shall administer funds received	28895
under Title XXVI of the "Public Health Services Act," 104 Stat.	28896
576 (1990), 42 U.S.C.A. 2601, as amended, for programs to improve	28897
the quality and availability of care for individuals with AIDS,	28898
AIDS-related condition, and HIV infection. In administering these	28899
funds, the director may enter into contracts with any person or	28900
entity for the purpose of administering the programs, including	28901
contracts with the department of job and family services for	28902
establishment of a program of reimbursement of drugs used for	28903
treatment and care of such individuals. The director of health may	28904
adopt rules in accordance with Chapter 119. of the Revised Code	28905
and issue orders as necessary for administration of the funds. If	28906
the department of job and family services enters into a contract	28907
under this division, the director of job and family services may	28908
adopt rules in accordance with Chapter 119. of the Revised Code as	28909
necessary for carrying out the department's duties under the	28910
contract.	28911

Sec. 3701.242. (A) An HIV test may be performed by or on the	28912
order of a health care provider who, in the exercise of the	28913
provider's professional judgment, determines the test to be	28914
necessary for providing diagnosis and treatment to the individual	28915
to be tested, if the individual or the individual's parent or	28916
guardian has given consent to the provider for medical or other	28917
health care treatment. The health care provider shall inform the	28918
individual of the individual's right under division (D) of this	28919
section to an anonymous test.	28920

(B) A minor may consent to be given an HIV test. The consent	28921
is not subject to disaffirmance because of minority. The parents	28922
or guardian of a minor giving consent under this division are not	28923
liable for payment and shall not be charged for an HIV test given	28924
to the minor without the consent of a parent or the guardian.	28925

(C) The health care provider ordering an HIV test shall	28926
provide post-test counseling for an individual who receives an	28927
HIV-positive test result. The ~~public~~director of health ~~council~~	28928
may adopt rules~~, pursuant to recommendations from the director of~~	28929
~~health and~~ in accordance with Chapter 119. of the Revised Code,	28930
specifying the information to be provided in post-test counseling.	28931

(D) An individual shall have the right to an anonymous test.	28932
A health care facility or health care provider that does not	28933
provide anonymous testing shall refer an individual requesting an	28934
anonymous test to a site where it is available.	28935

(E) Divisions (B) to (D) of this section do not apply to the	28936
performance of an HIV test in any of the following circumstances:	28937

(1) When the test is performed in a medical emergency by a	28938
nurse or physician and the test results are medically necessary to	28939
avoid or minimize an immediate danger to the health or safety of	28940
the individual to be tested or another individual, except that	28941
post-test counseling shall be given to the individual if the	28942
individual receives an HIV-positive test result;	28943

(2) When the test is performed for the purpose of research if	28944
the researcher does not know and cannot determine the identity of	28945
the individual tested;	28946

(3) When the test is performed by a person who procures,	28947
processes, distributes, or uses a human body part from a deceased	28948
person donated for a purpose specified in Chapter 2108. of the	28949
Revised Code, if the test is medically necessary to ensure that	28950
the body part is acceptable for its intended purpose;	28951

(4) When the test is performed on a person incarcerated in a	28952
correctional institution under the control of the department of	28953
rehabilitation and correction if the head of the institution has	28954
determined, based on good cause, that a test is necessary;	28955

(5) When the test is performed in accordance with section	28956
2907.27 of the Revised Code;	28957

(6) When the test is performed on an individual after the	28958
infection control committee of a health care facility, or other	28959
body of a health care facility performing a similar function	28960
determines that a health care provider, emergency medical services	28961
worker, or peace officer, while rendering health or emergency care	28962
to an individual, has sustained a significant exposure to the body	28963
fluids of that individual, and the individual has refused to give	28964
consent for testing.	28965

Sec. 3701.248. (A) As used in this section:

28966

(1) "Contagious or infectious disease" means a disease	28967
specified ~~by rule~~in rules adopted by the ~~public~~director of	28968
health ~~council~~ pursuant to division (F) of this section.	28969

(2) "Patient" means either of the following:

28970

(a) A person, whether alive or dead, who has been treated, or	28971
handled, or transported for medical care by an emergency medical	28972
services worker;	28973

(b) A deceased person whose body is handled by a funeral	28974
services worker.	28975

(3) "Significant exposure" means:

28976

(a) A percutaneous or mucous membrane exposure of an	28977
individual to the blood, semen, vaginal secretions, or spinal,	28978
synovial, pleural, peritoneal, pericardial, or amniotic fluid of	28979
another person;	28980

(b) Exposure to a contagious or infectious disease.

28981

(4) "Funeral services worker" means a person licensed as a	28982
funeral director or embalmer under Chapter 4717. of the Revised	28983
Code or an individual responsible for the direct final disposition	28984
of a deceased person.	28985

(B)(1) An emergency medical services worker or funeral	28986
services worker who believes that significant exposure has	28987
occurred through the worker's contact with a patient may submit to	28988
the health care facility or coroner that received the patient a	28989
written request to be notified of the results of any test	28990
performed on the patient to determine the presence of a contagious	28991
or infectious disease. The request shall include:	28992

(a) The name, address, and telephone number of the individual	28993
submitting the request;	28994

(b) The name of the individual's employer, or, in the case of	28995
a volunteer emergency medical services worker, the entity for	28996
which the worker volunteers, and the individual's supervisor;	28997

28998

(2) The request for notification that is submitted by an	28999
emergency medical services worker pursuant to division (B)(1) of	29000
this section is valid for ten days after it is made. If at the end	29001
of that ten-day period no test has been performed to determine the	29002
presence of a contagious or infectious disease, no diagnosis has	29003
been made, or the result of the test is negative, the health care	29004
facility or coroner shall notify the emergency medical services	29005
worker. The notification shall not include the name of the	29006
patient. If necessary, the request may be renewed in accordance	29007
with the same procedures and requirements as the original request.	29008

(3) A health care facility or coroner shall respond	29009
immediately to a request for notification submitted pursuant to	29010
division (B)(1) of this section by a funeral services worker. If	29011
no test has been performed to determine the presence of a	29012
contagious or infectious disease, no diagnosis has been made, or	29013
the result of a test that was performed is negative, the health	29014
care facility or coroner shall immediately notify the funeral	29015
services worker. The notification shall not include the name of	29016
the patient.	29017

On receipt of notification that no test has been performed to	29018
determine the presence of a contagious or infectious disease in a	29019
patient, the funeral services worker may have a test performed on	29020
the patient. The test shall be performed in accordance with rules	29021
adopted by the department of health pursuant to division (G) of	29022
this section.	29023

The consent of the patient's family is not required for	29024
performance of a test pursuant to division (B)(3) of this section.	29025

(C) The health care facility or coroner that receives a	29026
written request for notification shall give an oral notification	29027
of the presence of a contagious or infectious disease, or of a	29028
confirmed positive test result, if known, to the person who made	29029
the request and the person's supervisor and to the infection	29030
control committee or other body described in division (E)(6) of	29031
section 3701.242 of the Revised Code within two days after	29032
determining the presence of a contagious or infectious disease or	29033
after a confirmed positive test result. A written notification	29034
shall follow oral notification within three days. If a contagious	29035
or infectious disease is present, or the test results are	29036
confirmed positive, both the oral and written notification shall	29037
include the name of the disease, its signs and symptoms, the date	29038
of exposure, the incubation period, the mode of transmission of	29039
the disease, the medical precautions necessary to prevent	29040
transmission to other persons, and the appropriate prophylaxis,	29041
treatment, and counseling for the disease. The notification shall	29042
not include the name of the patient.	29043

If the request is made by an emergency medical services	29044
worker and the information is not available from the health care	29045
facility to which the request is made because the patient has been	29046
transferred from that health care facility, the facility shall	29047
assist the emergency medical services worker in locating the	29048
patient and securing the requested information from the health	29049
care facility that treated or is treating the patient. If the	29050
patient has died, the health care facility shall give the	29051
emergency medical services worker the name and address of the	29052
coroner who received the patient.	29053

(D) Each health care facility and coroner shall develop	29054
written procedures to implement the notification procedures	29055
required by this section. A health care facility or coroner may	29056
take measures in addition to those required in this section to	29057
notify emergency medical services workers and funeral services	29058
workers of possible exposure to a contagious or infectious disease	29059
as long as the confidentiality of the information is maintained.	29060

(E) No person shall knowingly fail to comply with division	29061
(C) of this section.	29062

(F) The ~~public~~director of health ~~council~~ shall adopt rules	29063
in accordance with Chapter 119. of the Revised Code that specify	29064
the diseases that are reasonably likely to be transmitted by air	29065
or blood during the normal course of duties performed by an	29066
emergency medical services worker or funeral services worker. In	29067
adopting such rules, the ~~council~~director shall consider the types	29068
of contact that typically occur between patients and emergency	29069
medical services workers and funeral services workers.	29070

(G) The department of health shall adopt rules in accordance	29071
with Chapter 119. of the Revised Code specifying the procedures a	29072
funeral services worker must follow when having a test performed	29073
on a patient pursuant to division (B)(3) of this section. The	29074
rules shall specify how and by whom the test is to be performed.	29075
The rules shall require the funeral services worker or the funeral	29076
services worker's employer to pay the cost of the test. No health	29077
care facility shall be required to perform the test.	29078

Sec. 3701.33. (A) There is hereby created the Ohio public	29079
health advisory board. The board shall consist of the following	29080
members:	29081

(1) The following members appointed by the director of health	29082
from among individuals who are not employed by the state and are	29083
recommended by statewide trade or professional organizations that	29084
represent interests in public health:	29085

(a) One individual authorized under Chapter 4731. of the	29086
Revised Code to practice medicine and surgery or osteopathic	29087
medicine and surgery;	29088

(b) One individual authorized under Chapter 4723. of the	29089
Revised Code to practice nursing as a registered nurse;	29090

(c) Three members of the public, two of whom are	29091
representatives of entities licensed by the department of health	29092
or boards of health.	29093

(2) One representative of the association of Ohio health	29094
commissioners, appointed by the association;	29095

(3) One representative of the Ohio public health association,	29096
appointed by the association;	29097

(4) One representative of the Ohio environmental health	29098
association, appointed by the association, who is registered as a	29099
sanitarian under Chapter 4736. of the Revised Code;	29100

(5) One representative of the Ohio association of boards of	29101
health, appointed by the association;	29102

(6) One representative of the Ohio society for public health	29103
education, appointed by the society;	29104

(7) One representative of the Ohio hospital association,	29105
appointed by the association.	29106

The director of health or the director's designee shall serve	29107
as an ex officio, nonvoting member of the board.	29108

(B) Not later than thirty days after the effective date of	29109
this section, initial appointments shall be made to the board. Of	29110
the initial appointments, the members specified in divisions	29111
(A)(5), (6), and (7) and division (A)(1)(c) of this section	29112
representing entities licensed by the department of health or	29113
boards of health shall serve terms ending June 30, 2014, and the	29114
members specified in divisions (A)(1)(a) and (b), divisions	29115
(A)(2), (3), and (4), and division (A)(1)(c) of this section not	29116
representing entities licensed by the department or boards of	29117
health shall serve terms ending June 30, 2015. Thereafter, terms	29118
of office for all members shall be three years, with each term	29119
ending on the same day of the same month as the term it succeeds.	29120
Each member shall hold office from the date of appointment until	29121
the end of the term for which the member was appointed. Members	29122
may be reappointed, except that no member who has served two	29123
consecutive terms may be reappointed until three years have	29124
elapsed since the member's last term ended.	29125

Each member shall hold office from the date of appointment	29126
until the end of the term for which the member was appointed.	29127
Vacancies shall be filled in the same manner as original	29128
appointments.	29129

Any member appointed to fill a vacancy occurring prior to the	29130
expiration of the term for which the member's predecessor was	29131
appointed shall hold office for the remainder of that term. A	29132
member shall continue in office subsequent to the expiration date	29133
of the member's term until the member's successor takes office or	29134
until a period of ninety days has elapsed, whichever occurs first.	29135

(C) The board shall annually select from among its members a	29136
chairperson and vice-chairperson. The director shall designate an	29137
officer or employee of the department to act as the board's	29138
secretary. The secretary shall be a nonvoting board member.	29139

The board may adopt by laws governing its operation. The	29140
chairperson may appoint subcommittees as the chairperson considers	29141
necessary.	29142

(D) The board shall meet at the call of the chairperson, but	29143
not less than four times per year. A majority of the members of	29144
the board constitutes a quorum. Special meetings may be called by	29145
the chairperson and shall be called by the chairperson at the	29146
request of the director. In a request for a special meeting, the	29147
director shall specify the purpose of the meeting and the date and	29148
place the meeting is to be held. No other business shall be	29149
considered at a special meeting except by a unanimous vote of	29150
members present at the meeting.	29151

In conducting any meeting, the board and its subcommittees	29152
may use an interactive video teleconferencing system. If	29153
provisions are made that allow public attendance at a designated	29154
location with respect to a meeting using such a system, the board	29155
members who attend the meeting by video teleconference shall be	29156
counted for purposes of determining whether a quorum is present	29157
and shall be permitted to vote.	29158

Members shall be expected to attend a majority of meetings of	29159
the board. Unexcused absence from three consecutive meetings shall	29160
be considered notice of a member's intent to resign from the	29161
board.	29162

(E)(1) The department shall provide meeting space and staff	29163
and other administrative support for the board to carry out its	29164
duties.	29165

(2) To facilitate the board's review of proposed rules under	29166
division (A)(1) of section 3701.34 of the Revised Code, the	29167
department shall establish and maintain an electronic web-based	29168
database of board meeting agendas, board meeting minutes, proposed	29169
rules, public comments, and other documents relevant to the work	29170
of the board.	29171

(F) Notice of meetings shall be provided to members through	29172
the board's mailing list, the department's web site, or any other	29173
means available to the board.	29174

The minutes of previous meetings, the next meeting's agenda,	29175
and information on any matters to be presented to the board at any	29176
regular or special meeting shall be provided to the board in an	29177
electronic format.	29178

(G) Members shall attend annual ethics training provided by	29179
the Ohio ethics commission.	29180

(H) Members shall serve without compensation, but may be	29181
reimbursed for actual and necessary expenses incurred in the	29182
performance of their official duties.	29183

(I) Sections 101.82 to 101.87 of the Revised Code do not	29184
apply to the Ohio public health advisory board.	29185

Sec. 3701.34. (A) The Ohio public health advisory board shall	29186
review and make recommendations to the director of health on all	29187
of the following:	29188

(1) Developing and adopting proposed rules under Chapters	29189
3701 and 3717 of the Administrative Code;	29190

(2) Prescribing proposed fees for services provided by the	29191
office of vital statistics and the bureau of environmental health;	29192

(3) Issues to improve public health and increase awareness of	29193
public health issues at the state level, local level, or both;	29194

(4) Any other public health issues that the director requests	29195
the board to consider.	29196

(B) In making recommendations to the director under division	29197
(A)(1) of this section, all of the following apply:	29198

(1) Prior to filing a proposed rule with the joint committee	29199
on agency rule review, the department of health shall provide each	29200
board member with a copy of the proposed rule, copies of public	29201
comments received by the department during the public comment	29202
period, and written evidence of stakeholder involvement.	29203

(2) Prior to board meetings, copies of proposed rules shall	29204
be provided to members. On request of a member, the department	29205
shall ensure that appropriate department employees attend board	29206
meetings to answer questions concerning proposed rules.	29207

(3)(a) Not later than sixty days after receiving a copy of a	29208
proposed rule, the board shall recommend approval or disapproval	29209
of the rule and submit its recommendation by board action to the	29210
director. In making its recommendation, the board may consider	29211
public comments provided to the department or the board.	29212

(b) If the board fails to make a recommendation within sixty	29213
days of receiving a copy of the proposed rule, the director may	29214
file the proposed rule.	29215

(4) Except as provided in division (B)(3)(b) of this section,	29216
the director shall consider the board's recommendation before	29217
filing a proposed rule. On request of the board, the director	29218
shall meet with the board to discuss the board's recommendation.	29219

(5) If the director disagrees with the board's	29220
recommendation, the director shall inform the board in writing of	29221
the director's decision and the reason for the decision prior to	29222
the next quarterly meeting. The director or the director's	29223
designee may meet with the board at the next quarterly meeting to	29224
answer questions regarding why the director disagreed with the	29225
board's recommendation.	29226

(C) To the extent the board believes that a proposed rule	29227
does not comply with requirements established by the joint	29228
committee on agency rule review or the common sense initiative	29229
office, nothing in this section prohibits the board, in carrying	29230
out its duties under division (A)(1) of this section, from	29231
contacting the joint committee on agency rule review or the common	29232
sense initiative office.	29233

(D) In making recommendations under division (A)(2) of this	29234
section for prescribing proposed fees for services provided by the	29235
bureau of environmental health, the board and the department shall	29236
develop a cost methodology subject to approval by the director.	29237

(E) This section does not apply to the following:

29238

(1) A proposed rule that is to be refiled with the joint	29239
committee on agency rule review solely because of technical or	29240
other nonsubstantive revisions;	29241

(2) The emergency adoption, amendment, or rescission of a	29242
rule under division (F) of section 119.03 of the Revised Code.	29243

Sec. 3701.341. (A) The ~~public~~director of health ~~council~~,	29244
pursuant to Chapter 119. and consistent with section 2317.56 of	29245
the Revised Code, shall adopt rules relating to abortions and the	29246
following subjects:	29247

(1) Post-abortion procedures to protect the health of the	29248
pregnant woman;	29249

(2) Pathological reports;

29250

(3) Humane disposition of the product of human conception;

29251

(4) Counseling.

29252

(B) The director of health shall implement the rules and	29253
shall apply to the court of common pleas for temporary or	29254
permanent injunctions restraining a violation or threatened	29255
violation of the rules. This action is an additional remedy not	29256
dependent on the adequacy of the remedy at law.	29257

Sec. 3701.342. After consultation with the public health	29258
standards task force established under section 3701.343 of the	29259
Revised Code, the ~~public~~director of health ~~council~~ shall adopt	29260
rules establishing minimum standards and optimum achievable	29261
standards for boards of health and local health departments. The	29262
minimum standards shall assure that boards of health and local	29263
health departments provide for:	29264

(A) Analysis and prevention of communicable disease;

29265

(B) Analysis of the causes of, and appropriate treatment for,	29266
the leading causes of morbidity and mortality;	29267

(C) The administration and management of the local health	29268
department;	29269

(D) Access to primary health care by medically underserved	29270
individuals;	29271

(E) Environmental health management programs;

29272

(F) Health promotion services designed to encourage	29273
individual and community wellness.	29274

The ~~public health council~~director shall adopt rules	29275
establishing a formula for distribution of state health district	29276
subsidy funds to boards of health and local health departments.	29277
The formula shall provide no subsidy funds to a board or	29278
department unless it meets minimum standards and shall provide	29279
higher funding levels for boards and districts that meet optimum	29280
achievable standards.	29281

Notwithstanding section 119.03 of the Revised Code, rules	29282
adopted under this section shall not take effect unless approved	29283
by concurrent resolution of the general assembly.	29284

Sec. 3701.343. The ~~chairman~~director of ~~the public~~ health	29285
~~council~~ shall, with the advice of the association of Ohio health	29286
commissioners ~~and the director of health~~, appoint a public health	29287
standards task force to assist and advise the ~~public health~~	29288
~~council~~director in formulating and evaluating the standards	29289
established under section 3701.342 of the Revised Code for the	29290
provision of public health services. ~~The task force shall~~	29291
~~recommend its standards for all categories mentioned in section~~	29292
~~3701.342 of the Revised Code on or before March 1, 1983.~~	29293

The task force shall have nine members, consisting of:

29294

(A) A sanitarian registered in accordance with Chapter 4736.	29295
of the Revised Code;	29296

(B) A registered nurse licensed in accordance with Chapter	29297
4723. of the Revised Code;	29298

(C) A physician ~~licensed in accordance with~~who is authorized	29299
under Chapter 4731. of the Revised Code to practice medicine and	29300
surgery or osteopathic medicine and surgery;	29301

(D) Three health commissioners;

29302

(E) Two representatives of the department of health;

29303

(F) One individual with recognized ability in public health	29304
law, public health laboratories, epidemiology, nutrition, or	29305
health education.	29306

~~The public health standards task force shall complete its~~	29307
~~work within three years after the effective date of this section~~	29308
~~and shall cease to exist upon completion of its work, provided,~~	29309
~~that the public health council may reconstitute the public health~~	29310
~~standards task force, for the purpose of reviewing, evaluating,~~	29311
~~and revising the standards mandated in section 3701.342 of the~~	29312
~~Revised Code.~~	29313

Members of the task force shall elect a ~~chairman~~chairperson.	29314
Five members of the task force constitute a quorum and six votes	29315
are necessary to validate an action.	29316

~~Within ninety days of the effective date of this section, the~~	29317
~~chairman of the public health council shall make the appointments~~	29318
~~to the task force. Within sixty days of their appointment, the~~	29319
~~task force members shall meet, organize, and begin their work.~~	29320
Vacancies occurring on the task force shall be filled in the same	29321
manner as the initial appointments.	29322

Members of the task force shall serve without compensation,	29323
but may be reimbursed for necessary expenses.	29324

Sec. 3701.344. As used in this section and sections	29325
3701.345, 3701.346, and 3701.347 of the Revised Code:	29326

(A) "Private water system" means any water system for the	29327
provision of water for human consumption, if such system has fewer	29328
than fifteen service connections and does not regularly serve an	29329
average of at least twenty-five individuals daily at least sixty	29330
days out of the year. A private water system includes any well,	29331
spring, cistern, pond, or hauled water and any equipment for the	29332
collection, transportation, filtration, disinfection, treatment,	29333
or storage of such water extending from and including the source	29334
of the water to the point of discharge from any pressure tank or	29335
other storage vessel; to the point of discharge from the water	29336
pump where no pressure tank or other storage vessel is present;	29337
or, in the case of multiple service connections serving more than	29338
one dwelling, to the point of discharge from each service	29339
connection. "Private water system" does not include the water	29340
service line extending from the point of discharge to a structure.	29341

(B) Notwithstanding section 3701.347 of the Revised Code and	29342
subject to division (C) of this section, rules adopted by the	29343
~~public~~director of health ~~council~~ regarding private water systems	29344
shall provide for the following:	29345

(1) Except as otherwise provided in this division, boards of	29346
health of city or general health districts shall be given the	29347
exclusive power to establish fees in accordance with section	29348
3709.09 of the Revised Code for administering and enforcing such	29349
rules. Such fees shall establish a different rate for	29350
administering and enforcing the rules relative to private water	29351
systems serving single-family dwelling houses and nonsingle-family	29352
dwelling houses. Except for an amount established by the ~~public~~	29353
~~health council~~director, pursuant to division (B)(5) of this	29354
section, for each new private water system installation, no	29355
portion of any fee for administering and enforcing such rules	29356
shall be returned to the department of health. If the director of	29357
health determines that a board of health of a city or general	29358
health district is unable to administer and enforce a private	29359
water system program in the district, the director shall	29360
administer and enforce such a program in the district and	29361
establish fees for such administration and enforcement.	29362

(2) Boards of health of city or general health districts	29363
shall be given the exclusive power to determine the number of	29364
inspections necessary for determining the safe drinking	29365
characteristics of a private water system.	29366

(3) Private water systems contractors, as a condition of	29367
doing business in this state, shall annually register with, and	29368
comply with surety bonding requirements of, the department of	29369
health. No such contractor shall be permitted to register if the	29370
contractor fails to comply with all applicable rules adopted by	29371
the ~~public health council~~director and the board of health of the	29372
city or general health district. The annual registration fee for	29373
private water systems contractors shall be sixty-five dollars. The	29374
~~public health council~~director, by rule adopted in accordance with	29375
Chapter 119. of the Revised Code, may increase the annual	29376
registration fee. ~~Before January 1, 1993, the fee shall not be~~	29377
~~increased by more than fifty per cent of the amount prescribed by~~	29378
~~this section.~~	29379

(4) ~~Boards~~Subject to rules adopted by the director, boards	29380
of health of city or general health districts ~~subject to such~~	29381
~~rules of the public health council~~ shall have the option of	29382
determining whether bacteriological examinations shall be	29383
performed at approved laboratories of the state or at approved	29384
private laboratories.	29385

(5) The ~~public health council~~director may establish fees for	29386
each new private water system installation, which shall be	29387
collected by the appropriate board of health and transmitted to	29388
the director ~~of health~~ pursuant to section 3709.092 of the Revised	29389
Code.	29390

(6) All fees received by the director of health under	29391
divisions (B)(1), (3), and (5) of this section shall be deposited	29392
in the state treasury to the credit of the general operations fund	29393
created in section 3701.83 of the Revised Code for use in the	29394
administration and enforcement of sections 3701.344 to 3701.347 of	29395
the Revised Code and the rules pertaining to private water systems	29396
adopted under those sections ~~or section 3701.34 of the Revised~~	29397
~~Code~~.	29398

(C) To the extent that rules adopted under division (B) of	29399
this section require health districts to follow specific	29400
procedures or use prescribed forms, no such procedure or form	29401
shall be implemented until it is approved by majority vote of an	29402
approval board of health commissioners, hereby created. Members of	29403
the board shall be the officers of the association of Ohio health	29404
commissioners, or any successor organization, and membership on	29405
the board shall be coterminous with holding an office of the	29406
association. No health district is required to follow a procedure	29407
or use a form required by a rule adopted under division (B) of	29408
this section without the approval of the board.	29409

(D) A board of health shall collect well log filing fees on	29410
behalf of the division of soil and water resources in the	29411
department of natural resources in accordance with section 1521.05	29412
of the Revised Code and rules adopted under it. The fees shall be	29413
submitted to the division quarterly as provided in those rules.	29414

Sec. 3701.345. Any applicant for a permit to construct,	29415
develop, install, or modify a private water system required by	29416
rules adopted by the ~~public~~director of health ~~council~~ under	29417
~~sections 3701.34 and~~section 3701.347 of the Revised Code may	29418
apply to the board of health of the city or general health	29419
district administering and enforcing the private water supply	29420
program in the health district in which the private water system	29421
is or is to be located or, if the health district is not	29422
administering and enforcing the program, may apply to the	29423
department of health for a variance from such rules governing the	29424
design, construction, development, installation, or modification	29425
of private water systems. The application for a variance shall be	29426
made in writing and shall include a statement of the particular	29427
rule or rules from which a variance is sought, a description of	29428
the proposed system or modification, and the necessity for the	29429
variance. The board of health or the department of health shall	29430
not grant a variance unless the applicant demonstrates that:	29431

(A) There will be an unusual and unnecessary hardship in	29432
complying with the rules from which the variance is sought;	29433

(B) Contamination of the private water system will not occur	29434
as a result of construction and operation of the system as	29435
proposed by the variance application;	29436

(C) The health of persons using water from the private water	29437
system will not be endangered as a result of construction and	29438
operation of the system as proposed by the variance application;	29439
and	29440

(D) No other technically feasible and economically reasonable	29441
means exist for obtaining water from the proposed type of water	29442
source.	29443

Sec. 3701.347. Notwithstanding division (E) of section	29444
6111.42 of the Revised Code, rules adopted under such division and	29445
in effect on December 14, 1978, shall continue in effect until	29446
repealed by the environmental protection agency or superseded by	29447
rules ofadopted by the ~~public~~director of health ~~council~~ as	29448
hereinafter provided, as fully as if such section had not been	29449
amended by Amended Substitute Senate Bill No. 445 of the 112th	29450
general assembly on such date. Insofar as these rules affect wells	29451
for the provision of water for human consumption not used or for	29452
use by a public water system, they shall remain in effect	29453
notwithstanding repeal by the environmental protection agency	29454
until the ~~public health council~~director adopts rules superseding	29455
them which prescribe uniform standards and procedures for the	29456
design, construction, inspection, installation, development,	29457
maintenance, and abandonment of private water systems, to protect	29458
the health of the persons served by such water systems and to	29459
establish fees at a level calculated to pay the cost of	29460
administering and enforcing such rules by the director ~~health~~ or	29461
by boards of health of city and general health districts approved	29462
by the director of health. For purposes of this section "public	29463
water system" has the meaning ascribed to it in section 6109.01 of	29464
the Revised Code.	29465

Sec. 3701.352. No person shall violate any rule the ~~public~~	29466
~~health council,~~ director of health, or department of health adopts	29467
or any order the director or department of health issues under	29468
this chapter to prevent a threat to the public caused by a	29469
pandemic, epidemic, or bioterrorism event.	29470

Sec. 3701.40. The ~~public~~director of health ~~council~~ shall by	29471
rule prescribe minimum standards for the maintenance and operation	29472
of hospitals and medical facilities which shall receive federal	29473
aid for construction under the state plan provided for by section	29474
3701.39 of the Revised Code.	29475

Boards of trustees or directors of institutions required to	29476
comply with sections 3701.01, 3701.04, 3701.08, 3701.09, and	29477
3701.37 to 3701.45 of the Revised Code shall have the right to	29478
select the professional staff members of such institutions and to	29479
select and employ interns, nurses, and other personnel, and no	29480
rules, regulations, or standards of the director of health ~~or the~~	29481
~~public health council~~ adopted or promulgated severally or jointly	29482
shall be valid which, if enforced, would interfere in such	29483
selection or employment.	29484

The director of health may petition the common pleas court of	29485
the county in which any hospital or medical facility is located	29486
for an order enjoining any person, firm, partnership, association,	29487
corporation, or other entity, private or public, from operating a	29488
hospital or medical facility in violation of any rules adopted	29489
under this section. Irrespective of any other remedy the director	29490
may have in law or equity the court has jurisdiction to grant such	29491
injunctive relief upon a showing that the respondent named in the	29492
petition is operating in violation of such rules.	29493

Sec. 3701.503. As used in sections 3701.504 to 3701.509 of	29494
the Revised Code:	29495

(A) "Parent" means either parent, unless the parents are	29496
separated or divorced or their marriage has been dissolved or	29497
annulled, in which case "parent" means the parent who is the	29498
residential parent and legal custodian.	29499

(B) "Guardian" has the same meaning as in section 2111.01 of	29500
the Revised Code.	29501

(C) "Custodian" means, except as used in division (A) of this	29502
section, a government agency or an individual, other than the	29503
parent or guardian, with legal or permanent custody of a child as	29504
defined in section 2151.011 of the Revised Code.	29505

(D) "Hearing screening" means the identification of newborns	29506
and infants who may have a hearing impairment, through the use of	29507
a physiologic test.	29508

(E) "Hearing evaluation" means evaluation through the use of	29509
audiological procedures by an audiologist or physician.	29510

(F) "Hearing impairment" means a loss of hearing in one or	29511
both ears in the frequency region important for speech recognition	29512
and comprehension.	29513

(G) "Newborn" means a child who is less than thirty days old.

29514

(H) "Infant" means a child who is at least thirty days but	29515
less than twenty-four months old.	29516

(I) "Freestanding birthing center" has the same meaning as in	29517
section ~~3702.51~~3702.141 of the Revised Code.	29518

(J) "Physician" means an individual authorized under Chapter	29519
4731. of the Revised Code to practice medicine and surgery or	29520
osteopathic medicine and surgery.	29521

(K) "Audiologist" means an individual authorized under	29522
section 4753.07 of the Revised Code to practice audiology.	29523

(L) "Hospital" means a hospital that has a maternity unit or	29524
newborn nursery.	29525

(M) "Maternity unit" means any unit or place in a hospital	29526
where women are regularly received and provided care during all or	29527
part of the maternity cycle, except that "maternity unit" does not	29528
include an emergency department or similar place dedicated to	29529
providing emergency health care.	29530

(N) "Board of health" means the board of health of a city or	29531
general health district or the authority having the duties of a	29532
board of health under section 3709.05 of the Revised Code.	29533

Sec. 3701.507. (A) To assist in implementing sections	29534
3701.503 to 3701.509 of the Revised Code, the medically	29535
handicapped children's medical advisory council created in section	29536
3701.025 of the Revised Code shall appoint a permanent infant	29537
hearing screening subcommittee. The subcommittee shall consist of	29538
the following members:	29539

(1) One otolaryngologist;

29540

(2) One neonatologist;

29541

(3) One pediatrician;

29542

(4) One neurologist;

29543

(5) One hospital administrator;

29544

(6) Two or more audiologists who are experienced in infant	29545
hearing screening and evaluation;	29546

(7) One speech-language pathologist licensed under section	29547
4753.07 of the Revised Code;	29548

(8) Two persons who are each a parent of a hearing-impaired	29549
child;	29550

(9) One geneticist;

29551

(10) One epidemiologist;

29552

(11) One adult who is deaf or hearing impaired;

29553

(12) One representative from an organization for the deaf or	29554
hearing impaired;	29555

(13) One family advocate;

29556

(14) One nurse from a well-baby neonatal nursery;

29557

(15) One nurse from a special care neonatal nursery;

29558

(16) One teacher of the deaf who works with infants and	29559
toddlers;	29560

(17) One representative of the health insurance industry;

29561

(18) One representative of the bureau for children with	29562
medical handicaps;	29563

(19) One representative of the department of education;

29564

(20) One representative of the Ohio department of job and	29565
family services who has responsibilities regarding medicaid;	29566

(21) Any other person the advisory council appoints.

29567

(B) The infant hearing subcommittee shall:

29568

(1) Consult with the director of health regarding the	29569
administration of sections 3701.503 to 3701.509 of the Revised	29570
Code;	29571

(2) Advise and make recommendations regarding proposed rules	29572
prior to their adoption by the ~~public health council~~director	29573
under section 3701.508 of the Revised Code;	29574

(3) Consult with the director of health and advise and make	29575
recommendations regarding program development and implementation	29576
under sections 3701.503 to 3701.509 of the Revised Code, including	29577
all of the following:	29578

(a) Establishment under section 3701.504 of the Revised Code	29579
of the statewide hearing screening, tracking, and early	29580
intervention program to identify newborn and infant hearing	29581
impairment;	29582

(b) Identification of locations where hearing evaluations may	29583
be conducted;	29584

(c) Recommendations for methods and techniques of hearing	29585
screening and hearing evaluation;	29586

(d) Referral, data recording and compilation, and procedures	29587
to encourage follow-up hearing care;	29588

(e) Maintenance of a register of newborns and infants who do	29589
not pass the hearing screening;	29590

(f) Preparation of the information required by section	29591
3701.506 of the Revised Code ~~and any other information the public~~	29592
~~health council requires the department of health to provide~~.	29593

Sec. 3701.508. (A) The ~~public~~director of health ~~council~~	29594
shall adopt rules governing the statewide hearing screening,	29595
tracking, and early intervention program established under section	29596
3701.504 of the Revised Code, including rules that do all of the	29597
following:	29598

(1) Specify how hospitals and freestanding birthing centers	29599
are to comply with the requirements of section 3701.505 of the	29600
Revised Code, including methods to be used for hearing screening,	29601
except that with regard to the physiologic equipment to be used	29602
for hearing screening, the rules may require only that the	29603
equipment be capable of giving reliable results and may not	29604
specify particular equipment or a particular type of equipment;	29605

(2) Provide that no newborn or infant shall be required to	29606
undergo a hearing screening if the parent, guardian, or custodian	29607
of the newborn or infant objects on the grounds that the screening	29608
conflicts with the parent's, guardian's, or custodian's religious	29609
tenets and practices;	29610

(3) Provide for situations in which the parent, guardian, or	29611
custodian of a newborn or infant objects to a hearing screening	29612
for reasons other than religious tenets and practices;	29613

(4) Specify how the department of health will determine	29614
whether a person is financially unable to pay for a hearing	29615
screening and define "third-party payer" for the purpose of	29616
reimbursement of hearing screening by the department under section	29617
3701.505 of the Revised Code;	29618

(5) Specify an inexpensive and efficient format and	29619
procedures for the submission of hearing screening information	29620
from hospitals and freestanding birthing centers to the department	29621
of health;	29622

(6) Specify a procedure whereby the department may conduct	29623
timely reviews of hearing screening information submissions for	29624
purposes of quality assurance, training, and disease prevention	29625
and control;	29626

(7) Specify any additional information that hospitals and	29627
freestanding birthing centers are to provide to the medically	29628
handicapped children's medical advisory council's infant hearing	29629
screening subcommittee under section 3701.509 of the Revised Code.	29630

(B) In addition to the rules adopted under division (A) of	29631
this section, the ~~council~~director shall adopt rules that specify	29632
the training that must be completed by persons who will conduct	29633
hearing screenings. In adopting these rules, the ~~council~~director	29634
shall consider incorporating cost-saving training methods,	29635
including computer-assisted learning and on-site training. Neither	29636
the rules nor the director of health may establish a minimum	29637
educational level for persons conducting hearing screenings.	29638

(C) All rules adopted under this section shall be adopted in	29639
accordance with Chapter 119. of the Revised Code and shall be	29640
adopted so as to take effect not later than six months after ~~the~~	29641
~~effective date of this section~~August 1, 2002.	29642

Sec. 3701.509. (A) The department of health shall develop a	29643
mechanism to analyze and interpret the hearing screening	29644
information to be reported under division (B) of this section. The	29645
department shall notify all hospitals and freestanding birthing	29646
centers subject to the reporting requirements of the date the	29647
department anticipates that the mechanism will be complete. After	29648
the mechanism is complete, the department shall notify each	29649
hospital and freestanding birthing center subject to the reporting	29650
requirement of the date by which the hospital or center must	29651
submit its first report.	29652

(B) Subject to division (A) of this section and in accordance	29653
with rules adopted by the ~~public~~director of health ~~council~~ under	29654
section 3701.508 of the Revised Code, each hospital and	29655
freestanding birthing center that has conducted a hearing	29656
screening required by section 3701.505 of the Revised Code shall	29657
provide to the department of health for use by the medically	29658
handicapped children's medical advisory council's infant hearing	29659
screening subcommittee information specifying all of the	29660
following:	29661

(1) The number of newborns born in the hospital or	29662
freestanding birthing center and the number of newborns and	29663
infants not screened because they were transferred to another	29664
hospital;	29665

(2) The number of newborns and infants referred to the	29666
hospital or freestanding birthing center for a hearing screening	29667
and the number of those newborns and infants who received a	29668
hearing screening;	29669

(3) The number of newborns and infants who did not pass the	29670
hearing screenings conducted by the hospital or freestanding	29671
birthing center;	29672

(4) Any other information concerning the program established	29673
under section 3701.504 of the Revised Code.	29674

(C) The department of health shall conduct a timely review of	29675
the information submitted by hospitals and freestanding birthing	29676
centers in accordance with rules adopted by the ~~public health~~	29677
~~council~~director under section 3701.508 of the Revised Code.	29678

(D) The infant hearing screening subcommittee, with the	29679
support of the department of health, shall compile and summarize	29680
the information submitted to the department by hospitals and	29681
freestanding birthing centers under division (B) of this section.	29682
Beginning with the first year after the mechanism developed under	29683
division (A) of this section is complete, the subcommittee shall	29684
annually prepare and transmit a report to the director of health,	29685
the speaker of the house of representatives, and the president of	29686
the senate. The council shall make the report available to the	29687
public.	29688

(E) The department and all members of the subcommittee shall	29689
maintain the confidentiality of patient-identifying information	29690
submitted under division (B) of this section and section 3701.505	29691
of the Revised Code. The information is not a public record under	29692
section 149.43 of the Revised Code, except to the extent that the	29693
information is used in preparing reports under this section.	29694

Nothing in this division prohibits the department from	29695
providing patient-identifying information to other entities as it	29696
considers necessary to implement the statewide tracking and early	29697
intervention components of the program established under section	29698
3701.504 of the Revised Code. Any entity that receives	29699
patient-identifying information from the department shall maintain	29700
the confidentiality of the information.	29701

Sec. 3701.57. All prosecutions and proceedings by the	29702
department of health for the violation of sections 3701.01 to	29703
3701.56, 3705.01 to 3705.29, 3707.06, 3709.01 to 3709.04, 3709.07	29704
to 3709.11, 3709.13, 3709.17, 3709.18, and 3709.21 to 3709.36 of	29705
the Revised Code, or for the violation of any of the orders or	29706
rules of the department, shall be instituted by the director of	29707
health. Except as provided in division (C) of section 3701.571 of	29708
the Revised Code, all fines or judgments the department collects	29709
shall be paid into the state treasury to the credit of the general	29710
revenue fund.	29711

The director of health, the board of health of a general or	29712
city health district, or any person charged with enforcing the	29713
rules of the department of health as provided in section 3701.56	29714
of the Revised Code may petition the court of common pleas for	29715
injunctive or other appropriate relief requiring any person	29716
violating a rule adopted by ~~the public health council under~~	29717
~~section 3701.34 of the Revised Code~~ or any order issued by the	29718
director of health under this chapter to comply with such rule or	29719
order. The court of common pleas of the county in which the	29720
offense is alleged to be occurring may grant such injunctive or	29721
other appropriate relief as the equities of the case require.	29722

Sec. 3701.63. (A) As used in this section and section 3701.64	29723
of the Revised Code:	29724

(1) "Child day-care center," "type A family day-care home,"	29725
and "certified type B family day-care home" have the same meanings	29726
as in section 5104.01 of the Revised Code.	29727

(2) "Child care facility" means a child day-care center, a	29728
type A family day-care home, or a certified type B family day-care	29729
home.	29730

(3) "Freestanding birthing center" has the same meaning as in	29731
section ~~3702.51~~3702.141 of the Revised Code.	29732

(4) "Hospital" means a hospital classified pursuant to rules	29733
adopted under section 3701.07 of the Revised Code as a general	29734
hospital or children's hospital.	29735

(5) "Maternity unit" means any unit or place in a hospital	29736
where women are regularly received and provided care during all or	29737
part of the maternity cycle, except that "maternity unit" does not	29738
include an emergency department or similar place dedicated to	29739
providing emergency health care.	29740

(6) "Parent" means either parent, unless the parents are	29741
separated or divorced or their marriage has been dissolved or	29742
annulled, in which case "parent" means the parent who is the	29743
residential parent and legal custodian of the child. "Parent" also	29744
means a prospective adoptive parent with whom a child is placed.	29745

(7) "Shaken Baby Syndrome" means signs and symptoms,	29746
including, but not limited to, retinal hemorrhages in one or both	29747
eyes, subdural hematoma, or brain swelling, resulting from the	29748
violent shaking or the shaking and impacting of the head of an	29749
infant or small child.	29750

(B) The director of health shall establish the shaken baby	29751
syndrome education program by doing all of the following:	29752

(1) By not later than one year after February 29, 2008,	29753
developing educational materials that present readily	29754
comprehendible information on shaken baby syndrome;	29755

(2) Making available on the department of health web site in	29756
an easily accessible format the educational materials developed	29757
under division (B)(1) of this section;	29758

(3) Beginning in 2009, annually assessing the effectiveness	29759
of the shaken baby syndrome education program by evaluating the	29760
reports received pursuant to section 5101.135 of the Revised Code.	29761

(C) In meeting the requirements under division (B) of this	29762
section, the director shall not develop educational materials that	29763
will impose an administrative or financial burden on any of the	29764
entities or persons listed in section 3701.64 of the Revised Code.	29765

Sec. 3701.74. (A) As used in this section and section	29766
3701.741 of the Revised Code:	29767

(1) "Ambulatory care facility" means a facility that provides	29768
medical, diagnostic, or surgical treatment to patients who do not	29769
require hospitalization, including a dialysis center, ambulatory	29770
surgical facility, cardiac catheterization facility, diagnostic	29771
imaging center, extracorporeal shock wave lithotripsy center, home	29772
health agency, inpatient hospice, birthing center, radiation	29773
therapy center, emergency facility, and an urgent care center.	29774
"Ambulatory care facility" does not include the private office of	29775
a physician or dentist, whether the office is for an individual or	29776
group practice.	29777

(2) "Chiropractor" means an individual licensed under Chapter	29778
4734. of the Revised Code to practice chiropractic.	29779

(3) "Emergency facility" means a hospital emergency	29780
department or any other facility that provides emergency medical	29781
services.	29782

(4) "Health care practitioner" means all of the following:

29783

(a) A dentist or dental hygienist licensed under Chapter	29784
4715. of the Revised Code;	29785

(b) A registered or licensed practical nurse licensed under	29786
Chapter 4723. of the Revised Code;	29787

(c) An optometrist licensed under Chapter 4725. of the	29788
Revised Code;	29789

(d) A dispensing optician, spectacle dispensing optician,	29790
contact lens dispensing optician, or spectacle-contact lens	29791
dispensing optician licensed under Chapter 4725. of the Revised	29792
Code;	29793

(e) A pharmacist licensed under Chapter 4729. of the Revised	29794
Code;	29795

(f) A physician;

29796

(g) A physician assistant authorized under Chapter 4730. of	29797
the Revised Code to practice as a physician assistant;	29798

(h) A practitioner of a limited branch of medicine issued a	29799
certificate under Chapter 4731. of the Revised Code;	29800

(i) A psychologist licensed under Chapter 4732. of the	29801
Revised Code;	29802

(j) A chiropractor;

29803

(k) A hearing aid dealer or fitter licensed under Chapter	29804
4747. of the Revised Code;	29805

(l) A speech-language pathologist or audiologist licensed	29806
under Chapter 4753. of the Revised Code;	29807

(m) An occupational therapist or occupational therapy	29808
assistant licensed under Chapter 4755. of the Revised Code;	29809

(n) A physical therapist or physical therapy assistant	29810
licensed under Chapter 4755. of the Revised Code;	29811

(o) A professional clinical counselor, professional	29812
counselor, social worker, or independent social worker licensed,	29813
or a social work assistant registered, under Chapter 4757. of the	29814
Revised Code;	29815

(p) A dietitian licensed under Chapter 4759. of the Revised	29816
Code;	29817

(q) A respiratory care professional licensed under Chapter	29818
4761. of the Revised Code;	29819

(r) An emergency medical technician-basic, emergency medical	29820
technician-intermediate, or emergency medical technician-paramedic	29821
certified under Chapter 4765. of the Revised Code.	29822

(5) "Health care provider" means a hospital, ambulatory care	29823
facility, long-term care facility, pharmacy, emergency facility,	29824
or health care practitioner.	29825

(6) "Hospital" has the same meaning as in section 3727.01 of	29826
the Revised Code.	29827

(7) "Long-term care facility" means a nursing home,	29828
residential care facility, or home for the aging, as those terms	29829
are defined in section 3721.01 of the Revised Code; ~~an adult care~~	29830
a residential facility~~, as defined in~~licensed under section	29831
~~5119.70~~5119.22 of the Revised Code that provides accommodations,	29832
supervision, and personal care services for three to sixteen	29833
unrelated adults; a nursing facility or intermediate care facility	29834
for the mentally retarded, as those terms are defined in section	29835
5111.20 of the Revised Code; a facility or portion of a facility	29836
certified as a skilled nursing facility under Title XVIII of the	29837
"Social Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as	29838
amended.	29839

(8) "Medical record" means data in any form that pertains to	29840
a patient's medical history, diagnosis, prognosis, or medical	29841
condition and that is generated and maintained by a health care	29842
provider in the process of the patient's health care treatment.	29843

(9) "Medical records company" means a person who stores,	29844
locates, or copies medical records for a health care provider, or	29845
is compensated for doing so by a health care provider, and charges	29846
a fee for providing medical records to a patient or patient's	29847
representative.	29848

(10) "Patient" means either of the following:

29849

(a) An individual who received health care treatment from a	29850
health care provider;	29851

(b) A guardian, as defined in section 1337.11 of the Revised	29852
Code, of an individual described in division (A)(10)(a) of this	29853
section.	29854

(11) "Patient's personal representative" means a minor	29855
patient's parent or other person acting in loco parentis, a	29856
court-appointed guardian, or a person with durable power of	29857
attorney for health care for a patient, the executor or	29858
administrator of the patient's estate, or the person responsible	29859
for the patient's estate if it is not to be probated. "Patient's	29860
personal representative" does not include an insurer authorized	29861
under Title XXXIX of the Revised Code to do the business of	29862
sickness and accident insurance in this state, a health insuring	29863
corporation holding a certificate of authority under Chapter 1751.	29864
of the Revised Code, or any other person not named in this	29865
division.	29866

(12) "Pharmacy" has the same meaning as in section 4729.01 of	29867
the Revised Code.	29868

(13) "Physician" means a person authorized under Chapter	29869
4731. of the Revised Code to practice medicine and surgery,	29870
osteopathic medicine and surgery, or podiatric medicine and	29871
surgery.	29872

(14) "Authorized person" means a person to whom a patient has	29873
given written authorization to act on the patient's behalf	29874
regarding the patient's medical record.	29875

(B) A patient, a patient's personal representative or an	29876
authorized person who wishes to examine or obtain a copy of part	29877
or all of a medical record shall submit to the health care	29878
provider a written request signed by the patient, personal	29879
representative, or authorized person dated not more than one year	29880
before the date on which it is submitted. The request shall	29881
indicate whether the copy is to be sent to the requestor,	29882
physician or chiropractor, or held for the requestor at the office	29883
of the health care provider. Within a reasonable time after	29884
receiving a request that meets the requirements of this division	29885
and includes sufficient information to identify the record	29886
requested, a health care provider that has the patient's medical	29887
records shall permit the patient to examine the record during	29888
regular business hours without charge or, on request, shall	29889
provide a copy of the record in accordance with section 3701.741	29890
of the Revised Code, except that if a physician or chiropractor	29891
who has treated the patient determines for clearly stated	29892
treatment reasons that disclosure of the requested record is	29893
likely to have an adverse effect on the patient, the health care	29894
provider shall provide the record to a physician or chiropractor	29895
designated by the patient. The health care provider shall take	29896
reasonable steps to establish the identity of the person making	29897
the request to examine or obtain a copy of the patient's record.	29898

(C) If a health care provider fails to furnish a medical	29899
record as required by division (B) of this section, the patient,	29900
personal representative, or authorized person who requested the	29901
record may bring a civil action to enforce the patient's right of	29902
access to the record.	29903

(D)(1) This section does not apply to medical records whose	29904
release is covered by section 173.20 or 3721.13 of the Revised	29905
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	29906
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	29907
Records," or by 42 C.F.R. 483.10.	29908

(2) Nothing in this section is intended to supersede the	29909
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	29910
and 2305.252 of the Revised Code.	29911

Sec. 3701.77. (A) The department of health may establish,	29912
promote, and maintain a lupus education and awareness program with	29913
an emphasis on at-risk communities to raise public awareness,	29914
educate consumers, and educate and train health professionals,	29915
human services providers, and other audiences.	29916

(B) The department, in creating and implementing the program,	29917
may do all of the following:	29918

(1) Provide sufficient staff and appropriate training to	29919
implement the program;	29920

(2) Establish a grant program to support nonprofit voluntary	29921
health organizations with expertise in lupus to increase public	29922
awareness and enhance health professional education and	29923
understanding of the symptoms and consequences of lupus and the	29924
populations most at risk;	29925

(3) Establish an intergovernmental council and advisory panel	29926
to oversee the implementation of the program;	29927

(4) Identify the appropriate entities to carry out the	29928
program;	29929

(5) Base the program on the most current scientific	29930
information and findings;	29931

(6) Work with government entities, community and business	29932
leaders, community organizations, health and human services	29933
providers, and national, state, and local lupus organizations,	29934
such as the lupus foundation of America, inc., to coordinate	29935
efforts to maximize state resources in the areas of lupus	29936
education and awareness;	29937

(7) Identify and use other successful lupus education and	29938
awareness programs and procure related materials and services from	29939
organizations with appropriate expertise and knowledge of lupus.	29940

(C) The department may accept gifts, grants, and donations	29941
from the federal government, foundations, organizations, medical	29942
schools, and other entities for fulfilling the obligations of the	29943
program.	29944

(D) The department may seek any federal waiver that may be	29945
necessary to maximize funds from the federal government to	29946
implement the program.	29947

Sec. 3701.771. (A)(1) The department of health may conduct a	29948
needs assessment to identify all of the following:	29949

(a) The level of statewide health professional and public	29950
awareness about lupus;	29951

(b) The existence of lupus education, awareness, and	29952
treatment programs and related technical assistance available in	29953
the state and nationwide;	29954

(c) The lupus-related educational and support service needs	29955
of health care providers in the state, including physicians,	29956
nurses, health plans, and other health professionals and health	29957
care entities;	29958

(d) The needs of people with lupus, their families, and	29959
caregivers, including health care providers, physicians, nurses,	29960
health plans, and other health professionals and health care	29961
entities;	29962

(e) The services available to individuals with lupus,	29963
including the existence and availability of lupus treatment and	29964
specialty care, lupus support groups, and other related care and	29965
management services.	29966

(2) Based on the needs assessment, the department may develop	29967
and maintain a directory of lupus-related services and health care	29968
providers with specialization in services to diagnose and treat	29969
lupus. The department may disseminate the directory to all	29970
stakeholders, including individuals with lupus, families,	29971
representatives from voluntary organizations, health	29972
professionals, health plans, and state and local health agencies.	29973

(B) The department may undertake activities to raise public	29974
awareness about the symptoms of lupus, personal risk factors, and	29975
options for diagnosing and treating the disease with a particular	29976
focus on populations at elevated risk for lupus. Such activities	29977
may include, but are not limited to, the following:	29978

(1) Implementing a statewide campaign to educate the general	29979
public about lupus by utilizing print, radio, and television	29980
public service announcements, advertisements, posters, and other	29981
materials;	29982

(2) Disseminating health information and conducting	29983
individual risk assessments at public events, such as health fairs	29984
and community forums sponsored by the department;	29985

(3) Distributing information through local health	29986
departments; schools; area agencies on aging; employer wellness	29987
programs; physicians and other health professionals; hospitals and	29988
health plans; health, nonprofit, and community-based	29989
organizations; and regional offices of the department.	29990

Sec. 3701.772. (A) The department of health may establish a	29991
program to award grants to educate and train physicians, health	29992
professionals, and other service providers on the most current,	29993
accurate scientific and medical information on lupus diagnosis,	29994
treatment, and therapeutic decision-making, including medical best	29995
practices for detecting and treating the disease in special	29996
populations, risks and benefits of medications, and research	29997
advances. If a program to award grants is established, the	29998
department shall allocate the total amount available for the	29999
grants in amounts that are proportionate to the populations of the	30000
areas served by the Ohio chapters of the lupus foundation of	30001
America, inc.	30002

To be eligible for a grant, an applicant must be affiliated	30003
with the foundation.	30004

(B) Each grant recipient shall do all of the following:

30005

(1) Develop health professional educational materials that	30006
identify the latest scientific and medical information and	30007
clinical applications;	30008

(2) Work to increase knowledge among physicians, nurses, and	30009
other health and human services professionals about the importance	30010
of lupus diagnosis, treatment, and rehabilitation;	30011

(3) Use available curricula for training of health and human	30012
services providers and community leaders on lupus detection and	30013
treatment;	30014

(4) Support continuing medical education programs in all	30015
geographical areas of the state presented by the leading state	30016
academic institutions by providing the most current information;	30017

(5) Provide workshops and seminars for in-depth professional	30018
development in the field of care and management of lupus patients	30019
to bring the latest information on clinical advances to health	30020
care providers;	30021

(6) Conduct statewide conferences on lupus at appropriate	30022
intervals;	30023

(7) Prepare an annual report that describes the recipient's	30024
use of the grant and submit a copy of the report to the	30025
department.	30026

Sec. 3701.773. (A) If the department of health establishes	30027
the intergovernmental council as permitted by division (B)(3) of	30028
section 3701.77 of the Revised Code, the department shall seek to	30029
ensure coordination of lupus education and awareness efforts. The	30030
director of health shall serve as the council's chairperson. The	30031
council shall include representatives from appropriate state	30032
departments and agencies, including entities with responsibility	30033
for health disparities, medicaid, public health programs,	30034
education, and public welfare.	30035

(B) The council shall do all of the following:

30036

(1) Provide oversight to the lupus education and awareness	30037
program, as well as other lupus programs conducted by the	30038
department;	30039

(2) Develop and issue grant applications and policies and	30040
procedures for programs aimed at health professionals and the	30041
public;	30042

(3) Establish a mechanism for sharing information on lupus	30043
among all officials and employees involved in carrying out	30044
lupus-related programs;	30045

(4) Assist the department and other offices in developing and	30046
coordinating plans for education and health promotion on lupus and	30047
ensure that issues related to lupus are integrated into other	30048
statewide plans;	30049

(5) Prepare an annual report that describes educational	30050
initiatives on lupus sponsored by the state and make	30051
recommendations for new educational initiatives on lupus. The	30052
report shall be transmitted to the general assembly and be made	30053
available to the public.	30054

Sec. 3701.774. (A) If the department of health establishes	30055
the advisory panel as permitted by division (B)(3) of section	30056
3701.77 of the Revised Code, the department shall coordinate the	30057
panel to provide input and counsel regarding the lupus education	30058
and awareness program.	30059

(B) If the panel is established, all of the following apply:

30060

(1) Individuals and organizations may submit to the	30061
department nominations for appointments to the panel. Each panel	30062
member shall have familiarity with lupus and issues that surround	30063
lupus.	30064

(2) The panel shall be comprised of the following members to	30065
be appointed by the director of health:	30066

(a) At least three individuals with lupus;

30067

(b) Not more than two representatives from the department;

30068

(c) At least five individuals from lupus nonprofit health	30069
organizations, with preference given to individuals from the lupus	30070
foundation of America, inc.;	30071

(d) At least five scientists or clinicians with experience in	30072
lupus who participate in various fields of scientific endeavor,	30073
including the fields of biomedical research, social,	30074
translational, behavioral and epidemiological research, and public	30075
health.	30076

(3) The department shall select from among the panel members	30077
one member to serve as chairperson of the panel.	30078

Members of the panel shall serve terms of two years each.	30079
Members may be named to serve a total of two terms and terms may	30080
be consecutive.	30081

A majority of the members of the panel constitutes a quorum.	30082
A majority vote of a quorum is required for any official action of	30083
the panel.	30084

The panel shall meet at the call of the panel chairperson,	30085
but not fewer than four times per year.	30086

All members shall serve without compensation, but may be	30087
reimbursed for actual, necessary expenses incurred in the	30088
performance of their duties.	30089

(4) The panel shall be responsible for advising the	30090
department and the intergovernmental council with respect to the	30091
implementation of the lupus education and awareness program. The	30092
department shall consult with the advisory panel on a regular	30093
basis.	30094

Sec. 3701.775. There is hereby created in the state treasury	30095
the lupus education and awareness program fund. If the department	30096
of health establishes the lupus education and awareness program,	30097
as authorized under section 3701.77 of the Revised Code, all	30098
moneys accepted under division (C) of that section shall be	30099
credited to the fund. Money in the fund shall be used solely to	30100
administer the lupus education and awareness program.	30101

Sec. 3701.87. The governor may authorize the department of	30102
health to enter into an agreement on behalf of the state with the	30103
United States secretary of health~~, education,~~ and ~~welfare~~human	30104
services whereby the department may serve as the agency for review	30105
of proposed capital expenditures by health care facilities	30106
pursuant to section 1122 of the "Social Security Act" as amended	30107
by Public Law 92-603, 42 U.S.C. 1320a-1, and the regulations	30108
adopted thereunder. Such agreement shall be subject to and include	30109
the following terms and conditions:	30110

(A) All applications, notices, requests for information, and	30111
other official communications shall be on written forms prescribed	30112
by and approved by the director of health ~~and approved by the~~	30113
~~public health council~~.	30114

(B) The ~~council~~director, subject to Chapter 119. of the	30115
Revised Code, shall propose, modify, amend, and adopt rules,	30116
standards, guidelines, and official policies which are consistent	30117
with federal law, as it deems necessary to implement the capital	30118
expenditures review program.	30119

(C) The director shall make all findings and recommendations	30120
required by federal law and shall give due consideration to the	30121
findings, reviews, and comments of areawide health planning	30122
agencies performing reviews pursuant to section 314 (b)(2) of the	30123
"Public Health Service Act," 42 U.S.C. 246, or the appropriate	30124
health systems agency.	30125

(D) The findings and recommendations of the director shall be	30126
in writing and shall clearly specify the provisions of the state	30127
health facilities plan with which any application is found to be	30128
inconsistent. Any applicant adversely affected by the findings and	30129
recommendations of the director may request a hearing before the	30130
~~council~~director pursuant to Chapter 119. of the Revised Code. The	30131
findings and recommendations of the ~~council~~director are an	30132
adjudication as defined in Chapter 119. of the Revised Code and	30133
may be appealed as provided in that chapter.	30134

Sec. 3701.881. (A) As used in this section:

30135

(1) "Applicant" means ~~both of the following:~~

30136

~~(a) A~~a person who is under final consideration for	30137
~~appointment to or~~ employment with a home health agency in a	30138
~~position as a person responsible for the care, custody, or control~~	30139
~~of a child;~~	30140

~~(b) A person who is under final consideration for employment~~	30141
~~with a home health agency in a~~ full-time, part-time, or temporary	30142
position that involves providing direct care to an ~~older adult~~	30143
individual or is referred to a home health agency by an employment	30144
service for such a position. ~~With regard to persons providing~~	30145
~~direct care to older adults, "applicant" does not include a person~~	30146
~~who provides direct care as a volunteer without receiving or~~	30147
~~expecting to receive any form of remuneration other than~~	30148
~~reimbursement for actual expenses.~~	30149

(2) "Community-based long-term care agency" has the same	30150
meaning as in section 173.39 of the Revised Code.	30151

(3) "Criminal records check" ~~and "older adult" have~~has the	30152
same ~~meanings~~meaning as in section 109.572 of the Revised Code.	30153

~~(3)~~(4) "Direct care" means any of the following:

30154

(a) Any service identified in divisions (A)(7)(a) to (f) of	30155
this section that is provided in a patient's place of residence	30156
used as the patient's home;	30157

(b) Any activity that requires the person performing the	30158
activity to be routinely alone with a patient or to routinely have	30159
access to a patient's personal property or financial documents	30160
regarding a patient;	30161

(c) For each home health agency individually, any other	30162
routine service or activity that the chief administrator of the	30163
home health agency designates as direct care.	30164

(5) "Disqualifying offense" means any of the offenses listed	30165
or described in divisions (A)(3)(a) to (e) of section 109.572 of	30166
the Revised Code.	30167

(6) "Employee" means a person employed by a home health	30168
agency in a full-time, part-time, or temporary position that	30169
involves providing direct care to an individual and a person who	30170
works in such a position due to being referred to a home health	30171
agency by an employment service.	30172

(7) "Home health agency" means a person or government entity,	30173
other than a nursing home, residential care facility, or hospice	30174
care program, that has the primary function of providing any of	30175
the following services to a patient at a place of residence used	30176
as the patient's home:	30177

(a) Skilled nursing care;

30178

(b) Physical therapy;

30179

30180

(d) Occupational therapy;

30181

(e) Medical social services;

30182

(f) Home health aide services.

30183

~~(4)~~(8) "Home health aide services" means any of the following	30184
services provided by an ~~individual employed with or contracted for~~	30185
byemployee of a home health agency:	30186

(a) Hands-on bathing or assistance with a tub bath or shower;

30187

(b) Assistance with dressing, ambulation, and toileting;

30188

30189

(d) Meal preparation and feeding.

30190

~~(5)~~(9) "Hospice care program" has the same meaning as in	30191
section 3712.01 of the Revised Code.	30192

~~(6)~~(10) "Medical social services" means services provided by	30193
a social worker under the direction of a patient's attending	30194
physician.	30195

~~(7)~~(11) "Minor drug possession offense" has the same meaning	30196
as in section 2925.01 of the Revised Code.	30197

~~(8)~~(12) "Nursing home," "residential care facility," and	30198
"skilled nursing care" have the same meanings as in section	30199
3721.01 of the Revised Code.	30200

~~(9)~~(13) "Occupational therapy" has the same meaning as in	30201
section 4755.04 of the Revised Code.	30202

~~(10)~~(14) "Physical therapy" has the same meaning as in	30203
section 4755.40 of the Revised Code.	30204

~~(11)~~(15) "Social worker" means a person licensed under	30205
Chapter 4757. of the Revised Code to practice as a social worker	30206
or independent social worker.	30207

~~(12)~~(16) "Speech-language pathology" has the same meaning as	30208
in section 4753.01 of the Revised Code.	30209

(17) "Waiver agency" has the same meaning as in section	30210
5111.033 of the Revised Code.	30211

(B) No home health agency shall employ an applicant or	30212
continue to employ an employee in a position that involves	30213
providing direct care to an individual if any of the following	30214
apply:	30215

(1) A review of the databases listed in division (D) of this	30216
section reveals any of the following:	30217

(a) That the applicant or employee is included in one or more	30218
of the databases listed in divisions (D)(1) to (5) of this	30219
section;	30220

(b) That there is in the state nurse aide registry	30221
established under section 3721.32 of the Revised Code a statement	30222
detailing findings by the director of health that the applicant or	30223
employee neglected or abused a long-term care facility or	30224
residential care facility resident or misappropriated property of	30225
such a resident;	30226

(c) That the applicant or employee is included in one or more	30227
of the databases, if any, specified in rules adopted under this	30228
section and the rules prohibit the home health agency from	30229
employing an applicant or continuing to employ an employee	30230
included in such a database in a position that involves providing	30231
direct care to an individual.	30232

(2) After the applicant or employee is provided, pursuant to	30233
division (E)(2)(a) of this section, a copy of the form prescribed	30234
pursuant to division (C)(1) of section 109.572 of the Revised Code	30235
and the standard impression sheet prescribed pursuant to division	30236
(C)(2) of that section, the applicant or employee fails to	30237
complete the form or provide the applicant's or employee's	30238
fingerprint impressions on the standard impression sheet.	30239

(3) Except as provided in rules adopted under this section,	30240
the applicant or employee is found by a criminal records check	30241
required by this section to have been convicted of, pleaded guilty	30242
to, or been found eligible for intervention in lieu of conviction	30243
for a disqualifying offense.	30244

(C) Except as provided by division (F) of this section, the	30245
chief administrator of a home health agency shall inform each	30246
applicant of both of the following at the time of the applicant's	30247
initial application for employment or referral to the home health	30248
agency by an employment service for a position that involves	30249
providing direct care to an individual:	30250

(1) That a review of the databases listed in division (D) of	30251
this section will be conducted to determine whether the home	30252
health agency is prohibited by division (B)(1) of this section	30253
from employing the applicant in the position;	30254

(2) That, unless the database review reveals that the	30255
applicant may not be employed in the position, a criminal records	30256
check of the applicant will be conducted and the applicant is	30257
required to provide a set of the applicant's fingerprint	30258
impressions as part of the criminal records check.	30259

(D) As a condition of employing any applicant in a position	30260
that involves providing direct care to an individual, the chief	30261
administrator of a home health agency shall conduct a database	30262
review of the applicant in accordance with rules adopted under	30263
this section. If rules adopted under this section so require, the	30264
chief administrator of a home health agency shall conduct a	30265
database review of an employee in accordance with the rules as a	30266
condition of continuing to employ the employee in a position that	30267
involves providing direct care to an individual. However, the	30268
chief administrator is not required to conduct a database review	30269
of an applicant or employee if division (F) of this section	30270
applies. A database review shall determine whether the applicant	30271
or employee is included in any of the following:	30272

(1) The excluded parties list system maintained by the United	30273
States general services administration pursuant to subpart 9.4 of	30274
the federal acquisition regulation;	30275

(2) The list of excluded individuals and entities maintained	30276
by the office of inspector general in the United States department	30277
of health and human services pursuant to section 1128 of the	30278
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	30279
amended, and section 1156 of the "Social Security Act," 96 Stat.	30280
388 (1982), 42 U.S.C. 1320c-5, as amended;	30281

(3) The registry of MR/DD employees established under section	30282
5123.52 of the Revised Code;	30283

(4) The internet-based sex offender and child-victim offender	30284
database established under division (A)(11) of section 2950.13 of	30285
the Revised Code;	30286

(5) The internet-based database of inmates established under	30287
section 5120.66 of the Revised Code;	30288

(6) The state nurse aide registry established under section	30289
3721.32 of the Revised Code;	30290

(7) Any other database, if any, specified in rules adopted	30291
under this section.	30292

(E)(1) ~~Except as provided in division (I) of this section~~As	30293
a condition of employing any applicant in a position that involves	30294
providing direct care to an individual, the chief administrator of	30295
a home health agency shall request the superintendent of the	30296
bureau of criminal identification and investigation to conduct a	30297
criminal records check ~~with respect to each~~of the applicant. If	30298
~~the position may involve both responsibility for the care,~~	30299
~~custody, or control of a child and provision of direct care to an~~	30300
~~older adult, the chief administrator shall request that the~~	30301
~~superintendent conduct a single criminal records check for the~~	30302
~~applicant.~~If rules adopted under this section so require, the	30303
chief administrator of a home health agency shall request the	30304
superintendent to conduct a criminal records check of an employee	30305
at times specified in the rules as a condition of continuing to	30306
employ the employee in a position that involves providing direct	30307
care to an individual. However, the chief administrator is not	30308
required to request the criminal records check of the applicant or	30309
the employee if division (F) of this section applies or the home	30310
health agency is prohibited by division (B)(1) of this section	30311
from employing the applicant or continuing to employ the employee	30312
in a position that involves providing direct care to an	30313
individual. If an applicant or employee for whom a criminal	30314
records check request is required ~~under~~by this ~~division~~section	30315
does not present proof of having been a resident of this state for	30316
the five-year period immediately prior to the date upon which the	30317
criminal records check is requested or does not provide evidence	30318
that within that five-year period the superintendent has requested	30319
information about the applicant from the federal bureau of	30320
investigation in a criminal records check, the chief administrator	30321
shall request that the superintendent obtain information from the	30322
federal bureau of investigation as a part of the criminal records	30323
check ~~for the applicant~~. Even if an applicant or employee for whom	30324
a criminal records check request is required ~~under~~by this	30325
~~division~~section presents proof that the applicant or employee has	30326
been a resident of this state for that five-year period, the chief	30327
administrator may request that the superintendent include	30328
information from the federal bureau of investigation in the	30329
criminal records check.	30330

(2) ~~Any person required by division (B)(1) of this section to~~	30331
~~request a criminal records check~~The chief administrator shall	30332
~~provide~~do all of the following:	30333

(a) Provide to each applicant and employee for whom a	30334
criminal records check request is required ~~under that division~~by	30335
this section a copy of the form prescribed pursuant to division	30336
(C)(1) of section 109.572 of the Revised Code and a standard	30337
impression sheet prescribed pursuant to division (C)(2) of that	30338
section ~~109.572 of the Revised Code, obtain~~;	30339

(b) Obtain the completed form and standard impression sheet	30340
from each applicant, and ~~forward~~employee;	30341

(c) Forward the completed form and standard impression sheet	30342
to the superintendent ~~of the bureau of criminal identification and~~	30343
~~investigation~~ at the time the chief administrator requests athe	30344
criminal records check ~~pursuant to division (B)(1) of this~~	30345
~~section~~.	30346

(3) ~~An applicant who receives pursuant to division (B)(2) of~~	30347
~~this section a copy of the form prescribed pursuant to division~~	30348
~~(C)(1) of section 109.572 of the Revised Code and a copy of an~~	30349
~~impression sheet prescribed pursuant to division (C)(2) of that~~	30350
~~section and who is requested to complete the form and provide a~~	30351
~~set of fingerprint impressions shall complete the form or provide~~	30352
~~all the information necessary to complete the form and shall~~	30353
~~provide the impression sheets with the impressions of the~~	30354
~~applicant's fingerprints. If an applicant, upon request, fails to~~	30355
~~provide the information necessary to complete the form or fails to~~	30356
~~provide fingerprint impressions, the home health agency shall not~~	30357
~~employ that applicant for any position for which a criminal~~	30358
~~records check is required by division (B)(1) of this section.~~	30359

~~(C)(1) Except as provided in rules adopted by the department~~	30360
~~of health in accordance with division (F) of this section and~~	30361
~~subject to division (C)(3) of this section, no home health agency~~	30362
~~shall employ a person as a person responsible for the care,~~	30363
~~custody, or control of a child if the person previously has been~~	30364
~~convicted of or pleaded guilty to any of the following:~~	30365

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	30366
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	30367
~~2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,~~	30368
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,~~	30369
~~2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,~~	30370
~~2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,~~	30371
~~2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,~~	30372
~~2925.06, or 3716.11 of the Revised Code, a violation of section~~	30373
~~2905.04 of the Revised Code as it existed prior to July 1, 1996, a~~	30374
~~violation of section 2919.23 of the Revised Code that would have~~	30375
~~been a violation of section 2905.04 of the Revised Code as it~~	30376
~~existed prior to July 1, 1996, had the violation been committed~~	30377
~~prior to that date, a violation of section 2925.11 of the Revised~~	30378
~~Code that is not a minor drug possession offense, or felonious~~	30379
~~sexual penetration in violation of former section 2907.12 of the~~	30380
~~Revised Code;~~	30381

~~(b) A violation of an existing or former law of this state,~~	30382
~~any other state, or the United States that is substantially~~	30383
~~equivalent to any of the offenses listed in division (C)(1)(a) of~~	30384
~~this section.~~	30385

~~(2) Except as provided in rules adopted by the department of~~	30386
~~health in accordance with division (F) of this section and subject~~	30387
~~to division (C)(3) of this section, no home health agency shall~~	30388
~~employ a person in a position that involves providing direct care~~	30389
~~to an older adult if the person previously has been convicted of~~	30390
~~or pleaded guilty to any of the following:~~	30391

~~(a) A violation of section 2903.01, 2903.02, 2903.03,~~	30392
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	30393
~~2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,~~	30394
~~2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,~~	30395
~~2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,~~	30396
~~2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,~~	30397
~~2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,~~	30398
~~2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,~~	30399
~~2925.22, 2925.23, or 3716.11 of the Revised Code.~~	30400

~~(b) A violation of an existing or former law of this state,~~	30401
~~any other state, or the United States that is substantially~~	30402
~~equivalent to any of the offenses listed in division (C)(2)(a) of~~	30403
~~this section.~~	30404

~~(3)(a)~~A home health agency shall pay to the bureau of	30405
criminal identification and investigation the fee prescribed	30406
pursuant to division (C)(3) of section 109.572 of the Revised Code	30407
for each criminal records check the agency requests under this	30408
section. A home health agency may charge an applicant a fee not	30409
exceeding the amount the agency pays to the bureau under this	30410
section if both of the following apply:	30411

(a) The home health agency notifies the applicant at the time	30412
of initial application for employment of the amount of the fee and	30413
that, unless the fee is paid, the applicant will not be considered	30414
for employment.	30415

(b) The medicaid program established under Chapter 5111. of	30416
the Revised Code does not reimburse the home health agency for the	30417
fee it pays to the bureau under this section.	30418

(F) Divisions (C) to (E) of this section do not apply with	30419
regard to an applicant or employee if the applicant or employee is	30420
referred to a home health agency by an employment service that	30421
supplies full-time, part-time, or temporary staff for positions	30422
that involve providing direct care to an individual and both of	30423
the following apply:	30424

(1) The chief administrator of the home health agency	30425
receives from the employment service confirmation that a review of	30426
the databases listed in division (D) of this section was conducted	30427
with regard to the applicant or employee.	30428

(2) The chief administrator of the home health agency	30429
receives from the employment service, applicant, or employee a	30430
report of the results of a criminal records check of the applicant	30431
or employee that has been conducted by the superintendent within	30432
the one-year period immediately preceding the following:	30433

(a) In the case of an applicant, the date of the applicant's	30434
referral by the employment service to the home health agency;	30435

(b) In the case of an employee, the date by which the home	30436
health agency would otherwise have to request a criminal records	30437
check of the employee under division (E) of this section.	30438

(G)(1) A home health agency may employ conditionally an	30439
applicant for whom a criminal records check request is required	30440
~~under division (B) of~~by this section ~~as a person responsible for~~	30441
~~the care, custody, or control of a child until the criminal~~	30442
~~records check regarding the applicant required by this section is~~	30443
~~completed and the agency receives~~before obtaining the results of	30444
the criminal records check if the agency is not prohibited by	30445
division (B) of this section from employing the applicant in a	30446
position that involves providing direct care to an individual and	30447
either of the following applies:	30448

(a) The chief administrator of the home health agency	30449
requests the criminal records check in accordance with division	30450
(E) of this section not later than five business days after the	30451
applicant begins conditional employment.	30452

(b) The applicant is referred to the home health agency by an	30453
employment service, the employment service or the applicant	30454
provides the chief administrator of the agency a letter that is on	30455
the letterhead of the employment service, the letter is dated and	30456
signed by a supervisor or another designated official of the	30457
employment service, and the letter states all of the following:	30458

(i) That the employment service has requested the	30459
superintendent to conduct a criminal records check regarding the	30460
applicant;	30461

(ii) That the requested criminal records check is to include	30462
a determination of whether the applicant has been convicted of,	30463
pleaded guilty to, or been found eligible for intervention in lieu	30464
of conviction for a disqualifying offense;	30465

(iii) That the employment service has not received the	30466
results of the criminal records check as of the date set forth on	30467
the letter;	30468

(iv) That the employment service promptly will send a copy of	30469
the results of the criminal records check to the chief	30470
administrator of the home health agency when the employment	30471
service receives the results.	30472

(2) If a home health agency employs an applicant	30473
conditionally pursuant to division (G)(1)(b) of this section, the	30474
employment service, on its receipt of the results of the criminal	30475
records check, promptly shall send a copy of the results to the	30476
chief administrator of the agency. ~~If the results of the criminal~~	30477
~~records check indicate that, pursuant to division (C)(1) of this~~	30478
~~section, the applicant does not qualify for employment, the agency~~	30479
~~shall release the applicant from employment unless the agency~~	30480
~~chooses to employ the applicant pursuant to division (F) of this~~	30481
~~section.~~	30482

~~(b)(i) A home health agency may employ conditionally an~~	30483
~~applicant for whom a criminal records check request is required~~	30484
~~under division (B) of this section in a position that involves~~	30485
~~providing direct care to an older adult or in a position that~~	30486
~~involves both responsibility for the care, custody, and control of~~	30487
~~a child and the provision of direct care to older adults prior to~~	30488
~~obtaining the results of a criminal records check regarding the~~	30489
~~individual, provided that the agency shall request a criminal~~	30490
~~records check regarding the individual in accordance with division~~	30491
~~(B)(1) of this section not later than five business days after the~~	30492
~~individual begins conditional employment. In the circumstances~~	30493
~~described in division (I)(2) of this section, a home health agency~~	30494
~~may employ conditionally in a position that involves providing~~	30495
~~direct care to an older adult an applicant who has been referred~~	30496
~~to the home health agency by an employment service that supplies~~	30497
~~full-time, part-time, or temporary staff for positions involving~~	30498
~~the direct care of older adults and for whom, pursuant to that~~	30499
~~division, a criminal records check is not required under division~~	30500
~~(B) of this section. In the circumstances described in division~~	30501
~~(I)(4) of this section, a home health agency may employ~~	30502
~~conditionally in a position that involves both responsibility for~~	30503
~~the care, custody, and control of a child and the provision of~~	30504
~~direct care to older adults an applicant who has been referred to~~	30505
~~the home health agency by an employment service that supplies~~	30506
~~full-time, part-time, or temporary staff for positions involving~~	30507
~~both responsibility for the care, custody, and control of a child~~	30508
~~and the provision of direct care to older adults and for whom,~~	30509
~~pursuant to that division, a criminal records check is not~~	30510
~~required under division (B) of this section.~~	30511

~~(ii)~~(3) A home health agency that employs an ~~individual~~	30512
applicant conditionally ~~under authority of~~pursuant to division	30513
~~(C)(3)(b)(i)~~(G)(1)(a) or (b) of this section shall terminate the	30514
~~individual's~~applicant's employment if the results of the criminal	30515
records check ~~requested under division (B)(1) of this section or~~	30516
~~described in division (I)(2) or (4) of this section~~, other than	30517
the results of any request for information from the federal bureau	30518
of investigation, are not obtained within the period ending ~~thirty~~	30519
sixty days after the date the request for the criminal records	30520
check is made. Regardless of when the results of the criminal	30521
records check are obtained, if the ~~individual was employed~~	30522
~~conditionally in a position that involves the provision of direct~~	30523
~~care to older adults and the~~ results indicate that the ~~individual~~	30524
applicant has been convicted of or, pleaded guilty to ~~any of the~~	30525
~~offenses listed or described in division (C)(2) of this section,~~	30526
~~or if the individual was employed conditionally in a position that~~	30527
~~involves both responsibility for the care, custody, and control of~~	30528
~~a child and the provision of direct care to older adults and the~~	30529
~~results indicate that the individual has been convicted of or~~	30530
~~pleaded guilty to any of the offenses listed or described in~~	30531
~~division (C)(1) or (2) of this section~~, or been found eligible for	30532
intervention in lieu of conviction for a disqualifying offense,	30533
the home health agency shall terminate the ~~individual's~~	30534
applicant's employment unless circumstances specified in rules	30535
adopted under this section that permit the agency to employ the	30536
applicant exist and the agency chooses to employ the ~~individual~~	30537
~~pursuant to division (F) of this section~~applicant. Termination of	30538
employment under this division shall be considered just cause for	30539
discharge for purposes of division (D)(2) of section 4141.29 of	30540
the Revised Code if the ~~individual~~applicant makes any attempt to	30541
deceive the home health agency about the ~~individual's~~applicant's	30542
criminal record.	30543

~~(D)(1) Each home health agency shall pay to the bureau of~~	30544
~~criminal identification and investigation the fee prescribed~~	30545
~~pursuant to division (C)(3) of section 109.572 of the Revised Code~~	30546
~~for each criminal records check conducted in accordance with that~~	30547
~~section upon the request pursuant to division (B)(1) of this~~	30548
~~section of the chief administrator of the home health agency.~~	30549

~~(2) A home health agency may charge an applicant a fee for~~	30550
~~the costs it incurs in obtaining a criminal records check under~~	30551
~~this section, unless the medical assistance program established~~	30552
~~under Chapter 5111. of the Revised Code reimburses the agency for~~	30553
~~the costs. A fee charged under division (D)(2) of this section~~	30554
~~shall not exceed the amount of fees the agency pays under division~~	30555
~~(D)(1) of this section. If a fee is charged under division (D)(2)~~	30556
~~of this section, the agency shall notify the applicant at the time~~	30557
~~of the applicant's initial application for employment of the~~	30558
~~amount of the fee and that, unless the fee is paid, the agency~~	30559
~~will not consider the applicant for employment.~~	30560

~~(E)~~(H) The report of any criminal records check conducted by	30561
the bureau of criminal identification and investigation in	30562
accordance with section 109.572 of the Revised Code and pursuant	30563
to a request made under ~~division (B)(1) of~~ this section is not a	30564
public record for the purposes of section 149.43 of the Revised	30565
Code and shall not be made available to any person other than the	30566
following:	30567

(1) The ~~individual~~applicant or employee who is the subject	30568
of the criminal records check or the ~~individual's~~applicant's or	30569
employee's representative;	30570

(2) The home health agency requesting the criminal records	30571
check or its representative;	30572

(3) The administrator of any other facility, agency, or	30573
program that provides direct care to ~~older adults~~individuals that	30574
is owned or operated by the same entity that owns or operates the	30575
home health agency that requested the criminal records check;	30576

(4) The employment service that requested the criminal	30577
records check;	30578

(5) The director of health and the staff of the department of	30579
health who monitor a home health agency's compliance with this	30580
section;	30581

(6) The director of aging or the director's designee if	30582
either of the following apply:	30583

(a) In the case of a criminal records check requested by a	30584
home health agency, the home health agency also is a	30585
community-based long-term care agency;	30586

(b) In the case of a criminal records check requested by an	30587
employment service, the employment service makes the request for	30588
an applicant or employee the employment service refers to a home	30589
health agency that also is a community-based long-term care	30590
agency.	30591

(7) The director of job and family services and the staff of	30592
the department of job and family services who are involved in the	30593
administration of the medicaid program if either of the following	30594
apply:	30595

(a) In the case of a criminal records check requested by a	30596
home health agency, the home health agency also is a waiver	30597
agency;	30598

(b) In the case of a criminal records check requested by an	30599
employment service, the employment service makes the request for	30600
an applicant or employee the employment service refers to a home	30601
health agency that also is a waiver agency.	30602

(8) Any court, hearing officer, or other necessary individual	30603
involved in a case dealing with aany of the following:	30604

(a) A denial of employment of the applicant or ~~dealing with~~	30605
~~employment~~employee;	30606

(b) Employment or unemployment benefits of the applicant or	30607
employee;	30608

~~(5) Any person to whom the report is provided pursuant to,~~	30609
~~and in accordance with, division (I)(1), (2), (3), or (4) of this~~	30610
~~section~~(c) A civil or criminal action regarding the medicaid	30611
program.	30612

~~(F) The department of health shall adopt rules in accordance~~	30613
~~with Chapter 119. of the Revised Code to implement this section.~~	30614
~~The rules shall specify circumstances under which the home health~~	30615
~~agency may employ a person who has been convicted of or pleaded~~	30616
~~guilty to an offense listed or described in division (C)(1) of~~	30617
~~this section but who meets standards in regard to rehabilitation~~	30618
~~set by the department or employ a person who has been convicted of~~	30619
~~or pleaded guilty to an offense listed or described in division~~	30620
~~(C)(2) of this section but meets personal character standards set~~	30621
~~by the department.~~	30622

~~(G) Any person required by division (B)(1) of this section to~~	30623
~~request a criminal records check shall inform each person, at the~~	30624
~~time of initial application for employment that the person is~~	30625
~~required to provide a set of fingerprint impressions and that a~~	30626
~~criminal records check is required to be conducted and~~	30627
~~satisfactorily completed in accordance with section 109.572 of the~~	30628
~~Revised Code if the person comes under final consideration for~~	30629
~~appointment or employment as a precondition to employment for that~~	30630
~~position.~~	30631

~~(H)~~(I) In a tort or other civil action for damages that is	30632
brought as the result of an injury, death, or loss to person or	30633
property caused by an ~~individual~~applicant or employee who a home	30634
health agency employs in a position that involves providing direct	30635
care to ~~older adults~~an individual, all of the following shall	30636
apply:	30637

(1) If the home health agency employed the ~~individual~~	30638
applicant or employee in good faith and reasonable reliance on the	30639
report of a criminal records check requested under this section,	30640
the agency shall not be found negligent solely because of its	30641
reliance on the report, even if the information in the report is	30642
determined later to have been incomplete or inaccurate;.	30643

(2) If the home health agency employed the ~~individual~~	30644
applicant in good faith on a conditional basis pursuant to	30645
division ~~(C)(3)(b)~~(G) of this section, the agency shall not be	30646
found negligent solely because it employed the ~~individual~~	30647
applicant prior to receiving the report of a criminal records	30648
check requested under this section;.	30649

(3) If the home health agency in good faith employed the	30650
~~individual~~applicant or employee according to the personal	30651
character standards established in rules adopted under ~~division~~	30652
~~(F) of~~ this section, the agency shall not be found negligent	30653
solely because the ~~individual prior to being employed~~applicant or	30654
employee had been convicted of or, pleaded guilty to an, or been	30655
found eligible for intervention in lieu of conviction for a	30656
disqualifying offense ~~listed or described in division (C)(1) or~~	30657
~~(2) of this section~~.	30658

~~(I)(1) The chief administrator of a home health agency is not~~	30659
~~required to request that the superintendent of the bureau of~~	30660
~~criminal identification and investigation conduct a criminal~~	30661
~~records check of an applicant for a position that involves the~~	30662
~~provision of direct care to older adults if the applicant has been~~	30663
~~referred to the agency by an employment service that supplies~~	30664
~~full-time, part-time, or temporary staff for positions involving~~	30665
~~the direct care of older adults and both of the following apply:~~	30666

~~(a) The chief administrator receives from the employment~~	30667
~~service or the applicant a report of the results of a criminal~~	30668
~~records check regarding the applicant that has been conducted by~~	30669
~~the superintendent within the one-year period immediately~~	30670
~~preceding the applicant's referral;~~	30671

~~(b) The report of the criminal records check demonstrates~~	30672
~~that the person has not been convicted of or pleaded guilty to an~~	30673
~~offense listed or described in division (C)(2) of this section, or~~	30674
~~the report demonstrates that the person has been convicted of or~~	30675
~~pleaded guilty to one or more of those offenses, but the home~~	30676
~~health agency chooses to employ the individual pursuant to~~	30677
~~division (F) of this section.~~	30678

~~(2) The chief administrator of a home health agency is not~~	30679
~~required to request that the superintendent of the bureau of~~	30680
~~criminal identification and investigation conduct a criminal~~	30681
~~records check of an applicant for a position that involves~~	30682
~~providing direct care to older adults and may employ the applicant~~	30683
~~conditionally in a position of that nature as described in this~~	30684
~~division, if the applicant has been referred to the agency by an~~	30685
~~employment service that supplies full-time, part-time, or~~	30686
~~temporary staff for positions involving the direct care of older~~	30687
~~adults and if the chief administrator receives from the employment~~	30688
~~service or the applicant a letter from the employment service that~~	30689
~~is on the letterhead of the employment service, dated, and signed~~	30690
~~by a supervisor or another designated official of the employment~~	30691
~~service and that states that the employment service has requested~~	30692
~~the superintendent to conduct a criminal records check regarding~~	30693
~~the applicant, that the requested criminal records check will~~	30694
~~include a determination of whether the applicant has been~~	30695
~~convicted of or pleaded guilty to any offense listed or described~~	30696
~~in division (C)(2) of this section, that, as of the date set forth~~	30697
~~on the letter, the employment service had not received the results~~	30698
~~of the criminal records check, and that, when the employment~~	30699
~~service receives the results of the criminal records check, it~~	30700
~~promptly will send a copy of the results to the home health~~	30701
~~agency. If a home health agency employs an applicant conditionally~~	30702
~~in accordance with this division, the employment service, upon its~~	30703
~~receipt of the results of the criminal records check, promptly~~	30704
~~shall send a copy of the results to the home health agency, and~~	30705
~~division (C)(3)(b) of this section applies regarding the~~	30706
~~conditional employment.~~	30707

~~(3) The chief administrator of a home health agency is not~~	30708
~~required to request that the superintendent of the bureau of~~	30709
~~criminal identification and investigation conduct a criminal~~	30710
~~records check of an applicant for a position that involves both~~	30711
~~responsibility for the care, custody, and control of a child and~~	30712
~~the provision of direct care to older adults if the applicant has~~	30713
~~been referred to the agency by an employment service that supplies~~	30714
~~full-time, part-time, or temporary staff for positions involving~~	30715
~~both responsibility for the care, custody, and control of a child~~	30716
~~and the provision of direct care to older adults and both of the~~	30717
~~following apply:~~	30718

~~(a) The chief administrator receives from the employment~~	30719
~~service or applicant a report of a criminal records check of the~~	30720
~~type described in division (I)(1)(a) of this section;~~	30721

~~(b) The report of the criminal records check demonstrates~~	30722
~~that the person has not been convicted of or pleaded guilty to an~~	30723
~~offense listed or described in division (C)(1) or (2) of this~~	30724
~~section, or the report demonstrates that the person has been~~	30725
~~convicted of or pleaded guilty to one or more of those offenses,~~	30726
~~but the home health agency chooses to employ the individual~~	30727
~~pursuant to division (F) of this section.~~	30728

~~(4) The chief administrator of a home health agency is not~~	30729
~~required to request that the superintendent of the bureau of~~	30730
~~criminal identification and investigation conduct a criminal~~	30731
~~records check of an applicant for a position that involves both~~	30732
~~responsibility for the care, custody, and control of a child and~~	30733
~~the provision of direct care to older adults and may employ the~~	30734
~~applicant conditionally in a position of that nature as described~~	30735
~~in this division, if the applicant has been referred to the agency~~	30736
~~by an employment service that supplies full-time, part-time, or~~	30737
~~temporary staff for positions involving both responsibility for~~	30738
~~the care, custody, and control of a child and the direct care of~~	30739
~~older adults and if the chief administrator receives from the~~	30740
~~employment service or the applicant a letter from the employment~~	30741
~~service that is on the letterhead of the employment service,~~	30742
~~dated, and signed by a supervisor or another designated official~~	30743
~~of the employment service and that states that the employment~~	30744
~~service has requested the superintendent to conduct a criminal~~	30745
~~records check regarding the applicant, that the requested criminal~~	30746
~~records check will include a determination of whether the~~	30747
~~applicant has been convicted of or pleaded guilty to any offense~~	30748
~~listed or described in division (C)(1) or (2) of this section,~~	30749
~~that, as of the date set forth on the letter, the employment~~	30750
~~service had not received the results of the criminal records~~	30751
~~check, and that, when the employment service receives the results~~	30752
~~of the criminal records check, it promptly will send a copy of the~~	30753
~~results to the home health agency. If a home health agency employs~~	30754
~~an applicant conditionally in accordance with this division, the~~	30755
~~employment service, upon its receipt of the results of the~~	30756
~~criminal records check, promptly shall send a copy of the results~~	30757
~~to the home health agency, and division (C)(3)(b) of this section~~	30758
~~applies regarding the conditional employment.~~	30759

(J) The director of health shall adopt rules in accordance	30760
with Chapter 119. of the Revised Code to implement this section.	30761

(1) The rules may do the following:

30762

(a) Require employees to undergo database reviews and	30763
criminal records checks under this section;	30764

(b) If the rules require employees to undergo database	30765
reviews and criminal records checks under this section, exempt one	30766
or more classes of employees from the requirements;	30767

(c) For the purpose of division (D)(7) of this section,	30768
specify other databases that are to be checked as part of a	30769
database review conducted under this section.	30770

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

30771

(a) The procedures for conducting database reviews under this	30772
section;	30773

(b) If the rules require employees to undergo database	30774
reviews and criminal records checks under this section, the times	30775
at which the database reviews and criminal records checks are to	30776
be conducted;	30777

(c) If the rules specify other databases to be checked as	30778
part of the database reviews, the circumstances under which a home	30779
health agency is prohibited from employing an applicant or	30780
continuing to employ an employee who is found by a database review	30781
to be included in one or more of those databases;	30782

(d) Circumstances under which a home health agency may employ	30783
an applicant or employee who is found by a criminal records check	30784
required by this section to have been convicted of, pleaded guilty	30785
to, or been found eligible for intervention in lieu of conviction	30786
for a disqualifying offense but meets personal character	30787
standards.	30788

~~Sec. 185.01.~~ Sec. 3701.92. As used in ~~this chapter~~sections	30789
3701.921 to 3701.929 of the Revised Code:	30790

(A) "Advanced practice nurse" has the same meaning as in	30791
section 4723.01 of the Revised Code.	30792

(B) ~~"Collaboration" has the same meaning as in section~~	30793
~~4723.01 of the Revised Code.~~	30794

~~(C)~~ "Patient centered medical home education advisory group"	30795
means the entity established under section ~~185.03~~3701.924 of the	30796
Revised Code ~~to implement and administer the patient centered~~	30797
~~medical home education pilot project~~.	30798

(D) "Patient centered medical home education program" means	30799
the program established under section 3701.921 of the Revised Code	30800
and any pilot projects operated pursuant to that section.	30801

(E) "Patient centered medical home education pilot project"	30802
means the pilot project established under section ~~185.02~~3701.923	30803
of the Revised Code.	30804

(F) "Physician assistant" has the same meaning as in section	30805
4730.01 of the Revised Code.	30806

Sec. 3701.921. There is hereby established the patient	30807
centered medical home education program in the department of	30808
health. For the purpose of advancing education in the patient	30809
centered medical home model of care, the director of health may	30810
implement and administer the program pursuant to sections 3701.922	30811
to 3701.929 of the Revised Code. The patient centered medical home	30812
model of care is an enhanced model of primary care in which care	30813
teams attend to the multifaceted needs of patients, providing	30814
whole person comprehensive and coordinate patient centered care.	30815

To the extent that funds are available, the program shall	30816
include the patient centered medical home education pilot project	30817
and may include any other pilot projects the director establishes	30818
pursuant to division (A)(3) of section 3701.922 of the Revised	30819
Code.	30820

Sec. 3701.922. (A) The director of health may do any of the	30821
following to implement and administer the patient centered medical	30822
home education program:	30823

(1) Develop and implement programs of education or training	30824
on the patient centered medical home model of care or other	30825
similar enhanced models of coordinated patient centered care that	30826
are intended to address the multifaceted needs of patients and	30827
provide whole person comprehensive and coordinated patient	30828
centered care;	30829

(2) Advise, consult, cooperate with, and assist, by contract	30830
or other arrangement, government agencies or institutions or	30831
private organizations, corporations, or associations in the	30832
development and promotion of programs pertaining to the evaluation	30833
and implementation of the patient centered medical home model of	30834
care or other similar enhanced models of coordinated patient	30835
centered care;	30836

(3) Establish pilot projects that do any of the following:

30837

(a) Evaluate or implement the patient centered medical home	30838
model of care or other similar enhanced models of coordinated	30839
patient centered care;	30840

(b) Provide education or training on the patient centered	30841
medical home model of care or other similar enhanced models of	30842
coordinated patient centered care.	30843

(4) Seek and administer state funds or grants from other	30844
sources to carry out any functions of the patient centered medical	30845
home education program.	30846

Any funds or grants received by the director for purposes of	30847
the program shall be used for the program.	30848

(B) The director may adopt rules as necessary to implement	30849
and administer the patient centered medical home education	30850
program, including rules that define what constitutes a "patient	30851
centered medical home" for purposes of an entity authorized to	30852
provide care coordination services. The rules shall be adopted in	30853
accordance with Chapter 119. of the Revised Code.	30854

~~Sec. 185.02.~~ Sec. 3701.923. (A) ~~There is hereby established the~~	30855
~~patient centered medical home education pilot project. The pilot~~	30856
~~project shall be implemented and administered by the patient~~	30857
~~centered medical home education advisory group.~~	30858

~~(B) The pilot project shall be operated to advance medical~~	30859
~~education in the patient centered medical home model of care. The~~	30860
~~patient centered medical home model of care is an enhanced model~~	30861
~~of primary care in which care teams attend to the multifaceted~~	30862
~~needs of patients, providing whole person comprehensive and~~	30863
~~coordinated patient centered care.~~	30864

~~(C)~~To the extent that funds are available, the director of	30865
health shall establish the patient centered medical home education	30866
pilot project. If the director establishes the project, all of the	30867
following apply:	30868

(1) The director shall select practices led by physicians and	30869
primary care practices led by advanced practice nurses to	30870
participate in the project. The director may consider the	30871
recommendations of the advisory group made in accordance with	30872
section 3701.925 of the Revised Code, but may not select a	30873
practice unless the practice complies with any applicable	30874
requirements under section 3701.926 of the Revised Code.	30875

(2) The director shall conduct the project in a manner that	30876
advances education in the patient centered medical home model of	30877
care.	30878

(3) The director shall evaluate all of the following:

30879

(a) Learning opportunities generated by the project;

30880

(b) Training of physicians and advanced practice nurses under	30881
the project;	30882

30883

(d) The extent to which the project met the expected outcomes	30884
developed under division (A) of section 3701.924 of the Revised	30885
Code.	30886

(4) The director shall assess and review results of the	30887
project.	30888

(5) The director shall recommend best practices and	30889
opportunities for improving technology, education, comprehensive	30890
training, consultation, and technical assistance for health care	30891
service providers in the patient centered medical home model of	30892
care.	30893

(B) The director may contract with an entity that has	30894
significant experience in assisting physician-led practices and	30895
advanced practice nurse-led primary care practices in	30896
transitioning to the patient centered medical home model of care.	30897
The contract shall require the entity to do both of the following:	30898

(1) Provide, to each practice that enters into a contract	30899
with the director pursuant to section 3701.927 of the Revised	30900
Code, comprehensive training, consultation, and technical	30901
assistance in the operation of a patient centered medical home,	30902
including assistance with leadership training, scheduling changes,	30903
staff support, and care management for chronic health conditions;	30904

(2) Assist the director in identifying necessary financial	30905
and operational requirements and any barriers or challenges	30906
associated with transitioning to a patient centered medical home	30907
model of care.	30908

(C) The project established under this section shall begin	30909
not later than the date the first practice enters into a contract	30910
with the director pursuant to section 3701.927 of the Revised Code	30911
and shall cease not later than the date the final report is	30912
submitted pursuant to division (B)(3) of section 3701.929 of the	30913
Revised Code.	30914

(D) The ~~pilot~~ project shall not be operated in a manner that	30915
requires a patient, unless otherwise required by the Revised Code,	30916
to receive a referral from a physician in a practice selected for	30917
inclusion in the pilot project under division (A)(1) of this	30918
section ~~185.05 of the Revised Code~~ as a condition of being	30919
authorized to receive specialized health care services from an	30920
individual licensed or certified under Title XLVII of the Revised	30921
Code to provide those services.	30922

~~Sec. 185.03.~~ Sec. 3701.924. (A) The patient centered medical home	30923
education advisory group is hereby created for the purpose of	30924
~~implementing and administering~~advising the director of health on	30925
the implementation and administration of the patient centered	30926
medical home ~~pilot project~~education program. The advisory group	30927
shall develop and provide to the director a set of expected	30928
outcomes for the pilot project. The advisory group shall consider	30929
and provide other recommendations to the director and complete	30930
other duties as the director considers appropriate.	30931

(B) The advisory group shall consist of the following ~~voting~~	30932
members:	30933

(1) The following members appointed by the director of	30934
health:	30935

~~(1)~~(a) One individual with expertise in the training and	30936
education of primary care physicians ~~who is appointed~~recommended	30937
by the dean of the university of Toledo college of medicine;	30938

~~(2)~~(b) One individual with expertise in the training and	30939
education of primary care physicians ~~who is appointed~~recommended	30940
by the dean of the Boonshoft school of medicine at Wright state	30941
university;	30942

~~(3)~~(c) One individual with expertise in the training and	30943
education of primary care physicians ~~who is appointed~~recommended	30944
by the president and dean of the northeast Ohio medical	30945
university;	30946

~~(4)~~(d) One individual with expertise in the training and	30947
education of primary care physicians ~~who is appointed~~recommended	30948
by the dean of the Ohio university college of osteopathic	30949
medicine;	30950

~~(5)~~(e) Two individuals ~~appointed~~recommended by the governing	30951
board of the Ohio academy of family physicians;	30952

~~(6)~~(f) One individual ~~appointed~~recommended by the governing	30953
board of the Ohio chapter of the American college of physicians;	30954

~~(7)~~(g) One individual ~~appointed~~recommended by the governing	30955
board of the Ohio chapter of the American academy of pediatrics;	30956

~~(8)~~(h) One individual ~~appointed~~recommended by the governing	30957
board of the Ohio osteopathic association;	30958

~~(9)~~(i) One individual with expertise in the training and	30959
education of advanced practice nurses ~~who is appointed~~,	30960
recommended by the governing board of the Ohio council of deans	30961
and directors of baccalaureate and higher degree programs in	30962
nursing;	30963

~~(10)~~(j) One individual ~~appointed~~recommended by the governing	30964
board of the Ohio nurses association;	30965

~~(11)~~(k) One individual ~~appointed~~recommended by the governing	30966
board of the Ohio association of advanced practice nurses;	30967

~~(12)~~(l) One individual ~~appointed~~recommended by the governing	30968
board of the Ohio council for home care and hospice;	30969

~~(13)~~(m) One individual ~~appointed~~recommended by the	30970
superintendent of insurance;	30971

(n) An employee of the department of health;

30972

(o) Not more than five additional members who have relevant	30973
expertise that the director considers appropriate.	30974

~~(C)~~(2) The ~~advisory group shall consist of the~~ following	30975
~~nonvoting, ex officio~~ members:	30976

~~(1)~~(a) The executive director of the state medical board, or	30977
the director's designee;	30978

~~(2)~~(b) The executive director of the board of nursing or the	30979
director's designee;	30980

~~(3)~~(c) The chancellor of the Ohio board of regents, or the	30981
chancellor's designee;	30982

~~(4)~~(d) The ~~individual within the department of job and family~~	30983
~~services who serves as the~~medical assistance director of	30984
~~medicaid~~, or the director's designee;	30985

~~(5) The director of health or the director's designee~~.

30986

~~(D) Advisory group members who are appointed shall serve at~~	30987
~~the pleasure of their appointing authorities. Terms of office of~~	30988
~~appointed members shall be three years, except that a member's~~	30989
~~term ends if the pilot project ceases operation during the~~	30990
~~member's term.~~	30991

(C)(1) In making the original appointments of the members	30992
specified in divisions (B)(1)(a) to (m) of this section, the	30993
director shall appoint the member who served in that capacity in	30994
the patient centered medical home advisory group, as it existed	30995
immediately prior to the effective date of this section. If for	30996
any reason the member who served immediately prior to the	30997
effective date of this section is unable to serve on the advisory	30998
group, the director shall request from the specified recommending	30999
authority a list of not less than two persons qualified to serve	31000
as members of the advisory group. The director shall appoint as a	31001
member one person from the list submitted by the recommending	31002
authority.	31003

(2) The advisory group members specified in divisions	31004
(B)(1)(a) to (m) of this section shall serve at the pleasure of	31005
the director, in consultation with their respective recommending	31006
authorities.	31007

(3) Vacancies shall be filled in the manner provided for	31008
original appointments.	31009

(D) Members shall serve without compensation, except to the	31010
extent that serving on the advisory group is considered part of	31011
their regular employment duties.	31012

(E) The ~~advisory group shall select~~director may appoint from	31013
~~among its~~the members of the advisory group a chairperson and	31014
vice-chairperson. ~~The advisory group may select any other officers~~	31015
~~it considers necessary to conduct its business.~~	31016

A majority of the members of the advisory group constitutes a	31017
quorum ~~for the transaction of official business~~. A majority of a	31018
quorum is necessary for the advisory group to ~~take any action,~~	31019
~~except that when one or more members of a quorum are required to~~	31020
~~abstain from voting as provided in division (C)(1)(d) or (C)(2)(c)~~	31021
~~of section 185.05 of the Revised Code, the number of members~~	31022
~~necessary for a majority of a quorum shall be reduced accordingly~~	31023
make any recommendations to the director.	31024

The advisory group shall meet ~~as necessary to fulfill its~~	31025
~~duties. The times and places for the meetings shall be selected by~~	31026
~~the chairperson~~at the call of the director. The director shall	31027
call the advisory group to meet not less than annually to discuss	31028
or consider recommendations to the director on the administration	31029
of the patient centered medical home education program.	31030

(F) Sections 101.82 to 101.87 of the Revised Code do not	31031
apply to the advisory group.	31032

~~Sec. 185.05.~~ Sec. 3701.925. (A) The patient centered medical home	31033
education advisory group shall accept applications for inclusion	31034
in the patient centered medical home education pilot project from	31035
primary care practices with educational affiliations, as	31036
determined by the advisory group, with one or more of the	31037
following:	31038

(1) The Boonshoft school of medicine at Wright state	31039
university;	31040

(2) The university of Toledo college of medicine;

31041

(3) The northeast Ohio medical university;

31042

(4) The Ohio university college of osteopathic medicine;

31043

(5) The college of nursing at the university of Toledo;

31044

(6) The Wright state university college of nursing and	31045
health;	31046

(7) The college of nursing at Kent state university;

31047

(8) The university of Akron college of nursing;

31048

(9) The school of nursing at Ohio university.

31049

(B)(1) Subject to division (C)(1) of this section, the	31050
advisory group shall ~~select~~recommend to the director of health	31051
for inclusion in the pilot project not ~~more~~less than the	31052
following number of ~~physician~~ practices led by physicians:	31053

(a) Ten practices affiliated with the Boonshoft school of	31054
medicine at Wright state university;	31055

(b) Ten practices affiliated with the university of Toledo	31056
college of medicine;	31057

(c) Ten practices affiliated with the northeast Ohio medical	31058
university;	31059

(d) Ten practices affiliated with the centers for osteopathic	31060
research and education of the Ohio university college of	31061
osteopathic medicine.	31062

(2) Subject to division (C)(2) of this section, the advisory	31063
group shall ~~select~~recommend to the director of health for	31064
inclusion in the pilot project not less than the following number	31065
of ~~advanced practice nurse~~ primary care practices led by advanced	31066
practice nurses:	31067

(a) One practice affiliated with the college of nursing at	31068
the university of Toledo;	31069

(b) One practice affiliated with the Wright state university	31070
college of nursing and health;	31071

(c) One practice affiliated with the college of nursing at	31072
Kent state university or the university of Akron college of	31073
nursing;	31074

(d) One practice affiliated with the school of nursing at	31075
Ohio university.	31076

(C)(1) All of the following apply with respect to the	31077
~~selection~~recommendation of ~~physician~~physician-led practices	31078
under division (B) of this section:	31079

(a) The advisory group shall strive to ~~select physician~~	31080
recommend physician-led practices in such a manner that the pilot	31081
project includes a diverse range of primary care specialties,	31082
including practices specializing in pediatrics, geriatrics,	31083
general internal medicine, or family medicine.	31084

(b) When evaluating an application, the advisory group shall	31085
consider the percentage of patients in the ~~physician~~physician-led	31086
practice who are part of a medically underserved population,	31087
including medicaid recipients and individuals without health	31088
insurance.	31089

(c) The advisory group shall ~~select~~recommend not fewer than	31090
six practices that serve rural areas of this state, as those areas	31091
are determined by the advisory group.	31092

(d) A member of the advisory group shall abstain from	31093
participating in any vote taken regarding the ~~selection~~	31094
recommendation of a ~~physician~~physician-led practice if the	31095
member would receive any financial benefit from having the	31096
practice included in the pilot project.	31097

(2) All of the following apply with respect to the ~~selection~~	31098
recommendation of advanced practice ~~nurse~~nurse-led primary care	31099
practices under division (B) of this section:	31100

(a) When evaluating an application, the advisory group shall	31101
consider the percentage of patients in the advanced practice ~~nurse~~	31102
nurse-led primary care practice who are part of a medically	31103
underserved population, including medicaid recipients and	31104
individuals without health insurance.	31105

(b) If the advisory group determines that it has not received	31106
an application from a sufficiently qualified advanced practice	31107
~~nurse~~nurse-led primary care practice affiliated with a particular	31108
institution specified in division (B)(2) of this section, the	31109
advisory group shall make the ~~selections~~recommendations required	31110
under that division in such a manner that the greatest possible	31111
number of those institutions are ~~represented~~recommended to be	31112
included in the pilot project. To be ~~selected~~recommended in this	31113
manner, a practice remains subject to the eligibility requirements	31114
specified in division (B) of section ~~185.06~~3701.926 of the	31115
Revised Code. As specified in division (B)(2) of this section, the	31116
number of practices ~~selected~~recommended for inclusion in the	31117
pilot project shall be at least four.	31118

(c) A member of the advisory group shall abstain from	31119
participating in any vote taken regarding the ~~selection~~	31120
recommendation of an advanced practice ~~nurse~~nurse-led primary	31121
care practice if the member would receive any financial benefit	31122
from having the practice included in the pilot project.	31123

(D) The advisory group shall provide a copy of all	31124
applications received under this section to the director of health	31125
after making recommendations under division (B)(1) of this	31126
section.	31127

~~Sec. 185.06.~~ Sec. 3701.926. (A) To be eligible for inclusion in the	31128
patient centered medical home education pilot project, a ~~physician~~	31129
physician-led practice shall meet all of the following	31130
requirements:	31131

(1) Consist of physicians who are board-certified in family	31132
medicine, general pediatrics, or internal medicine, as those	31133
designations are issued by a medical specialty certifying board	31134
recognized by the American board of medical specialties or	31135
American osteopathic association;	31136

(2) Be capable of adapting the practice during the period in	31137
which the practice ~~receives funding from~~participates in the	31138
patient centered medical home education ~~advisory group~~pilot	31139
project in such a manner that the practice is fully compliant with	31140
the minimum standards for operation of a patient centered medical	31141
home, as those standards are established by the ~~advisory group~~	31142
director of health;	31143

(3) Have submitted an application to participate in the	31144
project established under former section 185.05 of the Revised	31145
Code not later than April 15, 2011.	31146

(4) Meet any other criteria established by the ~~advisory group~~	31147
director as part of the selection process.	31148

(B) To be eligible for inclusion in the pilot project, an	31149
advanced practice ~~nurse~~nurse-led primary care practice shall meet	31150
all of the following requirements:	31151

(1) Consist of advanced practice nurses ~~who meet~~, each of	31152
whom meets all of the following requirements:	31153

(a) ~~Hold~~Holds a certificate to prescribe issued under	31154
section 4723.48 of the Revised Code;	31155

(b) ~~Are~~Is board-certified as a family nurse practitioner or	31156
adult nurse practitioner by the American academy of nurse	31157
practitioners or American nurses credentialing center,	31158
board-certified as a geriatric nurse practitioner or women's	31159
health nurse practitioner by the American nurses credentialing	31160
center, or is board-certified as a pediatric nurse practitioner by	31161
the American nurses credentialing center or pediatric nursing	31162
certification board;	31163

(c) ~~Has a collaboration agreement~~Collaborates under a	31164
standard care arrangement with a physician with board	31165
certification as specified in division (A)(1) of this section and	31166
who is an active participant on the health care team.	31167

(2) Be capable of adapting the primary care practice during	31168
the period in which the practice ~~receives funding from~~	31169
participates in the ~~advisory group~~project in such a manner that	31170
the practice is fully compliant with the minimum standards for	31171
operation of a patient centered medical home, as those standards	31172
are established by the ~~advisory group~~director;	31173

(3) Have submitted an application to participate in the	31174
project established under former section 185.05 of the Revised	31175
Code not later than April 15, 2011.	31176

(4) Meet any other criteria established by the ~~advisory group~~	31177
director as part of the selection process.	31178

~~Sec. 185.07.~~ Sec. 3701.927. The ~~patient centered medical home~~	31179
~~education advisory group~~director of health shall enter into a	31180
contract with each primary care practice selected by the director	31181
for inclusion in the patient centered medical home education pilot	31182
project. The contract shall specify the terms and conditions for	31183
inclusion in the pilot project, including a requirement that the	31184
practice provide comprehensive, coordinated primary care services	31185
to patients and serve as the patients' medical home. The contract	31186
shall also require the practice to participate in the training of	31187
medical students, advanced practice nursing students, orphysician	31188
assistant students, and primary care medical residents.	31189

The director may include as part of the contract any other	31190
requirements necessary for a practice to be included in the	31191
project, including requirements regarding the number of patients	31192
served who are medicaid recipients and individuals without health	31193
insurance.	31194

~~Sec. 185.09.~~ Sec. 3701.928. (A) The director of health or, at the	31195
director's request, the patient centered medical home education	31196
advisory group ~~shall jointly~~may work with ~~all~~ medical ~~and~~,	31197
nursing, and physician assistant schools or programs in this state	31198
to develop appropriate curricula designed to prepare primary care	31199
physicians ~~and~~, advanced practice nurses, and physician assistants	31200
to practice within the patient centered medical home model of	31201
care. In developing the curricula, the director or advisory group,	31202
~~medical schools, and nursing~~and the schools or programs shall	31203
include all of the following:	31204

(1) Components for use at the medical student, advanced	31205
practice nursing student, physician assistant student, and primary	31206
care resident training levels;	31207

(2) Components that reflect, as appropriate, the special	31208
needs of patients who are part of a medically underserved	31209
population, including medicaid recipients, individuals without	31210
health insurance, individuals with disabilities, individuals with	31211
chronic health conditions, and individuals within racial or ethnic	31212
minority groups;	31213

(3) Components that include training in interdisciplinary	31214
cooperation between physicians ~~and~~, advanced practice nurses, and	31215
physician assistants in the patient centered medical home model of	31216
care, including curricula ensuring that a common conception of a	31217
patient centered medical home model of care is provided to medical	31218
students, advanced practice nurses, physician assistants, and	31219
primary care residents.	31220

(B) The director or advisory group ~~shall~~may work in	31221
association with the medical ~~and~~, nursing, and physician assistant	31222
schools or programs to identify funding sources to ensure that the	31223
curricula developed under division (A) of this section are	31224
accessible to medical students, advanced practice nursing	31225
students, physician assistant students, and primary care	31226
residents. The director or advisory group shall consider	31227
scholarship options or incentives provided to students in addition	31228
to those provided under the choose Ohio first scholarship program	31229
operated under section 3333.61 of the Revised Code.	31230

~~Sec. 185.12.~~ Sec. 3701.929. (A) ~~The patient centered medical home~~	31231
~~education advisory group~~If the director of health establishes the	31232
patient centered medical home education pilot project, the	31233
director shall prepare reports of its findings and recommendations	31234
from the ~~patient centered medical home education~~ pilot project.	31235
Each report shall include an evaluation of the learning	31236
opportunities generated by the pilot project, the physicians and	31237
advanced practice nurses trained in the pilot project, the costs	31238
of the pilot project, and the extent to which the pilot project	31239
has met the set of expected outcomes developed under division (A)	31240
of section ~~185.03~~3701.924 of the Revised Code.	31241

(B) The reports shall be completed in accordance with the	31242
following schedule:	31243

(1) An interim report not later than six months after the	31244
date on which the ~~first funding is released~~last primary care	31245
practice selected to participate in the project enters into a	31246
contract with the department of health pursuant to section ~~185.11~~	31247
3701.927 of the Revised Code;	31248

(2) An update of the interim report not later than one year	31249
after the date ~~on which the first funding is released~~specified	31250
under division (B)(1) of this section;	31251

(3) A final report not later than two years after the date on	31252
~~which the first funding is released~~specified under division	31253
(B)(1) of this section.	31254

(C) The ~~advisory group~~director shall submit each of the	31255
reports to the governor and, in accordance with section 101.68 of	31256
the Revised Code, to the general assembly.	31257

Sec. 3701.93. Subject to available funds, the director of	31258
health shall establish the Ohio violent death reporting system to	31259
collect and maintain information, data, and records regarding	31260
violent deaths in Ohio.	31261

Sec. 3701.931. The Ohio violent death reporting system shall	31262
do all of the following regarding violent death information, data,	31263
and records maintained in the system:	31264

(A) Monitor the incidence and causes of the various types of	31265
violent deaths;	31266

(B) Make appropriate epidemiologic studies of the violent	31267
deaths;	31268

(C) Analyze trends and patterns in, and circumstances related	31269
to, the violent deaths;	31270

(D) With the assistance of the advisory group established	31271
pursuant to section 3701.932 of the Revised Code, recommend	31272
actions to relevant entities to prevent violent deaths and make	31273
any other such recommendations the director of health determines	31274
necessary.	31275

Sec. 3701.932. The director of health shall establish an	31276
advisory group of interested parties and stakeholders to recommend	31277
actions to relevant entities to prevent violent deaths, and make	31278
other recommendations the director determines necessary, in	31279
accordance with division (D) of section 3701.931 of the Revised	31280
Code.	31281

Sec. 3701.933. The data collection model used by the Ohio	31282
violent death reporting system shall follow the data collection	31283
model used by the United States centers for disease control and	31284
prevention national violent death reporting system and any other	31285
data collection model set forth by the director of health pursuant	31286
to section 3701.934 of the Revised Code.	31287

Sec. 3701.934. The director of health, pursuant to rules	31288
adopted in accordance with Chapter 119. of the Revised Code, shall	31289
do all of the following:	31290

(A) Specify the types of violent deaths that shall be	31291
included in the Ohio violent death reporting system;	31292

(B) Specify the information, data, and records to be	31293
collected for use by the Ohio violent death reporting system;	31294

(C) Specify the sources from which the information, data, and	31295
records are to be collected for use by the Ohio violent death	31296
reporting system;	31297

(D) If determined appropriate by the director, set forth any	31298
other data collection model to be used by the Ohio violent death	31299
reporting system.	31300

Sec. 3701.935. The director of health shall collect	31301
information about violent deaths in Ohio only from existing	31302
sources related to violent crimes and shall not conduct	31303
independent criminal investigations in order to obtain	31304
information, data, or records for use by the Ohio violent death	31305
reporting system.	31306

Sec. 3701.936. At the request of the director of health,	31307
every department, agency, and political subdivision of the state	31308
shall provide information, data, records, and otherwise assist in	31309
the execution of sections 3701.93 to 3701.9314 of the Revised	31310
Code.	31311

Sec. 3701.937. At the request of the director of health, any	31312
individual or entity not specified in section 3701.936 of the	31313
Revised Code, at the individual's or entity's discretion, may	31314
provide information, data, records, and otherwise assist in the	31315
execution of sections 3701.93 to 3701.9314 of the Revised Code.	31316
Any information, data, and records provided to the director by any	31317
other individual or entity shall contain only information, data,	31318
or records that are available or reasonably drawn from any	31319
information, data, and record developed and kept in the normal	31320
course of business.	31321

Sec. 3701.938. Notwithstanding any section of the Revised	31322
Code pertaining to confidentiality, any individual, public social	31323
service agency, or public agency that provides services to	31324
individuals or families, law enforcement agency, coroner, or	31325
public entity that provided services to an individual whose death	31326
is the type of death specified by the director of health under	31327
section 3701.934 of the Revised Code shall provide information,	31328
data, records, and otherwise assist in the execution of sections	31329
3701.93 to 3701.9314 of the Revised Code.	31330

Sec. 3701.9310. Except as otherwise provided in section	31331
3701.9212 of the Revised Code, all of the following are not public	31332
records under section 149.43 of the Revised Code, shall be	31333
confidential, and shall be published only in statistical form:	31334

(A) Information, data, and records collected for use and	31335
maintained by the Ohio violent death reporting system including,	31336
but not limited to, medical records, law enforcement investigative	31337
records, coroner investigative records, laboratory reports, and	31338
other records concerning a decedent;	31339

(B) Work products created in carrying out the purposes of the	31340
Ohio violent death reporting system.	31341

Sec. 3701.9311. Information, data, and records collected for	31342
use and maintained by, and all work products created in carrying	31343
out the purposes of, the Ohio violent death reporting system shall	31344
not be subject to subpoena or discovery while in the possession of	31345
the system or admissible in any criminal or civil proceeding if	31346
obtained through, or from, the system.	31347

Sec. 3701.9312. The director of health, pursuant to rules	31348
adopted in accordance with Chapter 119. of the Revised Code, shall	31349
establish standards and procedures to make available to	31350
researchers confidential information collected by the Ohio violent	31351
death reporting system. Researchers complying with those standards	31352
and procedures also shall comply with the confidentiality	31353
requirements of section 3701.9310 of the Revised Code.	31354

Sec. 3701.9314. The director of health may adopt rules in	31355
accordance with Chapter 119. of the Revised Code necessary to	31356
establish, maintain, and carry out the purposes of the Ohio	31357
violent death reporting system under sections 3701.93 to 3701.9314	31358
of the Revised Code.	31359

Sec. 3702.141. (A) As used in this section:

31360

(1) "Existing health care facility" means a health care	31361
facility that is licensed or otherwise approved to practice in	31362
this state, in accordance with applicable law, is staffed and	31363
equipped to provide health care services, and actively provides	31364
health services or has not been actively providing health services	31365
for less than twelve consecutive months.	31366

(2) "Freestanding birthing center" means any facility in	31367
which deliveries routinely occur, regardless of whether the	31368
facility is located on the campus of another health care facility,	31369
and which is not licensed under Chapter 3711. of the Revised Code	31370
as a level one, two, or three maternity unit or a limited	31371
maternity unit.	31372

(3) "Health care facility" ~~and "health service" have the same~~	31373
~~meanings as in section 3702.51 of the Revised Code~~means:	31374

(a) A hospital registered under section 3701.07 of the	31375
Revised Code;	31376

(b) A nursing home licensed under section 3721.02 of the	31377
Revised Code, or by a political subdivision certified under	31378
section 3721.09 of the Revised Code;	31379

(c) A county home or a county nursing home as defined in	31380
section 5155.31 of the Revised Code that is certified under Title	31381
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	31382
U.S.C.A. 301, as amended;	31383

(d) A freestanding dialysis center;

31384

(e) A freestanding inpatient rehabilitation facility;

31385

(f) An ambulatory surgical facility;

31386

(g) A freestanding cardiac catheterization facility;

31387

(h) A freestanding birthing center;

31388

(i) A freestanding or mobile diagnostic imaging center;

31389

(j) A freestanding radiation therapy center.

31390

A health care facility does not include the offices of	31391
private physicians and dentists whether for individual or group	31392
practice, residential facilities licensed under section 5123.19 of	31393
the Revised Code, or an institution for the sick that is operated	31394
exclusively for patients who use spiritual means for healing and	31395
for whom the acceptance of medical care is inconsistent with their	31396
religious beliefs, accredited by a national accrediting	31397
organization, exempt from federal income taxation under section	31398
501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	31399
U.S.C.A. 1, as amended, and providing twenty-four hour nursing	31400
care pursuant to the exemption in division (E) of section 4723.32	31401
of the Revised Code from the licensing requirements of Chapter	31402
4723. of the Revised Code.	31403

(4) "Health service" means a clinically related service, such	31404
as a diagnostic, treatment, rehabilitative, or preventive service.	31405

(B) Section 3702.14 of the Revised Code shall not be	31406
construed to require any existing health care facility that is	31407
conducting an activity specified in section 3702.11 of the Revised	31408
Code, which activity was initiated on or before March 20, 1997, to	31409
alter, upgrade, or otherwise improve the structure or fixtures of	31410
the facility in order to comply with any rule adopted under	31411
section 3702.11 of the Revised Code relating to that activity,	31412
unless one of the following applies:	31413

(1) The facility initiates a construction, renovation, or	31414
reconstruction project that involves a capital expenditure of at	31415
least fifty thousand dollars, not including expenditures for	31416
equipment or staffing or operational costs, and that directly	31417
involves the area in which the existing service is conducted.	31418

(2) The facility initiates another activity specified in	31419
section 3702.11 of the Revised Code.	31420

(3) ~~The facility initiates a service level designation change~~	31421
~~for obstetric and newborn care.~~	31422

~~(4)~~ The facility proposes to add a cardiac catheterization	31423
laboratory to an existing cardiac catheterization service.	31424

~~(5)~~(4) The facility proposes to add an open-heart operating	31425
room to an existing open-heart surgery service.	31426

~~(6)~~(5) The director of health determines, by clear and	31427
convincing evidence, that failure to comply with the rule would	31428
create an imminent risk to the health and welfare of any patient.	31429

(C) If division (B)~~(4)~~(3) or ~~(5)~~(4) of this section applies,	31430
any alteration, upgrade, or other improvement required shall apply	31431
only to the proposed addition to the existing service if the cost	31432
of the addition is less than the capital expenditure threshold set	31433
forth in division (B)(1) of this section.	31434

(D) No person or government entity shall divide or otherwise	31435
segment a construction, renovation, or reconstruction project in	31436
order to evade application of the capital expenditure threshold	31437
set forth in division (B)(1) of this section.	31438

Sec. 3702.31. (A) The quality monitoring and inspection fund	31439
is hereby created in the state treasury. The director of health	31440
shall use the fund to administer and enforce this section and	31441
sections 3702.11 to 3702.20, 3702.30, 3702.301, ~~and~~ 3702.32, and	31442
3702.33 of the Revised Code and rules adopted pursuant to those	31443
sections. The director shall deposit in the fund any moneys	31444
collected pursuant to this section or section 3702.32 of the	31445
Revised Code. All investment earnings of the fund shall be	31446
credited to the fund.	31447

(B) The director of health shall adopt rules pursuant to	31448
Chapter 119. of the Revised Code establishing fees for both of the	31449
following:	31450

(1) Initial and renewal license applications submitted under	31451
section 3702.30 of the Revised Code. The fees established under	31452
division (B)(1) of this section shall not exceed the actual and	31453
necessary costs of performing the activities described in division	31454
(A) of this section.	31455

(2) Inspections conducted under section 3702.15 or 3702.30 of	31456
the Revised Code. The fees established under division (B)(2) of	31457
this section shall not exceed the actual and necessary costs	31458
incurred during an inspection, including any indirect costs	31459
incurred by the department for staff, salary, or other	31460
administrative costs. The director of health shall provide to each	31461
health care facility or provider inspected pursuant to section	31462
3702.15 or 3702.30 of the Revised Code a written statement of the	31463
fee. The statement shall itemize and total the costs incurred.	31464
Within fifteen days after receiving a statement from the director,	31465
the facility or provider shall forward the total amount of the fee	31466
to the director.	31467

(3) The fees described in divisions (B)(1) and (2) of this	31468
section shall meet both of the following requirements:	31469

(a) For each service described in section 3702.11 of the	31470
Revised Code, the fee shall not exceed one thousand seven hundred	31471
fifty dollars annually, except that the total fees charged to a	31472
health care provider under this section shall not exceed five	31473
thousand dollars annually.	31474

(b) The fee shall exclude any costs reimbursable by the	31475
United States centers for medicare and medicaid services as part	31476
of the certification process for the medicare program established	31477
under Title XVIII of the "Social Security Act," 79 Stat. 286	31478
(1935), 42 U.S.C.A. 1395, as amended, and the medicaid program	31479
established under Title XIX of the "Social Security Act," 79 Stat.	31480
286 (1965), 42 U.S.C. 1396.	31481

(4) The director shall not establish a fee for any service	31482
for which a licensure or inspection fee is paid by the health care	31483
provider to a state agency for the same or similar licensure or	31484
inspection.	31485

Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the	31486
Revised Code:	31487

(A) "Applicant" means any person that submits an application	31488
for a certificate of need and who is designated in the application	31489
as the applicant.	31490

(B) "Person" means any individual, corporation, business	31491
trust, estate, firm, partnership, association, joint stock	31492
company, insurance company, government unit, or other entity.	31493

(C) "Certificate of need" means a written approval granted by	31494
the director of health to an applicant to authorize conducting a	31495
reviewable activity.	31496

(D) "~~Health service~~Service area" means ~~a geographic region~~	31497
~~designated by the director of health under section 3702.58 of the~~	31498
~~Revised Code~~the current and projected primary and secondary	31499
service areas to which the long-term care facility is, or will be,	31500
providing long-term care services.	31501

(E) "~~Health~~Primary service area" means ~~a clinically related~~	31502
~~service, such as a diagnostic, treatment, rehabilitative, or~~	31503
~~preventive service~~the geographic region, usually comprised of the	31504
Ohio zip code in which the long-term care facility is located and	31505
contiguous zip codes, from which approximately seventy-five to	31506
eighty per cent of the facility's residents currently originate or	31507
are expected to originate.	31508

(F) "~~Health~~Secondary service ~~agency~~area" means ~~an agency~~	31509
~~designated to serve a health service area in accordance with~~	31510
~~section 3702.58 of the Revised Code~~the geographic region, usually	31511
comprised of Ohio zip codes not included in the primary service	31512
area, excluding isolated exceptions, from which the facility's	31513
remaining residents currently originate or are expected to	31514
originate.	31515

(G) ~~"Health care facility" means:~~

31516

~~(1) A hospital registered under section 3701.07 of the~~	31517
~~Revised Code;~~	31518

~~(2) A nursing home licensed under section 3721.02 of the~~	31519
~~Revised Code, or by a political subdivision certified under~~	31520
~~section 3721.09 of the Revised Code;~~	31521

~~(3) A county home or a county nursing home as defined in~~	31522
~~section 5155.31 of the Revised Code that is certified under Title~~	31523
~~XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	31524
~~U.S.C.A. 301, as amended;~~	31525

~~(4) A freestanding dialysis center;~~

31526

~~(5) A freestanding inpatient rehabilitation facility;~~

31527

~~(6) An ambulatory surgical facility;~~

31528

~~(7) A freestanding cardiac catheterization facility;~~

31529

~~(8) A freestanding birthing center;~~

31530

~~(9) A freestanding or mobile diagnostic imaging center;~~

31531

~~(10) A freestanding radiation therapy center.~~

31532

~~A health care facility does not include the offices of~~	31533
~~private physicians and dentists whether for individual or group~~	31534
~~practice, residential facilities licensed under section 5123.19 of~~	31535
~~the Revised Code, or an institution for the sick that is operated~~	31536
~~exclusively for patients who use spiritual means for healing and~~	31537
~~for whom the acceptance of medical care is inconsistent with their~~	31538
~~religious beliefs, accredited by a national accrediting~~	31539
~~organization, exempt from federal income taxation under section~~	31540
~~501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26~~	31541
~~U.S.C.A. 1, as amended, and providing twenty-four hour nursing~~	31542
~~care pursuant to the exemption in division (E) of section 4723.32~~	31543
~~of the Revised Code from the licensing requirements of Chapter~~	31544
~~4723. of the Revised Code.~~	31545

~~(H) "Medical equipment" means a single unit of medical~~	31546
~~equipment or a single system of components with related functions~~	31547
~~that is used to provide health services.~~	31548

~~(I)~~ "Third-party payer" means a health insuring corporation	31549
licensed under Chapter 1751. of the Revised Code, a health	31550
maintenance organization as defined in division ~~(K)~~(I) of this	31551
section, an insurance company that issues sickness and accident	31552
insurance in conformity with Chapter 3923. of the Revised Code, a	31553
state-financed health insurance program under Chapter 3701.,	31554
4123., or 5111. of the Revised Code, or any self-insurance plan.	31555

~~(J)~~(H) "Government unit" means the state and any county,	31556
municipal corporation, township, or other political subdivision of	31557
the state, or any department, division, board, or other agency of	31558
the state or a political subdivision.	31559

~~(K)~~(I) "Health maintenance organization" means a public or	31560
private organization organized under the law of any state that is	31561
qualified under section 1310(d) of Title XIII of the "Public	31562
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.	31563

~~(L)~~(J) "Existing ~~health~~long-term care facility" means either	31564
of the following:	31565

(1) A ~~health~~long-term care facility that is licensed or	31566
otherwise authorized to operate in this state in accordance with	31567
applicable law, including a county home or a county nursing home	31568
that is certified ~~as of February 1, 2008,~~ under Title XVIII or	31569
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	31570
U.S.C. 301, as amended, is staffed and equipped to provide ~~health~~	31571
long-term care services, and is actively providing ~~health~~	31572
long-term care services;	31573

(2) A ~~health~~long-term care facility that is licensed or	31574
otherwise authorized to operate in this state in accordance with	31575
applicable law, including a county home or a county nursing home	31576
that is certified ~~as of February 1, 2008,~~ under Title XVIII or	31577
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	31578
U.S.C. 301, as amended, or that has beds registered under section	31579
3701.07 of the Revised Code as skilled nursing beds or long-term	31580
care beds and has provided long-term care services for at least	31581
three hundred sixty-five consecutive days within the twenty-four	31582
months immediately preceding the date a certificate of need	31583
application is filed with the director of health.	31584

~~(M)~~(K) "State" means the state of Ohio, including, but not	31585
limited to, the general assembly, the supreme court, the offices	31586
of all elected state officers, and all departments, boards,	31587
offices, commissions, agencies, institutions, and other	31588
instrumentalities of the state of Ohio. "State" does not include	31589
political subdivisions.	31590

~~(N)~~(L) "Political subdivision" means a municipal corporation,	31591
township, county, school district, and all other bodies corporate	31592
and politic responsible for governmental activities only in	31593
geographic areas smaller than that of the state to which the	31594
sovereign immunity of the state attaches.	31595

~~(O)~~(M) "Affected person" means:

31596

(1) An applicant for a certificate of need, including an	31597
applicant whose application was reviewed comparatively with the	31598
application in question;	31599

(2) The person that requested the reviewability ruling in	31600
question;	31601

(3) Any person that resides or regularly uses ~~health~~	31602
long-term care facilities within the ~~geographic~~service area	31603
served or to be served by the ~~health~~long-term care services that	31604
would be provided under the certificate of need or reviewability	31605
ruling in question;	31606

(4) Any ~~health~~long-term care facility that is located in the	31607
~~health~~ service area where the ~~health~~long-term care services would	31608
be provided under the certificate of need or reviewability ruling	31609
in question;	31610

(5) Third-party payers that reimburse ~~health~~long-term care	31611
facilities for services in the ~~health~~ service area where the	31612
~~health~~long-term care services would be provided under the	31613
certificate of need or reviewability ruling in question;.	31614

~~(6) Any other person who testified at a public hearing held~~	31615
~~under division (B) of section 3702.52 of the Revised Code or~~	31616
~~submitted written comments in the course of review of the~~	31617
~~certificate of need application in question.~~	31618

~~(P) "Osteopathic hospital" means a hospital registered under~~	31619
~~section 3701.07 of the Revised Code that advocates osteopathic~~	31620
~~principles and the practice and perpetuation of osteopathic~~	31621
~~medicine by doing any of the following:~~	31622

~~(1) Maintaining a department or service of osteopathic~~	31623
~~medicine or a committee on the utilization of osteopathic~~	31624
~~principles and methods, under the supervision of an osteopathic~~	31625
~~physician;~~	31626

~~(2) Maintaining an active medical staff, the majority of~~	31627
~~which is comprised of osteopathic physicians;~~	31628

~~(3) Maintaining a medical staff executive committee that has~~	31629
~~osteopathic physicians as a majority of its members.~~	31630

~~(Q) "Ambulatory surgical facility" has the same meaning as in~~	31631
~~section 3702.30 of the Revised Code.~~	31632

~~(R) Except as provided in division (S) of this section,~~	31633
~~"reviewable activity" means any of the following activities:~~	31634

~~(1) The establishment, development, or construction of a new~~	31635
~~long-term care facility;~~	31636

~~(2) The replacement of an existing long-term care facility;~~

31637

~~(3) The renovation of a long-term care facility that involves~~	31638
~~a capital expenditure of two million dollars or more, not~~	31639
~~including expenditures for equipment, staffing, or operational~~	31640
~~costs;~~	31641

~~(4) Either of the following changes in long-term care bed~~	31642
~~capacity:~~	31643

~~(a) An increase in bed capacity;~~

31644

~~(b) A relocation of beds from one physical facility or site~~	31645
~~to another, excluding the relocation of beds within a long-term~~	31646
~~care facility or among buildings of a long-term care facility at~~	31647
~~the same site.~~	31648

~~(5) Any change in the health services, bed capacity, or site,~~	31649
~~or any other failure to conduct the reviewable activity in~~	31650
~~substantial accordance with the approved application for which a~~	31651
~~certificate of need concerning long-term care beds was granted, if~~	31652
~~the change is made within five years after the implementation of~~	31653
~~the reviewable activity for which the certificate was granted;~~	31654

~~(6) The expenditure of more than one hundred ten per cent of~~	31655
~~the maximum expenditure specified in a certificate of need~~	31656
~~concerning long-term care beds.~~	31657

~~(S) "Reviewable activity" does not include any of the~~	31658
~~following activities:~~	31659

~~(1) Acquisition of computer hardware or software;~~

31660

~~(2) Acquisition of a telephone system;~~

31661

~~(3) Construction or acquisition of parking facilities;~~

31662

~~(4) Correction of cited deficiencies that are in violation of~~	31663
~~federal, state, or local fire, building, or safety laws and rules~~	31664
~~and that constitute an imminent threat to public health or safety;~~	31665

~~(5) Acquisition of an existing health care facility that does~~	31666
~~not involve a change in the number of the beds, by service, or in~~	31667
~~the number or type of health services;~~	31668

~~(6) Correction of cited deficiencies identified by~~	31669
~~accreditation surveys of the joint commission on accreditation of~~	31670
~~healthcare organizations or of the American osteopathic~~	31671
~~association;~~	31672

~~(7) Acquisition of medical equipment to replace the same or~~	31673
~~similar equipment for which a certificate of need has been issued~~	31674
~~if the replaced equipment is removed from service;~~	31675

~~(8) Mergers, consolidations, or other corporate~~	31676
~~reorganizations of health care facilities that do not involve a~~	31677
~~change in the number of beds, by service, or in the number or type~~	31678
~~of health services;~~	31679

~~(9) Construction, repair, or renovation of bathroom~~	31680
~~facilities;~~	31681

~~(10) Construction of laundry facilities, waste disposal~~	31682
~~facilities, dietary department projects, heating and air~~	31683
~~conditioning projects, administrative offices, and portions of~~	31684
~~medical office buildings used exclusively for physician services;~~	31685

~~(11) Acquisition of medical equipment to conduct research~~	31686
~~required by the United States food and drug administration or~~	31687
~~clinical trials sponsored by the national institute of health. Use~~	31688
~~of medical equipment that was acquired without a certificate of~~	31689
~~need under division (S)(11) of this section and for which~~	31690
~~premarket approval has been granted by the United States food and~~	31691
~~drug administration to provide services for which patients or~~	31692
~~reimbursement entities will be charged shall be a reviewable~~	31693
~~activity.~~	31694

~~(12) Removal of asbestos from a health care facility.~~

31695

~~Only that portion of a project that meets the requirements of~~	31696
~~this division is not a reviewable activity.~~	31697

~~(T) "Small rural hospital" means a hospital that is located~~	31698
~~within a rural area, has fewer than one hundred beds, and to which~~	31699
~~fewer than four thousand persons were admitted during the most~~	31700
~~recent calendar year.~~	31701

~~(U) "Children's hospital" means any of the following:~~

31702

~~(1) A hospital registered under section 3701.07 of the~~	31703
~~Revised Code that provides general pediatric medical and surgical~~	31704
~~care, and in which at least seventy-five per cent of annual~~	31705
~~inpatient discharges for the preceding two calendar years were~~	31706
~~individuals less than eighteen years of age;~~	31707

~~(2) A distinct portion of a hospital registered under section~~	31708
~~3701.07 of the Revised Code that provides general pediatric~~	31709
~~medical and surgical care, has a total of at least one hundred~~	31710
~~fifty registered pediatric special care and pediatric acute care~~	31711
~~beds, and in which at least seventy-five per cent of annual~~	31712
~~inpatient discharges for the preceding two calendar years were~~	31713
~~individuals less than eighteen years of age;~~	31714

~~(3) A distinct portion of a hospital, if the hospital is~~	31715
~~registered under section 3701.07 of the Revised Code as a~~	31716
~~children's hospital and the children's hospital meets all the~~	31717
~~requirements of division (U)(1) of this section.~~	31718

~~(V)~~(N) "Long-term care facility" means any of the following:

31719

(1) A nursing home licensed under section 3721.02 of the	31720
Revised Code or by a political subdivision certified under section	31721
3721.09 of the Revised Code;	31722

(2) The portion of any facility, including a county home or	31723
county nursing home, that is certified as a skilled nursing	31724
facility or a nursing facility under Title XVIII or XIX of the	31725
"Social Security Act";	31726

(3) The portion of any hospital that contains beds registered	31727
under section 3701.07 of the Revised Code as skilled nursing beds	31728
or long-term care beds.	31729

~~(W)~~(O) "Long-term care bed" or "bed" means a bed ~~in a~~	31730
~~long-term care facility~~that is categorized as one of the	31731
following:	31732

(1) A bed that is located in a facility that is a nursing	31733
home licensed under section 3721.02 of the Revised Code or a	31734
facility licensed by a political subdivision certified under	31735
section 3721.09 of the Revised Code and is included in the	31736
authorized maximum licensed capacity of the facility;	31737

(2) A bed that is located in the portion of any facility,	31738
including a county home or county nursing home, that is certified	31739
as a skilled nursing facility under the medicare program or a	31740
nursing facility under the medicaid program and is included in the	31741
authorized maximum certified capacity of that portion of the	31742
facility;	31743

(3) A bed that is registered under section 3701.07 of the	31744
Revised Code as a skilled nursing bed, a long-term care bed, or a	31745
special skilled nursing bed;	31746

(4) A bed in a county home or county nursing home that has	31747
been certified under section 5155.38 of the Revised Code as having	31748
been in operation on July 1, 1993, and is eligible for licensure	31749
as a nursing home bed;	31750

(5) A bed held as an approved bed under a certificate of need	31751
approved by the director.	31752

A bed cannot simultaneously be both a bed described in	31753
division (O)(1), (2), (3), or (4) of this section and a bed	31754
described in division (O)(5) of this section.	31755

~~(X) "Freestanding birthing center" means any facility in~~	31756
~~which deliveries routinely occur, regardless of whether the~~	31757
~~facility is located on the campus of another health care facility,~~	31758
~~and which is not licensed under Chapter 3711. of the Revised Code~~	31759
~~as a level one, two, or three maternity unit or a limited~~	31760
~~maternity unit.~~	31761

~~(Y)(1)~~(P) "Reviewability ruling" means a ruling issued by the	31762
director of health under division (A) of section 3702.52 of the	31763
Revised Code as to whether a particular proposed project is or is	31764
not a reviewable activity.	31765

~~(2) "Nonreviewability ruling" means a ruling issued under~~	31766
~~that division that a particular proposed project is not a~~	31767
~~reviewable activity.~~	31768

~~(Z)(1) "Metropolitan statistical area" means an area of this~~	31769
~~state designated a metropolitan statistical area or primary~~	31770
~~metropolitan statistical area in United States office of~~	31771
~~management and budget bulletin no. 93-17, June 30, 1993, and its~~	31772
~~attachments.~~	31773

~~(2) "Rural area" means any area of this state not located~~	31774
~~within a metropolitan statistical area.~~	31775

~~(AA)~~(Q) "County nursing home" has the same meaning as in	31776
section 5155.31 of the Revised Code.	31777

~~(BB)~~(R) "Principal participant" means both of the following:

31778

(1) A person who has an ownership or controlling interest of	31779
at least five per cent in an applicant, in a ~~health~~long-term care	31780
facility that is the subject of an application for a certificate	31781
of need, or in the owner or operator of the applicant or such a	31782
facility;	31783

(2) An officer, director, trustee, or general partner of an	31784
applicant, of a ~~health~~long-term care facility that is the subject	31785
of an application for a certificate of need, or of the owner or	31786
operator of the applicant or such a facility.	31787

~~(CC)~~(S) "Actual harm but not immediate jeopardy deficiency"	31788
means a deficiency that, under 42 C.F.R. 488.404, either	31789
constitutes a pattern of deficiencies resulting in actual harm	31790
that is not immediate jeopardy or represents widespread	31791
deficiencies resulting in actual harm that is not immediate	31792
jeopardy.	31793

~~(DD)~~(T) "Immediate jeopardy deficiency" means a deficiency	31794
that, under 42 C.F.R. 488.404, either constitutes a pattern of	31795
deficiencies resulting in immediate jeopardy to resident health or	31796
safety or represents widespread deficiencies resulting in	31797
immediate jeopardy to resident health or safety.	31798

(U) "Existing bed" or "existing long-term care bed" means a	31799
bed from an existing long-term care facility, a bed described in	31800
division (O)(5) of this section, or a bed correctly reported as a	31801
long-term care bed pursuant to section 5155.38 of the Revised	31802
Code.	31803

Sec. 3702.511. (A) Except as provided in division (B) of this	31804
section, the following activities are reviewable under sections	31805
3702.51 to 3702.62 of the Revised Code:	31806

(1) Establishment, development, or construction of a new	31807
long-term care facility;	31808

(2) Replacement of an existing long-term care facility;

31809

(3) Renovation of or addition to a long-term care facility	31810
that involves a capital expenditure of two million dollars or	31811
more, not including expenditures for equipment, staffing, or	31812
operational costs;	31813

(4) Either of the following changes in long-term care bed	31814
capacity:	31815

(a) An increase in bed capacity;

31816

(b) A relocation of beds from one physical facility or site	31817
to another, excluding relocation of beds within a long-term care	31818
facility or among buildings of a long-term care facility at the	31819
same site.	31820

(5) Any change in the bed capacity or site, or any other	31821
failure to conduct a reviewable activity in substantial accordance	31822
with the approved application for which a certificate of need	31823
concerning long-term care beds was granted, if the change is made	31824
within five years after the implementation of the reviewable	31825
activity for which the certificate was granted;	31826

(6) Expenditure of more than one hundred ten per cent of the	31827
maximum expenditure specified in a certificate of need concerning	31828
long-term care beds.	31829

(B) The following activities are not subject to review under	31830
sections 3702.51 to 3702.62 of the Revised Code:	31831

(1) Acquisition of computer hardware or software;

31832

(2) Acquisition of a telephone system;

31833

(3) Construction or acquisition of parking facilities;

31834

(4) Correction of cited deficiencies that constitute an	31835
imminent threat to public health or safety and are in violation of	31836
federal, state, or local fire, building, or safety statutes,	31837
ordinances, rules, or regulations;	31838

(5) Acquisition of an existing long-term care facility that	31839
does not involve a change in the number of the beds;	31840

(6) Mergers, consolidations, or other corporate	31841
reorganizations of long-term care facilities that do not involve a	31842
change in the number of beds;	31843

(7) Construction, repair, or renovation of bathroom	31844
facilities;	31845

(8) Construction of laundry facilities, waste disposal	31846
facilities, dietary department projects, heating and air	31847
conditioning projects, administrative offices, and portions of	31848
medical office buildings used exclusively for physician services;	31849

(9) Removal of asbestos from a health care facility.

31850

Only that portion of a project that is described in this	31851
division is not reviewable.	31852

Sec. 3702.52. The director of health shall administer a	31853
state certificate of need program in accordance with sections	31854
3702.51 to 3702.62 of the Revised Code and rules adopted under	31855
those sections.	31856

(A) The director shall issue rulings on whether a particular	31857
proposed project is a reviewable activity. The director shall	31858
issue a ruling not later than forty-five days after receiving a	31859
request for a ruling accompanied by the information needed to make	31860
the ruling. If the director does not issue a ruling in that time,	31861
the project shall be considered to have been ruled not a	31862
reviewable activity.	31863

(B)(1) Each application for a certificate of need shall be	31864
submitted to the director on forms and in the manner prescribed by	31865
the director. Each application shall include a plan for obligating	31866
the capital expenditures or implementing the proposed project on a	31867
timely basis in accordance with section ~~3702.525~~3702.524 of the	31868
Revised Code. Each application shall also include all other	31869
information required by rules adopted under division (B) of	31870
section 3702.57 of the Revised Code.	31871

(2) Each application shall be accompanied by the application	31872
fee established in rules adopted under division (G) of section	31873
3702.57 of the Revised Code. Application fees received by the	31874
director under this division shall be deposited into the state	31875
treasury to the credit of the certificate of need fund, which is	31876
hereby created. The director shall use the fund only to pay the	31877
costs of administering sections 3702.11 to 3702.20, 3702.30, and	31878
3702.51 to 3702.62 of the Revised Code and rules adopted under	31879
those sections. An application fee is nonrefundable unless the	31880
director determines that the application cannot be accepted.	31881

(3) The director shall review applications for certificates	31882
of need. As part of a review, the director shall determine whether	31883
an application is complete. The director shall not consider an	31884
application to be complete unless the application meets all	31885
criteria for a complete application specified in rules adopted	31886
under section 3702.57 of the Revised Code. The director shall mail	31887
to the applicant a written notice that the application is	31888
complete, or a written request for additional information, not	31889
later than thirty days after receiving an application or a	31890
response to an earlier request for information. Except as provided	31891
in section ~~3702.523~~3702.522 of the Revised Code, the director	31892
shall not make more than two requests for additional information.	31893
The director's determination that an application is not complete	31894
is final and not subject to appeal.	31895

~~The director may conduct a public informational hearing in~~	31896
~~the course of reviewing any application for a certificate of need,~~	31897
~~and shall conduct one if requested to do so by any affected person~~	31898
~~not later than fifteen days after the director mails the notice~~	31899
~~that the application is complete. The hearing shall be conducted~~	31900
~~in the community in which the activities authorized by the~~	31901
~~certificate of need would be carried out. Any affected person may~~	31902
~~testify at the hearing. The director may, with the health service~~	31903
~~agency's consent, designate a health service agency to conduct the~~	31904
~~hearing.~~	31905

(4) Except ~~during a public hearing or~~ as necessary to comply	31906
with a subpoena issued under division ~~(E)~~(F) of this section,	31907
after a notice of completeness has been received, no person shall	31908
make revisions to information that was submitted to the director	31909
before the director mailed the notice of completeness or knowingly	31910
discuss in person or by telephone the merits of the application	31911
with the director. A person may supplement an application after a	31912
notice of completeness has been received by submitting clarifying	31913
information to the director. ~~If one or more persons request a~~	31914
~~meeting in person or by telephone, the director shall make a~~	31915
~~reasonable effort to invite interested parties to the meeting or~~	31916
~~conference call.~~	31917

(C) All of the following apply to the process of granting or	31918
denying a certificate of need:	31919

(1) If the project proposed in a certificate of need	31920
application meets all of the applicable certificate of need	31921
criteria for approval under sections 3702.51 to 3702.62 of the	31922
Revised Code and the rules adopted under those sections, the	31923
director shall grant a certificate of need for all or part of the	31924
project that is the subject of the application by the applicable	31925
deadline specified in division (C)(4) of this section or any	31926
extension of it under division (C)(5) of this section.	31927

(2) The director's grant of a certificate of need does not	31928
affect, and sets no precedent for, the director's decision to	31929
grant or deny other applications for similar reviewable activities	31930
~~proposed to be conducted in the same or different health service~~	31931
~~areas~~.	31932

(3) ~~If the director receives written objections to an~~	31933
~~application from any~~Any affected person may submit written	31934
comments regarding an application. The director shall consider all	31935
written comments received by the thirtieth day after mailing the	31936
notice of completeness~~, the director shall notify the applicant~~	31937
~~and assign a hearing examiner to conduct an adjudication hearing~~	31938
~~concerning the application in accordance with Chapter 119. of the~~	31939
~~Revised Code. In~~or, in the case of applications under comparative	31940
review, ~~if the director receives written objections to any of the~~	31941
~~applications from any affected person~~ by the thirtieth day after	31942
the director mails the last notice of completeness~~, the director~~	31943
~~shall notify all of the applicants and appoint a hearing examiner~~	31944
~~to conduct a consolidated adjudication hearing concerning the~~	31945
~~applications in accordance with Chapter 119. of the Revised Code.~~	31946
~~The hearing examiner shall be employed by or under contract with~~	31947
~~the department of health.~~	31948

~~The adjudication hearings may be conducted in the health~~	31949
~~service area in which the reviewable activity is proposed to be~~	31950
~~conducted. Consolidated adjudication hearings for applications in~~	31951
~~comparative review may be conducted in the geographic region in~~	31952
~~which all of the reviewable activities will be conducted. The~~	31953
~~applicant, the director, and the affected persons that filed~~	31954
~~objections to the application shall be parties to the hearing. If~~	31955
~~none of the affected persons that submitted written objections to~~	31956
~~the application appears or prosecutes the hearing, the hearing~~	31957
~~examiner shall dismiss the hearing and the director shall grant a~~	31958
~~certificate of need for all or part of the project that is the~~	31959
~~subject of the application if the proposed project meets all of~~	31960
~~the applicable certificate of need criteria for approval under~~	31961
~~sections 3702.51 to 3702.62 of the Revised Code and the rules~~	31962
~~adopted under those sections. The affected persons bear the burden~~	31963
~~of proving by a preponderance of evidence that the project is not~~	31964
~~needed or that granting the certificate would not be in accordance~~	31965
~~with sections 3702.51 to 3702.62 of the Revised Code or the rules~~	31966
~~adopted under those sections~~.	31967

(4) Except as provided in division (C)(5) of this section,	31968
the director shall grant or deny certificate of need applications	31969
~~for which an adjudication hearing is not conducted under division~~	31970
~~(C)(3) of this section~~ not later than sixty days after mailing the	31971
notice of completeness ~~or, in the case of an application proposing~~	31972
~~addition of long-term care beds, not later than sixty days after~~	31973
~~such other time as is specified in rules adopted under section~~	31974
~~3702.57 of the Revised Code. Except as provided in division (C)(5)~~	31975
~~of this section, the director shall grant or deny certificate of~~	31976
~~need applications for which an adjudication hearing is conducted~~	31977
~~under division (C)(3) of this section not later than thirty days~~	31978
~~after the expiration of the time for filing objections to the~~	31979
~~report and recommendation of the hearing examiner under section~~	31980
~~119.09 of the Revised Code. The director shall base decisions~~	31981
~~concerning applications for which an adjudication hearing is~~	31982
~~conducted under division (C)(3) of this section on the report and~~	31983
~~recommendations of the hearing examiner~~.	31984

(5) Except as otherwise provided in division (C)(6) of this	31985
section, the director or the applicant may extend the deadline	31986
prescribed in division (C)(4) of this section once, for no longer	31987
than thirty days, by written notice before the end of the deadline	31988
prescribed by division (C)(4) of this section. An extension by the	31989
director under division (C)(5) of this section shall apply to all	31990
applications that are in comparative review.	31991

(6) No applicant in a comparative review may extend the	31992
deadline specified in division (C)(4) of this section.	31993

(7) If the director does not grant or deny the certificate by	31994
the applicable deadline specified in division (C)(4) of this	31995
section or any extension of it under division (C)(5) of this	31996
section, the certificate shall be considered to have been granted.	31997

(8) In granting a certificate of need, the director shall	31998
specify as the maximum capital expenditure the certificate holder	31999
may obligate under the certificate a figure equal to one hundred	32000
ten per cent of the approved project cost.	32001

(9) In granting a certificate of need, the director may grant	32002
the certificate with conditions that must be met by the holder of	32003
the certificate.	32004

(D) When a certificate of need is granted for a project under	32005
which beds are to be relocated, upon completion of the project for	32006
which the certificate of need was granted a number of beds equal	32007
to the number of beds relocated shall cease to be operated in the	32008
long-term care facility from which they are relocated, except that	32009
the beds may continue to be operated for not more than fifteen	32010
days to allow relocation of residents to the facility to which the	32011
beds have been relocated. Notwithstanding section 3721.03 of the	32012
Revised Code, if the relocated beds are in a home licensed under	32013
Chapter 3721. of the Revised Code, the facility's license is	32014
automatically reduced by the number of beds relocated effective	32015
fifteen days after the beds are relocated. If the beds are in a	32016
facility that is certified as a skilled nursing facility or	32017
nursing facility under Title XVIII or XIX of the "Social Security	32018
Act," the certification for the beds shall be surrendered. If the	32019
beds are registered under section 3701.07 of the Revised Code as	32020
skilled nursing beds or long-term care beds, the director shall	32021
remove the beds from registration not later than fifteen days	32022
after the beds are relocated.	32023

(E) The director shall monitor the activities of persons	32024
granted certificates of need during the period beginning with the	32025
granting of the certificate of need and ending five years after	32026
implementation of the activity for which the certificate was	32027
granted.	32028

~~(E)~~(F) When reviewing applications for certificates of need,	32029
considering appeals under section 3702.60 of the Revised Code, or	32030
monitoring activities of persons granted certificates of need, the	32031
director may issue and enforce, in the manner provided in section	32032
119.09 of the Revised Code, subpoenas and subpoenas duces tecum to	32033
compel ~~the production of~~a person to testify and produce documents	32034
relevant to review of the application, consideration of the	32035
appeal, or monitoring of the activities. In addition, the director	32036
or the director's designee~~, which may include a health service~~	32037
~~agency,~~ may visit the sites where the activities are or will be	32038
conducted.	32039

~~(F)~~(G) The director may withdraw certificates of need.

32040

~~(G) The director shall conduct, on a regular basis, health~~	32041
~~system data collection and analysis activities and prepare~~	32042
~~reports. The director shall make recommendations based upon these~~	32043
~~activities to the public health council concerning the adoption of~~	32044
~~appropriate rules under section 3702.57 of the Revised Code.~~(H)	32045
All ~~health~~long-term care facilities ~~and other health care~~	32046
~~providers~~ shall submit to the director, upon request, any	32047
information prescribed by rules adopted under division (H) of	32048
section 3702.57 of the Revised Code that is necessary to conduct	32049
reviews of certificate of need applications and to develop	32050
~~recommendations for~~ criteria for reviews~~, and that is prescribed~~	32051
~~by rules adopted under division (H) of section 3702.57 of the~~	32052
~~Revised Code~~.	32053

~~(H)~~(I) Any decision to grant or deny a certificate of need	32054
shall consider the special needs and circumstances resulting from	32055
moral and ethical values and the free exercise of religious rights	32056
of ~~health~~long-term care facilities administered by religious	32057
organizations, and the special needs and circumstances of inner	32058
city and rural communities.	32059

~~Sec. 3702.522.~~ Sec. 3702.521. (A) Reviews of applications for	32060
certificates of need to recategorize hospital beds to skilled	32061
nursing beds shall be conducted in accordance with this division	32062
and rules adopted by the ~~public~~director of health ~~council~~.	32063

(1) No hospital recategorizing beds shall apply for a	32064
certificate of need for more than twenty skilled nursing beds.	32065

(2) No beds for which a certificate of need is requested	32066
under this division shall be reviewed under or counted in any	32067
formula developed under ~~public health council~~ rules adopted by the	32068
director for the purpose of determining the number of long-term	32069
care beds that may be needed within the state.	32070

(3) No beds shall be approved under this division unless the	32071
hospital certifies and demonstrates in the application that the	32072
beds will be dedicated to patients with a length of stay of no	32073
more than thirty days.	32074

(4) No beds shall be approved under this division unless the	32075
hospital can satisfactorily demonstrate in the application that it	32076
is routinely unable to place the patients planned for the beds in	32077
accessible skilled nursing facilities.	32078

(5) In developing rules to implement this division, the	32079
~~public health council~~director shall give special attention to the	32080
required documentation of the need for such beds, including the	32081
efforts made by the hospital to place patients in suitable skilled	32082
nursing facilities, and special attention to the appropriate size	32083
of units with such beds given the historical pattern of the	32084
applicant hospital's documented difficulty in placing skilled	32085
nursing patients.	32086

(B) ~~To assist the director of health~~For assistance in	32087
monitoring the use of hospital beds recategorized as skilled	32088
nursing beds after August 5, 1989, the ~~public health council~~	32089
director shall adopt rules specifying appropriate quarterly	32090
procedures for reporting to the department of health.	32091

(C) A patient may stay in a hospital bed that, after August	32092
5, 1989, has been recategorized as a skilled nursing bed for more	32093
than thirty days if the hospital is able to demonstrate that it	32094
made a good faith effort to place the patient in an accessible	32095
skilled nursing facility acceptable to the patient within the	32096
thirty-day period, but was unable to do so.	32097

(D) No hospital bed recategorized after August 5, 1989, as a	32098
skilled nursing bed shall be covered by a provider agreement under	32099
the medical assistance program established under Chapter 5111. of	32100
the Revised Code.	32101

(E) Nothing in this section requires a hospital to place a	32102
patient in any nursing home if the patient does not wish to be	32103
placed in the nursing home. Nothing in this section limits the	32104
ability of a hospital to file a certificate of need application	32105
for the addition of long-term care beds that meet the definition	32106
of "home" in section 3721.01 of the Revised Code. Nothing in this	32107
section limits the ability of the director to grant certificates	32108
of need necessary for hospitals to engage in demonstration	32109
projects authorized by the federal government for the purpose of	32110
enhancing long-term quality of care and cost containment. Nothing	32111
in this section limits the ability of hospitals to develop swing	32112
bed programs in accordance with federal regulations.	32113

No hospital that is granted a certificate of need after	32114
August 5, 1989, to recategorize hospital beds as skilled nursing	32115
beds is subject to sections 3721.01 to 3721.09 of the Revised	32116
Code. If the portion of the hospital in which the recategorized	32117
beds are located is certified as a skilled nursing facility under	32118
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	32119
U.S.C.A. 301, as amended, that portion of the hospital is subject	32120
to sections 3721.10 to 3721.17 and sections 3721.21 to 3721.34 of	32121
the Revised Code. If the beds are registered pursuant to section	32122
3701.07 of the Revised Code as long-term care beds, the beds are	32123
subject to sections 3721.50 to 3721.58 of the Revised Code.	32124

~~(F) The public health council shall adopt rules authorizing~~	32125
~~the creation of one or more nursing home placement clearinghouses.~~	32126
~~Any public or private agency or facility may apply to the~~	32127
~~department of health to serve as a nursing home placement~~	32128
~~clearinghouse, and the rules shall provide the procedure for~~	32129
~~application and process for designation of clearinghouses.~~	32130

~~The department may approve one or more clearinghouses, but in~~	32131
~~no event shall there be more than one nursing home placement~~	32132
~~clearinghouse in each county. Any nursing home may list with a~~	32133
~~nursing home placement clearinghouse the services it provides and~~	32134
~~the types of patients it is approved for and equipped to serve.~~	32135
~~The clearinghouse shall make reasonable efforts to update its~~	32136
~~information at least every six months.~~	32137

~~If an appropriate clearinghouse has been designated, each~~	32138
~~hospital granted a certificate of need after August 5, 1989, to~~	32139
~~recategorize hospital beds as skilled nursing beds shall, and any~~	32140
~~other hospital may, utilize the nursing home placement~~	32141
~~clearinghouse prior to admitting a patient to a skilled nursing~~	32142
~~bed within the hospital and prior to keeping a patient in a~~	32143
~~skilled nursing bed within a hospital in excess of thirty days.~~	32144

~~The department shall provide at least annually to all~~	32145
~~hospitals a list of the designated nursing home placement~~	32146
~~clearinghouses.~~	32147

~~Sec. 3702.523.~~ Sec. 3702.522. A person who has an application for	32148
a certificate of need pending with the director of health may	32149
revise the application to change the site of the proposed project	32150
unless either of the following applies:	32151

(A) The director, under section 3702.52 of the Revised Code,	32152
has mailed the applicant a written notice that the application is	32153
complete.	32154

(B) The application is subject to a comparative review under	32155
section 3702.593 of the Revised Code.	32156

The only revision that may be made in the revised application	32157
is the site of the proposed project. The revised site of the	32158
proposed project must be located in the same county as the site of	32159
the proposed project specified in the original application. The	32160
director may not accept a revised application if it includes	32161
revisions other than the site of the proposed project or if the	32162
revised site is located in a different county than the county in	32163
which the site specified in the original application is located.	32164

A revised application shall be accompanied by an additional,	32165
~~non-refundable~~nonrefundable fee equal to twenty-five per cent of	32166
the fee charged under section 3702.52 of the Revised Code for the	32167
original application. The additional fee shall be deposited into	32168
the certificate of need fund created under section 3702.52 of the	32169
Revised Code.	32170

On acceptance of a revised application, the director shall	32171
continue to review the application as revised in accordance with	32172
section 3702.52 of the Revised Code to determine whether it is	32173
complete and, if necessary and regardless of whether the director	32174
previously made two requests for additional information, may make	32175
a final written request to the applicant for additional	32176
information not later than thirty days after the date the director	32177
accepts the revised application.	32178

~~Sec. 3702.524.~~ Sec. 3702.523. (A) Except as provided in division	32179
(B) of this section, a certificate of need ~~granted on or after~~	32180
~~April 20, 1995,~~ is not transferable prior to the completion of the	32181
reviewable activity for which it was granted. If any person	32182
holding a certificate of need ~~issued on or after that date~~	32183
transfers the certificate of need to another person before the	32184
reviewable activity is completed, or enters into an agreement that	32185
contemplates the transfer of the certificate of need on the	32186
completion of the reviewable activity, the certificate of need is	32187
void. If the controlling interest in an entity that holds a	32188
certificate of need ~~issued on or after that date~~ is transferred	32189
prior to the completion of the reviewable activity, the	32190
certificate of need is void.	32191

(B) Division (A) of this section does not prohibit the	32192
transfer of a certificate of need ~~issued on or after April 20,~~	32193
~~1995,~~ between affiliated or related persons, as defined in rules	32194
adopted under section 3702.57 of the Revised Code, if the transfer	32195
does not result in a change in the person that holds the ultimate	32196
controlling interest, as defined in the rules, in the certificate	32197
of need.	32198

The transfer of a ~~health~~long-term care facility after the	32199
completion of a reviewable activity for which a certificate of	32200
need was issued ~~on or after April 20, 1995,~~ is not a transfer of	32201
the certificate of need, unless the facility is transferred	32202
pursuant to an agreement entered into prior to the completion of	32203
the reviewable activity.	32204

~~Sec. 3702.525.~~ Sec. 3702.524. (A) Not later than twenty-four	32205
months after the date the director of health mails the notice that	32206
the certificate of need has been granted or, if the grant or	32207
denial of the certificate of need is appealed under section	32208
3702.60 of the Revised Code, not later than twenty-four months	32209
after issuance of an order granting the certificate that is not	32210
subject to further appeal, each person holding a certificate of	32211
need granted ~~on or after April 20, 1995,~~ shall:	32212

(1) If the project for which the certificate of need was	32213
granted primarily involves construction and is to be financed	32214
primarily through external borrowing of funds, secure financial	32215
commitment for the stated purpose of developing the project and	32216
commence construction that continues uninterrupted except for	32217
interruptions or delays that are unavoidable due to reasons beyond	32218
the person's control, including labor strikes, natural disasters,	32219
material shortages, or comparable events;	32220

(2) If the project for which the certificate of need was	32221
granted primarily involves construction and is to be financed	32222
primarily internally, receive formal approval from the holder's	32223
board of directors or trustees or other governing authority to	32224
commit specified funds for implementation of the project and	32225
commence construction that continues uninterrupted except for	32226
interruptions or delays that are unavoidable due to reasons beyond	32227
the person's control, including labor strikes, natural disasters,	32228
material shortages, or comparable events;	32229

(3) ~~If the project for which the certificate of need was~~	32230
~~granted primarily involves acquisition of medical equipment, enter~~	32231
~~into a contract to purchase or lease the equipment and to accept~~	32232
~~the equipment at the site for which the certificate was granted;~~	32233

~~(4)~~ If the project for which the certificate of need was	32234
granted involves no capital expenditure or only minor renovations	32235
to existing structures, provide the ~~health~~long-term care service	32236
~~or activity~~ by the means specified in the approved application for	32237
the certificate;	32238

~~(5)~~(4) If the project for which the certificate of need was	32239
granted primarily involves leasing a building or space that	32240
requires only minor renovations to the existing space, execute a	32241
lease and provide the ~~health~~long-term care service ~~or activity~~ by	32242
the means specified in the approved application for the	32243
certificate;	32244

~~(6)~~(5) If the project for which the certificate of need was	32245
granted primarily involves leasing a building or space that has	32246
not been constructed or requires substantial renovations to	32247
existing space, commence construction for the purpose of	32248
implementing the reviewable activity that continues uninterrupted	32249
except for interruptions or delays that are unavoidable due to	32250
reasons beyond the person's control, including labor strikes,	32251
natural disasters, material shortages, or comparable events.	32252

(B) The twenty-four-month period specified in division (A) of	32253
this section shall not be extended by any means, including the	32254
granting of a subsequent or replacement certificate of need. Each	32255
person holding a certificate of need ~~granted on or after April 20,~~	32256
~~1995,~~ shall provide the director of health documentation of	32257
compliance with that division not later than the earlier of thirty	32258
days after complying with that division or five days after the	32259
twenty-four-month period expires. Not later than the earlier of	32260
fifteen days after receiving the documentation or fifteen days	32261
after the twenty-four-month period expires, the director shall	32262
send by certified mail a notice to the holder of the certificate	32263
of need specifying whether the holder has complied with division	32264
(A) of this section.	32265

(C) ~~Notwithstanding division (B) of this section, the~~	32266
~~twenty-four-month period specified in division (A) of this section~~	32267
~~shall be extended for an additional twenty-four months for any~~	32268
~~certificate of need granted for the purchase and relocation of~~	32269
~~licensed nursing home beds on February 26, 1999.~~	32270

~~(D)~~ A certificate of need ~~granted on or after April 20, 1995,~~	32271
expires, regardless of whether the director sends a notice under	32272
division (B) of this section, if the holder fails to comply with	32273
division (A) ~~or (C)~~ of this section or to provide information	32274
under division (B) of this section as necessary for the director	32275
to determine compliance. The determination by the director that a	32276
certificate of need has expired is final and not appealable under	32277
Chapter 119. of the Revised Code.	32278

~~Sec. 3702.526.~~ Sec. 3702.525. Every six months after complying	32279
with section ~~3702.525~~3702.524 of the Revised Code, the holder of	32280
the certificate of need shall demonstrate to the director of	32281
health, in the form and manner required by rules adopted under	32282
section 3702.57 of the Revised Code, that reasonable progress is	32283
being made toward the completion of the reviewable activity. If	32284
the director determines, in accordance with standards specified in	32285
the rules, that reasonable progress is not being made, hethe	32286
director shall withdraw the certificate of need.	32287

Sec. 3702.526. (A) Except as provided in division (B) of this	32288
section, the director of health shall accept an application for a	32289
replacement certificate of need for an activity described in	32290
division (A)(5) of section 3702.511 of the Revised Code to replace	32291
an approved certificate of need for that activity if all of the	32292
following conditions are met:	32293

(1) The applicant is the same as the applicant for the	32294
approved certificate of need or an affiliated or related person as	32295
described in division (B) of section 3702.523 of the Revised Code.	32296

(2) The source of any long-term care beds to be relocated is	32297
the same as in the approved certificate of need.	32298

(3) The application for the approved certificate of need was	32299
not subject to comparative review under section 3702.593 of the	32300
Revised Code.	32301

(B) The director shall not accept an application for a	32302
replacement certificate that proposes to increase the number of	32303
long-term care beds to be relocated specified in the application	32304
for the approved certificate of need.	32305

(C) For the purpose of determining whether long-term care	32306
beds are from an existing long-term care facility, the director	32307
shall consider the date of filing of the application for a	32308
replacement certificate to be the same as the date of filing of	32309
the original application for the approved certificate of need.	32310

(D) Any long-term care beds that were approved in the	32311
approved certificate of need remain approved in the application	32312
for a replacement certificate.	32313

(E) The applicant shall submit with the application for a	32314
replacement certificate a nonrefundable fee equal to the	32315
application fee for the approved certificate of need.	32316

(F) Upon approval of the application for a replacement	32317
certificate, the original certificate of need is automatically	32318
voided.	32319

Sec. 3702.527. A bed described in division (O)(5) of section	32320
3702.51 of the Revised Code may be converted to a bed described in	32321
division (O)(1), (2), (3), or (4) of that section only as provided	32322
in the certificate of need under which the beds were approved or	32323
its replacement certificate of need.	32324

Sec. 3702.53. (A) No person shall carry out any reviewable	32325
activity unless a certificate of need for such activity has been	32326
granted under sections 3702.51 to 3702.62 of the Revised Code or	32327
the person is exempted by division ~~(S)~~(B) of section ~~3702.51~~	32328
3702.511 or section ~~3702.5210 or~~ 3702.62 of the Revised Code from	32329
the requirement that a certificate of need be obtained. No person	32330
shall carry out any reviewable activity if a certificate of need	32331
authorizing that activity has been withdrawn by the director of	32332
health under section 3702.52 or ~~3702.526~~3702.525 of the Revised	32333
Code. No person shall carry out a reviewable activity if the	32334
certificate of need authorizing that activity is void pursuant to	32335
section ~~3702.524~~3702.523 of the Revised Code or has expired	32336
pursuant to section ~~3702.525~~3702.524 of the Revised Code.	32337

(B) No person shall separate portions of any proposal for any	32338
reviewable activity to evade the requirements of sections 3702.51	32339
to 3702.62 of the Revised Code.	32340

(C) No person granted a certificate of need shall carry out	32341
the reviewable activity authorized by the certificate of need	32342
other than in substantial accordance with the approved application	32343
for the certificate of need.	32344

Sec. 3702.531. The director of health shall evaluate and may	32345
investigate evidence that appears to demonstrate that any person	32346
has violated section 3702.53 of the Revised Code. If the director	32347
elects to conduct an investigation, hethe director shall mail to	32348
the alleged violator by certified mail, return receipt requested,	32349
a notice that an investigation is underway.	32350

When conducting an investigation under this section, the	32351
director may request any relevant information pertaining to the	32352
alleged violation, including the total operating cost of the	32353
activity in question during the period of the alleged violation	32354
and the total capital cost associated with implementation of the	32355
activity. A person shall provide information requested by the	32356
director not later than forty-five days after receiving the	32357
director's request. The director also may issue and enforce, in	32358
the manner provided in Chapter 119. of the Revised Code, subpoenas	32359
duces tecum to compel the production of documents relevant to the	32360
alleged violation. The subpoenas may be served in any manner	32361
authorized by the rules of civil procedure.	32362

The director or ~~his~~the director's designee~~, which may~~	32363
~~include a health service agency,~~ may conduct a site visit to	32364
investigate an alleged violation of section 3702.53 of the Revised	32365
Code.	32366

Each investigation under this section shall be conducted in a	32367
manner that protects patient confidentiality. Names or other	32368
identifying information about any patient shall not be made public	32369
without the written consent of the patient or ~~his~~the patient's	32370
guardian, or, if the patient is a minor, ~~his~~the patient's parent	32371
or guardian.	32372

Sec. 3702.54. Except as provided in section 3702.541 of the	32373
Revised Code, divisions (A) and (B) of this section apply when the	32374
director of health determines that a person has violated section	32375
3702.53 of the Revised Code.	32376

(A) The director shall impose a civil penalty on the person	32377
in an amount equal to the greatest of the following:	32378

(1) Three thousand dollars;

32379

(2) Five per cent of the operating cost of the activity that	32380
constitutes the violation during the period of time it was	32381
conducted in violation of section 3702.53 of the Revised Code;	32382

(3) If a certificate of need was granted, two per cent of the	32383
total approved capital cost associated with implementation of the	32384
activity for which the certificate of need was granted.	32385

In no event, however, shall the penalty exceed two hundred	32386
fifty thousand dollars.	32387

(B)(1) Notwithstanding section 3702.52 of the Revised Code,	32388
the director shall refuse to accept for review any application for	32389
a certificate of need filed by or on behalf of the person, or any	32390
successor to the person or entity related to the person, for a	32391
period of not less than one year and not more than three years	32392
after the director mails the notice of the director's	32393
determination under section 3702.532 of the Revised Code or, if	32394
the determination is appealed under section 3702.60 of the Revised	32395
Code, the issuance of the order upholding the determination that	32396
is not subject to further appeal. In determining the length of	32397
time during which applications will not be accepted, the director	32398
may consider any of the following:	32399

(a) The nature and magnitude of the violation;

32400

(b) The ability of the person to have averted the violation;

32401

(c) Whether the person disclosed the violation to the	32402
director before the director commenced his investigation;	32403

(d) The person's history of compliance with sections 3702.51	32404
to 3702.62 and the rules adopted under section 3702.57 of the	32405
Revised Code;	32406

(e) Any community hardship that may result from refusing to	32407
accept future applications from the person.	32408

(2) Notwithstanding the one-year minimum imposed by division	32409
(B)(1) of this section, the director may establish a period of	32410
less than one year during which the director will refuse to accept	32411
certificate of need applications if, after reviewing all	32412
information available to the director, the director determines and	32413
expressly indicates in the notice mailed under section 3702.532 of	32414
the Revised Code that refusing to accept applications for a longer	32415
period would result in hardship to the community in which the	32416
person provides ~~health~~long-term care services. The director's	32417
finding of community hardship shall not affect the granting or	32418
denial of any future certificate of need application filed by the	32419
person.	32420

Sec. 3702.55. A person that the director of health	32421
determines has violated section 3702.53 of the Revised Code shall	32422
cease conducting the activity that constitutes the violation or	32423
utilizing the ~~equipment or~~ facility resulting from the violation	32424
not later than thirty days after the person receives the notice	32425
mailed under section 3702.532 of the Revised Code or, if the	32426
person appeals the director's determination under section 3702.60	32427
of the Revised Code, thirty days after the person receives an	32428
order upholding the director's determination that is not subject	32429
to further appeal.	32430

If any person determined to have violated section 3702.53 of	32431
the Revised Code fails to cease conducting an activity or using	32432
~~equipment or~~ a facility as required by this section or if the	32433
person continues to seek payment or reimbursement for services	32434
rendered or costs incurred in conducting the activity as	32435
prohibited by section 3702.56 of the Revised Code, in addition to	32436
the penalties imposed under section 3702.54 or 3702.541 of the	32437
Revised Code:	32438

(A) The director of health may refuse to include any beds	32439
involved in the activity in the bed capacity of a hospital for	32440
purposes of registration under section 3701.07 of the Revised	32441
Code;	32442

(B) The director of health may refuse to license, or may	32443
revoke a license or reduce bed capacity previously granted to, a	32444
hospice care program under section 3712.04 of the Revised Code; a	32445
nursing home, ~~rest home~~residential care facility, or home for the	32446
aging under section 3721.02 of the Revised Code; or any beds	32447
within any of those facilities that are involved in the activity;	32448

(C) A political subdivision certified under section 3721.09	32449
of the Revised Code may refuse to license, or may revoke a license	32450
or reduce bed capacity previously granted to, a nursing home, ~~rest~~	32451
~~home~~residential care facility, or home for the aging, or any beds	32452
within any of those facilities that are involved in the activity;	32453

(D) The director of mental health may refuse to license under	32454
section 5119.20 of the Revised Code, or may revoke a license or	32455
reduce bed capacity previously granted to, a hospital receiving	32456
mentally ill persons or beds within such a hospital that are	32457
involved in the activity;	32458

(E) The department of job and family services may refuse to	32459
enter into a provider agreement that includes a facility, beds, or	32460
services that result from the activity.	32461

Sec. 3702.56. No third-party payer or other person or	32462
~~government entity~~ is required to pay, and no person shall seek or	32463
accept payment or reimbursement for, any service rendered or costs	32464
incurred in conducting an activity during the period of time in	32465
which the activity was conducted in violation of section 3702.53	32466
of the Revised Code. Each person that accepts any amount in	32467
violation of this division shall refund that amount on request of	32468
the person ~~or government entity~~ that paid it.	32469

Sec. 3702.57. (A) The ~~public~~director of health ~~council~~	32470
shall adopt rules establishing procedures and criteria for reviews	32471
of applications for certificates of need and issuance, denial, or	32472
withdrawal of certificates.	32473

(1) In adopting rules that establish criteria for reviews of	32474
applications of certificates of need, the ~~council~~director shall	32475
consider the availability of and need for long-term care beds to	32476
provide care and treatment to persons diagnosed as having	32477
traumatic brain injuries and shall prescribe criteria for	32478
reviewing applications that propose to add long-term care beds to	32479
provide care and treatment to persons diagnosed as having	32480
traumatic brain injuries.	32481

(2) The criteria for reviews of applications for certificates	32482
of need shall relate to the need for the reviewable activity and	32483
shall pertain to all of the following matters:	32484

(a) The impact of the reviewable activity on the cost and	32485
quality of ~~health~~long-term care services in the relevant	32486
~~geographic~~service area, including, but not limited, to the	32487
historical and projected utilization of the services to which the	32488
application pertains and the effect of the reviewable activity on	32489
utilization of other providers of similar services;	32490

(b) The quality of the services to be provided as the result	32491
of the activity, as evidenced by the historical performance of the	32492
persons that will be involved in providing the services and by the	32493
provisions that are proposed in the application to ensure quality,	32494
including but not limited to adequate available personnel,	32495
available ancillary and support services, available equipment,	32496
size and configuration of physical plant, and relations with other	32497
providers;	32498

(c) The impact of the reviewable activity on the availability	32499
and accessibility of the type of services proposed in the	32500
application to the population of the relevant ~~geographic~~service	32501
area, and the level of access to the services proposed in the	32502
application that will be provided to medically underserved	32503
individuals such as recipients of public assistance and	32504
individuals who have no health insurance or whose health insurance	32505
is insufficient;	32506

(d) The activity's short- and long-term financial feasibility	32507
and cost-effectiveness, the impact of the activity on the	32508
applicant's costs and charges, and a comparison of the applicant's	32509
costs and charges with those of providers of similar services in	32510
the applicant's proposed service area;	32511

(e) The advantages, disadvantages, and costs of alternatives	32512
to the reviewable activity;	32513

(f) The impact of the activity on all other providers of	32514
similar services in the ~~health service area or other~~ relevant	32515
~~geographic~~service area, including the impact on their	32516
utilization, market share, and financial status;	32517

(g) The historical performance of the applicant and related	32518
or affiliated parties in complying with previously granted	32519
certificates of need and any applicable certification,	32520
accreditation, or licensure requirements;	32521

(h) ~~The relationship of the activity to the current edition~~	32522
~~of the state health resources plan issued under section 3702.521~~	32523
~~of the Revised Code;~~	32524

~~(i)~~ The historical performance of the applicant and related	32525
or affiliated parties in providing cost-effective ~~health~~long-term	32526
care services;	32527

~~(j)~~(i) The special needs and circumstances of the applicant	32528
or population proposed to be served by the proposed project,	32529
including research activities, prevalence of particular diseases,	32530
unusual demographic characteristics, cost-effective contractual	32531
affiliations, and other special circumstances;	32532

~~(k)~~(j) The appropriateness of the zoning status of the	32533
proposed site of the activity;	32534

~~(l)~~(k) The participation by the applicant in research	32535
conducted by the United States food and drug administration or	32536
clinical trials sponsored by the national institutes of health.	32537

(3) The criteria for reviews of applications shall include a	32538
formula for determining each county's long-term care bed need for	32539
purposes of section 3702.593 of the Revised Code and may include	32540
other formulas for determining need for beds.	32541

Any rules prescribing criteria that establish ratios of beds	32542
to population shall specify the bases for establishing the ratios	32543
or mitigating factors or exceptions to the ratios.	32544

(B) The ~~council~~director shall adopt rules specifying all of	32545
the following:	32546

(1) Information that must be provided in applications for	32547
certificates of need;	32548

(2) Procedures for reviewing applications for completeness of	32549
information;	32550

(3) Criteria for determining that the application is	32551
complete.	32552

(C) The ~~council~~director shall adopt rules specifying	32553
requirements that holders of certificates of need must meet in	32554
order for the certificates to remain valid and establishing	32555
definitions and requirements for obligation of capital	32556
expenditures and implementation of projects authorized by	32557
certificates of need.	32558

(D) The ~~council~~director shall adopt rules establishing	32559
criteria and procedures under which the director of health may	32560
withdraw a certificate of need if the holder fails to meet	32561
requirements for continued validity of the certificate.	32562

(E) The ~~council~~director shall adopt rules establishing	32563
procedures under which the department of health shall monitor	32564
project implementation activities of holders of certificates of	32565
need. The rules adopted under this division also may establish	32566
procedures for monitoring implementation activities of persons	32567
that have received nonreviewability rulings.	32568

(F) The ~~council~~director shall adopt rules establishing	32569
procedures under which the director of health shall review	32570
certificates of need whose holders exceed or appear likely to	32571
exceed an expenditure maximum specified in a certificate.	32572

(G) The ~~council~~director shall adopt rules establishing	32573
certificate of need application fees sufficient to pay the costs	32574
incurred by the department for administering sections 3702.51 to	32575
3702.62 of the Revised Code ~~and to pay health service agencies for~~	32576
~~the functions they perform under division (D)(5) of section~~	32577
~~3702.58 of the Revised Code~~. Unless rules are adopted under this	32578
division establishing different application fees, the application	32579
fee for a project not involving a capital expenditure shall be	32580
three thousand dollars and the application fee for a project	32581
involving a capital expenditure shall be nine-tenths of one per	32582
cent of the capital expenditure proposed subject to a minimum of	32583
three thousand dollars and a maximum of twenty thousand dollars.	32584

(H) The ~~council~~director shall adopt rules specifying	32585
information that is necessary to conduct reviews of certificate of	32586
need applications and to develop ~~recommendations for~~ criteria for	32587
reviews that ~~health~~long-term care facilities ~~and other health~~	32588
~~care providers~~ are to submit to the director under division ~~(G)~~(H)	32589
of section 3702.52 of the Revised Code.	32590

(I) The ~~council~~director shall adopt rules defining	32591
"affiliated person," "related person," and "ultimate controlling	32592
interest" for purposes of section ~~3702.524~~3702.523 of the Revised	32593
Code.	32594

(J) The ~~council~~director shall adopt rules prescribing	32595
requirements for holders of certificates of need to demonstrate to	32596
the director under section ~~3702.526~~3702.525 of the Revised Code	32597
that reasonable progress is being made toward completion of the	32598
reviewable activity and establishing standards by which the	32599
director shall determine whether reasonable progress is being	32600
made.	32601

(K) The ~~public health council~~director shall adopt all rules	32602
under divisions (A) to (J) of this section in accordance with	32603
Chapter 119. of the Revised Code. The ~~council~~director may adopt	32604
other rules as necessary to carry out the purposes of sections	32605
3702.51 to 3702.62 of the Revised Code.	32606

Sec. 3702.59. (A) The director of health shall accept for	32607
review certificate of need applications as provided in sections	32608
3702.592, 3702.593, and 3702.594 of the Revised Code.	32609

(B)(1) The director shall not approve an application for a	32610
certificate of need for the addition of long-term care beds to an	32611
existing ~~health~~long-term care facility or for the development of	32612
a new ~~health~~long-term care facility if any of the following	32613
apply:	32614

(a) The existing ~~health~~long-term care facility in which the	32615
beds are being placed has one or more waivers for life safety code	32616
deficiencies, one or more state fire code violations, or one or	32617
more state building code violations, and the project identified in	32618
the application does not propose to correct all life safety code	32619
deficiencies for which a waiver has been granted, all state fire	32620
code violations, and all state building code violations at the	32621
existing ~~health~~long-term care facility in which the beds are	32622
being placed;	32623

(b) During the sixty-month period preceding the filing of the	32624
application, a notice of proposed license revocation was issued	32625
under section 3721.03 of the Revised Code for the existing ~~health~~	32626
long-term care facility in which the beds are being placed or a	32627
nursing home owned or operated by the applicant or a principal	32628
participant.	32629

(c) During the period that precedes the filing of the	32630
application and is encompassed by the three most recent standard	32631
surveys of the existing ~~health~~long-term care facility in which	32632
the beds are being placed, any of the following occurred:	32633

(i) The facility was cited on three or more separate	32634
occasions for final, nonappealable actual harm but not immediate	32635
jeopardy deficiencies.	32636

(ii) The facility was cited on two or more separate occasions	32637
for final, nonappealable immediate jeopardy deficiencies.	32638

(iii) The facility was cited on two separate occasions for	32639
final, nonappealable actual harm but not immediate jeopardy	32640
deficiencies and on one occasion for a final, nonappealable	32641
immediate jeopardy deficiency.	32642

(d) More than two nursing homes owned or operated in this	32643
state by the applicant or a principal participant or, if the	32644
applicant or a principal participant owns or operates more than	32645
twenty nursing homes in this state, more than ten per cent of	32646
those nursing homes, were each cited during the period that	32647
precedes the filing of the application for the certificate of need	32648
and is encompassed by the three most recent standard surveys of	32649
the nursing homes that were so cited in any of the following	32650
manners:	32651

(i) On three or more separate occasions for final,	32652
nonappealable actual harm but not immediate jeopardy deficiencies;	32653

(ii) On two or more separate occasions for final,	32654
nonappealable immediate jeopardy deficiencies;	32655

(iii) On two separate occasions for final, nonappealable	32656
actual harm but not immediate jeopardy deficiencies and on one	32657
occasion for a final, nonappealable immediate jeopardy deficiency.	32658

(2) In applying divisions (B)(1)(a) to (d) of this section,	32659
the director shall not consider deficiencies or violations cited	32660
before the applicant or a principal participant acquired or began	32661
to own or operate the ~~health~~long-term care facility at which the	32662
deficiencies or violations were cited. The director may disregard	32663
deficiencies and violations cited after the ~~health~~long-term care	32664
facility was acquired or began to be operated by the applicant or	32665
a principal participant if the deficiencies or violations were	32666
attributable to circumstances that arose under the previous owner	32667
or operator and the applicant or principal participant has	32668
implemented measures to alleviate the circumstances. In the case	32669
of an application proposing development of a new ~~health~~long-term	32670
care facility by relocation of beds, the director shall not	32671
consider deficiencies or violations that were solely attributable	32672
to the physical plant of the existing ~~health~~long-term care	32673
facility from which the beds are being relocated.	32674

(C) The director also shall accept for review any application	32675
for the conversion of infirmary beds to long-term care beds if the	32676
infirmary meets all of the following conditions:	32677

(1) Is operated exclusively by a religious order;

32678

(2) Provides care exclusively to members of religious orders	32679
who take vows of celibacy and live by virtue of their vows within	32680
the orders as if related;	32681

(3) Was providing care exclusively to members of such a	32682
religious order on January 1, 1994.	32683

(D) Notwithstanding division (C)(2) of this section, a	32684
facility that has been granted a certificate of need under	32685
division (C) of this section may provide care to any of the	32686
following family members of the individuals described in division	32687
(C)(2) of this section: mothers, fathers, brothers, sisters,	32688
brothers-in-law, sisters-in-law, or children.	32689

The long-term care beds in a facility that have been granted	32690
a certificate of need under division (C) of this section may not	32691
be relocated pursuant to sections 3702.592 to 3702.594 of the	32692
Revised Code.	32693

Sec. 3702.592. (A) The director of health shall accept, for	32694
review under section 3702.52 of the Revised Code, certificate of	32695
need applications for any of the following purposes if the	32696
proposed increase in beds is attributable ~~solely~~ to a replacement	32697
or relocation of existing beds from an existing ~~health~~long-term	32698
care facility within the same county:	32699

(1) Approval of beds in a new ~~health~~long-term care facility	32700
or an increase of beds in an existing ~~health~~long-term care	32701
facility if the beds are proposed to be licensed as nursing home	32702
beds under Chapter 3721. of the Revised Code;	32703

(2) Approval of beds in a new county home or new county	32704
nursing home, or an increase of beds in an existing county home or	32705
existing county nursing home if the beds are proposed to be	32706
certified as skilled nursing facility beds under the medicare	32707
program, Title XVIII of the "Social Security Act," 49 Stat. 286	32708
(1965), 42 U.S.C. 1395, as amended, or nursing facility beds under	32709
the medicaid program, Title XIX of the "Social Security Act," 49	32710
Stat. 286 (1965), 42 U.S.C. 1396, as amended;	32711

(3) An increase of hospital beds registered pursuant to	32712
section 3701.07 of the Revised Code as long-term care beds;	32713

(4) An increase of hospital beds registered pursuant to	32714
section 3701.07 of the Revised Code as special skilled nursing	32715
beds that were originally authorized by and are operated in	32716
accordance with section ~~3702.522~~3702.521 of the Revised Code.	32717

(B) The director shall accept applications described in	32718
division (A) of this section at any time.	32719

Sec. 3702.593. (A) At the times specified in this section,	32720
the director of health shall accept, for review under section	32721
3702.52 of the Revised Code, certificate of need applications for	32722
any of the following purposes if the proposed increase in beds is	32723
attributable solely to relocation of existing beds from an	32724
existing ~~health~~long-term care facility in a county with excess	32725
beds to a ~~health~~long-term care facility in a county in which	32726
there are fewer long-term care beds than the county's bed need:	32727

(1) Approval of beds in a new ~~health~~long-term care facility	32728
or an increase of beds in an existing ~~health~~long-term care	32729
facility if the beds are proposed to be licensed as nursing home	32730
beds under Chapter 3721. of the Revised Code;	32731

(2) Approval of beds in a new county home or new county	32732
nursing home, or an increase of beds in an existing county home or	32733
existing county nursing home if the beds are proposed to be	32734
certified as skilled nursing facility beds under the medicare	32735
program, Title XVIII of the "Social Security Act," 49 Stat. 286	32736
(1965), 42 U.S.C. 1395, as amended, or nursing facility beds under	32737
the medicaid program, Title XIX of the "Social Security Act," 49	32738
Stat. 286 (1965), 42 U.S.C. 1396, as amended;	32739

(3) An increase of hospital beds registered pursuant to	32740
section 3701.07 of the Revised Code as long-term care beds.	32741

(B) For the purpose of implementing this section, the	32742
director shall do all of the following:	32743

(1) ~~Determine~~Not later than April 1, 2012, and every four	32744
years thereafter, determine the long-term care bed supply for each	32745
county, which shall consist of all of the following:	32746

(a) Nursing home beds licensed under Chapter 3721. of the	32747
Revised Code;	32748

(b) Beds certified as skilled nursing facility beds under the	32749
medicare program or nursing facility beds under the medicaid	32750
program;	32751

(c) Beds in any portion of a hospital that are properly	32752
registered under section 3701.07 of the Revised Code as skilled	32753
nursing beds, long-term care beds, or special skilled nursing	32754
beds;	32755

(d) Beds in a county home or county nursing home that are	32756
certified under section 5155.38 of the Revised Code as having been	32757
in operation on July 1, 1993, and are eligible for licensure as	32758
nursing home beds;	32759

~~(d)~~(e) Beds ~~held as approved long-term care beds under a~~	32760
~~certificate of need approved by the director~~described in division	32761
(O)(5) of section 3702.51 of the Revised Code.	32762

(2) Determine the long-term care bed occupancy rate for the	32763
state at the time the determination is made;	32764

(3) For each county, determine the county's bed need by	32765
identifying the number of long-term care beds that would be needed	32766
in the county in order for the statewide occupancy rate for a	32767
projected population aged sixty-five and older to be ninety per	32768
cent.	32769

In determining each county's bed need, the director shall use	32770
the formula developed in rules adopted under section 3702.57 of	32771
the Revised Code. ~~The director's first determination after the~~	32772
~~effective date of this section shall be made not later than April~~	32773
~~1, 2010. The second determination shall be made not later than~~	32774
~~April 1, 2012. Thereafter, a~~A determination shall be made every	32775
four years. After each determination is made, the director shall	32776
publish the county's bed need on the web site maintained by the	32777
department of health.	32778

(C) The director's consideration of a certificate of need	32779
that would increase the number of beds in a county shall be	32780
consistent with the county's bed need determined under division	32781
(B) of this section except as follows:	32782

(1) If a county's occupancy rate is less than eighty-five per	32783
cent, the county shall be considered to have no need for	32784
additional beds.	32785

(2) Even if a county is determined not to need any additional	32786
long-term care beds, the director may approve an increase in beds	32787
equal to up to ten per cent of the county's bed supply if the	32788
county's occupancy rate is greater than ninety per cent.	32789

(D)(1) ~~Applications made under this section shall be subject~~	32790
~~to comparative review.~~ The review period for the first ~~comparative~~	32791
review process ~~after the effective date of this section~~ shall	32792
begin July 1, 2010, and end June 30, 2012. The next review period	32793
shall begin July 1, 2012, and end June 30, 2016. Thereafter, the	32794
review period for each comparative review process shall begin on	32795
the first day of July following the end of the previous review	32796
period and shall be four years.	32797

(2) Certificate of need applications shall be accepted during	32798
the first month of the review period and reviewed ~~from the first~~	32799
~~day of the review period~~ through the thirtieth day of April of the	32800
following year.	32801

(3) Except for the first review period after ~~the effective~~	32802
~~date of this section~~October 16, 2009, each review period may	32803
consist of two phases. The first phase of the review period shall	32804
be the period during which the director accepts and reviews	32805
certificate of need applications as provided in division (D)(2) of	32806
this section. If the director determines that there will be	32807
acceptance and review of additional certificate of need	32808
applications, the second phase of the review period shall begin on	32809
the first day of July of the third year of the review period. The	32810
second phase shall be limited to acceptance and review of	32811
applications for redistribution of beds made available pursuant to	32812
division ~~(G)(2)~~(I) of this section. During the period between the	32813
first and second phases of the review period, the director shall	32814
act in accordance with division ~~(H)~~(I) of this section.	32815

(E) The director shall consider certificate of need	32816
applications in accordance with all of the following:	32817

(1) The number of beds approved for a county shall include	32818
only beds available for relocation from another county and shall	32819
not exceed the bed need of the receiving county;	32820

(2) The director shall consider the existence of community	32821
resources serving persons who are age sixty-five or older or	32822
disabled that are demonstrably effective in providing alternatives	32823
to long-term care facility placement.	32824

(3) The director shall approve relocation of beds from a	32825
county only if, after the relocation, the number of beds remaining	32826
in the county will exceed the county's bed need by at least one	32827
hundred beds;	32828

(4) The director shall approve relocation of beds from a	32829
~~health~~long-term care facility only if, after the relocation, the	32830
number of beds in the facility's service area is at least equal to	32831
the state bed need rate. For purposes of this division, a	32832
facility's service area shall be either of the following:	32833

(a) The census tract in which the facility is located, if the	32834
facility is located in an area designated by the United States	32835
secretary of health and human services as a health professional	32836
shortage area under the "Public Health Service Act," 88 Stat. 682	32837
(1944), 42 U.S.C. 254(e), as amended;	32838

(b) The area that is within a fifteen-mile radius of the	32839
facility's location, if the facility is not located in a health	32840
professional shortage area.	32841

(F) Applications made under this section are subject to	32842
comparative review if two or more applications are submitted	32843
during the same review period and any of the following applies:	32844

(1) The applications propose to relocate beds from the same	32845
county and the number of beds for which certificates of need are	32846
being requested totals more than the number of beds available in	32847
the county from which the beds are to be relocated.	32848

(2) The applications propose to relocate beds to the same	32849
county and the number of beds for which certificates of need are	32850
being requested totals more than the number of beds needed in the	32851
county to which the beds are to be relocated.	32852

(3) The applications propose to relocate beds from the same	32853
service area and the number of beds left in the service area from	32854
which the beds are being relocated would be less than the state	32855
bed need rate determined by the director.	32856

(G) In determining which applicants should receive preference	32857
in the comparative review process, the director shall consider all	32858
of the following as weighted priorities:	32859

(1) Whether the beds will be part of a continuing care	32860
retirement community;	32861

(2) Whether the beds will serve an underserved population,	32862
such as low-income individuals, individuals with disabilities, or	32863
individuals who are members of racial or ethnic minority groups;	32864

(3) Whether the project in which the beds will be included	32865
will provide alternatives to institutional care, such as adult	32866
day-care, home health care, respite or hospice care, mobile meals,	32867
residential care, independent living, or congregate living	32868
services;	32869

(4) Whether the ~~health~~long-term care facility's owner or	32870
operator will participate in medicaid waiver programs for	32871
alternatives to institutional care;	32872

(5) Whether the project in which the beds will be included	32873
will reduce alternatives to institutional care by converting	32874
residential care beds or other alternative care beds to long-term	32875
care beds;	32876

(6) Whether the facility in which the beds will be placed has	32877
positive resident and family satisfaction surveys;	32878

(7) Whether the facility in which the beds will be placed has	32879
fewer than fifty long-term care beds;	32880

(8) Whether the ~~health~~long-term care facility in which the	32881
beds will be placed is located within the service area of a	32882
hospital and is designed to accept patients for rehabilitation	32883
after an in-patient hospital stay;	32884

(9) Whether the ~~health~~long-term care facility in which the	32885
beds will be placed is or proposes to become a nurse aide training	32886
and testing site;	32887

(10) The rating, under the centers for medicare and medicaid	32888
services' five star nursing home quality rating system, of the	32889
~~health~~long-term care facility in which the beds will be placed.	32890

~~(G)(1) When a certificate of need application is approved~~	32891
~~during the initial phase of a four-year review period, on~~	32892
~~completion of the project under which the beds are relocated, that~~	32893
~~number of beds shall cease to be operated in the health care~~	32894
~~facility from which they were relocated and, if the licensure or~~	32895
~~certification of those beds cannot be or is not transferred to the~~	32896
~~facility to which the beds are relocated, the licensure or~~	32897
~~certification shall be surrendered.~~	32898

~~(2) In~~(H) A person who has submitted an application under	32899
this section that is not subject to comparative review may revise	32900
the site of the proposed project pursuant to section 3702.522 of	32901
the Revised Code.	32902

(I) When a certificate of need application is approved during	32903
the initial phase of a four-year review period, in addition to the	32904
actions required by division ~~(G)(1)~~(D) of ~~this~~ section 3702.52 of	32905
the Revised Code, the ~~health~~long-term care facility from which	32906
the beds were relocated shall reduce the number of beds operated	32907
in the facility by a number of beds equal to at least ten per cent	32908
of the number of beds relocated ~~and shall surrender the licensure~~	32909
~~or certification of those beds~~. If these beds are in a home	32910
licensed under Chapter 3721. of the Revised Code, the long-term	32911
care facility shall have the beds removed from the license. If the	32912
beds are in a facility that is certified as a skilled nursing	32913
facility or nursing facility under Title XVIII or XIX of the	32914
"Social Security Act," the facility shall surrender the	32915
certification of these beds. If the beds are registered as skilled	32916
nursing beds or long-term care beds under section 3701.07 of the	32917
Revised Code, the long-term care facility shall surrender the	32918
registration for these beds. This reduction shall be made not	32919
later than the completion date of the project for which the beds	32920
were relocated.	32921

~~(H)~~(J)(1) Once approval of certificate of need applications	32922
in the first phase of a four-year review period is complete, the	32923
director shall make a new determination of the bed need for each	32924
county by reducing the county's bed need by the number of beds	32925
approved for relocation to the county. The new bed-need	32926
determination shall be made not later than the first day of April	32927
of the third year of the review period.	32928

(2) The director may publish on the department's web site the	32929
remaining bed need for counties that will be considered for	32930
redistribution of beds that, in accordance with division ~~(G)(2)~~(I)	32931
of this section, have ceased or will cease to be operated. The	32932
director shall base the determination of whether to include a	32933
county on all of the following:	32934

(a) The statewide number of beds that, in accordance with	32935
division ~~(G)(2)~~(I) of this section, have ceased or will cease to	32936
be operated;	32937

(b) The county's remaining bed need;

32938

32939

~~(I)~~(K) If the director publishes the remaining bed need for a	32940
county under division ~~(H)~~(J)(2) of this section, the director may,	32941
beginning on the first day of the second phase of the review	32942
period, accept certificate of need applications for redistribution	32943
to ~~health~~long-term care facilities in that county of beds that	32944
have ceased or will cease operation in accordance with division	32945
~~(G)(2)~~(I) of this section. The total number of beds approved for	32946
redistribution in the second phase of a review period shall not	32947
exceed the number that have ceased or will cease operation in	32948
accordance with division ~~(G)(2)~~(I) of this section. Beds that are	32949
not approved for redistribution during the second phase of a	32950
review period shall not be available for redistribution at any	32951
future time.	32952

Sec. 3702.594. (A) The director of health shall accept, for	32953
review under section 3702.52 of the Revised Code, certificate of	32954
need applications for an increase in beds in an existing nursing	32955
home if all of the following conditions are met:	32956

(1) The proposed increase is attributable solely to a	32957
relocation of licensed nursing home beds from an existing nursing	32958
home to another existing nursing home located in a county that is	32959
contiguous to the county from which the beds are to be relocated;	32960

(2) Not more than a total of thirty nursing home beds are	32961
proposed for relocation to the same existing nursing home	32962
regardless of the number of applications filed. Once the	32963
cumulative total of beds relocated under this section to a nursing	32964
home reaches thirty, no further applications under this section	32965
will be accepted until the period of monitoring specified in	32966
division (E) of section 3702.52 of the Revised Code of the most	32967
recent reviewable activity implemented under this section has	32968
expired;	32969

(3) After the proposed relocation, there will be existing	32970
nursing home beds remaining in the county from which the beds are	32971
relocated;	32972

(4) The beds are proposed to be licensed as nursing home beds	32973
under Chapter 3721. of the Revised Code.	32974

(B) The director shall accept applications described in	32975
division (A) of this section at any time.	32976

Sec. 3702.60. (A) Any affected person may appeal a	32977
reviewability ruling ~~issued on or after April 20, 1995,~~ to the	32978
director of health in accordance with Chapter 119. of the Revised	32979
Code, and the director shall provide an adjudication hearing in	32980
accordance with that chapter. An affected person may appeal the	32981
director's ruling in the adjudication hearing to the tenth	32982
district court of appeals.	32983

(B) The certificate of need applicant or another affected	32984
person may appeal to the director in accordance with Chapter 119.	32985
of the Revised Code a decision issued by the director ~~on or after~~	32986
~~April 20, 1995,~~ to grant or deny a certificate of need application	32987
~~for which an adjudication hearing was not conducted under section~~	32988
~~3702.52 of the Revised Code~~, and the director shall provide an	32989
adjudication hearing in accordance with that chapter. The	32990
certificate of need applicant or other affected person that	32991
appeals the director's decision to grant or deny a certificate of	32992
need application must prove by a preponderance of the evidence	32993
that the director's decision is not in accordance with sections	32994
3702.52 to 3702.62 of the Revised Code or rules adopted under	32995
those sections. The certificate of need applicant or an affected	32996
person that was a party to and participated in an adjudication	32997
hearing conducted under this division ~~or section 3702.52 of the~~	32998
~~Revised Code~~ may appeal to the tenth district court of appeals the	32999
decision issued by the director following the adjudication	33000
hearing. ~~No person may appeal to the director or a court the~~	33001
~~director's granting of a certificate of need prior to June 30,~~	33002
~~1995, under the version of section 3702.52 of the Revised Code in~~	33003
~~effect immediately prior to that date due to failure to submit~~	33004
~~timely written objections, no person may appeal to the director or~~	33005
~~a court the director's granting of a certificate of need under~~	33006
~~division (C)(1) of section 3702.52 of the Revised Code.~~	33007

(C) The certificate of need holder may appeal to the director	33008
in accordance with Chapter 119. of the Revised Code a decision	33009
issued by the director under section 3702.52 or ~~3702.526~~3702.525	33010
of the Revised Code ~~on or after April 20, 1995,~~ to withdraw a	33011
certificate of need, and the director shall provide an	33012
adjudication hearing in accordance with that chapter. The person	33013
may appeal the director's ruling in the adjudication hearing to	33014
the tenth district court of appeals.	33015

(D) Any person determined by the director to have violated	33016
section 3702.53 of the Revised Code may appeal that determination,	33017
or the penalties imposed under section 3702.54 or 3702.541 of the	33018
Revised Code, to the director in accordance with Chapter 119. of	33019
the Revised Code, and the director shall provide an adjudication	33020
hearing in accordance with that chapter. The person may appeal the	33021
director's ruling in the adjudication hearing to the tenth	33022
district court of appeals.	33023

(E) Each person appealing under this section to the director	33024
shall file with the director, not later than thirty days after the	33025
decision, ruling, or determination of the director was mailed, a	33026
notice of appeal designating the decision, ruling, or	33027
determination appealed from.	33028

(F) Each person appealing under this section to the tenth	33029
district court of appeals shall file with the court, not later	33030
than thirty days after the date the director's adjudication order	33031
was mailed, a notice of appeal designating the order appealed	33032
from. The appellant also shall file notice with the director not	33033
later than thirty days after the date the order was mailed.	33034

(1) Not later than thirty days after receipt of the notice of	33035
appeal, the director shall prepare and certify to the court the	33036
complete record of the proceedings out of which the appeal arises.	33037
The expense of preparing and transcribing the record shall be	33038
taxed as part of the costs of the appeal. In the event that the	33039
record or a part thereof is not certified within the time	33040
prescribed by this division, the appellant may apply to the court	33041
for an order that the record be certified.	33042

(2) In hearing the appeal, the court shall consider only the	33043
evidence contained in the record certified to it by the director.	33044
The court may remand the matter to the director for the admission	33045
of additional evidence on a finding that the additional evidence	33046
is material, newly discovered, and could not with reasonable	33047
diligence have been ascertained before the hearing before the	33048
director. Except as otherwise provided by statute, the court shall	33049
give the hearing on the appeal preference over all other civil	33050
matters, irrespective of the position of the proceedings on the	33051
calendar of the court.	33052

(3) The court shall affirm the director's order if it finds,	33053
upon consideration of the entire record and any additional	33054
evidence admitted under division (F)(2) of this section, that the	33055
order is supported by reliable, probative, and substantial	33056
evidence and is in accordance with law. In the absence of such a	33057
finding, it shall reverse, vacate, or modify the order.	33058

(4) If the court determines that the director committed	33059
material procedural error, the court shall remand the matter to	33060
the director for further consideration or action.	33061

(G) The court may award reasonable attorney's fees against	33062
the appellant if it determines that the appeal was frivolous.	33063
Sections 119.092, 119.093, and 2335.39 of the Revised Code do not	33064
apply to adjudication hearings under this section or section	33065
3702.52 of the Revised Code and judicial appeals under this	33066
section.	33067

(H) No person may intervene in an appeal brought under this	33068
section.	33069

Sec. 3702.62. ~~(A) Any action pursuant to section 140.03,~~	33070
~~140.04, 140.05, 307.091, 313.21, 339.01, 339.021, 339.03, 339.06,~~	33071
~~339.08, 339.09, 339.12, 339.14, 513.05, 513.07, 513.08, 513.081,~~	33072
~~513.12, 513.15, 513.17, 513.171, 749.02, 749.03, 749.14, 749.16,~~	33073
~~749.20, 749.25, 749.28, 749.35, 1751.06, or 3707.29 of the Revised~~	33074
~~Code shall be taken in accordance with sections 3702.51 to 3702.61~~	33075
~~of the Revised Code.~~	33076

~~(B) A nursing home certified as an intermediate care facility~~	33077
~~for the mentally retarded under Title XIX of the "Social Security~~	33078
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, that is~~	33079
~~required to apply for licensure as a residential facility under~~	33080
~~section 5123.19 of the Revised Code is not, with respect to the~~	33081
~~portion of the home certified as an intermediate care facility for~~	33082
~~the mentally retarded, subject to sections~~Sections 3702.51 to	33083
3702.61 of the Revised Code do not apply to any part of long-term	33084
care facility's campus that is certified as an intermediate care	33085
facility for the mentally retarded under Title XIX of the "Social	33086
Security Act," 79 Stat. 343 (1965), 42 U.S.C. 1396 et seq., as	33087
amended.	33088

Sec. 3703.01. (A) Except as otherwise provided in this	33089
section, the division of ~~labor~~industrial compliance in the	33090
department of commerce shall do all of the following:	33091

(1) Inspect all nonresidential buildings within the meaning	33092
of section 3781.06 of the Revised Code;	33093

(2) Condemn all unsanitary or defective plumbing that is	33094
found in connection with those places;	33095

(3) Order changes in plumbing necessary to insure the safety	33096
of the public health.	33097

(B)(1)(a) The division of ~~labor~~industrial compliance, boards	33098
of health of city and general health districts, and county	33099
building departments shall not inspect plumbing or collect fees	33100
for inspecting plumbing in particular types of buildings in any	33101
municipal corporation that is certified by the board of building	33102
standards under section 3781.10 of the Revised Code to exercise	33103
enforcement authority for plumbing in those types of buildings.	33104

(b) The division shall not inspect plumbing or collect fees	33105
for inspecting plumbing in particular types of buildings in any	33106
health district that employs one or more plumbing inspectors	33107
certified pursuant to division (D) of this section to enforce	33108
Chapters 3781. and 3791. of the Revised Code and the rules adopted	33109
pursuant to those chapters relating to plumbing in those types of	33110
buildings.	33111

(c) The division shall not inspect plumbing or collect fees	33112
for inspecting plumbing in particular types of buildings in any	33113
health district where the county building department is authorized	33114
to inspect those types of buildings pursuant to a contract	33115
described in division (C)(1) of this section.	33116

(d) The division shall not inspect plumbing or collect fees	33117
for inspecting plumbing in particular types of buildings in any	33118
health district where the board of health has entered into a	33119
contract with the board of health of another district to conduct	33120
inspections pursuant to division (C)(2) of this section.	33121

(2) No county building department shall inspect plumbing or	33122
collect fees for inspecting plumbing in any type of building in a	33123
health district unless the department is authorized to inspect	33124
that type of building pursuant to a contract described in division	33125
(C)(1) of this section.	33126

(3) No municipal corporation shall inspect plumbing or	33127
collect fees for inspecting plumbing in types of buildings for	33128
which it is not certified by the board of building standards under	33129
section 3781.10 of the Revised Code to exercise enforcement	33130
authority.	33131

(4) No board of health of a health district shall inspect	33132
plumbing or collect fees for inspecting plumbing in types of	33133
buildings for which it does not have a plumbing inspector	33134
certified pursuant to division (D) of this section.	33135

(C)(1) The board of health of a health district may enter	33136
into a contract with a board of county commissioners to authorize	33137
the county building department to inspect plumbing in buildings	33138
within the health district. The contract may designate that the	33139
department inspect either residential or nonresidential buildings,	33140
as those terms are defined in section 3781.06 of the Revised Code,	33141
or both types of buildings, so long as the department employs or	33142
contracts with a plumbing inspector certified pursuant to division	33143
(D) of this section to inspect the types of buildings the contract	33144
designates. The board of health may enter into a contract	33145
regardless of whether the health district employs any certified	33146
plumbing inspectors to enforce Chapters 3781. and 3791. of the	33147
Revised Code.	33148

(2) The board of health of a health district, regardless of	33149
whether it employs any certified plumbing inspectors to enforce	33150
Chapters 3781. and 3791. of the Revised Code, may enter into a	33151
contract with the board of health of another health district to	33152
authorize that board to inspect plumbing in buildings within the	33153
contracting board's district. The contract may designate the	33154
inspection of either residential or nonresidential buildings as	33155
defined in section 3781.06 of the Revised Code, or both types of	33156
buildings, so long as the board that performs the inspections	33157
employs a plumbing inspector certified pursuant to division (D) of	33158
this section to inspect the types of buildings the contract	33159
designates.	33160

(D) The superintendent of ~~labor~~industrial compliance shall	33161
adopt rules prescribing minimum qualifications based on education,	33162
training, experience, or demonstrated ability, that the	33163
superintendent shall use in certifying or recertifying plumbing	33164
inspectors to do plumbing inspections for health districts and	33165
county building departments that are authorized to perform	33166
inspections pursuant to a contract under division (C)(1) of this	33167
section, and for continuing education of plumbing inspectors.	33168
Those minimum qualifications shall be related to the types of	33169
buildings for which a person seeks certification.	33170

(E) The superintendent may enter into reciprocal	33171
registration, licensure, or certification agreements with other	33172
states and other agencies of this state relative to plumbing	33173
inspectors if both of the following apply:	33174

(1) The requirements for registration, licensure, or	33175
certification of plumbing inspectors under the laws of the other	33176
state or laws administered by the other agency are substantially	33177
equal to the requirements the superintendent adopts under division	33178
(D) of this section for certifying plumbing inspectors.	33179

(2) The other state or agency extends similar reciprocity to	33180
persons certified under this chapter.	33181

(F) The superintendent may select and contract with one or	33182
more persons to do all of the following regarding examinations for	33183
certification of plumbing inspectors:	33184

(1) Prepare, administer, score, and maintain the	33185
confidentiality of the examination;	33186

(2) Maintain responsibility for all expenses required to	33187
comply with division (F)(1) of this section;	33188

(3) Charge each applicant a fee for administering the	33189
examination in an amount the superintendent authorizes;	33190

(4) Design the examination for certification of plumbing	33191
inspectors to determine an applicant's competence to inspect	33192
plumbing.	33193

(G) Standards and methods prescribed in local plumbing	33194
regulations shall not be less than those prescribed in Chapters	33195
3781. and 3791. of the Revised Code and the rules adopted pursuant	33196
to those chapters.	33197

(H) Notwithstanding any other provision of this section, the	33198
division shall make a plumbing inspection of any building or other	33199
place that there is reason to believe is in a condition to be a	33200
menace to the public health.	33201

Sec. 3703.03. In the administration of sections 3703.01 to	33202
3703.08 of the Revised Code, the division of ~~labor~~industrial	33203
compliance shall enforce rules governing plumbing adopted by the	33204
board of building standards under authority of sections 3781.10	33205
and 3781.11 of the Revised Code, and register those persons	33206
engaged in or at the plumbing business.	33207

Plans and specifications for all plumbing to be installed in	33208
or for buildings coming within such sections shall be submitted to	33209
and approved by the division before the contract for plumbing is	33210
let.	33211

Sec. 3703.04. The superintendent of ~~labor~~industrial	33212
compliance shall appoint such number of plumbing inspectors as is	33213
required. The inspectors shall be practical plumbers with at least	33214
seven years' experience, and skilled and well-trained in matters	33215
pertaining to sanitary regulations concerning plumbing work.	33216

Sec. 3703.05. Plumbing inspectors employed by the division	33217
of ~~labor~~industrial compliance assigned to the enforcement of	33218
sections 3703.01 to 3703.08 of the Revised Code may, between	33219
sunrise and sunset, enter any building where there is good and	33220
sufficient reason to believe that the sanitary condition of the	33221
premises endangers the public health, for the purpose of making an	33222
inspection to ascertain the condition of the premises.	33223

Sec. 3703.06. When any building is found to be in a sanitary	33224
condition or when changes which are ordered, under authority of	33225
this chapter, in the plumbing, drainage, or ventilation have been	33226
made, and after a thorough inspection and approval by the	33227
superintendent of ~~labor~~industrial compliance, the superintendent	33228
shall issue a certificate, which shall be posted in a conspicuous	33229
place for the benefit of the public at large. Upon notification by	33230
the superintendent, the certificate shall be revoked for any	33231
violation of those sections.	33232

Sec. 3703.07. No plumbing work shall be done in any building	33233
or place coming within the jurisdiction of the division of ~~labor~~	33234
industrial compliance, except in cases of repairs or leaks in	33235
existing plumbing, until a permit has been issued by the division.	33236

Before granting such permit, an application shall be made by	33237
the owner of the property or by the person, firm, or corporation	33238
which is to do the work. The application shall be made on a form	33239
prepared by the division for the purpose, and each application	33240
shall be accompanied by a fee of twenty-seven dollars, and an	33241
additional fee of seven dollars for each trap, vented fixture,	33242
appliance, or device. Each application also shall be accompanied	33243
by a plan approval fee of eighteen dollars for work containing one	33244
through twenty fixtures; thirty-six dollars for work containing	33245
twenty-one through forty fixtures; and fifty-four dollars for work	33246
containing forty-one or more fixtures.	33247

Whenever a reinspection is made necessary by the failure of	33248
the applicant or plumbing contractor to have the work ready for	33249
inspection when so reported, or by reason of faulty or improper	33250
installation, the person shall pay a fee of forty-five dollars for	33251
each reinspection.	33252

All fees collected pursuant to this section shall be paid	33253
into the state treasury to the credit of the ~~labor~~industrial	33254
compliance operating fund created in section 121.084 of the	33255
Revised Code.	33256

The superintendent of ~~labor~~industrial compliance, by rule	33257
adopted in accordance with Chapter 119. of the Revised Code, may	33258
increase the fees required by this section and may establish fees	33259
to pay the costs of the division to fulfill its duties established	33260
by this chapter, including, but not limited to, fees for	33261
administering a program for continuing education for, and	33262
certifying and recertifying plumbing inspectors. The fees shall	33263
bear some reasonable relationship to the cost of administering and	33264
enforcing the provisions of this chapter.	33265

Sec. 3703.08. Any owner, agent, or manager of a building in	33266
which an inspection is made by the division of ~~labor~~industrial	33267
compliance, a board of health of a health district, or a certified	33268
department of building inspection of a municipal corporation or a	33269
county shall have the entire system of drainage and ventilation	33270
repaired, as the division, board of health, or department of	33271
building inspection directs by its order. After due notice to	33272
repair that work is given, the owner, agent, or manager shall	33273
notify the public authority that issued the order when the work is	33274
ready for its inspection. No person shall fail to have the work	33275
ready for inspection at the time specified in the notice.	33276

Sec. 3703.10. All prosecutions and proceedings by the	33277
division of ~~labor~~industrial compliance for the violation of	33278
sections 3703.01 to 3703.08 of the Revised Code, or for the	33279
violation of any of the orders or rules of the division under	33280
those sections, shall be instituted by the superintendent of	33281
~~labor~~industrial compliance. All fines or judgments collected by	33282
the division shall be paid into the state treasury to the credit	33283
of the ~~labor~~industrial compliance operating fund created by	33284
section 121.084 of the Revised Code.	33285

The superintendent, the board of health of a general or city	33286
health district, or any person charged with enforcing the rules of	33287
the division adopted under sections 3703.01 to 3703.08 of the	33288
Revised Code may petition the court of common pleas for injunctive	33289
or other appropriate relief requiring any person violating a rule	33290
adopted or order issued by the superintendent under those sections	33291
to comply with the rule or order. The court of common pleas of the	33292
county in which the offense is alleged to be occurring may grant	33293
injunctive or other appropriate relief.	33294

The superintendent may do all of the following:

33295

(A) Deny an applicant certification as a plumbing inspector;

33296

(B) Suspend or revoke the certification of a plumbing	33297
inspector;	33298

33299

(D) Examine the records and books of any certified plumbing	33300
inspector if the superintendent finds the material to be examined	33301
relevant to a determination described in division (A), (B), or (C)	33302
of this section.	33303

Sec. 3703.21. (A) Within ninety days after September 16,	33304
2004, the superintendent of ~~labor~~industrial compliance shall	33305
appoint a backflow advisory board consisting of not more than ten	33306
members, who shall serve at the pleasure of the superintendent.	33307
The superintendent shall appoint a representative from the	33308
plumbing section of the division of ~~labor~~industrial compliance,	33309
three representatives recommended by the plumbing administrator of	33310
the division of ~~labor~~industrial compliance, a representative of	33311
the drinking water program of the Ohio environmental protection	33312
agency, three representatives recommended by the director of	33313
environmental protection, and not more than two members who are	33314
not employed by the plumbing or water industry.	33315

The board shall advise the superintendent on matters	33316
pertaining to the training and certification of backflow	33317
technicians.	33318

(B) The superintendent shall adopt rules in accordance with	33319
Chapter 119. of the Revised Code to provide for the certification	33320
of backflow technicians. The rules shall establish all of the	33321
following requirements, specifications, and procedures:	33322

(1) Requirements and procedures for the initial certification	33323
of backflow technicians, including eligibility criteria and	33324
application requirements and fees;	33325

(2) Specifications concerning and procedures for taking	33326
examinations required for certification as a backflow technician,	33327
including eligibility criteria to take the examination and	33328
application requirements and fees for taking the examination;	33329

(3) Specifications concerning and procedures for renewing a	33330
certification as a backflow technician, including eligibility	33331
criteria, application requirements, and fees for renewal;	33332

(4) Specifications concerning and procedures for both of the	33333
following:	33334

(a) Approval of training agencies authorized to teach	33335
required courses to candidates for certification as backflow	33336
technicians or continuing education courses to certified backflow	33337
technicians;	33338

(b) Renewal of the approval described in division (B)(4)(a)	33339
of this section.	33340

(5) Education requirements that candidates for initial	33341
certification as backflow technicians must satisfy and continuing	33342
education requirements that certified backflow technicians must	33343
satisfy;	33344

(6) Grounds and procedures for denying, suspending, or	33345
revoking certification, or denying the renewal of certification,	33346
as a backflow technician;	33347

(7) Procedures for issuing administrative orders for the	33348
remedy of any violation of this section or any rule adopted	33349
pursuant to division (B) of this section, including, but not	33350
limited to, procedures for assessing a civil penalty authorized	33351
under division (D) of this section;	33352

(8) Any provision the superintendent determines is necessary	33353
to administer or enforce this section.	33354

(C) No individual shall engage in the installation, testing,	33355
or repair of any isolation backflow prevention device unless that	33356
individual possesses a valid certification as a backflow	33357
technician. This division does not apply with respect to the	33358
installation, testing, or repair of any containment backflow	33359
prevention device.	33360

(D) Whoever violates division (C) of this section or any rule	33361
adopted pursuant to division (B) of this section shall pay a civil	33362
penalty of not more than five thousand dollars for each day that	33363
the violation continues. The superintendent may, by order, assess	33364
a civil penalty under this division, or may request the attorney	33365
general to bring a civil action to impose the civil penalty in the	33366
court of common pleas of the county in which the violation	33367
occurred or where the violator resides.	33368

(E) Any action taken under a rule adopted pursuant to	33369
division (B)(6) of this section is subject to the appeal process	33370
of Chapter 119. of the Revised Code. An administrative order	33371
issued pursuant to rules adopted under division (B)(7) of this	33372
section and an appeal to that type of administrative order shall	33373
be executed in accordance with Chapter 119. of the Revised Code.	33374

(F) As used in this section:

33375

(1) "Isolation backflow prevention device" means a device for	33376
the prevention of the backflow of liquids, solids, or gases that	33377
is regulated by the building code adopted pursuant to section	33378
3781.10 of the Revised Code and rules adopted pursuant to this	33379
section.	33380

(2) "Containment backflow prevention device" means a device	33381
for the prevention of the backflow of liquids, solids, or gases	33382
that is installed by the supplier of, or as a requirement of, any	33383
public water system as defined in division (A) of section 6109.01	33384
of the Revised Code.	33385

Sec. 3703.99. Whoever violates sections 3703.01 to 3703.08	33386
of the Revised Code, or any rule the division of ~~labor~~industrial	33387
compliance is required to enforce under such sections, shall be	33388
fined not less than ten nor more than one hundred dollars or	33389
imprisoned for not less than ten nor more than ninety days, or	33390
both. No person shall be imprisoned under this section for the	33391
first offense, and the prosecution always shall be as for a first	33392
offense unless the affidavit upon which the prosecution is	33393
instituted contains the allegation that the offense is a second or	33394
repeated offense.	33395

Sec. 3704.035. (A) There is hereby created in the state	33396
treasury the Title V clean air fund. Except as otherwise provided	33397
in division (K) of section 3745.11 of the Revised Code, all moneys	33398
collected under ~~divisions (C), (D), (F), (G), (H), (I), and (J)~~	33399
division (B) of that section ~~and under section 3745.111 of the~~	33400
~~Revised Code~~, and any gifts, grants, or contributions received by	33401
the director of environmental protection for the purposes of the	33402
fund, shall be credited to the fund. ~~The director shall expend~~	33403
~~moneys from the fund exclusively to pay the cost of administering~~	33404
~~and enforcing the laws of this state pertaining to the prevention,~~	33405
~~control, and abatement of air pollution and rules adopted and~~	33406
~~terms and conditions of permits, variances, and orders issued~~	33407
~~under those laws, except that the director shall not expend moneys~~	33408
~~credited to the fund for the administration and enforcement of~~	33409
~~motor vehicle inspection and maintenance programs and requirements~~	33410
~~under sections 3704.14, 3704.141, 3704.16, 3704.161, and 3704.162~~	33411
~~of the Revised Code.~~	33412

~~Specifically, the~~The director shall expend all moneys	33413
credited to the fund ~~from fees assessed under section 3745.11 of~~	33414
~~the Revised Code pursuant to the Title V permit program~~	33415
~~established under section 3704.036 of the Revised Code, and from~~	33416
~~any gifts, grants, or contributions received for the purposes of~~	33417
~~that program,~~ solely to administer and enforce ~~that~~the Title V	33418
program pursuant to the federal Clean Air Act, this chapter, and	33419
rules adopted under it, except as costs relating to enforcement	33420
are limited by the federal Clean Air Act. The director shall	33421
establish separate and distinct accounting for all such moneys.	33422

(B) There is hereby created in the state treasury the	33423
non-Title V clean air fund. All money collected under divisions	33424
(D), (F), (G), (H), (I), and (J) of section 3745.11 of the Revised	33425
Code shall be credited to the fund. In addition, any gifts,	33426
grants, or contributions received by the director for the purposes	33427
of the fund shall be credited to the fund.	33428

The director shall expend money in the fund exclusively to	33429
pay the cost of administering and enforcing the laws of this state	33430
pertaining to the prevention, control, and abatement of air	33431
pollution, rules adopted under those laws, and terms and	33432
conditions of permits, variances, and orders issued under those	33433
laws. However, the director shall not expend money credited to the	33434
fund for the administration and enforcement of the Title V permit	33435
program established under this chapter and rules adopted under it	33436
or motor vehicle inspection and maintenance programs established	33437
under sections 3704.14, 3704.141, 3704.16, 3704.161, and 3704.162	33438
of the Revised Code.	33439

(C) The director shall report biennially to the general	33440
assembly the amounts of fees and other moneys credited to the ~~fund~~	33441
funds under this section and the amounts expended from itthem for	33442
each of the various air pollution control programs.	33443

Sec. 3705.24. (A)(1) The ~~public~~director of health ~~council~~	33444
shall, in accordance with section 111.15 of the Revised Code,	33445
adopt rules prescribing fees for the following items or services	33446
provided by the state office of vital statistics:	33447

(a) Except as provided in division (A)(4) of this section:

33448

(i) A certified copy of a vital record or a certification of	33449
birth;	33450

(ii) A search by the office of vital statistics of its files	33451
and records pursuant to a request for information, regardless of	33452
whether a copy of a record is provided;	33453

(iii) A copy of a record provided pursuant to a request.

33454

(b) Replacement of a birth certificate following an adoption,	33455
legitimation, paternity determination or acknowledgement, or court	33456
order;	33457

33458

(d) Amendment of a vital record that is requested later than	33459
one year after the filing date of the vital record;	33460

(e) Any other documents or services for which the ~~public~~	33461
~~health council~~director considers the charging of a fee	33462
appropriate.	33463

(2) Fees prescribed under division (A)(1)(a) of this section	33464
shall not be less than twelve dollars.	33465

(3) Fees prescribed under division (A)(1) of this section	33466
shall be collected in addition to any fees required by sections	33467
3109.14 and 3705.242 of the Revised Code.	33468

(4) Fees prescribed under division (A) of this section shall	33469
not apply to certifications issued under division (H) of this	33470
section or copies provided under section 3705.241 of the Revised	33471
Code.	33472

(B) In addition to the fees prescribed under division (A) of	33473
this section or section 3709.09 of the Revised Code, the office of	33474
vital statistics, the board of health of a city or general health	33475
district, or a local registrar of vital statistics who is not a	33476
salaried employee of a city or general health district shall	33477
charge a five-dollar fee for each certified copy of a vital record	33478
and each certification of birth. This fee shall be deposited in	33479
the general operations fund created under section 3701.83 of the	33480
Revised Code and be used to support the operations, the	33481
modernization, and the automation of the vital records program in	33482
this state. A board of health or a local registrar shall forward	33483
all fees collected under this division to the department of health	33484
not later than thirty days after the end of each calendar quarter.	33485

(C) Except as otherwise provided in division (H) of this	33486
section, and except as provided in section 3705.241 of the Revised	33487
Code, fees collected by the director of health under sections	33488
3705.01 to 3705.29 of the Revised Code shall be paid into the	33489
state treasury to the credit of the general operations fund	33490
created by section 3701.83 of the Revised Code. Except as provided	33491
in division (B) or (I) of this section, money generated by the	33492
fees shall be used only for administration and enforcement of this	33493
chapter and the rules adopted under it. Amounts submitted to the	33494
department of health for copies of vital records or services in	33495
excess of the fees imposed by this section shall be dealt with as	33496
follows:	33497

(1) An overpayment of two dollars or less shall be retained	33498
by the department and deposited in the state treasury to the	33499
credit of the general operations fund created by section 3701.83	33500
of the Revised Code.	33501

(2) An overpayment in excess of two dollars shall be returned	33502
to the person who made the overpayment.	33503

(D) If a local registrar is a salaried employee of a city or	33504
a general health district, any fees the local registrar receives	33505
pursuant to section 3705.23 of the Revised Code shall be paid into	33506
the general fund of the city or the health fund of the general	33507
health district.	33508

Each local registrar of vital statistics, or each health	33509
district where the local registrar is a salaried employee of the	33510
district, shall be entitled to a fee for each birth, fetal death,	33511
death, or military service certificate properly and completely	33512
made out and registered with the local registrar or district and	33513
correctly copied and forwarded to the office of vital statistics	33514
in accordance with the population of the primary registration	33515
district at the last federal census. The fee for each birth, fetal	33516
death, death, or military service certificate shall be:	33517

(1) In primary registration districts of over two hundred	33518
fifty thousand, twenty cents;	33519

(2) In primary registration districts of over one hundred	33520
twenty-five thousand and less than two hundred fifty thousand,	33521
sixty cents;	33522

(3) In primary registration districts of over fifty thousand	33523
and less than one hundred twenty-five thousand, eighty cents;	33524

(4) In primary registration districts of less than fifty	33525
thousand, one dollar.	33526

(E) The director of health shall annually certify to the	33527
county treasurers of the several counties the number of birth,	33528
fetal death, death, and military service certificates registered	33529
from their respective counties with the names of the local	33530
registrars and the amounts due each registrar and health district	33531
at the rates fixed in this section. Such amounts shall be paid by	33532
the treasurer of the county in which the registration districts	33533
are located. No fees shall be charged or collected by registrars	33534
except as provided by this chapter and section 3109.14 of the	33535
Revised Code.	33536

(F) A probate judge shall be paid a fee of fifteen cents for	33537
each certified abstract of marriage prepared and forwarded by the	33538
probate judge to the department of health pursuant to section	33539
3705.21 of the Revised Code. The fee shall be in addition to the	33540
fee paid for a marriage license and shall be paid by the	33541
applicants for the license.	33542

(G) The clerk of a court of common pleas shall be paid a fee	33543
of one dollar for each certificate of divorce, dissolution, and	33544
annulment of marriage prepared and forwarded by the clerk to the	33545
department pursuant to section 3705.21 of the Revised Code. The	33546
fee for the certified abstract of divorce, dissolution, or	33547
annulment of marriage shall be added to the court costs allowed in	33548
these cases.	33549

(H) The fee for an heirloom certification of birth issued	33550
pursuant to division (B)(2) of section 3705.23 of the Revised Code	33551
shall be an amount prescribed by rule by the director of health	33552
plus any fee required by section 3109.14 of the Revised Code. In	33553
setting the amount of the fee, the director shall establish a	33554
surcharge in addition to an amount necessary to offset the expense	33555
of processing heirloom certifications of birth. The fee prescribed	33556
by the director of health pursuant to this division shall be	33557
deposited into the state treasury to the credit of the heirloom	33558
certification of birth fund which is hereby created. Money	33559
credited to the fund shall be used by the office of vital	33560
statistics to offset the expense of processing heirloom	33561
certifications of birth. However, the money collected for the	33562
surcharge, subject to the approval of the controlling board, shall	33563
be used for the purposes specified by the family and children	33564
first council pursuant to section 121.37 of the Revised Code.	33565

(I)(1) Four dollars of each fee collected by the board of	33566
health of a city or general health district for a certified copy	33567
of a vital record or a certification of birth shall be transferred	33568
to the office of vital statistics not later than thirty days after	33569
the end of each calendar quarter. The amount collected shall be	33570
used to support public health systems. Of each four dollars	33571
collected, one dollar shall be used by the director of health to	33572
pay subsidies to boards of health. The subsidies shall be	33573
distributed in accordance with the same formula established under	33574
section 3701.342 of the Revised Code for the distribution of state	33575
health district subsidy funds to boards of health and local health	33576
departments.	33577

(2) Four dollars of each fee collected by a local registrar	33578
of vital statistics who is not a salaried employee of a city or	33579
general health district, for a certified copy of a vital record or	33580
certification of birth, shall be transferred to the office of	33581
vital statistics not later than thirty days after the end of each	33582
calendar quarter. The amount collected shall be used to support	33583
public health systems.	33584

Sec. 3705.242. (A)(1) The director of health, a person	33585
authorized by the director, a local commissioner of health, or a	33586
local registrar of vital statistics shall charge and collect a fee	33587
of one dollar and fifty cents for each certified copy of a birth	33588
record, each certification of birth, and each copy of a death	33589
record. The fee is in addition to the fee imposed by section	33590
3705.24 or any other section of the Revised Code. A local	33591
commissioner of health or local registrar of vital statistics may	33592
retain an amount of each additional fee collected, not to exceed	33593
three per cent of the amount of the additional fee, to be used for	33594
costs directly related to the collection of the fee and the	33595
forwarding of the fee to the ~~treasurer of state~~department of	33596
health. ~~The~~	33597

The additional fees collected by the director of health or a	33598
person authorized by the director and the additional fees	33599
collected, but not retained~~, under division (A)(1) of this section~~	33600
by a local commissioner of health or a local registrar of vital	33601
statistics shall be forwarded to the ~~treasurer of state~~department	33602
of health not later than thirty days following the end of each	33603
quarter. Not later than two days after the fees are forwarded to	33604
the department each quarter, the department shall pay the	33605
collected fees to the treasurer of state in accordance with rules	33606
adopted by the treasurer of state under section 113.08 of the	33607
Revised Code.	33608

(2) On the filing of a divorce decree under section 3105.10	33609
or a decree of dissolution under section 3105.65 of the Revised	33610
Code, a court of common pleas shall charge and collect a fee of	33611
five dollars and fifty cents. The fee is in addition to any other	33612
court costs or fees. The county clerk of courts may retain an	33613
amount of each additional fee collected, not to exceed three per	33614
cent of the amount of the additional fee, to be used for costs	33615
directly related to the collection of the fee and the forwarding	33616
of the fee to the treasurer of state. The additional fees	33617
collected, but not retained, under division (A)(2) of this section	33618
shall be forwarded to the treasurer of state not later than twenty	33619
days following the end of each month.	33620

(B) The treasurer of state shall deposit the fees paid or	33621
forwarded under this section in the state treasury to the credit	33622
of the family violence prevention fund, which is hereby created. A	33623
person or government entity that fails to pay or forward the fees	33624
in a timely manner, as determined by the treasurer of state, shall	33625
~~forward~~send to the treasurer of state, in addition to the fees, a	33626
penalty equal to ten per cent of the fees.	33627

The treasurer of state shall invest the moneys in the fund.	33628
All earnings resulting from investment of the fund shall be	33629
credited to the fund, except that actual administration costs	33630
incurred by the treasurer of state in administering the fund may	33631
be deducted from the earnings resulting from investments. The	33632
amount that may be deducted shall not exceed three per cent of the	33633
total amount of fees credited to the fund in each fiscal year. The	33634
balance of the investment earnings shall be credited to the fund.	33635

(C) The director of public safety shall use money credited to	33636
the fund to provide grants to family violence shelters in Ohio and	33637
to operate the division of criminal justice services.	33638

Sec. 3705.30. (A) As used in this section:

33639

(1) "Freestanding birthing center" has the same meaning as in	33640
section ~~3702.51~~3702.141 of the Revised Code.	33641

(2) "Hospital" means a hospital classified under section	33642
3701.07 of the Revised Code as a general hospital or children's	33643
hospital.	33644

(3) "Physician" means an individual authorized under Chapter	33645
4731. of the Revised Code to practice medicine and surgery or	33646
osteopathic medicine and surgery.	33647

(B) The director of health shall establish and, if funds for	33648
this purpose are available, implement a statewide birth defects	33649
information system for the collection of information concerning	33650
congenital anomalies, stillbirths, and abnormal conditions of	33651
newborns.	33652

(C) If the system is implemented under division (B) of this	33653
section, all of the following apply:	33654

(1) The director may require each physician, hospital, and	33655
freestanding birthing center to report to the system information	33656
concerning all patients under five years of age with a primary	33657
diagnosis of a congenital anomaly or abnormal condition. The	33658
director shall not require a hospital, freestanding birthing	33659
center, or physician to report to the system any information that	33660
is reported to the director or department of health under another	33661
provision of the Revised Code or Administrative Code.	33662

(2) On request, each physician, hospital, and freestanding	33663
birthing center shall give the director or authorized employees of	33664
the department of health access to the medical records of any	33665
patient described in division (C)(1) of this section. The	33666
department shall pay the costs of copying any medical records	33667
pursuant to this division.	33668

(3) The director may review vital statistics records and	33669
shall consider expanding the list of congenital anomalies and	33670
abnormal conditions of newborns reported on birth certificates	33671
pursuant to section 3705.08 of the Revised Code.	33672

(D) A physician, hospital, or freestanding birthing center	33673
that provides information to the system under division (C) of this	33674
section shall not be subject to criminal or civil liability for	33675
providing the information.	33676

Sec. 3706.19. (A) There is hereby created in the Ohio air	33677
quality development authority the office of ~~ombudsman~~ombudsperson	33678
for the small business stationary source technical and	33679
environmental compliance assistance program created under section	33680
3704.18 of the Revised Code. The office shall exercise its duties	33681
independently of any other state agency.	33682

(B) ~~Not later than one year after the effective date of this~~	33683
~~section, the~~The governor, with the advice and consent of the	33684
senate, shall appoint the ~~initial ombudsman~~ombudsperson. The	33685
~~ombudsman~~ombudsperson shall serve for a term of four years. The	33686
person who is appointed to serve as the ~~ombudsman~~ombudsperson	33687
shall be experienced in management and in working with private	33688
enterprise and government entities, knowledgeable in the areas of	33689
arbitration and negotiation, experienced in interpreting statutory	33690
and regulatory law, and knowledgeable in investigation techniques	33691
and procedures, recordkeeping, and report writing. The ~~ombudsman~~	33692
ombudsperson may be the highest ranking managerial employee of the	33693
authority.	33694

33695

(1) Ensure that the goals of the program are being met;

33696

(2) Conduct independent evaluations of all aspects of the	33697
program;	33698

(3) Review the development and implementation of air	33699
pollution control requirements that have an impact on small	33700
businesses in the state and provide comments and recommendations,	33701
as appropriate, to the environmental protection agency and the	33702
United States environmental protection agency;	33703

(4) Facilitate and promote the participation of small	33704
businesses in the development of rules to be adopted under Chapter	33705
3704. of the Revised Code that affect small businesses;	33706

(5) Aid in the dissemination of information, including air	33707
pollution requirements and control technologies, to small	33708
businesses and other interested persons;	33709

(6) Provide free, confidential assistance on individual	33710
source problems and grievances presented by small businesses;	33711

(7) Aid in investigating and resolving complaints against,	33712
and disputes involving, the agency from small businesses;	33713

(8) Refer small businesses to the appropriate specialist in	33714
the program from whom they may obtain information and assistance	33715
on affordable alternative technologies, process changes, and	33716
products and operational methods to help reduce air pollution and	33717
accidental releases;	33718

(9) Work with trade associations and small businesses to	33719
effect voluntary compliance with the federal Clean Air Act,	33720
Chapter 3704. of the Revised Code, and rules adopted under it;	33721

(10) Work with other states to establish a network for	33722
sharing information on small businesses and their efforts to	33723
comply with the federal Clean Air Act and state and local air	33724
pollution control laws;	33725

(11) Seek public and private funding sources that can	33726
financially assist small businesses that are in need of moneys to	33727
comply with air pollution control laws;	33728

(12) Conduct studies to evaluate the impacts of the federal	33729
Clean Air Act on the state's economy, local economies, and small	33730
businesses.	33731

(D) There is hereby created in the state treasury the small	33732
business ~~ombudsman~~ombudsperson fund, which shall consist of	33733
moneys transferred to it from the Title V clean air fund created	33734
in section 3704.035 of the Revised Code. Moneys in the fund shall	33735
be used exclusively for the purposes of this section.	33736

The director of environmental protection and the executive	33737
director of the authority annually shall determine the amount of	33738
moneys necessary for the operation of the office of the ~~ombudsman~~	33739
ombudsperson. Thereafter, the director shall request the director	33740
of budget and management to, and that director shall, transfer	33741
that amount of moneys from the Title V clean air fund to the small	33742
business ~~ombudsman~~ombudsperson fund.	33743

(E) There is hereby created in the state treasury the small	33744
business assistance fund, which shall consist of moneys credited	33745
to it under division (K) of section 3745.11 of the Revised Code.	33746
The ~~ombudsman~~ombudsperson shall use moneys in the fund solely to	33747
provide financial assistance to small businesses that have one	33748
hundred or fewer employees and that are having financial	33749
difficulty complying with the "Clean Air Act Amendments of 1990,"	33750
104 Stat. 2399, 42 U.S.C.A. 7401, and regulations adopted under	33751
it.	33752

In accordance with Chapter 119. of the Revised Code, the	33753
~~ombudsman~~ombudsperson shall adopt rules establishing procedures	33754
and requirements governing grants awarded under this division.	33755

Sec. 3709.03. (A) There is hereby created in each general	33756
health district a district advisory council. A council shall	33757
consist of the president of the board of county commissioners, the	33758
chief executive of each municipal corporation not constituting a	33759
city health district, and the president of the board of township	33760
trustees of each township. The board of county commissioners, the	33761
legislative body of a municipal corporation, and the board of	33762
township trustees of a township may select an alternate from among	33763
themselves to serve if the president, the chief executive, or the	33764
president of the board of township trustees is unable to attend	33765
any meeting of the district advisory council. When attending a	33766
meeting on behalf of a council member, the alternate may vote on	33767
any matter on which the member is authorized to vote.	33768

The council shall organize by selecting a chair and secretary	33769
from among its members. The council shall adopt bylaws governing	33770
its meetings, the transaction of business, and voting procedures.	33771

The council shall meet annually in March at a place	33772
determined by the chair and the health commissioner for the	33773
purpose of electing the chair and the secretary, making necessary	33774
appointments to the board of health, receiving and considering the	33775
annual or special reports from the board of health, and making	33776
recommendations to the board of health or to the department of	33777
health in regard to matters for the betterment of health and	33778
sanitation within the district or for needed legislation. The	33779
secretary of the council shall notify the district health	33780
commissioner and the director of health of the proceedings of such	33781
meeting.	33782

Special meetings of the council shall be held on the order of	33783
any of the following:	33784

(1) The director of health;

33785

(2) The board of health;

33786

(3) The lesser of five or a majority of district advisory	33787
council members.	33788

The district health commissioner shall attend all meetings of	33789
the council.	33790

(B) The district advisory council shall appoint four members	33791
of the board of health, and the remaining member shall be	33792
appointed by the health district licensing council established	33793
under section 3709.41 of the Revised Code. At least one member of	33794
the board of health shall be a physician. Appointments shall be	33795
made with due regard to equal representation of all parts of the	33796
district.	33797

(C) If at an annual or special meeting at which a member of	33798
the board of health is to be appointed fewer than a majority of	33799
the members of the district council are present, the council, by	33800
the majority vote of council members present, may organize an	33801
executive committee to make the appointment. An executive	33802
committee shall consist of five council members, including the	33803
president of the board of county commissioners, the council chair,	33804
the council secretary, and two additional council members selected	33805
by majority affirmative vote of the council members present at the	33806
meeting. The additional members selected shall include one	33807
representative of municipal corporations in the district that are	33808
not city health districts and one representative of townships in	33809
the district. If an individual is eligible for more than one	33810
position on the executive committee due to holding a particular	33811
office, the individual shall fill one position on the committee	33812
and the other position shall be filled by a member selected by a	33813
majority affirmative vote of the council members present at the	33814
meeting. A council member's alternate for annual meetings may	33815
serve as the member's alternate at meetings of the executive	33816
committee.	33817

Not later than thirty days after an executive committee is	33818
organized, the committee shall meet and the council chair shall	33819
present to the committee the matter of appointing a member of the	33820
board of health. The committee shall appoint the board member by	33821
majority affirmative vote. In the case of a combined health	33822
district, the executive committee shall appoint only members of	33823
the board of health that are to be appointed by the district	33824
advisory council, unless the contract for administration of health	33825
affairs in the combined district provides otherwise. If a majority	33826
affirmative vote is not reached within thirty days after the	33827
executive committee is organized, the director of health shall	33828
appoint the member of the board of health under the authority	33829
conferred by section 3709.03 of the Revised Code.	33830

If the council fails to meet or appoint a member of the board	33831
of health as required by this section or section 3709.02 of the	33832
Revised Code, the director of health~~, with the consent of the~~	33833
~~public health council,~~ may appoint the member.	33834

Sec. 3709.04. If in any general health district the district	33835
advisory council fails to meet or to select a board of health, the	33836
director of health may~~, with the consent of the public health~~	33837
~~council,~~ appoint a board of health for such district which shall	33838
have and exercise all powers conferred on a board of health of a	33839
general health district.	33840

Sec. 3709.06. If any city fails to establish a board of	33841
health under section 3709.05 of the Revised Code, the director of	33842
health~~, with the approval of the public health council,~~ may	33843
appoint a health commissioner for such city, and fix ~~his~~the	33844
commissioner's salary and term of office. Such commissioner shall	33845
have the same powers and perform the duties granted to or imposed	33846
upon a board of health of a city health district, except that	33847
rules, regulations, or orders of a general nature, made by ~~him~~the	33848
commissioner and required to be published, shall be approved by	33849
the director. The salary of such commissioner and all necessary	33850
expenses incurred by ~~him~~the commissioner in performing the duties	33851
of the board shall be paid by and be a valid claim against such	33852
city.	33853

Sec. 3709.085. (A) The board of health of a city or general	33854
health district may enter into a contract with any political	33855
subdivision or other governmental agency to obtain or provide all	33856
or part of any services, including, but not limited to,	33857
enforcement services, for the purposes of Chapter 3704. of the	33858
Revised Code, the rules adopted and orders made pursuant thereto,	33859
or any other ordinances or rules for the prevention, control, and	33860
abatement of air pollution.	33861

(B)(1) As used in division (B)(2) of this section:

33862

(a) "Semipublic disposal system" means a disposal system that	33863
treats the sanitary sewage discharged from publicly or privately	33864
owned buildings or places of assemblage, entertainment,	33865
recreation, education, correction, hospitalization, housing, or	33866
employment, but does not include a disposal system that treats	33867
sewage in amounts of more than twenty-five thousand gallons per	33868
day; a disposal system for the treatment of sewage that is exempt	33869
from the requirements of section 6111.04 of the Revised Code	33870
pursuant to division (F)(7) of that section; or a disposal system	33871
for the treatment of industrial waste.	33872

(b) Terms defined in section 6111.01 of the Revised Code have	33873
the same meanings as in that section.	33874

(2) The board of health of a city or general health district	33875
may enter into a contract with the environmental protection agency	33876
to conduct on behalf of the agency inspection or enforcement	33877
services, for the purposes of Chapter 6111. of the Revised Code	33878
and rules adopted thereunder, for the disposal or treatment of	33879
sewage from semipublic disposal systems. The board of health of a	33880
city or general health district may charge a fee established	33881
pursuant to section 3709.09 of the Revised Code to be paid by the	33882
owner or operator of a semipublic disposal system for inspections	33883
conducted by the board pursuant to a contract entered into under	33884
division (B)(2) of this section, except that the board shall not	33885
charge a fee for those inspections conducted at any recreational	33886
vehicle park, recreation camp, or combined park-camp that is	33887
licensed under section 3729.05 of the Revised Code or at any	33888
manufactured home park that is licensed under section ~~3733.03~~	33889
4781.27 of the Revised Code.	33890

Sec. 3709.09. (A) The board of health of a city or general	33891
health district may, by rule, establish a uniform system of fees	33892
to pay the costs of any services provided by the board.	33893

The fee for issuance of a certified copy of a vital record or	33894
a certification of birth shall not be less than the fee prescribed	33895
for the same service under division (A)(1) of section 3705.24 of	33896
the Revised Code and shall include the fees required by division	33897
(B) of section 3705.24 and section 3109.14 of the Revised Code.	33898

Fees for services provided by the board for purposes	33899
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,	33900
3730.03, and 3749.04 of the Revised Code shall be established in	33901
accordance with rules adopted under division (B) of this section.	33902
The district advisory council, in the case of a general health	33903
district, and the legislative authority of the city, in the case	33904
of a city health district, may disapprove any fee established by	33905
the board of health under this division, and any such fee, as	33906
disapproved, shall not be charged by the board of health.	33907

(B) The ~~public~~director of health ~~council~~ shall adopt rules	33908
under section 111.15 of the Revised Code that establish fee	33909
categories and a uniform methodology for use in calculating the	33910
costs of services provided for purposes specified in sections	33911
3701.344, 3711.10, 3718.06, 3729.07, 3730.03, and 3749.04 of the	33912
Revised Code. In adopting the rules, the ~~public health council~~	33913
director shall consider recommendations it receives from advisory	33914
boards established either by statute or the director ~~of health~~ for	33915
entities subject to the fees.	33916

(C) Except when a board of health establishes a fee by	33917
adopting a rule as an emergency measure, the board of health shall	33918
hold a public hearing regarding each proposed fee for a service	33919
provided by the board for a purpose specified in section 3701.344,	33920
3711.10, 3718.06, 3729.07, 3730.03, or 3749.04 of the Revised	33921
Code. If a public hearing is held, at least twenty days prior to	33922
the public hearing the board shall give written notice of the	33923
hearing to each entity affected by the proposed fee. The notice	33924
shall be mailed to the last known address of each entity and shall	33925
specify the date, time, and place of the hearing and the amount of	33926
the proposed fee.	33927

(D) If payment of a fee established under this section is not	33928
received by the day on which payment is due, the board of health	33929
shall assess a penalty. The amount of the penalty shall be equal	33930
to twenty-five per cent of the applicable fee.	33931

(E) All rules adopted by a board of health under this section	33932
shall be adopted, recorded, and certified as are ordinances of	33933
municipal corporations and the record thereof shall be given in	33934
all courts the same effect as is given such ordinances, but the	33935
advertisements of such rules shall be by publication in one	33936
newspaper of general circulation within the health district.	33937
Publication shall be made once a week for two consecutive weeks or	33938
as provided in section 7.16 of the Revised Code, and such rules	33939
shall take effect and be in force ten days from the date of the	33940
first publication.	33941

Sec. 3709.092. (A) A board of health of a city or general	33942
health district shall transmit to the director of health all fees	33943
or additional amounts that the ~~public health council~~director	33944
requires to be collected under sections 3701.344, 3718.06,	33945
3729.07, and 3749.04 of the Revised Code. The fees and amounts	33946
shall be transmitted according to the following schedule:	33947

(1) For fees and amounts received by the board on or after	33948
the first day of January but not later than the thirty-first day	33949
of March, transmit the fees and amounts not later than the	33950
fifteenth day of May;	33951

(2) For fees and amounts received by the board on or after	33952
the first day of April but not later than the thirtieth day of	33953
June, transmit the fees and amounts not later than the fifteenth	33954
day of August;	33955

(3) For fees and amounts received by the board on or after	33956
the first day of July but not later than the thirtieth day of	33957
September, transmit the fees and amounts not later than the	33958
fifteenth day of November;	33959

(4) For fees and amounts received by the board on or after	33960
the first day of October but not later than the thirty-first day	33961
of December, transmit the fees and amounts not later than the	33962
fifteenth day of February of the following year.	33963

(B) The director shall deposit the fees and amounts received	33964
under this section into the state treasury to the credit of the	33965
general operations fund created in section 3701.83 of the Revised	33966
Code. Each amount shall be used solely for the purpose for which	33967
it was collected.	33968

Sec. 3709.32. The president of each board of health	33969
providing health services in one or more health districts and the	33970
chief executive officer of each health department providing health	33971
services in one or more health districts shall, on or before the	33972
first day of March of each year, certify the amounts expended	33973
during the preceding calendar year which qualify for state health	33974
district subsidy funds under section 3701.342 of the Revised Code	33975
and rules ofadopted by the ~~public~~director of health ~~council~~. The	33976
director of health shall certify the amount payable under the	33977
state health district subsidy funds distribution formula adopted	33978
by the ~~public~~director of health ~~council~~ under section 3701.342 of	33979
the Revised Code to the director of budget and management for	33980
payment. Payment shall not be made unless:	33981

(A) The board or department has provided such information	33982
concerning services and costs as is requested by the director of	33983
health;	33984

(B) The certificate of the board of health or health	33985
department has been endorsed by the director of health;	33986

(C) The board or department has complied with section	33987
3701.342 of the Revised Code and ~~public health council~~ rules	33988
adopted by the director of health;	33989

(D) The municipal corporations and townships composing the	33990
health district have provided adequate local funding for public	33991
health services. The ~~public~~director of health ~~council~~ shall	33992
determine what constitutes adequate local funding, and may grant	33993
an exception to this requirement to a municipal corporation or	33994
township if unusually severe economic conditions prevent it from	33995
receiving adequate tax revenues to help support minimally	33996
acceptable public health services.	33997

No state health district subsidy funds shall be granted to	33998
any board or department that decreases its appropriation for	33999
public health services in anticipation of using state funds to	34000
provide public health services normally supported by local	34001
revenues.	34002

Sec. 3709.35. If the director of health ~~finds~~charges that	34003
the health commissioner or a member of the board of health of a	34004
health district is guilty of misfeasance, malfeasance, or	34005
nonfeasance or has failed to perform any or all of the duties	34006
required by sections 3701.10, 3701.29, 3701.81, 3707.08, 3707.14,	34007
3707.16, 3707.47, and 3709.01 to 3709.36 of the Revised Code, the	34008
director ~~shall prefer a charge against the commissioner or board~~	34009
~~member before the public health council and~~ shall notify the	34010
commissioner or board member as to the time and place at which	34011
such charges will be heard. If the ~~council~~director, after	34012
hearing, finds the commissioner or board member guilty of the	34013
charge, it may remove such commissioner or member from office.	34014

If the lesser of three or one-fifth of the members of a	34015
district advisory council have reason to believe a member of the	34016
board of health of a general health district is guilty of	34017
misfeasance, malfeasance, or nonfeasance or has failed to perform	34018
any or all of the duties required by sections 3701.10, 3701.29,	34019
3701.81, 3707.14, 3707.16, 3707.47, and 3709.01 to 3709.36 of the	34020
Revised Code, the district advisory council members shall prefer a	34021
charge against the board member before the district advisory	34022
council and shall notify the board member as to the time and place	34023
at which such charges will be heard. If a majority of the council,	34024
after hearing, finds the board member guilty of the charge, it may	34025
remove the member from office.	34026

When any member of the board of health of a general or city	34027
health district is removed from office, the district advisory	34028
council or the chief executive of the city, upon notice of such	34029
removal, shall within thirty days after receipt of such notice	34030
fill the vacancy in accordance with section 3709.03 or 3709.05 of	34031
the Revised Code.	34032

Sec. 3710.01. As used in this chapter:

34033

(A) "Asbestos" means the asbestiform varieties of chrysotile	34034
or serpentine, amosite or cummingtonitegrunerite, crocidolite or	34035
riebeckite, actinolite, tremolite, and anthophylite.	34036

(B) "Asbestos hazard abatement activity" means any activity	34037
involving the removal, renovation, enclosure, repair, or	34038
encapsulation of reasonably related friable asbestos-containing	34039
materials in an amount greater than fifty linear feet or fifty	34040
square feet. "Asbestos hazard abatement activity" also includes	34041
any such activity involving such asbestos-containing materials in	34042
an amount of fifty linear or fifty square feet or less if, when	34043
combined with any other reasonably related activity in terms of	34044
time and location of the activity, the total amount is in an	34045
amount greater than fifty linear or fifty square feet.	34046

(C) "Asbestos hazard abatement contractor" means a business	34047
entity or public entity that engages in or intends to engage in	34048
asbestos hazard abatement activities and that employs or	34049
supervises one or more asbestos hazard abatement specialists for	34050
asbestos hazard abatement activities. "Asbestos hazard abatement	34051
contractor" does not mean an employee of an asbestos hazard	34052
abatement contractor, a general contractor who subcontracts to an	34053
asbestos hazard abatement contractor an asbestos hazard abatement	34054
activity, or any individual who engages in asbestos hazard	34055
abatement activity in ~~his~~the individual's own home.	34056

(D) "Asbestos hazard abatement project" means one or more	34057
asbestos hazard abatement activities that are conducted by one	34058
asbestos hazard abatement contractor and that are reasonably	34059
related to each other.	34060

(E) "Asbestos hazard abatement specialist" means a person	34061
with responsibility for the oversight or supervision of asbestos	34062
hazard abatement activities, including asbestos hazard abatement	34063
project managers, hazard abatement project supervisors and	34064
foremen, and employees of school districts or other governmental	34065
or public entities who coordinate or directly supervise or oversee	34066
asbestos hazard abatement activities performed by school district,	34067
governmental, or other public employees in school district,	34068
governmental, or other public buildings.	34069

(F) "Asbestos hazard evaluation specialist" means a person	34070
responsible for the identification, detection, and assessment of	34071
asbestos-containing materials, the determination of appropriate	34072
response actions, or the preparation of asbestos management plans	34073
for the purpose of protecting the public health from the hazards	34074
associated with exposure to asbestos, including the performance of	34075
air and bulk sampling. This category of specialists includes	34076
management planners, health professionals, industrial hygienists,	34077
private consultants, or other individuals involved in asbestos	34078
risk identification or assessment or regulatory activities.	34079

(G) "Business entity" means a partnership, firm, association,	34080
corporation, sole proprietorship, or other business concern.	34081

(H) "Public entity" means the state or any of its political	34082
subdivisions or any agency or instrumentality of either.	34083

(I) "License" means a document issued by the department of	34084
health to a business entity or public entity affirming that the	34085
entity has met the requirements set forth in this chapter to	34086
engage in asbestos hazard abatement activities as an asbestos	34087
hazard abatement contractor.	34088

(J) "Certificate" means:

34089

(1) A document issued by the department to an individual	34090
affirming that the individual has successfully completed the	34091
training and other requirements set forth in this chapter to	34092
qualify as an asbestos hazard abatement specialist, an asbestos	34093
hazard evaluation specialist, an asbestos hazard abatement worker,	34094
an asbestos hazard abatement project designer, an asbestos hazard	34095
abatement air-monitoring technician, an approved asbestos hazard	34096
training provider, or other category of asbestos hazard specialist	34097
that the ~~public health council~~director establishes by rule; or	34098

(2) A document issued by a training institution in accordance	34099
with rules adopted by the ~~public health council~~director affirming	34100
that an individual has successfully completed the instruction	34101
required in all categories as provided in sections 3710.07 and	34102
3710.10 of the Revised Code.	34103

(K) "Person" means any individual, business entity,	34104
governmental body, or other public or private entity.	34105

(L) "Encapsulate" means to coat, bind, or resurface walls,	34106
ceilings, pipes, or other structures to prevent friable asbestos	34107
from becoming airborne.	34108

(M) "Friable asbestos-containing material" means any material	34109
that contains more than one per cent asbestos by weight and that	34110
can be crumbled, pulverized, or reduced to powder, when dry, by	34111
hand pressure.	34112

(N) "Enclosure" means the permanent confinement of friable	34113
asbestos-containing materials with an airtight barrier in an area	34114
not used as an air plenum.	34115

(O) "Renovation" means the removal or stripping of friable	34116
asbestos-containing materials used on any pipe, duct, boiler,	34117
tank, reactor, turbine, furnace, or load supporting member.	34118

(P) "Asbestos hazard abatement worker" means the person	34119
responsible in a nonsupervisory capacity for the performance of an	34120
asbestos hazard abatement activity.	34121

(Q) "Asbestos hazard abatement project designer" means the	34122
person responsible for the determination of the workscope, work	34123
sequence, or performance standards for an asbestos hazard	34124
abatement activity, including preparation of specifications,	34125
plans, and contract documents.	34126

(R) "Director" means the director of health or ~~his~~the	34127
director's authorized representative.	34128

(S) "Clearance air sampling" means an air sampling performed	34129
after the completion of any asbestos hazard abatement activity and	34130
prior to the reoccupation of the contained work area by the public	34131
and conducted for the purpose of protecting the public from the	34132
health hazards associated with exposure to friable	34133
asbestos-containing material.	34134

(T) "Asbestos hazard abatement air-monitoring technician"	34135
means the person who is responsible for environmental monitoring	34136
or work area clearance air sampling, including air monitoring	34137
performed to determine completion of response actions under the	34138
rules set forth in 40 C.F.R. 763 Subpart E, adopted by the United	34139
States environmental protection agency pursuant to the "Asbestos	34140
Hazard Emergency Response Act of 1986," Pub. L. 99-519, 100 Stat.	34141
2970. "Asbestos hazard abatement air-monitoring technician" does	34142
not mean an industrial hygienist or industrial hygienist in	34143
training, certified by the American board of industrial hygiene.	34144

Sec. 3710.02. (A) ~~Subject to~~In accordance with Chapter 119.	34145
of the Revised Code, the ~~public~~director of health ~~council~~ shall,	34146
as itthe director determines necessary, adopt rules to carry out	34147
this chapter. The rules shall include all of the following:	34148

(1) Criteria and procedures for the certification of asbestos	34149
hazard abatement specialists, asbestos hazard evaluation	34150
specialists, asbestos hazard abatement workers, asbestos hazard	34151
abatement project designers, and asbestos hazard abatement	34152
air-monitoring technicians by the director of health;	34153

(2) Criteria and procedures for the director to examine the	34154
records of licensees, certificate holders, and asbestos hazard	34155
abatement training schools;	34156

(3) Procedures and criteria in addition to those provided in	34157
this chapter for the approval of courses for asbestos hazard	34158
training;	34159

(4) Fees for licenses, certifications, and course approvals	34160
in excess of the levels set in section 3710.05 of the Revised Code	34161
and fees for the certification of asbestos hazard abatement	34162
air-monitoring technicians;	34163

(5) Levels of asbestos exposure or other circumstances	34164
constituting a public health emergency that authorize the director	34165
to issue an emergency order under division (B) of section 3710.13	34166
of the Revised Code;	34167

(6) Employee training standards, work practices that reduce	34168
the risk of contamination and recontamination of the environment,	34169
record-keeping requirements, action levels, project clearance	34170
levels, and other requirements that asbestos hazard abatement	34171
contractors, asbestos hazard abatement specialists, asbestos	34172
hazard evaluation specialists, asbestos hazard abatement project	34173
designers, asbestos hazard abatement air-monitoring technicians,	34174
asbestos hazard abatement workers, and other persons involved with	34175
asbestos hazard abatement activities must follow for the	34176
prevention of hazard to the public;	34177

(7) Worker protection equipment and practices and other	34178
health and safety standards for employees and agents of public	34179
entities coming in contact with asbestos through asbestos hazard	34180
abatement activity;	34181

(8) Standards of acceptable conduct for licensees and	34182
certificate holders engaged in asbestos hazard abatement or	34183
evaluation activities and acts and omissions that constitute	34184
grounds for the suspension or revocation of a license or	34185
certificate, or the denial of an application or renewal of a	34186
license or certificate in addition to those otherwise provided in	34187
this chapter;	34188

(9) Training requirements for asbestos hazard abatement	34189
project designers and asbestos hazard abatement air-monitoring	34190
technicians;	34191

(10)(a) Subject to the condition specified in division	34192
(A)(10)(b) of this section, a standard requiring that the amount	34193
of asbestos contained in the air in areas accessible to the public	34194
in buildings that are owned, operated, or leased by a public	34195
entity be not more than ten thousand asbestos fibers longer than	34196
five microns per cubic meter of air calculated as an eight-hour	34197
time-weighted average, which is measured during periods of normal	34198
building occupancy, and a requirement that measurement of airborne	34199
asbestos be made by either or both of the following methods,	34200
provided that results derived by use of the method described in	34201
division (A)(10)(a)(i) of this section supersede results derived	34202
by use of the method described in division (A)(10)(a)(ii) of this	34203
section if both methods are used and the methods yield conflicting	34204
results concerning the presence of fibers in the tested air that	34205
may not be asbestos:	34206

(i) Transmission electron microscopy in the manner described	34207
in the measurement protocol established by the United States	34208
environmental protection agency as set forth in 40 C.F.R. 763;	34209

(ii) Optical phase contrast microscopy in the manner	34210
described in the measurement protocol established by the United	34211
States occupational safety and health administration as set forth	34212
in 29 C.F.R. 1910.	34213

(b) The ~~public health council~~director periodically shall	34214
review the standard required by division (A)(10)(a) of this	34215
section and determine whether and how it should be amended and how	34216
it shall be used in conjunction with visual and physical	34217
assessment of asbestos-containing materials located in buildings	34218
that are owned, operated, or leased by a public entity to	34219
determine appropriate and cost-effective response actions to such	34220
asbestos-containing materials and shall amend the standard if it	34221
determines that such action is necessary.	34222

(11) Other rules that the ~~public health council~~director	34223
determines necessary for the implementation of this chapter and to	34224
protect the public health from the hazards associated with	34225
exposure to asbestos.	34226

(B) The director shall do all of the following:

34227

(1) Administer and enforce this chapter and the rules ~~of the~~	34228
~~public health council~~ adopted pursuant thereto;	34229

(2) Develop comprehensive programs and policies for the	34230
control and prevention of nonoccupational exposure of the public	34231
to friable asbestos-containing materials;	34232

(3) Ensure that persons are trained and licensed or	34233
certified, where appropriate, in accordance with this chapter and	34234
the rules ~~of the public health council~~ adopted pursuant thereto;	34235

(4) Examine those records of licensed asbestos hazard	34236
abatement contractors, certified asbestos hazard abatement	34237
specialists, asbestos hazard evaluation specialists, asbestos	34238
hazard abatement project designers, asbestos hazard abatement	34239
air-monitoring technicians, and asbestos hazard training courses	34240
in accordance with rules adopted by the ~~public health council~~	34241
director as hethe director determines necessary to determine	34242
compliance with this chapter and the rules ~~of the public health~~	34243
~~council~~ adopted pursuant thereto;	34244

(5) Prohibit and prevent improper asbestos hazard abatement	34245
procedures and require the modification or alteration of asbestos	34246
abatement procedures as they relate to this chapter and the rules	34247
~~of the public health council~~ adopted pursuant thereto;	34248

(6) Collect and disseminate health education information	34249
relating to safe management of asbestos hazards;	34250

(7) Accept and administer grants from the federal government	34251
and other sources, both public and private, for carrying out any	34252
of ~~his~~the director's functions;	34253

(8) As hethe director determines appropriate, conduct	34254
on-site inspections at any location where an asbestos hazard	34255
abatement activity is planned, in progress, or has been completed,	34256
at any location where a public health emergency may occur, is	34257
occurring, or has occurred, or to evaluate the performance or	34258
compliance of any person subject to this chapter;	34259

(9) Conduct an on-site audit of each asbestos hazard training	34260
provider approved pursuant to this chapter, at least once	34261
biennially, during an actual course conducted by the provider	34262
within the state;	34263

(10) Cooperate and assist in investigations, as such relate	34264
to this chapter, conducted by local law enforcement agencies, the	34265
Ohio environmental protection agency, the United States	34266
occupational safety and health administration, and other local,	34267
state, and federal agencies.	34268

Sec. 3710.04. (A) To qualify for an asbestos hazard	34269
abatement contractor's license, a business entity or public entity	34270
shall meet the requirements of this section.	34271

(B) Each employee or agent of the business entity or public	34272
entity applying for a license who will come in contact with	34273
asbestos or will be responsible for an asbestos hazard abatement	34274
project shall:	34275

(1) Be familiar with all applicable state and federal	34276
standards for asbestos hazard abatement projects;	34277

(2) Have successfully completed the course of instruction on	34278
asbestos hazard abatement activities, for their particular	34279
certification, approved by the department of health pursuant to	34280
section 3710.10 of the Revised Code, have passed an examination	34281
approved by the department, and demonstrate to the department that	34282
hethe employee or agent is capable of complying with all	34283
applicable standards of this state, the United States	34284
environmental protection agency, and the United States	34285
occupational safety and health administration.	34286

(C) A business entity or public entity applying for an	34287
asbestos hazard abatement contractor's license shall, in addition	34288
to the other requirements of this section, provide at least one	34289
asbestos hazard abatement specialist, certified pursuant to this	34290
chapter and the rules ~~of the public health council~~ adopted	34291
~~pursuant thereto~~under it, for each asbestos hazard abatement	34292
project, and demonstrate to the satisfaction of the department	34293
that hethe applicant:	34294

(1) Has access to at least one asbestos disposal site	34295
approved by the Ohio environmental protection agency that is	34296
sufficient for the deposit of all asbestos waste that hethe	34297
applicant will generate during the term of the license;	34298

(2) Is sufficiently qualified to safely remove asbestos,	34299
demonstrated by reliability as an asbestos hazard abatement	34300
contractor, possesses a work program that prevents the	34301
contamination or recontamination of the environment and protects	34302
the public health from the hazards of exposure to asbestos,	34303
possesses evidence of certification of each individual employee or	34304
agent who will be responsible for others who may come in contact	34305
with friable asbestos-containing materials, possesses evidence of	34306
training of workers required by section 3710.07 of the Revised	34307
Code, and has prior successful experience in asbestos hazard	34308
abatement projects or equivalent qualifications as determined by	34309
~~rule~~in accordance with rules adopted by the ~~public~~director of	34310
health ~~council~~;	34311

(3) Possesses a worker protection program consistent with	34312
requirements established by the ~~public health council~~director if	34313
the contractor is a public entity, and a worker protection program	34314
consistent with the requirements of the United States occupational	34315
safety and health administration if the contractor is a business	34316
entity;	34317

(4) Is registered as a business entity with the secretary of	34318
state.	34319

(D) No applicant for licensure as an asbestos hazard	34320
abatement contractor, in order to meet the requirements of this	34321
chapter, shall list an employee of another contractor.	34322

(E) The business entity or public entity shall meet any other	34323
standards that the ~~public health council~~director, by rule, sets.	34324

(F) Nothing in this chapter or the rules adopted pursuant	34325
thereto relating to asbestos hazard abatement project designers	34326
shall be interpreted as authorizing or permitting an individual	34327
who is certified as an asbestos hazard abatement project designer	34328
to perform the services of a registered architect or professional	34329
engineer unless that person is registered under Chapter 4703. or	34330
4733. of the Revised Code to perform such services.	34331

Sec. 3710.05. (A) Except as otherwise provided in this	34332
chapter, no person shall engage in any asbestos hazard abatement	34333
activities in this state unless licensed or certified pursuant to	34334
this chapter.	34335

(B) To apply for licensure as an asbestos abatement	34336
contractor or certification as an asbestos hazard abatement	34337
specialist, an asbestos hazard evaluation specialist, an asbestos	34338
hazard abatement project designer, or an asbestos hazard abatement	34339
air-monitoring technician, a person shall do all of the following:	34340

(1) Submit a completed application to the department of	34341
health, on a form provided by the department;	34342

(2) Pay the requisite fee as provided in division (D) of this	34343
section;	34344

(3) Submit any other information the ~~public~~director of	34345
health ~~council~~ by rule requires.	34346

(C) The application form for a business entity or public	34347
entity applying for an asbestos hazard abatement contractor's	34348
license shall include all of the following:	34349

(1) A description of the protective clothing and respirators	34350
that the public entity will use to comply with rules adopted by	34351
the ~~public health council~~director and that the business entity	34352
will use to comply with requirements of the United States	34353
occupational safety and health administration;	34354

(2) A description of procedures the business entity or public	34355
entity will use for the selection, utilization, handling, removal,	34356
and disposal of clothing to prevent contamination or	34357
recontamination of the environment and to protect the public	34358
health from the hazards associated with exposure to asbestos;	34359

(3) The name and address of each asbestos disposal site that	34360
the business entity or public entity might use during the year;	34361

(4) A description of the site decontamination procedures that	34362
the business entity or public entity will use;	34363

(5) A description of the asbestos hazard abatement procedures	34364
that the business entity or public entity will use;	34365

(6) A description of the procedures that the business entity	34366
or public entity will use for handling waste containing asbestos;	34367

(7) A description of the air-monitoring procedures that the	34368
business entity or public entity will use to prevent contamination	34369
or recontamination of the environment and to protect the public	34370
health from the hazards of exposure to asbestos;	34371

(8) A description of the final clean-up procedures that the	34372
business entity or public entity will use;	34373

(9) A list of all partners, owners, and officers of the	34374
business entity along with their social security numbers;	34375

(10) The federal tax identification number of the business	34376
entity or the public entity.	34377

(D) The fees to be charged to each public entity and business	34378
entity and their employees and agents for licensure,	34379
certification, approval, and renewal of licenses, certifications,	34380
and approvals granted under this chapter, subject to division	34381
(A)(4) of section 3710.02 of the Revised Code, are:	34382

(1) Seven hundred fifty dollars for asbestos hazard abatement	34383
contractors;	34384

(2) Two hundred dollars for asbestos hazard abatement project	34385
designers;	34386

(3) Fifty dollars for asbestos hazard abatement workers;

34387

(4) Two hundred dollars for asbestos hazard abatement	34388
specialists;	34389

(5) Two hundred dollars for asbestos hazard evaluation	34390
specialists; and	34391

(6) Nine hundred dollars for approval or renewal of asbestos	34392
hazard training providers.	34393

(E) Notwithstanding division (A) of this section, no business	34394
entity which engages in asbestos hazard abatement activities	34395
solely at its own place of business is required to be licensed as	34396
an asbestos hazard abatement contractor provided that the business	34397
entity is required to and does comply with all applicable	34398
standards of the United States environmental protection agency and	34399
the United States occupational safety and health administration	34400
and provided further that all persons employed by the business	34401
entity on the activity meet the requirements of this chapter.	34402

Sec. 3710.051. No person shall enter into an agreement to	34403
perform any aspect of an asbestos hazard abatement project unless	34404
the agreement is written and contains at least all of the	34405
following:	34406

(A) A requirement that all persons working on the project are	34407
licensed or certified by the department of health as required by	34408
this chapter;	34409

(B) A requirement that all project clearance levels and	34410
sampling be in accordance with ~~the public health council~~ rules	34411
adopted by the director of health;	34412

(C) A requirement that all clearance air-monitoring be	34413
conducted by asbestos hazard abatement air-monitoring technicians	34414
or asbestos hazard evaluation specialists certified by the	34415
department.	34416

Sec. 3710.06. (A) Within fifteen business days after	34417
receiving an application, the department of health shall	34418
acknowledge receipt of the application and notify the applicant of	34419
any deficiency in the application. Within sixty calendar days	34420
after receiving a completed application, including all additional	34421
information requested by the department, the department shall	34422
issue a license or certificate or deny the application. The	34423
department shall issue only one license or certificate that is in	34424
effect at one time to a business entity and its principal officers	34425
and a public entity and its principal officers.	34426

(B)(1) The department shall deny an application if it	34427
determines that the applicant has not demonstrated the ability to	34428
comply fully with all applicable federal and state requirements	34429
and all requirements, procedures, and standards established by the	34430
~~public~~director of health ~~council~~ in this chapter.	34431

(2) The department shall deny any application for an asbestos	34432
hazard abatement contractor's license if the applicant or an	34433
officer or employee of the applicant has been convicted of a	34434
felony under any state or federal law designed to protect the	34435
environment.	34436

(3) The department shall send all denials of an application	34437
by certified mail to the applicant. If the department receives a	34438
timely request for a hearing from the applicant, as provided in	34439
division (D) of section 3710.13 of the Revised Code, the	34440
department shall hold a hearing in accordance with Chapter 119. of	34441
the Revised Code.	34442

(C) In an emergency that results from a sudden, unexpected	34443
event that is not a planned asbestos hazard abatement project, the	34444
department may waive the requirements for a license or	34445
certificate. For the purposes of this division, "emergency"	34446
includes operations necessitated by nonroutine failures of	34447
equipment or by actions of fire and emergency medical personnel	34448
pursuant to duties within their official capacities. Any person	34449
who performs an asbestos hazard abatement activity under emergency	34450
conditions shall notify the director within three days after	34451
performance thereof.	34452

(D) Each license or certificate issued under this chapter	34453
expires one year after the date of issue, but each licensee or	34454
certificate holder may apply to the department for the extension	34455
of ~~his~~the holder's license or certificate under the standard	34456
renewal procedures of Chapter 4745. of the Revised Code.	34457

To qualify for renewal of a license or certificate issued	34458
under this chapter, each licensee or certificate holder shall send	34459
the appropriate renewal fee set forth in division (D) of section	34460
3710.05 of the Revised Code or as adopted by rule by the ~~public~~	34461
~~health council~~director pursuant to division (A)(4) of section	34462
3710.02 of the Revised Code.	34463

Certificate holders also shall successfully complete an	34464
annual renewal course approved by the department pursuant to	34465
section 3710.10 of the Revised Code.	34466

(E) The department may charge a fee in addition to those	34467
specified in division (D) of section 3710.05 of the Revised Code	34468
or in ~~rule of~~rules adopted by the ~~public health council~~director	34469
pursuant to division (A)(4) of section 3710.02 of the Revised Code	34470
if the licensee or certificate holder applies for renewal after	34471
the expiration thereof or requests a reissuance of any license or	34472
certificate, provided that no such fee shall exceed the original	34473
fees by more than fifty per cent.	34474

Sec. 3710.07. (A) Prior to engaging in any asbestos hazard	34475
abatement project, an asbestos hazard abatement contractor shall	34476
do all of the following:	34477

(1) Prepare a written respiratory protection program as	34478
defined by the ~~public~~director of health ~~council~~ pursuant to rule,	34479
and make the program available to the department of health, and	34480
workers at the job site if the contractor is a public entity or	34481
prepare a written respiratory protection program, consistent with	34482
29 C.F.R. 1910.134 and make the program available to the	34483
department, and workers at the job site if the contractor is a	34484
business entity;	34485

(2) Ensure that each worker who will be involved in any	34486
asbestos hazard abatement project has been examined within the	34487
preceding year and has been declared by a physician to be	34488
physically capable of working while wearing a respirator;	34489

(3) Ensure that each of the contractor's employees or agents	34490
who will come in contact with asbestos-containing materials or	34491
will be responsible for an asbestos hazard abatement project	34492
receives the appropriate certification or licensure required by	34493
this chapter and the following training:	34494

(a) An initial course approved by the department pursuant to	34495
section 3710.10 of the Revised Code, completed before engaging in	34496
any asbestos hazard abatement project; and	34497

(b) An annual review course approved by the department	34498
pursuant to section 3710.10 of the Revised Code.	34499

(B) After obtaining or renewing a license, an asbestos hazard	34500
abatement contractor shall notify the department, on a form	34501
approved by the director of health, at least ten days before	34502
beginning each asbestos hazard abatement project conducted during	34503
the term of the contractor's license.	34504

(C) In addition to any other fee imposed under this chapter,	34505
an asbestos hazard abatement contractor shall pay, at the time of	34506
providing notice under division (B) of this section, the	34507
department a fee of sixty-five dollars for each asbestos hazard	34508
abatement project conducted.	34509

Sec. 3710.08. (A) An asbestos hazard abatement contractor	34510
engaging in any asbestos hazard abatement project shall, during	34511
the course of the project:	34512

(1) Conduct each project in a manner that is in compliance	34513
with the requirements the director of environmental protection	34514
adopts pursuant to section 3704.03 of the Revised Code and the	34515
asbestos requirements of the United States occupational safety and	34516
health administration set forth in 29 C.F.R. 1926.58;	34517

(2) Comply with all applicable rules adopted by the ~~public~~	34518
director of health ~~council~~ pursuant to section 3710.02 of the	34519
Revised Code.	34520

(B) An asbestos hazard abatement contractor that is a public	34521
entity shall:	34522

(1) Provide workers with protective clothing and equipment	34523
and ensure that the workers involved in any asbestos hazard	34524
abatement project use the items properly. Protective clothing and	34525
equipment shall include:	34526

(a) Respirators approved by the national institute of	34527
occupational safety and health. These respirators shall be fit	34528
tested in accordance with requirements of the United States	34529
occupational safety and health administration set forth in 29	34530
C.F.R. 1926.58(h). At the request of an employee, the asbestos	34531
hazard abatement contractor shall provide the employee with a	34532
powered air purifying respirator, in which case, the testing	34533
requirements of division (B)(1)(a) of this section do not apply.	34534

(b) Items required by the ~~public~~director of health ~~council~~	34535
by rule as provided in division (A)(7) of section 3710.02 of the	34536
Revised Code.	34537

(2) Comply with all applicable standards of conduct and	34538
requirements adopted by ~~the public health council and~~ the director	34539
of health pursuant to section 3710.02 of the Revised Code.	34540

(C) An asbestos hazard abatement specialist engaging in any	34541
asbestos hazard abatement project shall, during the course of the	34542
project:	34543

(1) Conduct each project in a manner that will meet	34544
decontamination procedures, project containment procedures, and	34545
asbestos fiber dispersal methods as provided in division (A)(6) of	34546
section 3710.02 of the Revised Code;	34547

(2) Ensure that workers utilize, handle, remove, and dispose	34548
of the disposable clothing provided by abatement contractors in a	34549
manner that will prevent contamination or recontamination of the	34550
environment and protect the public health from the hazards of	34551
exposure to asbestos;	34552

(3) Ensure that workers utilize protective clothing and	34553
equipment and comply with the applicable health and safety	34554
standards set forth in division (A) of section 3710.08 of the	34555
Revised Code;	34556

(4) Ensure that there is no smoking, eating, or drinking in	34557
the work area;	34558

(5) Comply with all applicable standards of conduct and	34559
requirements adopted by the ~~public health council and~~ director of	34560
health pursuant to section 3710.02 of the Revised Code.	34561

(D) An asbestos hazard evaluation specialist engaged in the	34562
identification, detection, and assessment of asbestos-containing	34563
materials, the determination of appropriate response actions, or	34564
other activities associated with an abatement project or the	34565
preparation of management plans, shall comply with the applicable	34566
standards of conduct and requirements adopted by ~~the public health~~	34567
~~council and~~ the director of health pursuant to section 3710.02 of	34568
the Revised Code.	34569

(E) Every asbestos hazard abatement worker shall comply with	34570
all applicable standards adopted by the ~~public~~director of health	34571
~~council~~ pursuant to section 3710.02 of the Revised Code.	34572

(F) The department may, on a case-by-case basis, approve an	34573
alternative to the worker protection requirements of divisions	34574
(A), (B), and (C) of this section for an asbestos hazard abatement	34575
project conducted by a public entity, provided that the asbestos	34576
hazard abatement contractor submits the alternative procedure to	34577
the department in writing and demonstrates to the satisfaction of	34578
the department that the proposed alternative procedure provides	34579
equivalent worker protection.	34580

Sec. 3710.09. (A) As a means of protecting the public, each	34581
asbestos hazard abatement contractor licensed under this chapter	34582
shall maintain records of all asbestos hazard abatement projects	34583
which hethe contractor performs and make these records available	34584
to the department of health upon request. The licensee shall	34585
maintain the records for at least thirty years.	34586

(B) The records required by this section shall include all of	34587
the following:	34588

(1) The name, social security number, and address of the	34589
person who supervised the asbestos hazard abatement project;	34590

(2) The names and social security numbers of all workers at	34591
the job site;	34592

(3) The location and description of the asbestos hazard	34593
abatement project and the amount of asbestos-containing material	34594
that was removed;	34595

(4) The starting and completion dates of each asbestos hazard	34596
abatement project;	34597

(5) A summary of the procedures that were used to comply with	34598
all applicable federal, state, and local standards;	34599

(6) The name and address of each asbestos disposal site where	34600
the waste containing asbestos was deposited;	34601

(7) Any other information that the ~~public~~director of health	34602
~~council~~, by rule, requires.	34603

Sec. 3710.10. (A) No person other than the department of	34604
health shall conduct or offer to conduct any initial or review	34605
training course or examination required by this chapter unless	34606
that person is approved to sponsor the courses and examinations	34607
under this section. In conducting any such course or examination,	34608
the department and the approved person shall administer the	34609
courses and examinations according to the United States	34610
environmental protection agency "Model Accreditation Plan," 40	34611
C.F.R. 763, Subpart E, Appendix C, and the rules of the ~~public~~	34612
director of health ~~council~~ adopted pursuant to division (A)(3) of	34613
section 3710.02 of the Revised Code. A person may apply for	34614
approval or renewal of a course on the health and safety aspects	34615
of asbestos hazard abatement activities which meets the	34616
requirements of division (A)(3) of section 3710.07 of the Revised	34617
Code by submitting a written application on forms provided by the	34618
department.	34619

(B) In order to obtain or renew department approval, a person	34620
sponsoring a course shall substantially satisfy all of the	34621
following criteria:	34622

(1) Provide courses of instruction and examinations that meet	34623
the requirements of division (A) of this section;	34624

(2) Ensure that instruction is given or supervised by	34625
personnel with sufficient education and experience as determined,	34626
~~by rule,~~in rules adopted by the ~~public health council~~director;	34627

(3) Maintain lists of students trained and the dates on which	34628
training occurred for at least twenty years, and make this	34629
information available to the department upon request.	34630

(C) In order to obtain or renew department approval, a person	34631
sponsoring an initial course or a review course annually shall	34632
apply to the department for approval. In applying, the person	34633
shall submit the fee set forth in division (D) of section 3710.05	34634
of the Revised Code along with any increase in fee adopted	34635
pursuant to division (A)(4) of section 3710.02 of the Revised	34636
Code.	34637

(D)(1) The department shall act or acknowledge receipt of an	34638
application within ten working days after receiving the	34639
application.	34640

(2) The department shall act on the application within ninety	34641
days after it is complete.	34642

(3) The department shall grant contingent approval of an	34643
application if the department determines the course substantially	34644
satisfies or will substantially satisfy the criteria in this	34645
chapter and the rules adopted by the ~~public health council~~	34646
director.	34647

(4) The department may deny or revoke approval of a course if	34648
the department determines the course does not or will not	34649
substantially satisfy the criteria in this chapter or the rules	34650
adopted by the ~~public health council~~director.	34651

(5) The department shall grant final approval of a course	34652
only after an on-site audit by the department which reveals that	34653
the course substantially satisfies the criteria in this chapter	34654
and the rules adopted by the ~~public health council~~director.	34655
Course approvals expire one year from the date of final approval	34656
under division (D)(5) of this section.	34657

(E) Each course approval issued under this section expires	34658
one year after the date of issue, but a person who received	34659
approval may apply to the department for renewal under the	34660
standard renewal procedures of Chapter 4745. of the Revised Code.	34661
The fee prescribed in section 3710.05 of the Revised Code must	34662
accompany the application.	34663

Sec. 3710.12. Subject to the hearing provisions of this	34664
chapter, the department of health may deny, suspend, or revoke any	34665
license or certificate, or renewal thereof, if the licensee or	34666
certificate holder:	34667

(A) Fraudulently or deceptively obtains or attempts to obtain	34668
a license or certificate;	34669

(B) Fails at any time to meet the qualifications for a	34670
license or certificate;	34671

(C) Is violating or threatening to violate any provisions of	34672
any of the following:	34673

(1) This chapter or the rules of the ~~public health council or~~	34674
director of health adopted pursuant thereto;	34675

(2) The "National Emission Standard for Hazardous Air	34676
Pollutants" regulations of the United States environmental	34677
protection agency as the regulations pertain to asbestos; or	34678

(3) The regulations of the United States occupational safety	34679
and health administration as the regulations pertain to asbestos.	34680

Sec. 3710.13. (A) Except as otherwise provided in Chapter	34681
119. of the Revised Code or this section, before the department of	34682
health takes any action under section 3710.12 of the Revised Code,	34683
it shall give the licensee or certificate holder against whom	34684
action is contemplated an opportunity for a hearing.	34685

Except as otherwise provided in this section, the department	34686
shall give notice and hold the hearing in accordance with Chapter	34687
119. of the Revised Code.	34688

(B) The department, without notice or hearing and in	34689
accordance with ~~the~~ rules ofadopted by the ~~public~~director of	34690
health ~~council~~, may issue an order requiring any action necessary	34691
to meet a public health emergency involving asbestos. Any person	34692
to whom an order is directed shall immediately comply with the	34693
order. Upon application to the director of health, the person	34694
shall be afforded a hearing as soon as possible, but no more than	34695
twenty days after receipt of the application by the director.	34696

(C) If the director determines, pursuant to division (B) of	34697
this section, that a public health emergency exists, hethe	34698
director may order, without a hearing, the denial, suspension, or	34699
revocation of any license or certificate issued under this chapter	34700
of the parties involved, provided that an opportunity for a	34701
hearing is provided to the affected party as soon as reasonably	34702
possible.	34703

(D) All proceedings under this chapter are subject to Chapter	34704
119. of the Revised Code, except that:	34705

(1) Upon the request of a licensee or certificate holder, the	34706
location of an adjudicatory hearing is the county seat of the	34707
county in which the licensee or certificate holder conducts	34708
business.	34709

(2) The director shall notify, by certified mail or personal	34710
delivery, a licensee or certificate holder that hethe licensee or	34711
certificate holder is entitled to a hearing if hethe licensee or	34712
certificate holder requests it, in writing, within ten days of the	34713
time that hethe licensee or certificate holder receives the	34714
notice. If the licensee or certificate holder requests such a	34715
hearing, the director shall set the hearing date no later than ten	34716
days after the director receives the request.	34717

(3) The director shall not apply for or receive a	34718
postponement or continuation of an adjudication hearing. If a	34719
licensee or certificate holder requests a postponement or	34720
continuation of an adjudication hearing, the director only shall	34721
grant the request if the licensee or certificate holder	34722
demonstrates extreme hardship in complying with the hearing date.	34723
If the director grants a postponement or continuation on the	34724
grounds of extreme hardship, the director shall include in the	34725
record of the case, the nature and cause of the extreme hardship.	34726

(4) In lieu of an adjudicatory hearing required by this	34727
chapter, a licensee or certificate holder, by no later than the	34728
date set for a hearing pursuant to division (A)(3) of this	34729
section, may by written request to the director, request that the	34730
matter be resolved by the licensee or certificate holder	34731
submitting documents, papers, and other written evidence to the	34732
director to support ~~his~~the licensee's or certificate holder's	34733
claim.	34734

(5) If the director appoints a referee or an examiner to	34735
conduct a hearing, all of the following apply:	34736

(a) The examiner or referee shall serve, by certified mail	34737
and within three business days of the conclusion of the hearing, a	34738
copy of the written adjudication report and ~~his~~the referee's or	34739
examiner's recommendations, on the director and the affected	34740
licensee or certificate holder or the licensee's or certificate	34741
holder's attorney or other representative of record.	34742

(b) The licensee or certificate holder, within three business	34743
days of receipt of the report under division (D)(5)(a) of this	34744
section, may file with the director written objections to the	34745
report and recommendations.	34746

(c) The director shall consider any objections received under	34747
division (D)(5)(b) of this section prior to approving, modifying,	34748
or disapproving the report and recommendations. Within six	34749
business days of receiving the report under division (D)(5)(a) of	34750
this section, the director shall serve ~~his~~the director's order,	34751
by certified mail, on the affected licensee or certificate holder	34752
or the licensee's or certificate holder's attorney or other	34753
representative of record.	34754

(6) If the director conducts an adjudicatory hearing under	34755
this chapter, hethe director shall serve ~~his~~the director's	34756
decision, by certified mail and within three business days of the	34757
conclusion of the hearing, on the affected licensee or certificate	34758
holder or the licensee's or certificate holder's attorney or other	34759
representative of record.	34760

(7) If no hearing is held, the director shall issue an order,	34761
by certified mail and within three business days of the last date	34762
possible for a hearing, based upon the record available to ~~him~~the	34763
director, to the affected licensee or certificate holder or the	34764
licensee's or certificate holder's attorney or other	34765
representative of record.	34766

(8) A licensee or certificate holder shall file a notice of	34767
appeal to an adverse adjudication decision within fifteen days	34768
after receipt of the director's order.	34769

Sec. 3710.17. (A) Where any person is certified or licensed	34770
by the department of health to engage in asbestos hazard abatement	34771
or evaluation activity pursuant to this chapter, the liability of	34772
that person when performing such activity in accordance with	34773
procedures established pursuant to state or federal law for an	34774
injury to any individual or property caused or related to this	34775
activity shall be limited to acts or omissions of the person	34776
during the course of performing the activity which can be shown,	34777
based on a preponderance of the evidence, to have been negligent.	34778
For the purposes of this section, the demonstration that acts or	34779
omissions of a person performing asbestos hazard abatement or	34780
evaluation activities were in accordance with generally accepted	34781
practice and with procedures established by state or federal law	34782
at the time the abatement or evaluation activity was performed	34783
creates a rebuttable presumption that the acts or omissions were	34784
not negligent.	34785

(B) Where any person contracts with a certified asbestos	34786
hazard abatement specialist, asbestos hazard evaluation	34787
specialist, or other category of asbestos hazard specialist	34788
established by the ~~public~~director of health ~~council~~, or a	34789
licensed asbestos hazard abatement contractor, the liability of	34790
that person for asbestos-related injuries caused by ~~his~~the	34791
person's contractee in the performance of asbestos hazard	34792
abatement or evaluation activities shall be limited to those	34793
asbestos-related injuries arising from acts which the person knew	34794
or could reasonably have been expected to know were not in	34795
accordance with generally accepted practice or with procedures	34796
established by state or federal law at the time the abatement	34797
activity took place.	34798

(C) Notwithstanding any other provisions of the Revised Code	34799
or rules of a court to the contrary, this section governs all	34800
claims for asbestos-related injuries arising from asbestos hazard	34801
abatement or evaluation activities.	34802

Sec. 3711.04. Each person seeking to operate a maternity	34803
unit, newborn care nursery, or maternity home shall apply to the	34804
director of health for a license under this chapter. The	34805
application shall be submitted in the form and manner prescribed	34806
by the ~~public health council~~director in rules adopted under	34807
section 3711.12 of the Revised Code.	34808

A single application and license is required if an applicant	34809
will operate both a maternity unit and newborn care nursery.	34810

Sec. 3711.06. The director of health shall inspect each	34811
maternity unit, newborn care nursery, or maternity home for which	34812
a person has applied for an initial license under section 3711.04	34813
of the Revised Code prior to issuing the license. Inspections	34814
shall be conducted in accordance with inspection criteria,	34815
procedures, and guidelines adopted by the ~~public health council~~	34816
director under section 3711.12 of the Revised Code.	34817

Sec. 3711.08. A license issued under this chapter is valid	34818
for three years, unless earlier revoked or suspended under section	34819
3711.14 of the Revised Code. The license may be renewed in the	34820
manner prescribed by the ~~public~~director of health ~~council~~ in	34821
rules adopted under section 3711.12 of the Revised Code. The	34822
license renewal fee specified in the rules shall be paid not later	34823
than sixty days after the director of health mails an invoice for	34824
the fee to the license holder. A penalty of ten per cent of the	34825
amount of the renewal fee shall be assessed for each month the fee	34826
is overdue.	34827

Sec. 3711.12. (A) The ~~public~~director of health ~~council~~ shall	34828
adopt rules in accordance with Chapter 119. of the Revised Code as	34829
the ~~council~~director considers necessary to implement the	34830
requirements of this chapter for licensure and operation of	34831
maternity units, newborn care nurseries, and maternity homes. The	34832
rules shall include provisions for the following:	34833

(1) Licensure application forms and procedures;

34834

(2) Renewal procedures, including procedures that address the	34835
right of the director of health, at the director's sole	34836
discretion, to conduct an inspection prior to renewal of a	34837
license;	34838

(3) Initial license fees and license renewal fees;

34839

(4) Fees for inspections conducted by the director under	34840
section 3711.10 of the Revised Code;	34841

(5) Safety standards, quality-of-care standards, and	34842
quality-of-care data reporting requirements;	34843

(6) Reporting and auditing requirements;

34844

(7) Inspection criteria, procedures, and guidelines;

34845

(8) Any other rules necessary to implement this chapter.

34846

(B) When adopting rules under this section, the ~~public health~~	34847
~~council~~director shall give consideration to recommendations	34848
regarding obstetric and newborn care issued by the American	34849
college of obstetricians and gynecologists; American academy of	34850
pediatrics; American academy of family physicians; American	34851
society of anesthesiologists; American college of nurse-midwives;	34852
United States centers for disease control and prevention;	34853
association of women's health, obstetric and neonatal nurses; and	34854
association of perioperative registered nurses, or their successor	34855
organizations. The ~~council~~director shall also consider the	34856
recommendations of the maternity and newborn advisory council	34857
established in section 3711.20 of the Revised Code.	34858

Sec. 3711.21. The maternity and newborn advisory council	34859
shall do all of the following:	34860

(A) Advise and consult with the director of health in the	34861
development of rules to be ~~presented to the public health council~~	34862
~~for proposed adoption~~adopted under this chapter;	34863

(B) Advise and consult with the director concerning the	34864
implementation and enforcement of this chapter;	34865

(C) Advise and consult with the director in the development	34866
of inspection criteria, procedures, and guidelines to be used in	34867
enforcement of this chapter;	34868

(D) Advise and consult with the director regarding	34869
recommendations ~~to be presented to the public health council~~	34870
regarding improving maternity and newborn care in this state;	34871

(E) Prepare and submit to the director an annual report	34872
evaluating the department's enforcement of this chapter.	34873

Sec. 3712.03. (A) In accordance with Chapter 119. of the	34874
Revised Code, the ~~public~~director of health ~~council~~ shall adopt,	34875
and may amend and rescind, rules:	34876

(1) Providing for the licensing of persons or public agencies	34877
providing hospice care programs within this state by the	34878
department of health and for the suspension and revocation of	34879
licenses;	34880

(2) Establishing a license fee and license renewal fee,	34881
neither of which shall, except as provided in division (B) of this	34882
section, exceed six hundred dollars. The fees shall cover the	34883
three-year period during which an existing license is valid as	34884
provided in division (B) of section 3712.04 of the Revised Code.	34885

(3) Establishing an inspection fee not to exceed, except as	34886
provided in division (B) of this section, one thousand seven	34887
hundred fifty dollars;	34888

(4) Establishing requirements for hospice care program	34889
facilities and services;	34890

(5) Providing for a waiver of the requirement for the	34891
provision of physical, occupational, or speech or language therapy	34892
contained in division (A)(2) of section 3712.01 of the Revised	34893
Code when the requirement would create a hardship because such	34894
therapy is not readily available in the geographic area served by	34895
the provider of a hospice care program;	34896

(6) Providing for the granting of licenses to provide hospice	34897
care programs to persons and public agencies that are accredited	34898
or certified to provide such programs by an entity whose standards	34899
for accreditation or certification equal or exceed those provided	34900
for licensure under this chapter and rules adopted under it;	34901

(7) Establishing interpretive guidelines for each rule.

34902

(B) Subject to the approval of the controlling board, the	34903
~~public health council~~director may establish fees in excess of the	34904
maximum amounts specified in this section, provided that the fees	34905
do not exceed those amounts by greater than fifty per cent.	34906

34907

(1) Grant, suspend, and revoke licenses for hospice care	34908
programs in accordance with this chapter and rules adopted under	34909
it;	34910

(2) Make such inspections as are necessary to determine	34911
whether hospice care program facilities and services meet the	34912
requirements of this chapter and rules adopted under it; and	34913

(3) Implement and enforce this chapter and rules adopted	34914
under it.	34915

Sec. 3712.04. (A) Every person or public agency that	34916
proposes to provide a hospice care program shall apply to the	34917
department of health for a license. Application shall be made on	34918
forms prescribed and provided by the department, shall include	34919
such information as the department requires, and shall be	34920
accompanied by the license fee established by rules of the ~~public~~	34921
director of health ~~council~~ adopted under division (A) of section	34922
3712.03 of the Revised Code.	34923

The department shall grant a license to the applicant if the	34924
applicant is in compliance with this chapter and rules adopted	34925
under it.	34926

(B) A license granted under this section shall be valid for	34927
three years. Application for renewal of a license shall be made at	34928
least ninety days before the expiration of the license in the same	34929
manner as for an initial license. The department shall renew the	34930
license if the applicant meets the requirements of this chapter	34931
and rules adopted under it.	34932

(C) Subject to Chapter 119. of the Revised Code, the	34933
department may suspend or revoke a license if the licensee made	34934
any material misrepresentation in the application for the license	34935
or no longer meets the requirements of this chapter or rules	34936
adopted under it.	34937

(D) A hospital, nursing home, home for the aged, county	34938
medical care facility, or other health facility or agency that	34939
provides a hospice care program shall be licensed to provide a	34940
hospice care program under this section.	34941

(E) A nursing home licensed under Chapter 3721. of the	34942
Revised Code that does not hold itself out to be a hospice, does	34943
not hold itself out as providing a hospice care program, does not	34944
use the term hospice to describe or refer to its activities or	34945
facilities, and that does not provide all of the services	34946
enumerated in division (A) of section 3712.01 of the Revised Code	34947
is not subject to the licensing provisions of this chapter.	34948

Sec. 3712.09. (A) As used in this section:

34949

(1) "Applicant" means a person who is under final	34950
consideration for employment with a hospice care program in a	34951
full-time, part-time, or temporary position that involves	34952
providing direct care to an older adult. "Applicant" does not	34953
include a person who provides direct care as a volunteer without	34954
receiving or expecting to receive any form of remuneration other	34955
than reimbursement for actual expenses.	34956

(2) "Criminal records check" ~~and "older adult" have~~has the	34957
same ~~meanings~~meaning as in section 109.572 of the Revised Code.	34958

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

34959

(B)(1) Except as provided in division (I) of this section,	34960
the chief administrator of a hospice care program shall request	34961
that the superintendent of the bureau of criminal identification	34962
and investigation conduct a criminal records check ~~with respect to~~	34963
of each applicant. If an applicant for whom a criminal records	34964
check request is required under this division does not present	34965
proof of having been a resident of this state for the five-year	34966
period immediately prior to the date the criminal records check is	34967
requested or provide evidence that within that five-year period	34968
the superintendent has requested information about the applicant	34969
from the federal bureau of investigation in a criminal records	34970
check, the chief administrator shall request that the	34971
superintendent obtain information from the federal bureau of	34972
investigation as part of the criminal records check of the	34973
applicant. Even if an applicant for whom a criminal records check	34974
request is required under this division presents proof of having	34975
been a resident of this state for the five-year period, the chief	34976
administrator may request that the superintendent include	34977
information from the federal bureau of investigation in the	34978
criminal records check.	34979

(2) A person required by division (B)(1) of this section to	34980
request a criminal records check shall do both of the following:	34981

(a) Provide to each applicant for whom a criminal records	34982
check request is required under that division a copy of the form	34983
prescribed pursuant to division (C)(1) of section 109.572 of the	34984
Revised Code and a standard fingerprint impression sheet	34985
prescribed pursuant to division (C)(2) of that section, and obtain	34986
the completed form and impression sheet from the applicant;	34987

(b) Forward the completed form and impression sheet to the	34988
superintendent of the bureau of criminal identification and	34989
investigation.	34990

(3) An applicant provided the form and fingerprint impression	34991
sheet under division (B)(2)(a) of this section who fails to	34992
complete the form or provide fingerprint impressions shall not be	34993
employed in any position for which a criminal records check is	34994
required by this section.	34995

(C)(1) Except as provided in rules adopted by the ~~public~~	34996
director of health ~~council~~ in accordance with division (F) of this	34997
section and subject to division (C)(2) of this section, no hospice	34998
care program shall employ a person in a position that involves	34999
providing direct care to an older adult if the person has been	35000
convicted of or pleaded guilty to any of the following:	35001

(a) A violation of section 2903.01, 2903.02, 2903.03,	35002
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	35003
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	35004
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	35005
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	35006
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	35007
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	35008
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	35009
2925.22, 2925.23, or 3716.11 of the Revised Code.	35010

(b) A violation of an existing or former law of this state,	35011
any other state, or the United States that is substantially	35012
equivalent to any of the offenses listed in division (C)(1)(a) of	35013
this section.	35014

(2)(a) A hospice care program may employ conditionally an	35015
applicant for whom a criminal records check request is required	35016
under division (B) of this section prior to obtaining the results	35017
of a criminal records check regarding the individual, provided	35018
that the program shall request a criminal records check regarding	35019
the individual in accordance with division (B)(1) of this section	35020
not later than five business days after the individual begins	35021
conditional employment. In the circumstances described in division	35022
(I)(2) of this section, a hospice care program may employ	35023
conditionally an applicant who has been referred to the hospice	35024
care program by an employment service that supplies full-time,	35025
part-time, or temporary staff for positions involving the direct	35026
care of older adults and for whom, pursuant to that division, a	35027
criminal records check is not required under division (B) of this	35028
section.	35029

(b) A hospice care program that employs an individual	35030
conditionally under authority of division (C)(2)(a) of this	35031
section shall terminate the individual's employment if the results	35032
of the criminal records check requested under division (B) of this	35033
section or described in division (I)(2) of this section, other	35034
than the results of any request for information from the federal	35035
bureau of investigation, are not obtained within the period ending	35036
thirty days after the date the request is made. Regardless of when	35037
the results of the criminal records check are obtained, if the	35038
results indicate that the individual has been convicted of or	35039
pleaded guilty to any of the offenses listed or described in	35040
division (C)(1) of this section, the program shall terminate the	35041
individual's employment unless the program chooses to employ the	35042
individual pursuant to division (F) of this section. Termination	35043
of employment under this division shall be considered just cause	35044
for discharge for purposes of division (D)(2) of section 4141.29	35045
of the Revised Code if the individual makes any attempt to deceive	35046
the program about the individual's criminal record.	35047

(D)(1) Each hospice care program shall pay to the bureau of	35048
criminal identification and investigation the fee prescribed	35049
pursuant to division (C)(3) of section 109.572 of the Revised Code	35050
for each criminal records check conducted pursuant to a request	35051
made under division (B) of this section.	35052

(2) A hospice care program may charge an applicant a fee not	35053
exceeding the amount the program pays under division (D)(1) of	35054
this section. A program may collect a fee only if both of the	35055
following apply:	35056

(a) The program notifies the person at the time of initial	35057
application for employment of the amount of the fee and that,	35058
unless the fee is paid, the person will not be considered for	35059
employment;	35060

(b) The medical assistance program established under Chapter	35061
5111. of the Revised Code does not reimburse the program the fee	35062
it pays under division (D)(1) of this section.	35063

(E) The report of a criminal records check conducted pursuant	35064
to a request made under this section is not a public record for	35065
the purposes of section 149.43 of the Revised Code and shall not	35066
be made available to any person other than the following:	35067

(1) The individual who is the subject of the criminal records	35068
check or the individual's representative;	35069

(2) The chief administrator of the program requesting the	35070
criminal records check or the administrator's representative;	35071

(3) The administrator of any other facility, agency, or	35072
program that provides direct care to older adults that is owned or	35073
operated by the same entity that owns or operates the hospice care	35074
program;	35075

(4) A court, hearing officer, or other necessary individual	35076
involved in a case dealing with a denial of employment of the	35077
applicant or dealing with employment or unemployment benefits of	35078
the applicant;	35079

(5) Any person to whom the report is provided pursuant to,	35080
and in accordance with, division (I)(1) or (2) of this section.	35081

(F) The ~~public~~director of health ~~council~~ shall adopt rules	35082
in accordance with Chapter 119. of the Revised Code to implement	35083
this section. The rules shall specify circumstances under which a	35084
hospice care program may employ a person who has been convicted of	35085
or pleaded guilty to an offense listed or described in division	35086
(C)(1) of this section but meets personal character standards set	35087
by the ~~council~~director.	35088

(G) The chief administrator of a hospice care program shall	35089
inform each individual, at the time of initial application for a	35090
position that involves providing direct care to an older adult,	35091
that the individual is required to provide a set of fingerprint	35092
impressions and that a criminal records check is required to be	35093
conducted if the individual comes under final consideration for	35094
employment.	35095

(H) In a tort or other civil action for damages that is	35096
brought as the result of an injury, death, or loss to person or	35097
property caused by an individual who a hospice care program	35098
employs in a position that involves providing direct care to older	35099
adults, all of the following shall apply:	35100

(1) If the program employed the individual in good faith and	35101
reasonable reliance on the report of a criminal records check	35102
requested under this section, the program shall not be found	35103
negligent solely because of its reliance on the report, even if	35104
the information in the report is determined later to have been	35105
incomplete or inaccurate;	35106

(2) If the program employed the individual in good faith on a	35107
conditional basis pursuant to division (C)(2) of this section, the	35108
program shall not be found negligent solely because it employed	35109
the individual prior to receiving the report of a criminal records	35110
check requested under this section;	35111

(3) If the program in good faith employed the individual	35112
according to the personal character standards established in rules	35113
adopted under division (F) of this section, the program shall not	35114
be found negligent solely because the individual prior to being	35115
employed had been convicted of or pleaded guilty to an offense	35116
listed or described in division (C)(1) of this section.	35117

(I)(1) The chief administrator of a hospice care program is	35118
not required to request that the superintendent of the bureau of	35119
criminal identification and investigation conduct a criminal	35120
records check of an applicant if the applicant has been referred	35121
to the program by an employment service that supplies full-time,	35122
part-time, or temporary staff for positions involving the direct	35123
care of older adults and both of the following apply:	35124

(a) The chief administrator receives from the employment	35125
service or the applicant a report of the results of a criminal	35126
records check regarding the applicant that has been conducted by	35127
the superintendent within the one-year period immediately	35128
preceding the applicant's referral;	35129

(b) The report of the criminal records check demonstrates	35130
that the person has not been convicted of or pleaded guilty to an	35131
offense listed or described in division (C)(1) of this section, or	35132
the report demonstrates that the person has been convicted of or	35133
pleaded guilty to one or more of those offenses, but the hospice	35134
care program chooses to employ the individual pursuant to division	35135
(F) of this section.	35136

(2) The chief administrator of a hospice care program is not	35137
required to request that the superintendent of the bureau of	35138
criminal identification and investigation conduct a criminal	35139
records check of an applicant and may employ the applicant	35140
conditionally as described in this division, if the applicant has	35141
been referred to the program by an employment service that	35142
supplies full-time, part-time, or temporary staff for positions	35143
involving the direct care of older adults and if the chief	35144
administrator receives from the employment service or the	35145
applicant a letter from the employment service that is on the	35146
letterhead of the employment service, dated, and signed by a	35147
supervisor or another designated official of the employment	35148
service and that states that the employment service has requested	35149
the superintendent to conduct a criminal records check regarding	35150
the applicant, that the requested criminal records check will	35151
include a determination of whether the applicant has been	35152
convicted of or pleaded guilty to any offense listed or described	35153
in division (C)(1) of this section, that, as of the date set forth	35154
on the letter, the employment service had not received the results	35155
of the criminal records check, and that, when the employment	35156
service receives the results of the criminal records check, it	35157
promptly will send a copy of the results to the hospice care	35158
program. If a hospice care program employs an applicant	35159
conditionally in accordance with this division, the employment	35160
service, upon its receipt of the results of the criminal records	35161
check, promptly shall send a copy of the results to the hospice	35162
care program, and division (C)(2)(b) of this section applies	35163
regarding the conditional employment.	35164

Sec. 3713.01. As used in sections 3713.01 to 3713.10 of the	35165
Revised Code:	35166

(A) "Person" has the same meaning as used in division (C) of	35167
section 1.59 of the Revised Code and also means any limited	35168
company, limited liability partnership, joint stock company, or	35169
other association.	35170

(B) "Bedding" means any upholstered furniture, any mattress,	35171
upholstered spring, comforter, bolster, pad, cushion, pillow,	35172
mattress protector, quilt, and any other upholstered article, to	35173
be used for sleeping, resting, or reclining purposes, and any	35174
glider, hammock, or other substantially similar article that is	35175
wholly or partly upholstered.	35176

(C) "Secondhand" means any article, or material, or portion	35177
thereof of which prior use has been made in any manner whatsoever.	35178

(D) "Remade, repaired, or renovated articles not for sale"	35179
means any article that is remade, repaired, or renovated for and	35180
is returned to the owner for the owner's own use.	35181

(E) "Sale," "sell," or "sold" shall, in the corresponding	35182
tense, mean sell, offer to sell, or deliver or consign in sale, or	35183
possess with intent to sell, or deliver in sale.	35184

(F) "Upholstered furniture" means any article of furniture	35185
wholly or partly stuffed or filled with material and that is used	35186
or intended for use for sitting, resting, or reclining purposes.	35187

(G) "Stuffed toy" means any article intended for use as a	35188
plaything or for an educational or recreational purpose that is	35189
wholly or partially stuffed with material.	35190

(H) "Tag" or "label" means any material prescribed by the	35191
superintendent of ~~labor~~industrial compliance to be attached to an	35192
article that contains information required under this chapter.	35193

Sec. 3713.02. (A) Except as provided in section 3713.05 of	35194
the Revised Code, no person shall import, manufacture, renovate,	35195
wholesale, or reupholster stuffed toys or articles of bedding in	35196
this state without first registering to do so with the	35197
superintendent of ~~labor~~industrial compliance in accordance with	35198
section 3713.05 of the Revised Code.	35199

(B) No person shall manufacture, offer for sale, sell,	35200
deliver, or possess for the purpose of manufacturing, selling, or	35201
delivering, an article of bedding or a stuffed toy that is not	35202
labeled in accordance with section 3713.08 of the Revised Code.	35203

(C) No person shall manufacture, offer for sale, sell,	35204
deliver, or possess for the purpose of manufacturing, selling, or	35205
delivering, an article of bedding or a stuffed toy that is falsely	35206
labeled.	35207

(D) No person shall sell or offer for sale any secondhand	35208
article of bedding or any secondhand stuffed toy that has not been	35209
sanitized in accordance with section 3713.08 of the Revised Code.	35210

(E) The possession of any article of bedding or stuffed toy	35211
in the course of business by a person required to obtain	35212
registration under this chapter, or by that person's agent or	35213
servant shall be prima-facie evidence of the person's intent to	35214
sell the article of bedding or stuffed toy.	35215

Sec. 3713.03. The superintendent of ~~labor~~industrial	35216
compliance in the department of commerce shall administer and	35217
enforce this chapter.	35218

Sec. 3713.04. (A) In accordance with Chapter 119. of the	35219
Revised Code, the superintendent of ~~labor~~industrial compliance	35220
shall:	35221

(1) Adopt rules pertaining to the definition, name, and	35222
description of materials necessary to carry out this chapter;	35223

(2) Determine the testing standards, fees, and charges to be	35224
paid for making any test or analysis required pursuant to section	35225
3713.08 of the Revised Code.	35226

(B) In accordance with Chapter 119. of the Revised Code, the	35227
superintendent may adopt rules regarding the following:	35228

(1) Establishing an initial application fee or an annual	35229
registration renewal fee not more than fifty per cent higher than	35230
the fees set forth in section 4713.05 of the Revised Code;	35231

(2) Establishing standards, on a reciprocal basis, for the	35232
acceptance of labels and laboratory analyses from other states	35233
where the labeling requirements and laboratory analysis standards	35234
are substantially equal to the requirements of this state,	35235
provided the other state extends similar reciprocity to labels and	35236
laboratory analysis conducted under this chapter;	35237

(3) Any other rules necessary to administer and carry out	35238
this chapter.	35239

35240

(1) Issue administrative orders, conduct hearings, and take	35241
all actions necessary under the authority of Chapter 119. of the	35242
Revised Code for the administration of this chapter. The authority	35243
granted under this division shall include the authority to	35244
suspend, revoke, or deny registration under this chapter.	35245

(2) Establish and maintain facilities within the department	35246
of commerce to make tests and analysis of materials used in the	35247
manufacture of bedding and stuffed toys. The superintendent also	35248
may designate established laboratories in various sections of the	35249
state that are qualified to make these tests. If the	35250
superintendent exercises this authority, the superintendent shall	35251
adopt rules to determine the fees and charges to be paid for	35252
making the tests or analyses authorized under this section.	35253

(3) Exercise such other powers and duties as are necessary to	35254
carry out the purpose and intent of this chapter.	35255

Sec. 3713.05. (A) Applications to register to import,	35256
manufacture, renovate, wholesale, make, or reupholster stuffed	35257
toys or bedding in this state shall be made in writing on forms	35258
provided by the superintendent of ~~labor~~industrial compliance. The	35259
application shall be accompanied by a registration fee of fifty	35260
dollars per person unless the applicant engages only in	35261
renovation, in which case the registration fee shall be	35262
thirty-five dollars.	35263

(B) Upon receipt of the application and the appropriate fee,	35264
the superintendent shall register the applicant and assign a	35265
registration number to the registrant.	35266

(C) Notwithstanding section 3713.02 of the Revised Code and	35267
division (A) of this section, the following are exempt from	35268
registration:	35269

(1) An organization described in section 501(c)(3) of the	35270
"Internal Revenue Code of 1986," and exempt from income tax under	35271
section 501(a) of that code and that is operated exclusively to	35272
provide recreation or social services;	35273

(2) A person who is not regularly engaged in the business of	35274
manufacturing, making, wholesaling, or importing stuffed toys but	35275
who manufactures or makes stuffed toys as a leisure pursuit and	35276
who sells one hundred or fewer stuffed toys within one calendar	35277
year;	35278

(3) A person who is not regularly engaged in the business of	35279
manufacturing, making, wholesaling, or importing quilts,	35280
comforters, pillows, or cushions, but who manufactures or makes	35281
these items as a leisure pursuit and who sells five or fewer	35282
quilts, ten or fewer comforters, or twenty or fewer pillows or	35283
cushions within one calendar year.	35284

(D) Notwithstanding division (C)(2) or (3) of this section, a	35285
person exempt under that division must attach a label to each	35286
stuffed toy that contains all of the following information:	35287

(1) The person's name and address;

35288

(2) A statement that the person is not registered by the	35289
state of Ohio;	35290

(3) A statement that the contents of the product have not	35291
been inspected.	35292

Sec. 3713.06. (A) Any person required to register under	35293
division (A) of section 3713.02 of the Revised Code who imports	35294
bedding or stuffed toys into this state for retail sale or use in	35295
this state and any person required to register under division (A)	35296
of section 3713.02 of the Revised Code who manufactures bedding or	35297
stuffed toys in this state for retail sale or use in this state	35298
shall submit a report to the superintendent of ~~labor~~industrial	35299
compliance, in a form and manner prescribed by the superintendent.	35300
The form shall be submitted once every six months and shall show	35301
the total number of items of bedding or stuffed toys imported into	35302
this state or manufactured in this state. Each report shall be	35303
accompanied by a fee of four cents for each item of bedding or	35304
stuffed toy imported into this state or manufactured in this	35305
state.	35306

(B) Every importer, manufacturer, or wholesaler of stuffed	35307
toys or articles of bedding, and every mobile home and	35308
recreational vehicle dealer, conversion van dealer, secondhand	35309
dealer, and auction house shall retain records, designated by the	35310
superintendent in rule, for the time period established in rule.	35311

(C) Every importer, manufacturer, or wholesaler of stuffed	35312
toys or articles of bedding, and every mobile home and	35313
recreational vehicle dealer, conversion van dealer, secondhand	35314
dealer, and auction house shall make sufficient investigation of	35315
its records to ensure that the information reported to the	35316
superintendent under division (A) of this section is accurate.	35317

Sec. 3713.07. (A) Registration obtained under this chapter	35318
expires annually on the last day of the month in the month that	35319
the registration was obtained. The superintendent of ~~labor~~	35320
industrial compliance shall renew the registration in accordance	35321
with Chapter 4745. of the Revised Code.	35322

(B) Failure on the part of any registrant to renew	35323
registration prior to its expiration, when notified as required in	35324
this section, shall not deprive the person of the right to renewal	35325
within the ninety days that follow expiration, but the fee to be	35326
paid for renewal after its expiration shall be one hundred dollars	35327
plus the standard registration fee for the registrant.	35328

(C) If a registrant fails to renew registration within ninety	35329
days of the date that it expired, the former registrant shall	35330
comply with the registration requirements under section 3713.05 of	35331
the Revised Code to obtain valid registration.	35332

Sec. 3713.08. (A) All persons required to register under	35333
division (A) of section 3713.02 of the Revised Code manufacturing,	35334
making, or wholesaling bedding or stuffed toys, or both, that are	35335
sold or offered for sale shall have the material content of their	35336
products tested and analyzed at an established laboratory	35337
designated by the superintendent of ~~labor~~industrial compliance	35338
before the bedding or stuffed toys are sold or offered for sale.	35339

(B) Every stuffed toy or item of bedding sold or offered for	35340
sale shall have a label affixed to it that reports the contents of	35341
the stuffed toy or bedding material in conformity with	35342
requirements established by the superintendent, a registration	35343
number, and any other identifying information as required by the	35344
superintendent.	35345

(C) The seller of any secondhand articles of bedding or	35346
stuffed toys shall sanitize all items in accordance with rules	35347
established by the superintendent prior to the sale of or the	35348
offering for sale of any secondhand articles.	35349

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

35350

(1) Persons who meet the qualifications of division (C)(2) or	35351
(3) of section 3713.05 of the Revised Code;	35352

(2) The sale of furniture more than fifty years old;

35353

(3) The sale of furniture from the home of the owner directly	35354
to the purchaser.	35355

Sec. 3713.09. (A) The superintendent of ~~labor~~industrial	35356
compliance may appoint inspectors and periodically inspect and	35357
investigate any establishment where bedding or stuffed toys are	35358
manufactured, made, remade, renovated, repaired, sanitized, sold,	35359
or offered for sale, or where previously used material is	35360
processed for use in the manufacture of bedding or stuffed toys.	35361

(1) Each inspector shall make a written report to the	35362
superintendent of each examination and inspection complete with	35363
the inspector's findings and recommendations. Inspectors may place	35364
"off sale" any article of bedding or stuffed toy offered for sale,	35365
or found in the possession of any person with the intent to sell,	35366
in violation of section 3713.02 of the Revised Code. Inspectors	35367
shall perform other duties related to inspection and examination	35368
as prescribed by the superintendent.	35369

(2) When articles are placed "off sale" under division (A)(1)	35370
of this section, they shall be tagged, and the tag shall not be	35371
removed except by an authorized representative of the division of	35372
~~labor~~industrial compliance after the violator demonstrates to the	35373
satisfaction of the superintendent proof of compliance with the	35374
requirements of section 3713.08 of the Revised Code.	35375

(B)(1) When an inspector has cause to believe that any	35376
bedding or stuffed toy is not tagged or labeled in accordance with	35377
section 3713.08 of the Revised Code, the inspector may open any	35378
seam of the bedding or stuffed toy in question to examine the	35379
material used or contained within it and take a reasonable amount	35380
of the material for testing and analysis and, if necessary,	35381
examine any and all purchase records in order to determine the	35382
contents or the kind of material used in the bedding or stuffed	35383
toy in question. An inspector may seize and hold evidence of any	35384
article of bedding, stuffed toy, or material manufactured, made,	35385
possessed, renovated, remade, or repaired, sold, or offered for	35386
sale contrary to this chapter.	35387

(2) Immediately after seizing articles believed to be in	35388
violation of this chapter, the inspector immediately shall report	35389
the seizure to the superintendent. The superintendent shall hold a	35390
hearing in accordance with Chapter 119. of the Revised Code or	35391
make a ruling in the matter. If the superintendent finds that the	35392
article of bedding, stuffed toy, or material is not in violation	35393
of this chapter, the superintendent shall order the item or items	35394
returned to the owner. If the superintendent finds a violation of	35395
this chapter, the superintendent may do either of the following:	35396

(a) Return the articles to the owner for proper treatment,	35397
tagging or labeling, or other action as ordered by the	35398
superintendent, subject to the requirement that the articles be	35399
reinspected at cost to the owner, prior to being sold or offered	35400
for sale;	35401

(b) Report the violation to the appropriate prosecuting	35402
attorney or city law director.	35403

(C) The superintendent, at reasonable times and upon	35404
reasonable notice, may examine or cause to be examined the records	35405
of any importer, manufacturer, or wholesaler of stuffed toys or	35406
articles of bedding, mobile home and recreational vehicle dealer,	35407
conversion van dealer, secondhand dealer, or auction house to	35408
determine compliance with this chapter. The superintendent may	35409
enter into contracts, pursuant to procedures prescribed by the	35410
superintendent, with persons to examine these records to determine	35411
compliance with this chapter. These persons may collect and remit	35412
to the superintendent any amounts due under this chapter.	35413

(D) Records audited pursuant to division (C) of this section	35414
are confidential and shall not be disclosed except as required by	35415
section 149.43 of the Revised Code, or as the superintendent finds	35416
necessary for the proper administration of this chapter.	35417

(E) In the case of any investigation or examination, or both,	35418
that requires investigation or examination outside of this state	35419
of any importer, manufacturer, or wholesaler of stuffed toys or	35420
articles of bedding, or of any mobile home or recreational vehicle	35421
dealer, conversion van dealer, secondhand dealer, or auction	35422
house, the superintendent may require the investigated or examined	35423
person to pay the actual expense of the investigation or	35424
examination. The superintendent shall provide an itemized	35425
statement of actual expenses to the investigated or examined	35426
person.	35427

(F) Whenever the superintendent has reason to believe, from	35428
the superintendent's own information, upon complaint, or	35429
otherwise, that any person has engaged in, is engaging in, or is	35430
about to engage in any practice prohibited by this chapter, or	35431
when the superintendent has reason to believe that it is necessary	35432
for public health and safety, the superintendent may do any of the	35433
following:	35434

(1) Investigate violations of this chapter, and for that	35435
purpose, may subpoena witnesses in connection with the	35436
investigation. The superintendent may make application to the	35437
appropriate court of common pleas for an order enjoining the	35438
violation of this chapter, and upon a showing by the	35439
superintendent that any registrant or person acting in a manner	35440
that requires registration has violated or is about to violate	35441
this chapter, an injunction, restraining order, or other order as	35442
may be appropriate shall be granted by the court.	35443

(2) Compel by subpoena the attendance of witnesses to testify	35444
in relation to any matter over which the superintendent has	35445
jurisdiction and that is the subject of inquiry and investigation	35446
by the superintendent, and require the production of any book,	35447
paper, or document pertaining to the matter. In case any person	35448
fails to file any statement or report, obey any subpoena, give	35449
testimony, or produce any books, records, or papers as required by	35450
a subpoena, the court of common pleas of any county in the state,	35451
upon application made to it by the superintendent, shall compel	35452
obedience by attachment proceedings for contempt.	35453

(3) Suspend or revoke the registration of any importer,	35454
manufacturer, or wholesaler of stuffed toys or articles of	35455
bedding, mobile home or recreational vehicle dealer, conversion	35456
van dealer, secondhand dealer, or auction house;	35457

(4) Submit evidence of the violation or violations to any	35458
city prosecutor, city director of law, or prosecuting attorney	35459
with authority to prosecute. If the city prosecutor, city director	35460
of law, or prosecuting attorney with authority to prosecute fails	35461
to prosecute, the superintendent shall submit the evidence to the	35462
attorney general who may proceed with the prosecution.	35463

Sec. 3713.10. All money collected under this chapter shall	35464
be deposited into the state treasury to the credit of the ~~labor~~	35465
industrial compliance operating fund created under section 121.084	35466
of the Revised Code.	35467

Sec. 3714.073. (A) In addition to the fee levied under	35468
division (A)(1) of section 3714.07 of the Revised Code, beginning	35469
July 1, 2005, there is hereby levied on the disposal of	35470
construction and demolition debris at a construction and	35471
demolition debris facility that is licensed under this chapter or	35472
at a solid waste facility that is licensed under Chapter 3734. of	35473
the Revised Code the following fees:	35474

(1) A fee of twelve and one-half cents per cubic yard or	35475
twenty-five cents per ton, as applicable, the proceeds of which	35476
shall be deposited in the state treasury to the credit of the soil	35477
and water conservation district assistance fund created in section	35478
1515.14 of the Revised Code;	35479

(2) A fee of thirty-seven and one-half cents per cubic yard	35480
or seventy-five cents per ton, as applicable, the proceeds of	35481
which shall be deposited in the state treasury to the credit of	35482
the recycling and litter prevention fund created in section	35483
~~1502.02~~3736.03 of the Revised Code.	35484

(B) The owner or operator of a construction and demolition	35485
debris facility or a solid waste facility, as a trustee of the	35486
state, shall collect the fees levied under this section and remit	35487
the money from the fees in the manner that is established in	35488
divisions (A)(2) and (3) of section 3714.07 of the Revised Code	35489
for the fee that is levied under division (A)(1) of that section	35490
and may enter into an agreement for the quarterly payment of the	35491
fees in the manner established in division (B) of that section for	35492
the quarterly payment of the fee that is levied under division	35493
(A)(1) of that section.	35494

(C) The money that is collected from a construction and	35495
demolition debris facility or a solid waste facility and remitted	35496
to a board of health or the director of environmental protection,	35497
as applicable, pursuant to this section shall be transmitted by	35498
the board or director to the treasurer of state not later than	35499
forty-five days after the receipt of the money to be credited to	35500
the soil and water conservation district assistance fund or the	35501
recycling and litter prevention fund, as applicable.	35502

(D) This section does not apply to the disposal of	35503
construction and demolition debris at a solid waste facility that	35504
is licensed under Chapter 3734. of the Revised Code if the owner	35505
or operator of the facility chooses to collect fees on the	35506
disposal of the construction and demolition debris that are	35507
identical to the fees that are collected under Chapters 343. and	35508
3734. of the Revised Code on the disposal of solid wastes at that	35509
facility.	35510

(E) This section does not apply to the disposal of source	35511
separated materials that are exclusively composed of reinforced or	35512
nonreinforced concrete, asphalt, clay tile, building or paving	35513
brick, or building or paving stone at a construction and	35514
demolition debris facility that is licensed under this chapter	35515
when either of the following applies:	35516

(1) The materials are placed within the limits of	35517
construction and demolition debris placement at the facility as	35518
specified in the license issued to the facility under section	35519
3714.06 of the Revised Code, are not placed within the unloading	35520
zone of the facility, and are used as a fire prevention measure in	35521
accordance with rules adopted by the director under section	35522
3714.02 of the Revised Code.	35523

(2) The materials are not placed within the unloading zone of	35524
the facility or within the limits of construction and demolition	35525
debris placement at the facility as specified in the license	35526
issued to the facility under section 3714.06 of the Revised Code,	35527
but are used as fill material, either alone or in conjunction with	35528
clean soil, sand, gravel, or other clean aggregates, in legitimate	35529
fill operations for construction purposes at the facility or to	35530
bring the facility up to a consistent grade.	35531

Sec. 3715.01. (A) As used in this chapter:

35532

(1) ~~"Public health council" means the public health council~~	35533
~~established by section 3701.33 of the Revised Code.~~	35534

~~(2)~~ "Person" means an individual, partnership, corporation,	35535
or association.	35536

~~(3)~~(2) "Food" means:

35537

(a) Articles used for food or drink for humans or animals;

35538

(b) Chewing gum;

35539

35540

~~(4)~~(3) "Drug" means:

35541

(a) Articles recognized in the United States pharmacopoeia	35542
and national formulary, or any supplement to them;	35543

(b) Articles intended for use in the diagnosis, cure,	35544
mitigation, treatment, or prevention of disease in humans or	35545
animals;	35546

(c) Articles, other than food, intended to affect the	35547
structure or any function of the body of humans or other animals;	35548

(d) Articles intended for use as a component of any of the	35549
foregoing articles, other than devices or their components, parts,	35550
or accessories.	35551

~~(5)~~(4) "Device," except when used in division (B)(1) of this	35552
section and in division (A)(10) of section 3715.52, division (F)	35553
of section 3715.60, division (A)(5) of section 3715.64, and	35554
division (C) of section 3715.67 of the Revised Code, means any	35555
instrument, apparatus, implement, machine, contrivance, implant,	35556
in vitro reagent, or other similar or related article, including	35557
any component, part, or accessory, that is any of the following:	35558

(a) Recognized in the United States pharmacopoeia and	35559
national formulary, or any supplement to them;	35560

(b) Intended for use in the diagnosis of disease or other	35561
conditions, or in the cure, mitigation, treatment, or prevention	35562
of disease in humans or animals;	35563

(c) Intended to affect the structure or any function of the	35564
body of humans or animals, and that does not achieve any of its	35565
principal intended purposes through chemical action within or on	35566
the body of humans or animals and is not dependent upon being	35567
metabolized for the achievement of any of its principal intended	35568
purposes.	35569

~~(6)~~(5) "Cosmetic" means:

35570

(a) Articles intended to be rubbed, poured, sprinkled, or	35571
sprayed on, introduced into, or otherwise applied to the human	35572
body or any part thereof for cleansing, beautifying, promoting	35573
attractiveness, or altering the appearance;	35574

(b) Articles intended for use as a component of any such	35575
article, except that "cosmetic" does not include soap.	35576

~~(7)~~(6) "Label" means a display of written, printed, or	35577
graphic matter upon the immediate container, exclusive of package	35578
liners, of any article.	35579

Any word, statement, or other information required by this	35580
chapter to appear on the label must appear on the outside	35581
container or wrapper, if any, of the retail package of the	35582
article, or the label must be easily legible through the outside	35583
container or wrapper.	35584

~~(8)~~(7) "Labeling" means all labels and other written,	35585
printed, or graphic matter:	35586

(a) Upon an article or any of its containers or wrappers;

35587

(b) Accompanying such article.

35588

~~(9)~~(8) "Advertisement" means all representations disseminated	35589
in any manner or by any means, other than by labeling, for the	35590
purpose of inducing, or that are likely to induce, directly or	35591
indirectly, the purchase of food, drugs, devices, or cosmetics.	35592

~~(10)~~(9) "New drug" means:

35593

(a) Any drug the composition of which is such that the drug	35594
is not generally recognized among experts qualified by scientific	35595
training and experience to evaluate the safety of drugs, as safe	35596
for use under the conditions prescribed, recommended, or suggested	35597
in the labeling thereof;	35598

(b) Any drug the composition of which is such that the drug,	35599
as a result of investigation to determine its safety for use under	35600
such conditions, has become so recognized, but that has not, other	35601
than in an investigation, been used to a material extent or for a	35602
material time under such conditions.	35603

~~(11)~~(10) "Contaminated with filth" applies to any food, drug,	35604
device, or cosmetic that has not been protected as far as may be	35605
necessary by all reasonable means from dust, dirt, and all foreign	35606
or injurious substances.	35607

~~(12)~~(11) "Honey" means the nectar and saccharine exudation of	35608
plants that has been gathered, modified, and stored in a honeycomb	35609
by honeybees.	35610

~~(13)~~(12) "Finished dosage form" means the form of a drug that	35611
is, or is intended to be, dispensed or administered to humans or	35612
animals and requires no further manufacturing or processing other	35613
than packaging, reconstituting, or labeling.	35614

~~(14)~~(13)(a) "Manufacture" means the planting, cultivating,	35615
harvesting, processing, making, preparing, or otherwise engaging	35616
in any part of the production of a drug by propagating,	35617
compounding, converting, or processing, either directly or	35618
indirectly by extracting from substances of natural origin, or	35619
independently by means of chemical synthesis, or by a combination	35620
of extraction and chemical synthesis, and includes the following:	35621

(i) Any packaging or repackaging of the drug or labeling or	35622
relabeling of its container, the promotion and marketing of the	35623
drug, and other activities incident to production;	35624

(ii) The preparation and promotion of commercially available	35625
products from bulk compounds for resale by pharmacies, licensed	35626
health professionals authorized to prescribe drugs, or other	35627
persons.	35628

(b) "Manufacture" does not include the preparation,	35629
compounding, packaging, or labeling of a drug by a pharmacist as	35630
an incident to either of the following:	35631

(i) Dispensing a drug in the usual course of professional	35632
practice;	35633

(ii) Providing a licensed health professional authorized to	35634
prescribe drugs with a drug for the purpose of administering to	35635
patients or for using the drug in treating patients in the	35636
professional's office.	35637

~~(15)~~(14) "Dangerous drug" has the same meaning as in section	35638
4729.01 of the Revised Code.	35639

~~(16)~~(15) "Generically equivalent drug" means a drug that	35640
contains identical amounts of the identical active ingredients,	35641
but not necessarily containing the same inactive ingredients, that	35642
meets the identical compendial or other applicable standard of	35643
identity, strength, quality, and purity, including potency, and	35644
where applicable, content uniformity, disintegration times, or	35645
dissolution rates, as the prescribed brand name drug and the	35646
manufacturer or distributor holds, if applicable, either an	35647
approved new drug application or an approved abbreviated new drug	35648
application unless other approval by law or from the federal food	35649
and drug administration is required.	35650

No drug shall be considered a generically equivalent drug for	35651
the purposes of this chapter if it has been listed by the federal	35652
food and drug administration as having proven bioequivalence	35653
problems.	35654

~~(17)~~(16) "Licensed health professional authorized to	35655
prescribe drugs" and "prescriber" have the same meanings as in	35656
section 4729.01 of the Revised Code.	35657

~~(18)~~(17) "Home" means the primary residence occupied by the	35658
residence's owner, on the condition that the residence contains	35659
only one stove or oven used for cooking, which may be a double	35660
oven, designed for common residence usage and not for commercial	35661
usage, and that the stove or oven be operated in an ordinary	35662
kitchen within the residence.	35663

~~(19)~~(18) "Potentially hazardous food" means a food that is	35664
natural or synthetic, to which any of the following apply:	35665

(a) It has a pH level greater than 4.6 when measured at	35666
seventy-five degrees fahrenheit or twenty-four degrees celsius.	35667

(b) It has a water activity value greater than 0.85.

35668

(c) It requires temperature control because it is in a form	35669
capable of supporting the rapid and progressive growth of	35670
infectious or toxigenic microorganisms, the growth and toxin	35671
production of clostridium botulinium, or in the case of raw shell	35672
eggs, the growth of salmonella enteritidis.	35673

~~(20)~~(19) "Cottage food production operation" means a person	35674
who, in the person's home, produces food items that are not	35675
potentially hazardous foods, including bakery products, jams,	35676
jellies, candy, fruit butter, and similar products specified in	35677
rules adopted pursuant to section 3715.025 of the Revised Code.	35678

(B) For the purposes of sections 3715.52 to 3715.72 of the	35679
Revised Code:	35680

(1) If an article is alleged to be misbranded because the	35681
labeling is misleading, or if an advertisement is alleged to be	35682
false because it is misleading, then in determining whether the	35683
labeling or advertisement is misleading, there shall be taken into	35684
account, among other things, not only representations made or	35685
suggested by statement, word, design, device, sound, or in any	35686
combination thereof, but also the extent to which the labeling or	35687
advertisement fails to reveal facts material in the light of such	35688
representations or material with respect to consequence which may	35689
result from the use of the article to which the labeling or	35690
advertisement relates under the conditions of use prescribed in	35691
the labeling or advertisement thereof or under such conditions of	35692
use as are customary or usual.	35693

(2) The provisions regarding the selling of food, drugs,	35694
devices, or cosmetics include the manufacture, production,	35695
processing, packing, exposure, offer, possession, and holding of	35696
any such article for sale; and the sale, dispensing, and giving of	35697
any such article, and the supplying or applying of any such	35698
articles in the conduct of any food, drug, or cosmetic	35699
establishment. The provisions do not prohibit a licensed health	35700
professional authorized to prescribe drugs from administering or	35701
personally furnishing a drug or device to a patient.	35702

(3) The representation of a drug, in its labeling or	35703
advertisement, as an antiseptic is a representation that it is a	35704
germicide, except in the case of a drug purporting to be, or	35705
represented as, an antiseptic for inhibitory use as a wet	35706
dressing, ointment, dusting powder, or other use that involves	35707
prolonged contact with the body.	35708

(4) Whenever jurisdiction is vested in the director of	35709
agriculture or the state board of pharmacy, the jurisdiction of	35710
the board shall be limited to the sale, offering for sale, giving	35711
away, delivery, or dispensing in any manner of drugs at the	35712
wholesale and retail levels or to the consumer and shall be	35713
exclusive in the case of such sale, offering for sale, giving	35714
away, delivery, or dispensing in any manner of drugs at the	35715
wholesale and retail levels or to the consumer in any place where	35716
prescriptions are dispensed or compounded.	35717

(5) To assist in effectuating the provisions of those	35718
sections, the director of agriculture or state board of pharmacy	35719
may request assistance or data from any government or private	35720
agency or individual.	35721

Sec. 3715.025. (A) A cottage food production operation shall	35722
not process acidified foods, low acid canned foods, or potentially	35723
hazardous foods.	35724

(B) The director of agriculture shall adopt rules in	35725
accordance with Chapter 119. of the Revised Code specifying the	35726
food items a cottage food production operation may produce that	35727
are in addition to the food items identified by name in division	35728
(A)~~(20)~~(19) of section 3715.01 of the Revised Code. The director	35729
shall not adopt rules that permit a cottage food production	35730
operation to produce any food that is a potentially hazardous	35731
food.	35732

Sec. 3715.60. Food is misbranded within the meaning of	35733
sections 3715.01, 3715.02, 3715.022, and 3715.52 to 3715.72 of the	35734
Revised Code, if:	35735

(A) Its labeling is false or misleading in any particular.

35736

(B) It is offered for sale under the name of another food.

35737

(C) Its container is so made, formed, or filled as to be	35738
misleading.	35739

(D) It is an imitation of another food, unless its label	35740
bears in type of uniform size and prominence, the word	35741
"imitation," and immediately thereafter the name of the food	35742
imitated.	35743

(E) When it is in package form, it does not bear a label	35744
containing:	35745

(1) The name and place of business of the manufacturer,	35746
packer, or distributor;	35747

(2) An accurate statement of the quantity of the contents in	35748
terms of weight, measure, or numerical count; provided, that	35749
reasonable variations shall be permitted, and exemptions as to	35750
small packages shall be established by rules adopted by the	35751
director of agriculture;	35752

(3) In the case of food subject to section 3715.023 of the	35753
Revised Code, the information specified in that section.	35754

(F) Any word, statement, or other information required by or	35755
under authority of sections 3715.01, 3715.02, and 3715.52 to	35756
3715.72 of the Revised Code, to appear on the label or labeling is	35757
not prominently placed thereon with such conspicuousness as	35758
compared with other words, statements, designs, or devices, in the	35759
labeling, and in such terms as to render it likely to be read and	35760
understood by the ordinary individual under customary conditions	35761
of purchase and use.	35762

(G) It purports to be, or is represented as, a food for which	35763
a definition and standard of identity have been prescribed by	35764
statute, or by any rule adopted under an existing statute, or by	35765
rule as provided by section 3715.02 of the Revised Code, unless:	35766

(1) It conforms to such definition and standard.

35767

(2) Its label bears the name of the food specified in the	35768
definition and standard, and, insofar as may be required by such	35769
statute or rules, the common names of optional ingredients, other	35770
than spices, flavoring, and coloring, present in such food.	35771

(H) It purports to be or is represented as:

35772

(1) A food for which a standard of quality has been	35773
prescribed by rule as provided by section 3715.02 of the Revised	35774
Code and its quality falls below the standard unless its label	35775
bears, in the manner and form that the rules specify, a statement	35776
that it falls below the standard;	35777

(2) A food for which a standard or standards of fill of	35778
container have been prescribed by rule as provided by section	35779
3715.02 of the Revised Code, and it falls below the standard of	35780
fill of container applicable thereto, unless its label bears, in	35781
the manner and form that the rules specify, a statement that it	35782
falls below the standard.	35783

(I) It is not subject to the provisions of division (G) of	35784
this section, unless it bears labeling clearly giving:	35785

(1) The common or usual name of the food, if any;

35786

(2) In case it is fabricated from two or more ingredients,	35787
the common or usual name of each ingredient; except that spices,	35788
flavorings, and colorings, other than those sold as such, may be	35789
designated as spices, flavorings, and colorings, without naming	35790
each; provided, that, to the extent that compliance with the	35791
requirements of division (I)(2) of this section is impractical or	35792
results in deception or unfair competition, exemptions shall be	35793
established by rules adopted by the director; and provided that	35794
these requirements shall not apply to any carbonated beverage of	35795
which a full and correct statement of the ingredients, to the	35796
extent prescribed by division (I)(2) of this section, has been	35797
filed under oath with the director.	35798

(J) It purports to be or is represented to be for special	35799
dietary uses, unless its label bears such information concerning	35800
its vitamin, mineral, and other dietary properties as is provided	35801
by rules ~~proposed~~adopted by the director ~~and adopted by the~~	35802
~~public health council~~, as necessary, in order to fully inform	35803
purchasers as to its value for such uses.	35804

(K) It bears or contains any artificial flavoring, artificial	35805
coloring, or chemical preservative, unless it bears labeling	35806
stating that fact; provided, that to the extent that compliance	35807
with the requirements of this division is impracticable,	35808
exemptions shall be established by rules ~~proposed~~adopted by the	35809
director ~~and adopted by the public health council~~.	35810

Sec. 3715.61. (A) Whenever the director of agriculture finds	35811
after investigation that the distribution in this state of any	35812
class of food may, by reason of contamination with microorganisms	35813
during manufacture, processing, or packing thereof in any	35814
locality, be injurious to health, and that such injurious nature	35815
cannot be adequately determined after such articles have entered	35816
commerce, and in such case only, hethe director shall ~~propose~~	35817
~~regulations for adoption by the public health council~~adopt rules	35818
providing for the issuance, to manufacturers, processor, or	35819
packers of such class of food in such locality, of permits to	35820
which shall be attached such conditions governing the manufacture,	35821
processing, or packing of such class food, for such temporary	35822
period of time, as may be necessary to protect the public health;	35823
and after the effective date of such regulations, and during such	35824
temporary period, no person shall introduce or deliver for	35825
introduction into commerce any such food manufactured, processed,	35826
or packed by any such manufacturer, processor, or packer unless	35827
such manufacturer, processor, or packer holds a permit issued by	35828
the director as provided by such ~~regulations~~rules.	35829

(B) The director is authorized to suspend immediately upon	35830
notice any permit issued under authority of this section if it is	35831
found that any of the conditions of the permit have been violated.	35832
The holder of a permit so suspended shall be privileged at any	35833
time to apply for the reinstatement of such permit, and the	35834
director shall, immediately after prompt hearing and on inspection	35835
of the establishment, reinstate such permit if it is found that	35836
adequate measures have been taken to comply with and maintain the	35837
conditions of the permit, as originally issued, or as amended.	35838

(C) The director shall have access to any factory or	35839
establishment, the operator of which holds a permit from the	35840
director for the purpose of ascertaining whether or not the	35841
conditions of the permit are being complied with, and denial of	35842
access for such inspection shall be ground for suspension of the	35843
permit until such access is freely given by the operator.	35844

Sec. 3715.62. Any poisonous or deleterious substance added	35845
to any food, except where such substance is required in the	35846
production thereof or cannot be avoided by good manufacturing	35847
practice, shall be unsafe for purposes of the application of	35848
division (B) of section 3715.59 of the Revised Code, but when such	35849
substance is so required or cannot be so avoided, the director of	35850
agriculture shall ~~propose regulations for adoption by the public~~	35851
~~health council~~adopt rules limiting the quantity therein or	35852
thereon to such extent as the director finds necessary for the	35853
protection of public health, and any quantity exceeding the limits	35854
so fixed shall also be deemed to be unsafe for purposes of the	35855
application of division (B) of section 3715.59 of the Revised	35856
Code. While such a regulation is in effect limiting the quantity	35857
of any such substance in the case of any food, such food shall	35858
not, by reason of bearing or containing any added amount of such	35859
substance, be considered to be adulterated within the meaning of	35860
division (A) of section 3715.59 of the Revised Code. In	35861
determining the quantity of such added substance to be tolerated	35862
in or on different articles of food, the director shall take into	35863
account the extent to which the use of such substance is required	35864
or cannot be avoided in the production of each such article and	35865
the other ways in which the consumer may be affected by the same	35866
or other poisonous or deleterious substances.	35867

Sec. 3715.68. (A) An advertisement of food, drug, device, or	35868
cosmetic is false if it is false or misleading in any particular.	35869

(B) For the purpose of sections 3715.01 and 3715.52 to	35870
3715.72 of the Revised Code, the advertisement of a drug or device	35871
representing it to have any effect in albuminuria, appendicitis,	35872
arteriosclerosis, blood poison, bone disease, Bright's disease,	35873
cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy,	35874
erysipelas, gallstones, heart and vascular diseases, high blood	35875
pressure, mastoiditis, measles, meningitis, mumps, nephritis,	35876
otitis media, paralysis, pneumonia, poliomyelitis (infantile	35877
paralysis), prostate gland disorders, pyelitis, scarlet fever,	35878
sexual impotence, sinus infection, tuberculosis, tumors, typhoid,	35879
uremia, venereal disease, is also false, except that no	35880
advertisement not in violation of division (A) of this section is	35881
false under this division if it is disseminated only to members of	35882
the medical, dental, pharmaceutical, or veterinary profession, or	35883
appears only in the scientific periodicals of these professions;	35884
provided, that whenever the director of agriculture determines	35885
that an advance in medical science has made any type of	35886
self-medication safe as to any of the diseases named above, the	35887
director shall ~~propose regulations for adoption by the public~~	35888
~~health council~~adopt rules authorizing the advertisement of drugs	35889
having curative or therapeutic effect for such disease, subject to	35890
such conditions and restrictions as the director may deem	35891
necessary in the interests of public health; provided, that this	35892
division shall not be construed as indicating that self-medication	35893
for diseases other than those named in this section is safe or	35894
efficacious.	35895

Sec. 3715.87. (A) As used in this section and in sections	35896
3715.871, 3715.872, and 3715.873 of the Revised Code:	35897

(1) "Controlled substance" has the same meaning as in section	35898
3719.01 of the Revised Code.	35899

(2) "Health care facility" has the same meaning as in section	35900
1337.11 of the Revised Code.	35901

(3) "Hospital" has the same meaning as in section 3727.01 of	35902
the Revised Code.	35903

(4) "Nonprofit clinic" means a charitable nonprofit	35904
corporation organized and operated pursuant to Chapter 1702. of	35905
the Revised Code, or any charitable organization not organized and	35906
not operated for profit, that provides health care services to	35907
indigent and uninsured persons as defined in section 2305.234 of	35908
the Revised Code. "Nonprofit clinic" does not include a hospital	35909
as defined in section 3727.01 of the Revised Code, a facility	35910
licensed under Chapter 3721. of the Revised Code, or a facility	35911
that is operated for profit.	35912

(5) "Prescription drug" means any drug to which the following	35913
applies:	35914

(a) Under the "Food, Drug, and Cosmetic Act," 52 Stat. 1040	35915
(1938), 21 U.S.C.A. 301, as amended, the drug is required to bear	35916
a label containing the legend, "Caution: Federal law prohibits	35917
dispensing without prescription" or "Caution: Federal law	35918
restricts this drug to use by or on the order of a licensed	35919
veterinarian" or any similar restrictive statement, or the drug	35920
may be dispensed only upon a prescription.	35921

(b) Under Chapter 3715. or 3719. of the Revised Code, the	35922
drug may be dispensed only upon a prescription.	35923

(B) The state board of pharmacy shall establish a drug	35924
repository program to accept and dispense prescription drugs	35925
donated or given for the purpose of being dispensed to individuals	35926
who are residents of this state and meet eligibility standards	35927
established in rules adopted by the board under section 3715.873	35928
of the Revised Code. Except as provided in division (C) of this	35929
section, all of the following conditions shall apply to the	35930
program:	35931

(1) Only drugs in their original sealed and tamper-evident	35932
unit dose packaging may be accepted and dispensed;	35933

(2) The packaging must be unopened, except that drugs	35934
packaged in single unit doses may be accepted and dispensed when	35935
the outside packaging is opened if the single unit dose packaging	35936
is undisturbed;	35937

(3) ~~Drugs donated by individuals bearing an expiration date~~	35938
~~that is less than six months from the date the drug is donated~~	35939
~~shall not be accepted or dispensed;~~	35940

~~(4)~~ A drug shall not be accepted or dispensed if there is	35941
reason to believe that it is adulterated as described in section	35942
3715.63 of the Revised Code.	35943

(C) Orally administered cancer drugs that are not controlled	35944
substances and that do not require refrigeration, freezing, or	35945
storage at a special temperature may be accepted and dispensed	35946
even if not in original sealed and tamper-evident unit dose	35947
packaging, subject to rules adopted by the board pursuant to	35948
section 3715.873 of the Revised Code.	35949

(D) Subject to the limitations specified in divisions (B) and	35950
(C) of this section, unused drugs dispensed for purposes of the	35951
medicaid program may be accepted and dispensed under the drug	35952
repository program.	35953

Sec. 3716.01. As used in sections 3716.01 to 3716.07,	35954
inclusive, of the Revised Code:	35955

(A) "Department" means the department of health.

35956

(B) "Director" means the director of health.

35957

(C) "Person" includes an individual, partnership,	35958
corporation, or association.	35959

(D) "Hazardous substance" means any substance or mixture of	35960
substances which is toxic, corrosive, an irritant, strong	35961
sensitizer, flammable, or which generates pressure through	35962
decomposition, heat, or other means, if such substance or mixture	35963
of substances may cause substantial personal injury or illness	35964
during any customary or reasonably anticipated handling or use.	35965

(E) "Toxic" applies to any substance which has the inherent	35966
capacity to produce bodily injury to man through ingestion,	35967
inhalation, or absorption through any body surface.	35968

(F)(1) "Highly toxic" means any substance which falls within	35969
any of the following categories:	35970

(a) Produces death within fourteen days in half or more than	35971
half of a group of ten or more laboratory white rats each weighing	35972
between two hundred and three hundred grams, at a single dose of	35973
fifty milligrams or less per kilogram of body weight, when orally	35974
administered;	35975

(b) Produces death within fourteen days in half or more than	35976
half of a group of ten or more laboratory white rats each weighing	35977
between two hundred and three hundred grams, when inhaled	35978
continuously for a period of one hour or less at an atmospheric	35979
concentration of two hundred parts per million by volume or less	35980
of gas, vapor, mist, or dust provided such concentration is likely	35981
to be encountered by ~~man~~a human being when the substance is used	35982
in any reasonably foreseeable manner;	35983

(c) Produces death within fourteen days in half or more than	35984
half of a group of ten or more rabbits tested in a dosage of two	35985
hundred milligrams or less per kilogram of body weight, when	35986
administered by continuous contact with the bare skin for	35987
twenty-four hours or less.	35988

(2) If the director finds that available data on human	35989
experience with any substance indicates results different from	35990
those obtained on animals in the above named dosages or	35991
concentrations, the human data shall take precedence.	35992

(G) "Corrosive" means any substance which in contact with	35993
living tissue will cause destruction of tissue by chemical action;	35994
but shall not refer to action on inanimate surfaces.	35995

(H) "Irritant" means any substance not corrosive within the	35996
meaning of division (G) of this section which on immediate,	35997
prolonged, or repeated contact with normal living tissue will	35998
induce a local inflammatory reaction.	35999

(I) "Strong sensitizer" means any substance which will cause	36000
on normal living tissue, through an allergic or photodynamic	36001
process, a hypersensitivity which becomes evident on reapplication	36002
of the same substance and which is designated as such by the	36003
director. Before designating any substance as a strong sensitizer,	36004
the director shall, after public hearing following due notice,	36005
find that the frequency of occurrence and severity of the reaction	36006
indicate a significant potential for causing hypersensitivity.	36007

(J) "Extremely flammable" applies to any substance which has	36008
a flash point at or below twenty degrees Fahrenheit as determined	36009
by the tagliabue open cut tester.	36010

(K) "Flammable" applies to any substance which has a flash	36011
point of above twenty degrees to and including eighty degrees	36012
Fahrenheit, as determined by the tagliabue open cut tester; except	36013
that the flammability of the contents of self-pressurized	36014
containers shall be determined by methods generally applicable to	36015
such containers and established by regulation of the ~~public health~~	36016
~~council~~director.	36017

(L) "Label" means a display of written, printed, or graphic	36018
matter upon or attached to the immediate package or container of	36019
any substance. Any word, statement, or other information required	36020
by sections 3716.01 to 3716.07, inclusive, of the Revised Code, to	36021
appear on the label must also appear (1) on the outside container	36022
or wrapper, if any, unless it is easily legible through the	36023
outside container or wrapper, and (2) on all accompanying	36024
literature where there are directions for use, written or	36025
otherwise.	36026

(M) "Immediate container" does not include package liners.

36027

(N) "Misbranded package" means any container of a hazardous	36028
substance intended or suitable for household use which fails to	36029
bear a label:	36030

(1) Which states conspicuously:

36031

(a) The name and place of business of the manufacturer,	36032
packer, or distributor;	36033

(b) The common or usual name, or the chemical name or the	36034
recognized generic name (not trade name only) of the hazardous	36035
substance or of each component which contributes substantially to	36036
its hazard;	36037

(c) The signal word "DANGER" on substances which are	36038
extremely flammable, corrosive, or which:	36039

(i) Produce death within fourteen days in half or more than	36040
half of a group of ten or more laboratory white rats each weighing	36041
between two hundred and three hundred grams, at a single dose of	36042
one gram or less per kilogram of body weight, when orally	36043
administered;	36044

(ii) Produce death within fourteen days in half or more than	36045
half of a group of ten or more laboratory white rats each weighing	36046
between two hundred and three hundred grams, when inhaled	36047
continuously for a period of one hour or less at an atmospheric	36048
concentration of two thousand parts per million by volume of gas,	36049
vapor, mist, or dust, provided such concentration is likely to be	36050
encountered by ~~man~~a human being when the substances are used in	36051
any reasonably foreseeable manner;	36052

(iii) Produce death within fourteen days in half or more than	36053
half of a group of ten or more rabbits tested in a dosage of one	36054
gram or less per kilogram of body weight, when administered by	36055
continuous contact with the bare skin for twenty-four hours or	36056
less;	36057

(iv) If the director finds that available data on human	36058
experience with any substance indicates results different from	36059
those obtained on animals in the above named dosages or	36060
concentrations, hethe director may require the use of the signal	36061
word "DANGER" on such substance or permit use of the signal word	36062
"WARNING" or "CAUTION" on such substance.	36063

(d) The signal word "WARNING" or "CAUTION" on all other	36064
hazardous substances;	36065

(e) An affirmative statement of the principal hazard or	36066
hazards, such as "Flammable," "Vapor Harmful," "Causes Burns,"	36067
"Absorbed Through Skin," or similar wording descriptive of the	36068
hazard;	36069

(f) Precautionary measures describing the action to be	36070
followed or avoided;	36071

(g) Instructions, when necessary, for the first-aid treatment	36072
in case of contact or exposure, if the substance is hazardous	36073
through contact or exposure;	36074

(h) The word "poison" for any hazardous substance which is	36075
defined as "highly toxic" by division (F) of this section;	36076

(i) Instructions for handling and storage of packages which	36077
require special care in handling or storage;	36078

(j) The statement "Keep out of the reach of children," or its	36079
practical equivalent.	36080

(2) On which any statements required under division (N) (1)	36081
of this section are located prominently and are in the English	36082
language in legible type in contrast by typography, layout, or	36083
color with other printed matter on the label.	36084

The ~~public health council~~director shall, by regulations,	36085
provide for minimum information which shall appear on the labels	36086
for small packages, which labels need not include all of the	36087
information required by this section. The director may permit less	36088
than the foregoing statement of the hazard or precautionary	36089
measures for labels of hazardous substances presenting only minor	36090
hazards; and the term "misbranded package" does not apply to	36091
packages of economic poisons subject to the "Federal Insecticide,	36092
Fungicide, and Rodenticide Act," 61 Stat. 163 (1947), 7 U.S.C.A.	36093
135, nor to packages of foods, drugs, and cosmetics subject to the	36094
"Federal Food, Drug, and Cosmetic Act," nor to sections 3715.01 to	36095
3715.72, inclusive, of the Revised Code.	36096

Sec. 3716.03. The director of health shall:

36097

(A) ~~Propose and submit regulations for adoption by the public~~	36098
~~health council, subject to sections 119.01 to 119.13, inclusive,~~	36099
Adopt rules in accordance with Chapter 119. of the Revised Code,	36100
for the efficient enforcement of section 3716.02 of the Revised	36101
Code;	36102

(B) Conduct examinations, inspections, and investigations for	36103
the purpose of establishing such regulations, through such	36104
officers of the department of health or the boards of health, as	36105
hethe director delegates;	36106

(C) Designate officers and employees to enter at reasonable	36107
times any factory, warehouse, or establishment in which hazardous	36108
substances are held, or to enter any vehicle being used to	36109
transport or hold such hazardous substance:	36110

(1) For the purpose of determining the nature of such	36111
substances;	36112

(2) To inspect or copy all records showing the movement of	36113
any such hazardous substance, or the holding thereof during or	36114
after such movement, and the quantity, shipper, and consignee	36115
thereof; provided, evidence obtained under this subdivision shall	36116
not be used in a criminal prosecution of the person from whom	36117
obtained;	36118

(D) Inspect and sample, upon tender of reasonable price for	36119
such sample, at reasonable times and within reasonable limits and	36120
in a reasonable manner, finished hazardous substances in retail	36121
packages and labeling thereon in such factory, warehouse,	36122
establishment, or vehicle.	36123

Sec. 3717.01. As used in this chapter:

36124

(A) "Ohio uniform food safety code" means the food safety and	36125
related standards adopted under section 3717.05 of the Revised	36126
Code.	36127

(B) "Food" means any raw, cooked, or processed edible	36128
substance used or intended for use in whole or in part for human	36129
consumption. "Food" includes ice, water or any other beverage,	36130
food ingredients, and chewing gum.	36131

(C) "Retail food establishment" means a premises or part of a	36132
premises where food is stored, processed, prepared, manufactured,	36133
or otherwise held or handled for retail sale. Except when	36134
expressly provided otherwise, "retail food establishment" includes	36135
a mobile retail food establishment, seasonal retail food	36136
establishment, and temporary retail food establishment.	36137

As used in this division:

36138

(1) "Retail" means the sale of food to a person who is the	36139
ultimate consumer.	36140

(2) "Prepared" means any action that affects a food,	36141
including receiving and maintaining it at the temperature at which	36142
it was received.	36143

(D) "Seasonal retail food establishment" means a retail food	36144
establishment, other than a mobile retail food establishment, that	36145
is operated for not more than six months in a licensing period.	36146

(E) "Temporary retail food establishment" means a retail food	36147
establishment that is operated at an event for not more than five	36148
consecutive days, except when operated for more than five	36149
consecutive days pursuant to division (E)(2) of section 3717.23 of	36150
the Revised Code.	36151

(F) "Food service operation" means a place, location, site,	36152
or separate area where food intended to be served in individual	36153
portions is prepared or served for a charge or required donation.	36154
As used in this division, "served" means a response made to an	36155
order for one or more individual portions of food in a form that	36156
is edible without washing, cooking, or additional preparation and	36157
"prepared" means any action that affects a food other than	36158
receiving or maintaining it at the temperature at which it was	36159
received.	36160

Except when expressly provided otherwise, "food service	36161
operation" includes a catering food service operation, food	36162
delivery sales operation, mobile food service operation, seasonal	36163
food service operation, temporary food service operation, and	36164
vending machine location.	36165

(G) "Catering food service operation" means a food service	36166
operation where food is prepared for serving at a function or	36167
event held at an off-premises site, for a charge determined on a	36168
per-function or per-event basis.	36169

(H) "Food delivery sales operation" means a food service	36170
operation from which individual portions of food are ordered by a	36171
customer, prepared at another food service operation or a retail	36172
food establishment, and delivered to the customer by a person	36173
other than an employee of the food service operation or retail	36174
food establishment that prepared the food.	36175

(I) "Mobile food service operation" means a food service	36176
operation that is operated from a movable vehicle, portable	36177
structure, or watercraft and that routinely changes location,	36178
except that if the operation remains at any one location for more	36179
than forty consecutive days, the operation is no longer a mobile	36180
food service operation. "Mobile food service operation" includes a	36181
food service operation that does not remain at any one location	36182
for more than forty consecutive days and serves, in a manner	36183
consistent with division (F) of this section, only frozen	36184
desserts; beverages, nuts, popcorn, candy, or similar confections;	36185
bakery products identified in section 911.01 of the Revised Code;	36186
or any combination of those items.	36187

(J) "Seasonal food service operation" means a food service	36188
operation, other than a mobile food service operation, that is	36189
operated for not more than six months in a licensing period.	36190

(K) "Temporary food service operation" means a food service	36191
operation that is operated at an event for not more than five	36192
consecutive days, except when operated for more than five	36193
consecutive days pursuant to division (E)(2) of section 3717.43 of	36194
the Revised Code.	36195

(L) "Vending machine location" means an area or room where	36196
one or more vending machines are installed and operated, except	36197
that if the machines within an area are separated by more than one	36198
hundred fifty feet, each area separated by that distance	36199
constitutes a separate vending machine location. As used in this	36200
division, "vending machine" means a self-service device that	36201
automatically dispenses on the insertion of currency, tokens, or	36202
similar means a predetermined unit serving of food, either in bulk	36203
or in package, without having to be replenished after each use.	36204

(M) "Board of health" means a board of health of a city or	36205
general health district or the authority having the duties of a	36206
board of health under section 3709.05 of the Revised Code.	36207

(N) "Government entity" means this state, a political	36208
subdivision of this state, another state, or a political	36209
subdivision or other local government body of another state.	36210

(O) "Licensor" means one of the following:

36211

(1) A board of health approved under section 3717.11 of the	36212
Revised Code;	36213

(2) The director of agriculture acting pursuant to section	36214
3717.11 of the Revised Code with respect to the licensing of	36215
retail food establishments;	36216

(3) The director of health acting pursuant to section 3717.11	36217
of the Revised Code with respect to the licensing of food service	36218
operations.	36219

(P) "Licensing period" means the first day of March to the	36220
last day of February of the next succeeding year.	36221

(Q) "Mobile retail food establishment" means a retail food	36222
establishment that is operated from a movable vehicle or other	36223
portable structure, and that routinely changes location, except	36224
that if the establishment operates from any one location for more	36225
than forty consecutive days, the establishment is no longer a	36226
mobile retail food establishment.	36227

(R) "Unprocessed," when used with respect to fruits and	36228
vegetables, means that the fruits and vegetables are not processed	36229
beyond merely rough trimming and rinsing.	36230

(S) "Cottage food production operation" has the same meaning	36231
as in division (A)~~(20)~~(19) of section 3715.01 of the Revised Code.	36232

Sec. 3717.04. The director of agriculture~~, the public health~~	36233
~~council,~~ and the director of health have the exclusive power in	36234
this state to adopt rules regarding retail food establishments and	36235
food service operations. The rules adopted under this chapter	36236
shall be applied uniformly throughout this state.	36237

All rules adopted under this chapter shall be adopted in	36238
accordance with Chapter 119. of the Revised Code. Subject to the	36239
approval of the joint committee on agency rule review, portions of	36240
the rules may be adopted by referencing all or any part of any	36241
federal regulations pertaining to food safety.	36242

Sec. 3717.05. (A) The director of agriculture and the ~~public~~	36243
director of health ~~council~~ shall adopt rules establishing	36244
standards for safe food handling and sanitation in retail food	36245
establishments and food service operations. The rules shall be	36246
compiled as the Ohio uniform food safety code, which shall be used	36247
by the licensors of retail food establishments and food service	36248
operations in ensuring the safe handling of food in this state.	36249
All scientific provisions of the Ohio uniform food safety code	36250
that are relevant to both retail food establishments and food	36251
service operations shall be adopted by the director of agriculture	36252
and the ~~public~~director of health ~~council~~ with each other's	36253
concurrence.	36254

The Ohio uniform food safety code shall include the	36255
following:	36256

(1) Criteria for sanitation in retail food establishments and	36257
food service operations;	36258

(2) Criteria for equipment in retail food establishments and	36259
food service operations;	36260

(3) Criteria for reviewing the facility layout and equipment	36261
specifications of retail food establishments and food service	36262
operations;	36263

(4) A definition of "potentially hazardous" as it pertains to	36264
food in retail food establishments and to food in food service	36265
operations;	36266

(5) Criteria to be used in evaluating the primary business of	36267
a person or government entity for purposes of determining whether	36268
the person or entity should be licensed as a retail food	36269
establishment or food service operation.	36270

(B)(1) Except as provided in division (B)(2) of this section,	36271
if a model food code is established by the United States food and	36272
drug administration, the Ohio uniform food safety code shall be	36273
based on the most current version of the food and drug	36274
administration's model food code. If the food and drug	36275
administration adopts, modifies, or rescinds a provision in the	36276
model food code, not later than twelve months after the	36277
administration's action, the director of agriculture and ~~public~~	36278
director of health ~~council~~ shall adopt, amend, or rescind	36279
provisions in the Ohio uniform food safety code to ensure that it	36280
continues to conform with the model food code.	36281

(2) The Ohio uniform food safety code may contain or omit	36282
provisions that do not correspond to the food and drug	36283
administration's model food code if the director of agriculture or	36284
the ~~public~~director of health ~~council~~, with each other's	36285
concurrence, determines either of the following:	36286

(a) That rules can be adopted under this chapter that provide	36287
protection at least as effective as that which would be provided	36288
by basing the rules on the model food code;	36289

(b) That local conditions warrant the adoption of standards	36290
that are different from the model food code.	36291

Sec. 3717.07. (A) For purposes of establishing a licensing	36292
fee under sections 3717.25 and 3717.45 of the Revised Code, the	36293
director of agriculture and the ~~public~~director of health ~~council~~	36294
shall adopt rules establishing uniform methodologies for use in	36295
calculating the costs of licensing retail food establishments in	36296
the categories specified by the director of agriculture and the	36297
costs of licensing food service operations in the categories	36298
specified by the ~~council~~director of health. In adopting the	36299
rules, the director of agriculture and the ~~public~~director of	36300
health ~~council~~ shall consider any recommendations received from	36301
advisory boards or other entities representing the interests of	36302
retail food establishments and food service operations.	36303

(B) The rules shall include provisions that do all of the	36304
following:	36305

(1) Provide for calculations to be made according to fiscal	36306
years rather than licensing periods;	36307

(2) Limit the direct costs that may be attributed to the use	36308
of sanitarians by establishing appropriate statewide averages that	36309
may not be exceeded;	36310

(3) Limit the indirect costs that may be included in the	36311
calculation of fees to an amount that does not exceed thirty per	36312
cent of the cost of the licensing program;	36313

(4) Provide for a proportionate reduction in the fees to be	36314
charged if a licensor included anticipated costs in the	36315
immediately preceding calculation of licensing fees and the total	36316
amount of the anticipated costs was not incurred;	36317

(5) Provide for a proportionate reduction in the fees to be	36318
charged if it is discovered through an audit by the auditor of	36319
state or through any other means that the licensor has charged or	36320
is charging a licensing fee that exceeds the amount that should	36321
have been charged;	36322

(6) Provide for a twenty per cent reduction in the fees to be	36323
charged when the reduction is imposed as a penalty under division	36324
(C) of section 3717.071 of the Revised Code;	36325

(7) With regard to any fees charged for licensing vending	36326
machine locations, the rules shall prohibit a licensor from	36327
increasing fees by a percentage of increase over the previous	36328
year's fee that exceeds the percentage of increase in the consumer	36329
price index for all urban consumers (United States city average,	36330
all items), prepared by the United States department of labor,	36331
bureau of labor statistics, for the immediately preceding calendar	36332
year.	36333

Sec. 3717.45. (A) A licensor may charge fees for issuing and	36334
renewing food service operation licenses. Any licensing fee	36335
charged shall be used solely for the administration and	36336
enforcement of the provisions of this chapter and the rules	36337
adopted under it applicable to food service operations.	36338

Any licensing fee charged under this section shall be based	36339
on the licensor's costs of regulating food service operations, as	36340
determined according to the uniform methodologies established	36341
under section 3717.07 of the Revised Code. If the licensor is a	36342
board of health, a fee may be disapproved by the district advisory	36343
council in the case of a general health district or the	36344
legislative authority of the city in the case of a city health	36345
district. A disapproved fee shall not be charged by the board of	36346
health.	36347

Except when a licensing fee is established as an emergency	36348
measure, the licensor shall hold a public hearing regarding the	36349
proposed fee. At least twenty days prior to holding a public	36350
hearing, the licensor shall give written notice of the hearing to	36351
each person or government entity holding a food service operation	36352
license that may be affected by the proposed fee. The notice shall	36353
be mailed to the last known address of the licensee and shall	36354
specify the date, time, and place of the hearing and the amount of	36355
the proposed fee. On request, the licensor shall provide the	36356
completed uniform methodology used in the calculation of the	36357
licensor's costs and the proposed fee.	36358

(B) In addition to licensing fees, a licensor may charge fees	36359
for the following:	36360

(1) Review of facility layout and equipment specifications	36361
pertaining to food service operations, other than mobile and	36362
temporary food service operations, or similar reviews conducted	36363
for vending machine locations;	36364

(2) Any necessary collection and bacteriological examination	36365
of samples from food service operations, or similar services	36366
specified in rules adopted under this chapter by the ~~public~~	36367
director of health ~~council~~;	36368

(3) Attendance at a course of study offered by the licensor	36369
in food protection as it pertains to food service operations, if	36370
the course is approved under section 3717.09 of the Revised Code.	36371

(C)(1) The ~~public health council~~director may determine by	36372
rule an amount to be collected from applicants for food service	36373
operation licenses for use ~~by the director of health~~ in	36374
administering and enforcing the provisions of this chapter and the	36375
rules adopted under it applicable to food service operations.	36376
Licensors shall collect the amount prior to issuing an applicant's	36377
new or renewed license. If a licensing fee is charged under this	36378
section, the licensor shall collect the amount at the same time	36379
the fee is collected. Licensors are not required to provide notice	36380
or hold public hearings regarding amounts to be collected.	36381

(2) A licensor shall certify the amount collected under	36382
division (C)(1) of this section and transmit the amount to the	36383
treasurer of state according to the following schedule:	36384

(a) For amounts received by the licensor on or after the	36385
first day of January but not later than the thirty-first day of	36386
March, transmit the amounts not later than the fifteenth day of	36387
May;	36388

(b) For amounts received by the licensor on or after the	36389
first day of April but not later than the thirtieth day of June,	36390
transmit the amounts not later than the fifteenth day of August;	36391

(c) For amounts received by the licensor on or after the	36392
first day of July but not later than the thirtieth day of	36393
September, transmit the amounts not later than the fifteenth day	36394
of November;	36395

(d) For amounts received by the licensor on or after the	36396
first day of October but not later than the thirty-first day of	36397
December, transmit the amounts not later than the fifteenth day of	36398
February of the following year.	36399

(3) All amounts received under division (C)(2) of this	36400
section shall be deposited into the general operations fund	36401
created in section 3701.83 of the Revised Code. The director shall	36402
use the amounts solely for the administration and enforcement of	36403
the provisions of this chapter and the rules adopted under it	36404
applicable to food service operations.	36405

~~(4) The director may submit recommendations to the public~~	36406
~~health council regarding the amounts collected under division~~	36407
~~(C)(1) of this section. When making recommendations, the director~~	36408
~~shall submit a report stating the current and projected expenses~~	36409
~~of administering and enforcing the provisions of this chapter and~~	36410
~~the rules adopted under it applicable to food service operations~~	36411
~~and the total of all amounts that have been deposited in the~~	36412
~~general operations fund pursuant to division (C)(3) of this~~	36413
~~section. The director may include in the report any~~	36414
~~recommendations for modifying the department's administration and~~	36415
~~enforcement of the provisions of this chapter and the rules~~	36416
~~adopted under it applicable to food service operations.~~	36417

Sec. 3717.51. Pursuant to section 3717.04 of the Revised	36419
Code, the ~~public~~director of health ~~council~~ shall adopt rules	36420
regarding food service operations, as follows:	36421

(A) Licensing categories for food service operations and	36422
licensing requirements for each category;	36423

(B) Standards and procedures, including a schedule of	36424
frequency, for conducting inspections of food service operations;	36425

(C) Standards and procedures for conducting investigations of	36426
complaints pertaining to food service operations;	36427

(D) Procedures to be used by the director of health in	36428
approving courses of study for persons seeking certification in	36429
food protection, standards that must be met to receive and	36430
maintain the director's approval, and procedures for withdrawing	36431
the director's approval of a course if the standards for approval	36432
are no longer being met;	36433

(E) Standards for the provision of assistance to choking	36434
victims;	36435

(F) Any other matter the ~~council~~director considers relevant	36436
to the administration and enforcement of the provisions of this	36437
chapter applicable to food service operations.	36438

Sec. 3718.02. (A) The ~~public~~director of health ~~council~~, in	36439
accordance with Chapter 119. of the Revised Code, shall adopt, and	36440
subsequently may amend and rescind, rules of general application	36441
throughout the state to administer this chapter. Rules adopted	36442
under division (A) of this section shall do at least all of the	36443
following:	36444

(1) Require that the appropriate board of health approve or	36445
disapprove the installation, operation, and alteration of a sewage	36446
treatment system if it is not connected to a sanitary sewerage	36447
system;	36448

(2) Require a board of health, or other person as established	36449
by rule, to conduct a site evaluation for any proposed	36450
installation of a sewage treatment system;	36451

(3) Prescribe standards for the siting, design, installation,	36452
operation, monitoring, maintenance, and abandonment of sewage	36453
treatment systems that may be used in this state and for the	36454
progressive or incremental alteration or repair of an existing	36455
sewage treatment system or the progressive or incremental	36456
installation of a new system to replace an existing sewage	36457
treatment system. The rules shall be adopted so as to establish a	36458
preference for the repair of an existing sewage treatment system,	36459
when technically and economically feasible, rather than its	36460
replacement with a new system. The standards shall include at a	36461
minimum all of the following:	36462

(a) Soil absorption specifications and vertical separation	36463
distances.	36464

(i) Soil absorption specifications established in rules shall	36465
include standards regarding the sizing of sewage treatment systems	36466
in use in the state.	36467

(ii) In establishing soil absorption specifications and	36468
vertical separation distances, the rules shall identify those soil	36469
conditions that present a low or moderate risk of inadequate	36470
treatment or dispersal of sewage from sewage treatment systems.	36471
For low and moderate risk conditions, the required vertical	36472
separation distance shall not exceed eighteen inches except as	36473
authorized pursuant to rules adopted under divisions	36474
(A)(3)(a)(iii) and (iv) of this section.	36475

In addition, the rules shall identify those soil conditions	36476
that present a high risk of inadequate treatment or dispersal of	36477
sewage. For such high risk conditions, the vertical separation	36478
distance shall be set at a depth from twenty-four to thirty-six	36479
inches and shall not be lowered unless a reduction of vertical	36480
separation is granted in accordance with rules adopted under	36481
division (A)(3)(a)(iii) of this section.	36482

(iii) The rules shall establish options to be utilized by a	36483
board of health when approving the reductions of or compliance	36484
with vertical separation distances that are established in rules	36485
adopted under division (A)(3)(a)(ii) of this section. The options	36486
for a board of health in providing such approval shall include,	36487
but not be limited to: the use where deemed appropriate for a	36488
particular site of subsurface interceptor drains, perimeter	36489
drains, or engineered drainage; pretreatment of sewage; or soil	36490
elevation.	36491

(iv) The rules shall provide that a board of health may	36492
petition the director to increase the vertical separation	36493
distances required for sewage treatment systems in the applicable	36494
health district or a portion of the district when conditions	36495
present a high risk of inadequate treatment or dispersal of	36496
sewage. The rules also shall provide that the director may approve	36497
such a request upon a demonstration by the board of health that	36498
unusual or unique local conditions relating to terrain, bedrock,	36499
water table, soil fragments, or soil textures require the	36500
establishment of greater vertical separation distances within the	36501
jurisdiction of the board of health or a portion thereof. If,	36502
under the rules, the director of health approves a greater	36503
vertical separation distance, a board of health still may approve	36504
a reduction of that vertical separation distance for an individual	36505
sewage treatment system pursuant to rules adopted under division	36506
(A)(3)(a)(iii) of this section. Further, if, under the rules, the	36507
director approves a greater vertical separation distance, a person	36508
who is denied permission by a board of health to install or	36509
replace a sewage treatment system as a result of the director's	36510
approval may request a hearing in accordance with section 3718.11	36511
of the Revised Code.	36512

(b) Specifications for the quality of treated sewage effluent	36513
from household sewage treatment systems that is applied to soil on	36514
the property where a household sewage treatment system is located.	36515
The specifications established in the rules for the quality of	36516
effluent from discharging systems shall comply with discharge	36517
requirements imposed by the national pollutant discharge	36518
elimination system permit program established under section	36519
6111.03 of the Revised Code and rules adopted under it.	36520

(c) Requirements for the reasonable maintenance of a system	36521
according to maintenance requirements approved by the director of	36522
health as recommended by the sewage treatment system technical	36523
advisory committee or according to accepted standards and	36524
practices established in rules, as applicable. The requirements	36525
may include standards for service contracts or other arrangements	36526
that assure regular maintenance and upkeep of the system. In	36527
determining the reasonableness of a maintenance requirement, the	36528
director shall consider a manufacturer's maintenance requirements	36529
as well as all other maintenance alternatives.	36530

(4) Prescribe procedures for notification to boards of health	36531
of the approval of a sewage treatment system or components of a	36532
system by the director of health under section 3718.04 of the	36533
Revised Code;	36534

(5) Prescribe criteria and procedures under which boards of	36535
health shall issue installation permits, operation permits, and	36536
alteration permits for sewage treatment systems. The rules shall	36537
require as a condition of an installation permit that the	36538
installer of a system must warrant that the system was installed	36539
in accordance with all applicable rules and design requirements.	36540
In addition, the rules shall require a board of health, not later	36541
than sixty days after the issuance of an installation, operation,	36542
or alteration permit, to notify the director that the permit was	36543
issued. The rules shall require the notification to be in a format	36544
prescribed by the director and to include information related to	36545
the issuance of the permit. With the assistance of the department	36546
of health, a board of health, to the extent practicable, shall	36547
computerize the process of the issuance of permits for sewage	36548
treatment systems.	36549

(6) Require a board of health to inspect a sewage treatment	36550
system not later than twelve months after its installation to	36551
ensure that the system is operating properly. The rules shall	36552
require a board of health, not later than sixty days after the	36553
inspection, to certify to the director on a form provided by the	36554
director that the inspection was performed.	36555

(7) Require each board of health to develop a program for the	36556
administration of maintenance requirements established in rules	36557
adopted under division (A)(3)(c) of this section. The rules shall	36558
include requirements and procedures under which a person may	36559
demonstrate the required maintenance of a system in lieu of having	36560
an inspection conducted when an inspection otherwise is required.	36561
The rules shall require a board of health to provide written	36562
notice to a person that is demonstrating maintenance of a system	36563
in lieu of an inspection that if proof of the required maintenance	36564
of the system is not provided as required by rules, the system is	36565
subject to inspection by the board and the reasonable cost of the	36566
inspection must be paid by the person. The rules shall authorize a	36567
board of health to inspect any sewage treatment system if there is	36568
a good-faith complaint regarding the system, there is probable	36569
cause for the inspection, or proof of the required maintenance of	36570
the system has not been provided as required by rules. In	36571
addition, the rules shall authorize a board of health to inspect a	36572
sewage treatment system without prior notice in any instance in	36573
which the board has probable cause to believe that the system is	36574
endangering or threatening to endanger public health. The rules	36575
shall require that the reasonable costs for sewage effluent	36576
testing or evaluation be paid by the owner of a sewage treatment	36577
system that is being investigated. Further, the rules shall	36578
establish a methodology for determining the reasonable costs of an	36579
inspection in accordance with section 3709.09 of the Revised Code.	36580
The rules shall allow, but shall not require, a board of health to	36581
continue an inspection program that was established by the board	36582
prior to the effective date of the rules, provided that the	36583
program authorizes a person to demonstrate the required	36584
maintenance of a system in lieu of an inspection.	36585

(8) Require a board of health to register installers, service	36586
providers, and septage haulers that perform work within the health	36587
district; prescribe criteria and procedures for the registration;	36588
and prescribe criteria for a demonstration of competency as a part	36589
of the registration. The rules shall establish uniform statewide	36590
bonding requirements or other financial security requirements for	36591
installers, service providers, and septage haulers as a condition	36592
of registration within any health district. The rules shall	36593
establish a methodology by which the required amount of a bond or	36594
other security may be calculated for each installer, service	36595
provider, and septage hauler. The methodology, at a minimum, shall	36596
consider the number of systems installed or serviced and the type	36597
of system installed or serviced by an installer, service provider,	36598
or septage hauler on an annual basis. The rules shall provide that	36599
no board of health shall require an additional or different bond	36600
or security requirement as a condition of registration beyond the	36601
bonding and security requirements established in the rules adopted	36602
under division (A)(8) of this section.	36603

The rules shall establish a cost methodology for determining	36604
the fee for the registration of an installer, service provider, or	36605
septage hauler in any health district.	36606

(9) Prescribe requirements for the collection,	36607
transportation, disposal, and land application of domestic septage	36608
in this state from a sewage treatment system;	36609

(10) Require boards of health to maintain records that are	36610
determined necessary to ascertain compliance with this chapter and	36611
the rules adopted under it;	36612

(11) Require the manufacturer of a sewage treatment system	36613
that is authorized for use in this state in rules adopted under	36614
this section or that is approved for use in this state under	36615
section 3718.04 of the Revised Code to provide instructions for	36616
the operation and maintenance of the system. The rules shall	36617
provide that a board of health may require a copy of a	36618
manufacturer's instructions for the operation and maintenance of a	36619
system to be filed with the board prior to the installation and	36620
use of the system in the health district in which the board has	36621
jurisdiction. In addition, the rules shall require a board of	36622
health and a manufacturer to provide a copy of the operation and	36623
maintenance instructions, if available, when a board of health or	36624
a manufacturer receives a written request for instructions.	36625

(12) Prescribe criteria for the provision of written evidence	36626
of compliance with rules pertaining to sewage treatment for	36627
purposes of sections 711.05 and 711.10 of the Revised Code;	36628

(13) Pursuant to divisions (A)(1) and (3) of this section,	36629
prescribe standards for the siting, design, installation,	36630
operation, monitoring, maintenance, and abandonment of small flow	36631
on-site sewage treatment systems that may be used in this state;	36632

(14) Prescribe minimum criteria and procedures under which	36633
boards of health may establish household sewage treatment district	36634
management programs for the purpose of providing a responsive	36635
approach toward preventing or solving sewage treatment problems	36636
resulting from household sewage treatment systems within the	36637
districts established under the program. For purposes of division	36638
(A)(14) of this section, a board of health may enter into a	36639
contract with any entity to administer a household sewage	36640
treatment district management program.	36641

(15) Prescribe standards for the use of subsurface	36642
interceptor drains, perimeter drains, and engineered drainage to	36643
remove or divert any subsurface water from an area to be used for	36644
soil absorption of sewage in the soil of a sewage treatment	36645
system;	36646

(16) Prescribe standards for the inspection of septage	36647
hauling truck tanks by boards of health, including, but not	36648
limited to, tank seal safety specifications;	36649

(17) Establish standards and testing methods to ensure that	36650
all septic tanks, other disposal component tanks, dosing tanks,	36651
pump vaults, household sewage treatment disposal system holding	36652
tanks and privy vaults, or other applicable sewage disposal system	36653
components manufactured after ~~the effective date of this section~~	36654
September 17, 2010, and used in this state are watertight and	36655
structurally sound;	36656

(18) Require a board of health to give notice and an	36657
opportunity for a hearing, pursuant to section 3718.11 of the	36658
Revised Code, to an affected property owner regarding any of the	36659
following:	36660

(a) The denial of an installation, operation, or alteration	36661
permit for a sewage treatment system;	36662

(b) The imposition of a condition on the installation of a	36663
sewage treatment system;	36664

36665

(d) Any other final order or decision of a board of health	36666
that is made under this chapter concerning which a property owner	36667
is claiming to be aggrieved or adversely affected.	36668

The rules also shall establish procedures for giving such	36669
notice and for conducting the hearing required in rules adopted	36670
under division (A)(18) of this section.	36671

(19) Prescribe standards for the regulation of gray water	36672
recycling systems;	36673

(20) Prohibit a sewage treatment system from causing a public	36674
health nuisance;	36675

(21) Define economic impact for purposes of division (B) of	36676
this section and section 3718.022 of the Revised Code.	36677

The ~~council~~director may adopt other rules under division (A)	36678
of this section that itthe director determines are necessary to	36679
implement this chapter and to protect the public health and	36680
welfare.	36681

At least sixty days prior to adopting a rule under division	36682
(A) of this section, the ~~council~~director shall provide boards of	36683
health and any other interested parties an opportunity to comment	36684
on the rule.	36685

(B)(1) In accordance with section 3709.20 or 3709.21 of the	36686
Revised Code, as applicable, and subject to review by and approval	36687
of the director under division (C) of section 3718.05 of the	36688
Revised Code, a board of health may adopt rules necessary for the	36689
public health providing for more stringent standards than those	36690
established in rules ~~of the public health council~~ adopted by the	36691
director under division (A) of this section. In proposing or	36692
adopting the rules, a board of health shall consider and document	36693
the economic impact of the rules on property owners within the	36694
applicable health district.	36695

(2) A board that intends to adopt rules shall notify the	36696
department of health of the proposed rules and submit a copy of	36697
the proposed rules and the documentation of the economic impact of	36698
the rules at least ninety days prior to the proposed date of	36699
adoption. The director shall approve or disapprove any such	36700
proposed rule within ninety days after receiving a copy of the	36701
proposed rule from the board of health.	36702

(3) In reviewing a proposed rule, the director shall approve	36703
the rule if all of the following apply:	36704

(a) The proposed rule is not in conflict with this chapter or	36705
rules adopted under it.	36706

(b) The proposed rule is authorized by division (B) of this	36707
section.	36708

(c) The proposed rule is no less stringent than rules adopted	36709
by the ~~public health council~~director.	36710

(d) Unless otherwise authorized by this chapter or rules	36711
adopted under it, the proposed rule does not require design	36712
changes to a sewage treatment system, or component thereof, that	36713
differ from a design authorized in rules adopted under division	36714
(A) of this section, including rules adopted under division (A)(1)	36715
or (A)(3)(a)(iii) or (iv) of this section, or approved by the	36716
director under section 3718.04 of the Revised Code.	36717

(e) The proposed rule does not require operation or	36718
maintenance procedures for a sewage treatment system that conflict	36719
with operation or maintenance procedures authorized in rules	36720
adopted under division (A) of this section, including rules	36721
adopted under division (A)(1) or (A)(3)(a)(iii) or (iv) of this	36722
section, or approved by the director under section 3718.04 of the	36723
Revised Code.	36724

(4) If a board of health fails to submit a proposed rule to	36725
the director or fails to demonstrate that the board has considered	36726
the economic impact of the proposed rule, the rule shall have no	36727
force or effect and is not enforceable.	36728

Sec. 3718.021. (A) A board of health may regulate the siting,	36729
design, installation, operation, monitoring, maintenance, and	36730
abandonment of small flow on-site sewage treatment systems in	36731
accordance with rules adopted by the ~~public~~director of health	36732
~~council~~ under division (A)(13) of section 3718.02 of the Revised	36733
Code. If a board of health chooses to regulate small flow on-site	36734
sewage treatment systems, the board first shall send written	36735
notification to the director of health and the director of	36736
environmental protection.	36737

(B) If a board of health chooses to regulate small flow	36738
on-site sewage treatment systems under division (A) of this	36739
section and later determines that it no longer wants to regulate	36740
those systems, the board shall notify the director of health and	36741
the director of environmental protection. Upon the receipt of the	36742
notification by the director of environmental protection, the	36743
board of health shall cease regulating small flow on-site sewage	36744
treatment systems, and the environmental protection agency shall	36745
regulate those systems.	36746

(C) If after a survey conducted under section 3718.07 of the	36747
Revised Code the director of health finds that a board of health	36748
that has chosen to regulate small flow on-site sewage treatment	36749
systems is not complying with the rules adopted under division	36750
(A)(13) of section 3718.02 of the Revised Code, the director shall	36751
notify the director of environmental protection and the board of	36752
health. Upon receipt of the notification, the board shall cease	36753
regulating small flow on-site sewage treatment systems, and the	36754
environmental protection agency shall regulate those systems.	36755

Sec. 3718.022. Notwithstanding any provision in this chapter	36756
to the contrary, in adopting rules under division (A) of section	36757
3718.02 of the Revised Code, the ~~public~~director of health ~~council~~	36758
shall consider the economic impact of the rules on property	36759
owners, the state of available technology, and the nature and	36760
economics of the available ~~alteratives~~alternatives.	36761

Sec. 3718.05. The director of health shall do all of the	36762
following:	36763

(A) Administer and enforce this chapter and the rules ~~of the~~	36764
~~public health council~~ adopted under it;	36765

(B) Examine records of boards of health, in accordance with	36766
rules adopted by the ~~council~~director, that are determined	36767
necessary to ascertain compliance with this chapter and rules	36768
adopted under it;	36769

(C) Review and approve or disapprove rules proposed by boards	36770
of health under division (B) of section 3718.02 of the Revised	36771
Code. The director shall not disapprove a proposed rule unless the	36772
director determines that the proposed rule conflicts with this	36773
chapter or rules adopted under division (A) of section 3718.02 of	36774
the Revised Code ~~by the public health council~~ or fails to promote	36775
public health or environmental protection. If the director	36776
disapproves a proposed rule, the director shall provide a written	36777
explanation of the director's disapproval to the board of health	36778
that proposed the rule.	36779

(D) Survey boards of health as required by section 3718.07 of	36780
the Revised Code;	36781

(E) Develop with the sewage treatment system technical	36782
advisory committee standards, guidelines, and protocols for use by	36783
the director in approving or disapproving a sewage treatment	36784
system under section 3718.04 of the Revised Code and an	36785
application form for use by applicants for that approval,	36786
including identification of the information that must be included	36787
with the form;	36788

(F) Provide instructions on the operation and maintenance of	36789
a sewage treatment system. The director shall provide the	36790
operation and maintenance instructions on the department of	36791
health's web site. In addition, the director shall provide a copy	36792
of the operation and maintenance instructions when the director	36793
receives a written request for the instructions.	36794

(G) Develop educational programs, in conjunction with boards	36795
of health, to educate owners of sewage treatment systems regarding	36796
the proper operation and maintenance of those systems.	36797

Sec. 3718.06. (A)~~(1)~~ A board of health shall establish fees	36798
in accordance with section 3709.09 of the Revised Code for the	36799
purpose of carrying out its duties under this chapter and rules	36800
adopted under it, including fees for installation permits,	36801
operation permits, and alteration permits issued by the board. All	36802
fees so established and collected by the board shall be deposited	36803
in a special fund of the district to be used exclusively by the	36804
board in carrying out those duties.	36805

~~(2)~~(B) In accordance with Chapter 119. of the Revised Code,	36806
the ~~public~~director of health ~~council~~ may establish by rule a fee	36807
to be collected from applicants for installation permits and	36808
alteration permits issued under rules adopted under this chapter.	36809
The director of health shall use not more than seventy-five per	36810
cent of the proceeds from that fee for administering and enforcing	36811
this chapter and the rules adopted under it by the ~~council~~	36812
director. The director shall use not less than twenty-five per	36813
cent of the proceeds from that fee to establish a program in	36814
cooperation with boards of health to fund installation and	36815
evaluation of sewage treatment system new technology pilot	36816
projects through grants or other agreements. In the selection of	36817
pilot projects, the director shall consult with the sewage	36818
treatment system technical advisory committee. A board of health	36819
shall collect and transmit the fee to the director pursuant to	36820
section 3709.092 of the Revised Code.	36821

~~(B) The director may submit recommendations to the public~~	36822
~~health council regarding the amount of the fee collected under~~	36823
~~division (A)(2) of this section for installation and alteration~~	36824
~~permits. When making the recommendations, the director shall~~	36825
~~submit a report stating the current and projected expenses of~~	36826
~~administering and enforcing this chapter and the rules adopted~~	36827
~~under it and of the sewage treatment system new technology pilot~~	36828
~~projects program established under this section and the total of~~	36829
~~all money that has been deposited to the credit of the general~~	36830
~~operations fund under division (A)(2) of this section. The~~	36831
~~director may include in the report any recommendations for~~	36832
~~modifying the requirements established under this chapter and the~~	36833
~~rules adopted under it by the council.~~	36834

Sec. 3718.07. The director of health shall survey each city	36836
and general health district at least once every three years to	36837
determine whether there is substantial compliance with the	36838
requirements of this chapter pertaining to health districts and	36839
the applicable rules adopted by the ~~public health council~~director	36840
under this chapter. Upon determining that there is substantial	36841
compliance, the director shall place the district on an approved	36842
list. The director may resurvey an approved district if it is	36843
determined by the director to be necessary and may remove from the	36844
list a district that is found not to be substantially complying	36845
with the requirements of this chapter pertaining to health	36846
districts and the applicable rules.	36847

If the director determines that a district is not eligible to	36848
be placed on the approved list or to continue on the list after a	36849
resurvey, the director shall certify that determination to the	36850
board of health, and the director shall carry out the duties of	36851
the unapproved health district under this chapter and the	36852
applicable rules adopted under it within the district or shall	36853
contract with an approved health district to conduct those duties	36854
until the unapproved district is placed on or returned to the	36855
approved list. The director or the contracting district shall have	36856
within the unapproved district the authority to exercise powers	36857
and perform duties granted to or imposed on the board under this	36858
chapter and the applicable rules adopted under it.	36859

Until the unapproved district is placed on or returned to the	36860
approved list, the director or the contracting district shall	36861
collect all fees payable to the board of health under this chapter	36862
and all such fees previously paid to the unapproved district that	36863
have not been expended or encumbered. The director shall deposit	36864
those fees in the state treasury to the credit of a special fund,	36865
which is hereby created, to be used by the director for the	36866
purpose of carrying out the duties of the unapproved health	36867
district under this chapter and the applicable rules adopted under	36868
it. A contracting district shall deposit those fees to the credit	36869
of its fund created under section 3718.06 of the Revised Code to	36870
be used by the district for the purpose of carrying out the duties	36871
of the unapproved district under this chapter and the applicable	36872
rules adopted under it. The director or contracting district shall	36873
repay to the unapproved district any balance remaining in the	36874
applicable fund from all sources when the unapproved district is	36875
placed on or returned to the approved list by the director.	36876

If a health district is removed from the approved list under	36877
this section and the board of health of the district is regulating	36878
small flow on-site sewage treatment systems in the district under	36879
section 3718.021 of the Revised Code, the director of	36880
environmental protection shall regulate those systems in that	36881
district in accordance with division (C) of that section.	36882

Sec. 3718.09. (A) A board of health may issue, modify,	36883
suspend, or revoke enforcement orders to a registration or permit	36884
holder or other person directing the holder or person to abate a	36885
violation of this chapter, any rule adopted or order issued under	36886
it, or a condition of a registration or permit issued under it	36887
within a specified, reasonable time. If an order issued under this	36888
division is neglected or disregarded, the applicable board of	36889
health may proceed in accordance with section 3707.02 of the	36890
Revised Code.	36891

(B) The health commissioner or the commissioner's designated	36892
representative, without prior notice or hearing and in accordance	36893
with ~~the~~ rules ofadopted by the ~~public~~director of health	36894
~~council~~, may issue an emergency order requiring any action	36895
necessary to meet a public health emergency or to prevent or abate	36896
an imminent and substantial threat to surface water or ground	36897
water regarding domestic septage management or regarding a sewage	36898
treatment system that is being operated in a manner that does not	36899
comply with this chapter or rules adopted under it. A person to	36900
whom such an emergency order is issued immediately shall comply	36901
with the order. A person so ordered may apply to the issuer of the	36902
order for a hearing, which shall be held as soon as possible, but	36903
not later than twenty days after the issuer's receipt of the	36904
application for a hearing.	36905

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	36906
3721.99 of the Revised Code:	36907

(1)(a) "Home" means an institution, residence, or facility	36908
that provides, for a period of more than twenty-four hours,	36909
whether for a consideration or not, accommodations to three or	36910
more unrelated individuals who are dependent upon the services of	36911
others, including a nursing home, residential care facility, home	36912
for the aging, and a veterans' home operated under Chapter 5907.	36913
of the Revised Code.	36914

(b) "Home" also means both of the following:

36915

(i) Any facility that a person, as defined in section 3702.51	36916
of the Revised Code, proposes for certification as a skilled	36917
nursing facility or nursing facility under Title XVIII or XIX of	36918
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	36919
as amended, and for which a certificate of need, other than a	36920
certificate to recategorize hospital beds as described in section	36921
~~3702.522~~3702.521 of the Revised Code or division (R)(7)(d) of the	36922
version of section 3702.51 of the Revised Code in effect	36923
immediately prior to April 20, 1995, has been granted to the	36924
person under sections 3702.51 to 3702.62 of the Revised Code after	36925
August 5, 1989;	36926

(ii) A county home or district home that is or has been	36927
licensed as a residential care facility.	36928

36929

(i) Except as provided in division (A)(1)(b) of this section,	36930
a public hospital or hospital as defined in section 3701.01 or	36931
5122.01 of the Revised Code;	36932

(ii) A residential facility ~~for mentally ill persons~~ as	36933
defined ~~under~~in section 5119.22 of the Revised Code;	36934

(iii) A residential facility as defined in section 5123.19 of	36935
the Revised Code;	36936

(iv) ~~An adult care facility as defined in section 5119.70 of~~	36937
~~the Revised Code;~~	36938

~~(v)~~ An alcohol or drug addiction program as defined in	36939
section 3793.01 of the Revised Code;	36940

~~(vi)~~(v) A facility licensed to provide methadone treatment	36941
under section 3793.11 of the Revised Code;	36942

~~(vii)~~(vi) A facility providing services under contract with	36943
the department of developmental disabilities under section 5123.18	36944
of the Revised Code ~~unless section 5123.192 of the Revised Code~~	36945
~~makes the facility subject to the requirements of this chapter~~;	36946

~~(viii)~~(vii) A facility operated by a hospice care program	36947
licensed under section 3712.04 of the Revised Code that is used	36948
exclusively for care of hospice patients;	36949

~~(ix)~~(viii) A facility, infirmary, or other entity that is	36950
operated by a religious order, provides care exclusively to	36951
members of religious orders who take vows of celibacy and live by	36952
virtue of their vows within the orders as if related, and does not	36953
participate in the medicare program established under Title XVIII	36954
of the "Social Security Act" or the medical assistance program	36955
established under Chapter 5111. of the Revised Code and Title XIX	36956
of the "Social Security Act," if on January 1, 1994, the facility,	36957
infirmary, or entity was providing care exclusively to members of	36958
the religious order;	36959

~~(x)~~(ix) A county home or district home that has never been	36960
licensed as a residential care facility.	36961

(2) "Unrelated individual" means one who is not related to	36962
the owner or operator of a home or to the spouse of the owner or	36963
operator as a parent, grandparent, child, grandchild, brother,	36964
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	36965
uncle.	36966

(3) "Mental impairment" does not mean mental illness as	36967
defined in section 5122.01 of the Revised Code or mental	36968
retardation as defined in section 5123.01 of the Revised Code.	36969

(4) "Skilled nursing care" means procedures that require	36970
technical skills and knowledge beyond those the untrained person	36971
possesses and that are commonly employed in providing for the	36972
physical, mental, and emotional needs of the ill or otherwise	36973
incapacitated. "Skilled nursing care" includes, but is not limited	36974
to, the following:	36975

(a) Irrigations, catheterizations, application of dressings,	36976
and supervision of special diets;	36977

(b) Objective observation of changes in the patient's	36978
condition as a means of analyzing and determining the nursing care	36979
required and the need for further medical diagnosis and treatment;	36980

36981

(d) Administration of medication by any method ordered by a	36982
physician, such as hypodermically, rectally, or orally, including	36983
observation of the patient after receipt of the medication;	36984

(e) Carrying out other treatments prescribed by the physician	36985
that involve a similar level of complexity and skill in	36986
administration.	36987

(5)(a) "Personal care services" means services including, but	36988
not limited to, the following:	36989

(i) Assisting residents with activities of daily living;

36990

(ii) Assisting residents with self-administration of	36991
medication, in accordance with rules adopted under section 3721.04	36992
of the Revised Code;	36993

(iii) Preparing special diets, other than complex therapeutic	36994
diets, for residents pursuant to the instructions of a physician	36995
or a licensed dietitian, in accordance with rules adopted under	36996
section 3721.04 of the Revised Code.	36997

(b) "Personal care services" does not include "skilled	36998
nursing care" as defined in division (A)(4) of this section. A	36999
facility need not provide more than one of the services listed in	37000
division (A)(5)(a) of this section to be considered to be	37001
providing personal care services.	37002

(6) "Nursing home" means a home used for the reception and	37003
care of individuals who by reason of illness or physical or mental	37004
impairment require skilled nursing care and of individuals who	37005
require personal care services but not skilled nursing care. A	37006
nursing home is licensed to provide personal care services and	37007
skilled nursing care.	37008

(7) "Residential care facility" means a home that provides	37009
either of the following:	37010

(a) Accommodations for seventeen or more unrelated	37011
individuals and supervision and personal care services for three	37012
or more of those individuals who are dependent on the services of	37013
others by reason of age or physical or mental impairment;	37014

(b) Accommodations for three or more unrelated individuals,	37015
supervision and personal care services for at least three of those	37016
individuals who are dependent on the services of others by reason	37017
of age or physical or mental impairment, and, to at least one of	37018
those individuals, any of the skilled nursing care authorized by	37019
section 3721.011 of the Revised Code.	37020

(8) "Home for the aging" means a home that provides services	37021
as a residential care facility and a nursing home, except that the	37022
home provides its services only to individuals who are dependent	37023
on the services of others by reason of both age and physical or	37024
mental impairment.	37025

The part or unit of a home for the aging that provides	37026
services only as a residential care facility is licensed as a	37027
residential care facility. The part or unit that may provide	37028
skilled nursing care beyond the extent authorized by section	37029
3721.011 of the Revised Code is licensed as a nursing home.	37030

(9) "County home" and "district home" mean a county home or	37031
district home operated under Chapter 5155. of the Revised Code.	37032

(B) The ~~public~~director of health ~~council~~ may further	37033
classify homes. For the purposes of this chapter, any residence,	37034
institution, hotel, congregate housing project, or similar	37035
facility that meets the definition of a home under this section is	37036
such a home regardless of how the facility holds itself out to the	37037
public.	37038

(C) For purposes of this chapter, personal care services or	37039
skilled nursing care shall be considered to be provided by a	37040
facility if they are provided by a person employed by or	37041
associated with the facility or by another person pursuant to an	37042
agreement to which neither the resident who receives the services	37043
nor the resident's sponsor is a party.	37044

(D) Nothing in division (A)(4) of this section shall be	37045
construed to permit skilled nursing care to be imposed on an	37046
individual who does not require skilled nursing care.	37047

Nothing in division (A)(5) of this section shall be construed	37048
to permit personal care services to be imposed on an individual	37049
who is capable of performing the activity in question without	37050
assistance.	37051

(E) Division (A)(1)(c)~~(ix)~~(viii) of this section does not	37052
prohibit a facility, infirmary, or other entity described in that	37053
division from seeking licensure under sections 3721.01 to 3721.09	37054
of the Revised Code or certification under Title XVIII or XIX of	37055
the "Social Security Act." However, such a facility, infirmary, or	37056
entity that applies for licensure or certification must meet the	37057
requirements of those sections or titles and the rules adopted	37058
under them and obtain a certificate of need from the director of	37059
health under section 3702.52 of the Revised Code.	37060

(F) Nothing in this chapter, or rules adopted pursuant to it,	37061
shall be construed as authorizing the supervision, regulation, or	37062
control of the spiritual care or treatment of residents or	37063
patients in any home who rely upon treatment by prayer or	37064
spiritual means in accordance with the creed or tenets of any	37065
recognized church or religious denomination.	37066

Sec. 3721.011. (A) In addition to providing accommodations,	37067
supervision, and personal care services to its residents, a	37068
residential care facility may do the following:	37069

(1) Provide the following skilled nursing care to its	37070
residents:	37071

(a) Supervision of special diets;

37072

(b) Application of dressings, in accordance with rules	37073
adopted under section 3721.04 of the Revised Code;	37074

(c) Subject to division (B)(1) of this section,	37075
administration of medication.	37076

(2) Subject to division (C) of this section, provide other	37077
skilled nursing care on a part-time, intermittent basis for not	37078
more than a total of one hundred twenty days in a twelve-month	37079
period;	37080

(3) Provide skilled nursing care for more than one hundred	37081
twenty days in a twelve-month period to a resident when the	37082
requirements of division (D) of this section are met.	37083

A residential care facility may not admit or retain an	37084
individual requiring skilled nursing care that is not authorized	37085
by this section. A residential care facility may not provide	37086
skilled nursing care beyond the limits established by this	37087
section.	37088

(B)(1) A residential care facility may admit or retain an	37089
individual requiring medication, including biologicals, only if	37090
the individual's personal physician has determined in writing that	37091
the individual is capable of self-administering the medication or	37092
the facility provides for the medication to be administered to the	37093
individual by a home health agency certified under Title XVIII of	37094
the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C. 1395, as	37095
amended; a hospice care program licensed under Chapter 3712. of	37096
the Revised Code; or a member of the staff of the residential care	37097
facility who is qualified to perform medication administration.	37098
Medication may be administered in a residential care facility only	37099
by the following persons authorized by law to administer	37100
medication:	37101

(a) A registered nurse licensed under Chapter 4723. of the	37102
Revised Code;	37103

(b) A licensed practical nurse licensed under Chapter 4723.	37104
of the Revised Code who holds proof of successful completion of a	37105
course in medication administration approved by the board of	37106
nursing and who administers the medication only at the direction	37107
of a registered nurse or a physician authorized under Chapter	37108
4731. of the Revised Code to practice medicine and surgery or	37109
osteopathic medicine and surgery;	37110

(c) A medication aide certified under Chapter 4723. of the	37111
Revised Code;	37112

(d) A physician authorized under Chapter 4731. of the Revised	37113
Code to practice medicine and surgery or osteopathic medicine and	37114
surgery.	37115

(2) In assisting a resident with self-administration of	37116
medication, any member of the staff of a residential care facility	37117
may do the following:	37118

(a) Remind a resident when to take medication and watch to	37119
ensure that the resident follows the directions on the container;	37120

(b) Assist a resident by taking the medication from the	37121
locked area where it is stored, in accordance with rules adopted	37122
pursuant to section 3721.04 of the Revised Code, and handing it to	37123
the resident. If the resident is physically unable to open the	37124
container, a staff member may open the container for the resident.	37125

(c) Assist a physically impaired but mentally alert resident,	37126
such as a resident with arthritis, cerebral palsy, or Parkinson's	37127
disease, in removing oral or topical medication from containers	37128
and in consuming or applying the medication, upon request by or	37129
with the consent of the resident. If a resident is physically	37130
unable to place a dose of medicine to the resident's mouth without	37131
spilling it, a staff member may place the dose in a container and	37132
place the container to the mouth of the resident.	37133

(C) Except as provided in division (D) of this section, a	37134
residential care facility may admit or retain individuals who	37135
require skilled nursing care beyond the supervision of special	37136
diets, application of dressings, or administration of medication,	37137
only if the care will be provided on a part-time, intermittent	37138
basis for not more than a total of one hundred twenty days in any	37139
twelve-month period. In accordance with Chapter 119. of the	37140
Revised Code, the ~~public~~director of health ~~council~~ shall adopt	37141
rules specifying what constitutes the need for skilled nursing	37142
care on a part-time, intermittent basis. The ~~council~~director	37143
shall adopt rules that are consistent with rules pertaining to	37144
home health care adopted by the director of job and family	37145
services for the medicaid program established under Chapter 5111.	37146
of the Revised Code. Skilled nursing care provided pursuant to	37147
this division may be provided by a home health agency certified	37148
under Title XVIII of the "Social Security Act," a hospice care	37149
program licensed under Chapter 3712. of the Revised Code, or a	37150
member of the staff of a residential care facility who is	37151
qualified to perform skilled nursing care.	37152

A residential care facility that provides skilled nursing	37153
care pursuant to this division shall do both of the following:	37154

(1) Evaluate each resident receiving the skilled nursing care	37155
at least once every seven days to determine whether the resident	37156
should be transferred to a nursing home;	37157

(2) Meet the skilled nursing care needs of each resident	37158
receiving the care.	37159

(D)(1) A residential care facility may admit or retain an	37160
individual who requires skilled nursing care for more than one	37161
hundred twenty days in any twelve-month period only if the	37162
facility has entered into a written agreement with each of the	37163
following:	37164

(a) The individual or individual's sponsor;

37165

(b) The individual's personal physician;

37166

(c) Unless the individual's personal physician oversees the	37167
skilled nursing care, the provider of the skilled nursing care;	37168

(d) If the individual is a hospice patient as defined in	37169
section 3712.01 of the Revised Code, a hospice care program	37170
licensed under Chapter 3712. of the Revised Code.	37171

(2) The agreement required by division (D)(1) of this section	37172
shall include all of the following provisions:	37173

(a) That the individual will be provided skilled nursing care	37174
in the facility only if a determination has been made that the	37175
individual's needs can be met at the facility;	37176

(b) That the individual will be retained in the facility only	37177
if periodic redeterminations are made that the individual's needs	37178
are being met at the facility;	37179

(c) That the redeterminations will be made according to a	37180
schedule specified in the agreement;	37181

(d) If the individual is a hospice patient, that the	37182
individual has been given an opportunity to choose the hospice	37183
care program that best meets the individual's needs;	37184

(e) Unless the individual is a hospice patient, that the	37185
individual's personal physician has determined that the skilled	37186
nursing care the individual needs is routine.	37187

(E) Notwithstanding any other provision of this chapter, a	37188
residential care facility in which residents receive skilled	37189
nursing care pursuant to this section is not a nursing home.	37190

Sec. 3721.02. (A) As used in this section, "residential	37191
facility" means a residential facility licensed under section	37192
5119.22 of the Revised Code that provides accommodations,	37193
supervision, and personal care services for three to sixteen	37194
unrelated adults.	37195

(B) The director of health shall license homes and establish	37196
procedures to be followed in inspecting and licensing homes. The	37197
director may inspect a home at any time. Each home shall be	37198
inspected by the director at least once prior to the issuance of a	37199
license and at least once every fifteen months thereafter. The	37200
state fire marshal or a township, municipal, or other legally	37201
constituted fire department approved by the marshal shall also	37202
inspect a home prior to issuance of a license, at least once every	37203
fifteen months thereafter, and at any other time requested by the	37204
director. A home does not have to be inspected prior to issuance	37205
of a license by the director, state fire marshal, or a fire	37206
department if ownership of the home is assigned or transferred to	37207
a different person and the home was licensed under this chapter	37208
immediately prior to the assignment or transfer. The director may	37209
enter at any time, for the purposes of investigation, any	37210
institution, residence, facility, or other structure that has been	37211
reported to the director or that the director has reasonable cause	37212
to believe is operating as a nursing home, residential care	37213
facility, or home for the aging without a valid license required	37214
by section 3721.05 of the Revised Code or, in the case of a county	37215
home or district home, is operating despite the revocation of its	37216
residential care facility license. The director may delegate the	37217
director's authority and duties under this chapter to any	37218
division, bureau, agency, or official of the department of health.	37219

~~(B)~~(C) A single facility may be licensed both as a nursing	37220
home pursuant to this chapter and as ~~an adult care~~a residential	37221
facility pursuant to ~~Chapter 5119.~~section 5119.22 of the Revised	37222
Code if the director determines that the part or unit to be	37223
licensed as a nursing home can be maintained separate and discrete	37224
from the part or unit to be licensed as ~~an adult care~~a	37225
residential facility.	37226

~~(C)~~(D) In determining the number of residents in a home for	37227
the purpose of licensing, the director shall consider all the	37228
individuals for whom the home provides accommodations as one group	37229
unless one of the following is the case:	37230

(1) The home is a home for the aging, in which case all the	37231
individuals in the part or unit licensed as a nursing home shall	37232
be considered as one group, and all the individuals in the part or	37233
unit licensed as a rest home shall be considered as another group.	37234

(2) The home is both a nursing home and ~~an adult care~~a	37235
residential facility. In that case, all the individuals in the	37236
part or unit licensed as a nursing home shall be considered as one	37237
group, and all the individuals in the part or unit licensed as an	37238
adult care facility shall be considered as another group.	37239

(3) The home maintains, in addition to a nursing home or	37240
residential care facility, a separate and discrete part or unit	37241
that provides accommodations to individuals who do not require or	37242
receive skilled nursing care and do not receive personal care	37243
services from the home, in which case the individuals in the	37244
separate and discrete part or unit shall not be considered in	37245
determining the number of residents in the home if the separate	37246
and discrete part or unit is in compliance with the Ohio basic	37247
building code established by the board of building standards under	37248
Chapters 3781. and 3791. of the Revised Code and the home permits	37249
the director, on request, to inspect the separate and discrete	37250
part or unit and speak with the individuals residing there, if	37251
they consent, to determine whether the separate and discrete part	37252
or unit meets the requirements of this division.	37253

~~(D)~~(E)(1) The director of health shall charge the following	37254
application fee and annual renewal licensing and inspection fee	37255
for each fifty persons or part thereof of a home's licensed	37256
capacity:	37257

(a) For state fiscal year 2010, two hundred twenty dollars;

37258

(b) For state fiscal year 2011, two hundred seventy dollars;

37259

(c) For each state fiscal year thereafter, three hundred	37260
twenty dollars.	37261

(2) All fees collected by the director for the issuance or	37262
renewal of licenses shall be deposited into the state treasury to	37263
the credit of the general operations fund created in section	37264
3701.83 of the Revised Code for use only in administering and	37265
enforcing this chapter and rules adopted under it.	37266

~~(E)~~(F)(1) Except as otherwise provided in this section, the	37267
results of an inspection or investigation of a home that is	37268
conducted under this section, including any statement of	37269
deficiencies and all findings and deficiencies cited in the	37270
statement on the basis of the inspection or investigation, shall	37271
be used solely to determine the home's compliance with this	37272
chapter or another chapter of the Revised Code in any action or	37273
proceeding other than an action commenced under division (I) of	37274
section 3721.17 of the Revised Code. Those results of an	37275
inspection or investigation, that statement of deficiencies, and	37276
the findings and deficiencies cited in that statement shall not be	37277
used in any court or in any action or proceeding that is pending	37278
in any court and are not admissible in evidence in any action or	37279
proceeding unless that action or proceeding is an appeal of an	37280
action by the department of health under this chapter or is an	37281
action by any department or agency of the state to enforce this	37282
chapter or another chapter of the Revised Code.	37283

(2) Nothing in division (E)(1) of this section prohibits the	37284
results of an inspection or investigation conducted under this	37285
section from being used in a criminal investigation or	37286
prosecution.	37287

Sec. 3721.03. (A) As used in this section, "person" has the	37288
same meaning as in section 1.59 of the Revised Code.	37289

(B) The director of health shall enforce the provisions of	37290
sections 3721.01 to 3721.13 and 3721.99 of the Revised Code and	37291
may issue orders to secure compliance with the provisions of these	37292
sections and the rules adopted under them. The director may hold	37293
hearings, issue subpoenas, compel testimony, and make	37294
adjudications.	37295

The director may issue an order revoking a license in the	37296
event the director finds, upon hearing or opportunity afforded	37297
pursuant to Chapter 119. of the Revised Code, that any of the	37298
following apply to a person, county home, or district home	37299
licensed under section 3721.07 of the Revised Code:	37300

(1) Has violated any of the provisions of Chapter 3721. of	37301
the Revised Code or rules adopted by the ~~public health council~~	37302
director under it;	37303

(2) Has violated any order issued by the director;

37304

(3) Is not, or any of its principals are not suitable,	37305
morally or financially to operate such an institution;	37306

(4) Is not furnishing humane, kind, and adequate treatment	37307
and care;	37308

(5) Has had a long-standing pattern of violations of this	37309
chapter or the rules adopted under it that has caused physical,	37310
emotional, mental, or psychosocial harm to one or more residents.	37311

Upon the issuance of any order of revocation, the person	37312
whose license is revoked, or the county home or district home that	37313
has its license revoked, may appeal in accordance with Chapter	37314
119. of the Revised Code.	37315

(C) Once the director notifies a person, county home, or	37316
district home licensed to operate a home that the license may be	37317
revoked or issues any order under this section, the person, county	37318
home, or district home shall not assign or transfer to another	37319
person or entity the right to operate the home. This prohibition	37320
shall remain in effect until proceedings under Chapter 119. of the	37321
Revised Code concerning the order or license revocation have been	37322
concluded or the director notifies the person, county home, or	37323
district home that the prohibition has been lifted.	37324

If a license is revoked under this section, the former	37325
license holder shall not assign or transfer or consent to	37326
assignment or transfer of the right to operate the home. Any	37327
attempted assignment or transfer to another person or entity is	37328
void.	37329

On revocation of a license, the former licensee shall take	37330
all necessary steps to cease operation of the home.	37331

The director of health shall not accept a certificate of need	37332
application under section 3702.52 of the Revised Code regarding a	37333
home if the license to operate the home has been revoked under	37334
this section.	37335

Sec. 3721.032. The state fire marshal shall enforce all	37336
statutes and rules pertaining to fire safety in homes and shall	37337
adopt rules pertaining to fire safety in homes as the marshal	37338
determines necessary. The rules adopted by the marshal shall be in	37339
addition to those fire safety rules that the board of building	37340
standards and the ~~public~~director of health ~~council~~ are empowered	37341
to adopt. In the event of a dispute between the marshal and	37342
another officer having responsibilities under sections 3721.01 to	37343
3721.09 of the Revised Code with respect to the interpretation or	37344
application of a specific fire safety statute or rule, the	37345
interpretation of the marshal shall prevail.	37346

Sec. 3721.04. (A) The ~~public~~director of health ~~council~~	37347
shall adopt and publish rules governing the operation of homes,	37348
which shall have uniform application throughout the state, and	37349
shall prescribe standards for homes with respect to, but not	37350
limited to, the following matters:	37351

(1) The minimum space requirements for occupants and	37352
equipping of the buildings in which homes are housed so as to	37353
ensure healthful, safe, sanitary, and comfortable conditions for	37354
all residents, so long as they are not inconsistent with Chapters	37355
3781. and 3791. of the Revised Code or with any rules adopted by	37356
the board of building standards and by the state fire marshal;	37357

(2) The number and qualifications of personnel, including	37358
management and nursing staff, for each class of home, and the	37359
qualifications of nurse aides, as defined in section 3721.21 of	37360
the Revised Code, used by long-term care facilities, as defined in	37361
that section;	37362

(3) The medical, rehabilitative, and recreational services to	37363
be provided by each class of home;	37364

(4) Dietetic services, including but not limited to	37365
sanitation, nutritional adequacy, and palatability of food;	37366

(5) The personal and social services to be provided by each	37367
class of home;	37368

(6) The business and accounting practices to be followed and	37369
the type of patient and business records to be kept by such homes;	37370

(7) The operation of adult day-care programs provided by and	37371
on the same site as homes licensed under this chapter;	37372

(8) The standards and procedures to be followed by	37373
residential care facilities in admitting and retaining a resident	37374
who requires the application of dressings, including requirements	37375
for charting and evaluating on a weekly basis;	37376

(9) The requirements for conducting weekly evaluations of	37377
residents receiving skilled nursing care in residential care	37378
facilities.	37379

(B) The ~~public health council~~director may adopt whatever	37380
additional rules are necessary to carry out or enforce the	37381
provisions of sections 3721.01 to 3721.09 and 3721.99 of the	37382
Revised Code.	37383

(C) The following apply to the ~~public health council~~director	37384
when adopting rules under division (A)(1) of this section	37385
regarding the equipping of the buildings in which homes are	37386
housed:	37387

(1) The rules shall not require that each resident sleeping	37388
room, or a percentage of the resident sleeping rooms, have a	37389
bathtub or shower that is directly accessible from or exclusively	37390
for the room.	37391

(2) The rules shall require that the privacy and dignity of	37392
residents be protected when the residents are transported to and	37393
from bathing facilities, prepare for bathing, and bathe.	37394

(D) The following apply to the ~~public health council~~director	37395
when adopting rules under division (A)(2) of this section	37396
regarding the number and qualifications of personnel in homes:	37397

(1) When adopting rules applicable to residential care	37398
facilities, the ~~public health council~~director shall take into	37399
consideration the effect that the following may have on the number	37400
of personnel needed:	37401

(a) Provision of personal care services;

37402

(b) Provision of part-time, intermittent skilled nursing care	37403
pursuant to division (C) of section 3721.011 of the Revised Code;	37404

(c) Provision of skilled nursing care to residents pursuant	37405
to division (D) of section 3721.011 of the Revised Code.	37406

(2) When adopting rules applicable to nursing homes, the	37407
~~public health council~~director shall require each nursing home to	37408
do both of the following:	37409

(a) Have sufficient direct care staff on each shift to meet	37410
the needs of the residents in an appropriate and timely manner;	37411

(b) Have the following individuals provide a minimum daily	37412
average of two and one-half hours of direct care per resident:	37413

(i) Registered nurses, including registered nurses who	37414
perform administrative and supervisory duties;	37415

(ii) Licensed practical nurses, including licensed practical	37416
nurses who perform administrative and supervisory duties;	37417

(iii) Nurse aides.

37418

(3) The rules prescribing qualifications of nurse aides used	37419
by long-term care facilities, as those terms are defined in	37420
section 3721.21 of the Revised Code, shall be no less stringent	37421
than the requirements, guidelines, and procedures established by	37422
the United States secretary of health and human services under	37423
~~sections~~section 1819 ~~and 1919~~ of the "Social Security Act," 49	37424
101 Stat. ~~620~~1330-160 (~~1935~~1987), 42 U.S.C. ~~301~~1395i-3, as	37425
amended, and section 1919 of the "Social Security Act," 101 Stat.	37426
1330-182 (1987), 42 U.S.C. 1396r, as amended.	37427

(E) The following apply to the director when adopting rules	37428
under division (A)(2) of this section regarding the number and	37429
qualifications of personnel in nursing homes or rules under	37430
division (A)(5) of this section regarding social services to be	37431
provided by nursing homes:	37432

(1) The rules shall not prescribe the number of individuals	37433
licensed as social workers under Chapter 4757. of the Revised Code	37434
that a nursing home with one hundred twenty or fewer beds must	37435
employ.	37436

(2) The rules shall require each nursing home with more than	37437
one hundred twenty beds to employ on a full-time basis one	37438
individual licensed as a social worker under Chapter 4757. of the	37439
Revised Code.	37440

(3) The rules shall require each nursing home to offer its	37441
residents medically related social services that assist the	37442
residents in attaining or maintaining their highest practicable	37443
physical, mental, and psychosocial well-being.	37444

Sec. 3721.07. Every person desiring to operate a home and	37445
the superintendent or administrator of each county home or	37446
district home for which a license as a residential care facility	37447
is sought shall apply for a license to the director of health. The	37448
director shall issue a license for the home, if after	37449
investigation of the applicant and, if required by section 3721.02	37450
of the Revised Code, inspection of the home, the following	37451
requirements or conditions are satisfied or complied with:	37452

(A) The applicant has not been convicted of a felony or a	37453
crime involving moral turpitude;	37454

(B) The applicant is not violating any of the rules ~~made~~	37455
adopted by the ~~public~~director of health ~~council~~ or any order	37456
issued by the director ~~of health~~;	37457

(C) The applicant has not had a license to operate the home	37458
revoked pursuant to section 3721.03 of the Revised Code because of	37459
any act or omission that jeopardized a resident's health, welfare,	37460
or safety nor has the applicant had a long-standing pattern of	37461
violations of this chapter or rules adopted under it that caused	37462
physical, emotional, mental, or psychosocial harm to one or more	37463
residents.	37464

(D) The buildings in which the home is housed have been	37465
approved by the state fire marshal or a township, municipal, or	37466
other legally constituted fire department approved by the marshal.	37467
In the approval of a home such agencies shall apply standards	37468
prescribed by the board of building standards, and by the state	37469
fire marshal, and by section 3721.071 of the Revised Code.	37470

(E) The applicant, if it is an individual, or the principal	37471
participants, if it is an association or a corporation, is or are	37472
suitable financially and morally to operate a home;	37473

(F) The applicant is equipped to furnish humane, kind, and	37474
adequate treatment and care;	37475

(G) The home does not maintain or contain:

37476

(1) Facilities for the performance of major surgical	37477
procedures;	37478

(2) Facilities for providing therapeutic radiation;

37479

(3) An emergency ward;

37480

(4) A clinical laboratory unless it is under the supervision	37481
of a clinical pathologist who is a licensed physician in this	37482
state;	37483

(5) Facilities for radiological examinations unless such	37484
examinations are performed only by a person licensed to practice	37485
medicine, surgery, or dentistry in this state.	37486

(H) The home does not accept or treat outpatients, except	37487
upon the written orders of a physician licensed in this state,	37488
maternity cases, boarding children, and does not house transient	37489
guests, other than participants in an adult day-care program, for	37490
twenty-four hours or less;	37491

(I) The home is in compliance with sections 3721.28 and	37492
3721.29 of the Revised Code.	37493

When the director issues a license, the license shall remain	37494
in effect until revoked by the director or voided at the request	37495
of the applicant; provided, there shall be an annual renewal fee	37496
payable during the month of January of each calendar year. Any	37497
licensed home that does not pay its renewal fee in January shall	37498
pay, beginning the first day of February, a late fee of one	37499
hundred dollars for each week or part thereof that the renewal fee	37500
is not paid. If either the renewal fee or the late fee is not paid	37501
by the fifteenth day of February, the director may, in accordance	37502
with Chapter 119. of the Revised Code, revoke the home's license.	37503

If, under division (B)(5) of section 3721.03 of the Revised	37504
Code, the license of a person has been revoked or the license of a	37505
county home or district home to operate as a residential care	37506
facility has been revoked, the director of health shall not issue	37507
a license to the person or home at any time. A person whose	37508
license is revoked, and a county home or district home that has	37509
its license as a residential care facility revoked other than	37510
under division (B)(5) of section 3721.03 of the Revised Code, for	37511
any reason other than nonpayment of the license renewal fee or	37512
late fees shall not be issued a new license under this chapter	37513
until a period of one year following the date of revocation has	37514
elapsed.	37515

Any applicant who is denied a license may appeal in	37516
accordance with Chapter 119. of the Revised Code.	37517

Sec. 3721.071. The buildings in which a home is housed shall	37518
be equipped with both an automatic fire extinguishing system and	37519
fire alarm system. Such systems shall conform to standards set	37520
forth in the regulations of the board of building standards and	37521
the state fire marshal.	37522

The time for compliance with the requirements imposed by this	37523
section shall be January 1, 1975, except that the date for	37524
compliance with the automatic fire extinguishing requirements is	37525
extended to January 1, 1976, provided the buildings of the home	37526
are otherwise in compliance with fire safety laws and regulations	37527
and:	37528

(A) The home within thirty days after August 4, 1975, files a	37529
written plan with the state fire marshal's office that:	37530

(1) Outlines the interim safety procedures which shall be	37531
carried out to reduce the possibility of a fire;	37532

(2) Provides evidence that the home has entered into an	37533
agreement for a fire safety inspection to be conducted not less	37534
than monthly by a qualified independent safety engineer consultant	37535
or a township, municipal, or other legally constituted fire	37536
department, or by a township or municipal fire prevention officer;	37537

(3) Provides verification that the home has entered into a	37538
valid contract for the installation of an automatic fire	37539
extinguishing system or fire alarm system, or both, as required to	37540
comply with this section;	37541

(4) Includes a statement regarding the expected date for the	37542
completion of the fire extinguishing system or fire alarm system,	37543
or both.	37544

(B) Inspections by a qualified independent safety engineer	37545
consultant or a township, municipal, or other legally constituted	37546
fire department, or by a township or municipal fire prevention	37547
officer are initiated no later than sixty days after August 4,	37548
1975, and are conducted no less than monthly thereafter, and	37549
reports of the consultant, fire department, or fire prevention	37550
officer identifying existing hazards and recommended corrective	37551
actions are submitted to the state fire marshal, the division of	37552
~~labor~~industrial compliance in the department of commerce, and the	37553
department of health.	37554

It is the express intent of the general assembly that the	37555
department of job and family services shall terminate payments	37556
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	37557
42 U.S.C. 301, as amended, to those homes which do not comply with	37558
the requirements of this section for the submission of a written	37559
fire safety plan and the deadline for entering into contracts for	37560
the installation of systems.	37561

Sec. 3721.121. (A) As used in this section:

37562

(1) "Adult day-care program" means a program operated	37563
pursuant to rules adopted by the ~~public~~director of health ~~council~~	37564
under section 3721.04 of the Revised Code and provided by and on	37565
the same site as homes licensed under this chapter.	37566

(2) "Applicant" means a person who is under final	37567
consideration for employment with a home or adult day-care program	37568
in a full-time, part-time, or temporary position that involves	37569
providing direct care to an older adult. "Applicant" does not	37570
include a person who provides direct care as a volunteer without	37571
receiving or expecting to receive any form of remuneration other	37572
than reimbursement for actual expenses.	37573

(3) "Criminal records check" ~~and "older adult" have~~has the	37574
same ~~meanings~~meaning as in section 109.572 of the Revised Code.	37575

(4) "Home" means a home as defined in section 3721.10 of the	37576
Revised Code.	37577

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

37578

(B)(1) Except as provided in division (I) of this section,	37579
the chief administrator of a home or adult day-care program shall	37580
request that the superintendent of the bureau of criminal	37581
identification and investigation conduct a criminal records check	37582
~~with respect to~~of each applicant. If an applicant for whom a	37583
criminal records check request is required under this division	37584
does not present proof of having been a resident of this state for	37585
the five-year period immediately prior to the date the criminal	37586
records check is requested or provide evidence that within that	37587
five-year period the superintendent has requested information	37588
about the applicant from the federal bureau of investigation in a	37589
criminal records check, the chief administrator shall request that	37590
the superintendent obtain information from the federal bureau of	37591
investigation as part of the criminal records check of the	37592
applicant. Even if an applicant for whom a criminal records check	37593
request is required under this division presents proof of having	37594
been a resident of this state for the five-year period, the chief	37595
administrator may request that the superintendent include	37596
information from the federal bureau of investigation in the	37597
criminal records check.	37598

(2) A person required by division (B)(1) of this section to	37599
request a criminal records check shall do both of the following:	37600

(a) Provide to each applicant for whom a criminal records	37601
check request is required under that division a copy of the form	37602
prescribed pursuant to division (C)(1) of section 109.572 of the	37603
Revised Code and a standard fingerprint impression sheet	37604
prescribed pursuant to division (C)(2) of that section, and obtain	37605
the completed form and impression sheet from the applicant;	37606

(b) Forward the completed form and impression sheet to the	37607
superintendent of the bureau of criminal identification and	37608
investigation.	37609

(3) An applicant provided the form and fingerprint impression	37610
sheet under division (B)(2)(a) of this section who fails to	37611
complete the form or provide fingerprint impressions shall not be	37612
employed in any position for which a criminal records check is	37613
required by this section.	37614

(C)(1) Except as provided in rules adopted by the director of	37615
health in accordance with division (F) of this section and subject	37616
to division (C)(2) of this section, no home or adult day-care	37617
program shall employ a person in a position that involves	37618
providing direct care to an older adult if the person has been	37619
convicted of or pleaded guilty to any of the following:	37620

(a) A violation of section 2903.01, 2903.02, 2903.03,	37621
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	37622
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	37623
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	37624
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	37625
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	37626
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	37627
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	37628
2925.22, 2925.23, or 3716.11 of the Revised Code.	37629

(b) A violation of an existing or former law of this state,	37630
any other state, or the United States that is substantially	37631
equivalent to any of the offenses listed in division (C)(1)(a) of	37632
this section.	37633

(2)(a) A home or an adult day-care program may employ	37634
conditionally an applicant for whom a criminal records check	37635
request is required under division (B) of this section prior to	37636
obtaining the results of a criminal records check regarding the	37637
individual, provided that the home or program shall request a	37638
criminal records check regarding the individual in accordance with	37639
division (B)(1) of this section not later than five business days	37640
after the individual begins conditional employment. In the	37641
circumstances described in division (I)(2) of this section, a home	37642
or adult day-care program may employ conditionally an applicant	37643
who has been referred to the home or adult day-care program by an	37644
employment service that supplies full-time, part-time, or	37645
temporary staff for positions involving the direct care of older	37646
adults and for whom, pursuant to that division, a criminal records	37647
check is not required under division (B) of this section.	37648

(b) A home or adult day-care program that employs an	37649
individual conditionally under authority of division (C)(2)(a) of	37650
this section shall terminate the individual's employment if the	37651
results of the criminal records check requested under division (B)	37652
of this section or described in division (I)(2) of this section,	37653
other than the results of any request for information from the	37654
federal bureau of investigation, are not obtained within the	37655
period ending thirty days after the date the request is made.	37656
Regardless of when the results of the criminal records check are	37657
obtained, if the results indicate that the individual has been	37658
convicted of or pleaded guilty to any of the offenses listed or	37659
described in division (C)(1) of this section, the home or program	37660
shall terminate the individual's employment unless the home or	37661
program chooses to employ the individual pursuant to division (F)	37662
of this section. Termination of employment under this division	37663
shall be considered just cause for discharge for purposes of	37664
division (D)(2) of section 4141.29 of the Revised Code if the	37665
individual makes any attempt to deceive the home or program about	37666
the individual's criminal record.	37667

(D)(1) Each home or adult day-care program shall pay to the	37668
bureau of criminal identification and investigation the fee	37669
prescribed pursuant to division (C)(3) of section 109.572 of the	37670
Revised Code for each criminal records check conducted pursuant to	37671
a request made under division (B) of this section.	37672

(2) A home or adult day-care program may charge an applicant	37673
a fee not exceeding the amount the home or program pays under	37674
division (D)(1) of this section. A home or program may collect a	37675
fee only if both of the following apply:	37676

(a) The home or program notifies the person at the time of	37677
initial application for employment of the amount of the fee and	37678
that, unless the fee is paid, the person will not be considered	37679
for employment;	37680

(b) The medical assistance program established under Chapter	37681
5111. of the Revised Code does not reimburse the home or program	37682
the fee it pays under division (D)(1) of this section.	37683

(E) The report of any criminal records check conducted	37684
pursuant to a request made under this section is not a public	37685
record for the purposes of section 149.43 of the Revised Code and	37686
shall not be made available to any person other than the	37687
following:	37688

(1) The individual who is the subject of the criminal records	37689
check or the individual's representative;	37690

(2) The chief administrator of the home or program requesting	37691
the criminal records check or the administrator's representative;	37692

(3) The administrator of any other facility, agency, or	37693
program that provides direct care to older adults that is owned or	37694
operated by the same entity that owns or operates the home or	37695
program;	37696

(4) A court, hearing officer, or other necessary individual	37697
involved in a case dealing with a denial of employment of the	37698
applicant or dealing with employment or unemployment benefits of	37699
the applicant;	37700

(5) Any person to whom the report is provided pursuant to,	37701
and in accordance with, division (I)(1) or (2) of this section;	37702

(6) The board of nursing for purposes of accepting and	37703
processing an application for a medication aide certificate issued	37704
under Chapter 4723. of the Revised Code.	37705

(F) In accordance with section 3721.11 of the Revised Code,	37706
the director of health shall adopt rules to implement this	37707
section. The rules shall specify circumstances under which a home	37708
or adult day-care program may employ a person who has been	37709
convicted of or pleaded guilty to an offense listed or described	37710
in division (C)(1) of this section but meets personal character	37711
standards set by the director.	37712

(G) The chief administrator of a home or adult day-care	37713
program shall inform each individual, at the time of initial	37714
application for a position that involves providing direct care to	37715
an older adult, that the individual is required to provide a set	37716
of fingerprint impressions and that a criminal records check is	37717
required to be conducted if the individual comes under final	37718
consideration for employment.	37719

(H) In a tort or other civil action for damages that is	37720
brought as the result of an injury, death, or loss to person or	37721
property caused by an individual who a home or adult day-care	37722
program employs in a position that involves providing direct care	37723
to older adults, all of the following shall apply:	37724

(1) If the home or program employed the individual in good	37725
faith and reasonable reliance on the report of a criminal records	37726
check requested under this section, the home or program shall not	37727
be found negligent solely because of its reliance on the report,	37728
even if the information in the report is determined later to have	37729
been incomplete or inaccurate;	37730

(2) If the home or program employed the individual in good	37731
faith on a conditional basis pursuant to division (C)(2) of this	37732
section, the home or program shall not be found negligent solely	37733
because it employed the individual prior to receiving the report	37734
of a criminal records check requested under this section;	37735

(3) If the home or program in good faith employed the	37736
individual according to the personal character standards	37737
established in rules adopted under division (F) of this section,	37738
the home or program shall not be found negligent solely because	37739
the individual prior to being employed had been convicted of or	37740
pleaded guilty to an offense listed or described in division	37741
(C)(1) of this section.	37742

(I)(1) The chief administrator of a home or adult day-care	37743
program is not required to request that the superintendent of the	37744
bureau of criminal identification and investigation conduct a	37745
criminal records check of an applicant if the applicant has been	37746
referred to the home or program by an employment service that	37747
supplies full-time, part-time, or temporary staff for positions	37748
involving the direct care of older adults and both of the	37749
following apply:	37750

(a) The chief administrator receives from the employment	37751
service or the applicant a report of the results of a criminal	37752
records check regarding the applicant that has been conducted by	37753
the superintendent within the one-year period immediately	37754
preceding the applicant's referral;	37755

(b) The report of the criminal records check demonstrates	37756
that the person has not been convicted of or pleaded guilty to an	37757
offense listed or described in division (C)(1) of this section, or	37758
the report demonstrates that the person has been convicted of or	37759
pleaded guilty to one or more of those offenses, but the home or	37760
adult day-care program chooses to employ the individual pursuant	37761
to division (F) of this section.	37762

(2) The chief administrator of a home or adult day-care	37763
program is not required to request that the superintendent of the	37764
bureau of criminal identification and investigation conduct a	37765
criminal records check of an applicant and may employ the	37766
applicant conditionally as described in this division, if the	37767
applicant has been referred to the home or program by an	37768
employment service that supplies full-time, part-time, or	37769
temporary staff for positions involving the direct care of older	37770
adults and if the chief administrator receives from the employment	37771
service or the applicant a letter from the employment service that	37772
is on the letterhead of the employment service, dated, and signed	37773
by a supervisor or another designated official of the employment	37774
service and that states that the employment service has requested	37775
the superintendent to conduct a criminal records check regarding	37776
the applicant, that the requested criminal records check will	37777
include a determination of whether the applicant has been	37778
convicted of or pleaded guilty to any offense listed or described	37779
in division (C)(1) of this section, that, as of the date set forth	37780
on the letter, the employment service had not received the results	37781
of the criminal records check, and that, when the employment	37782
service receives the results of the criminal records check, it	37783
promptly will send a copy of the results to the home or adult	37784
day-care program. If a home or adult day-care program employs an	37785
applicant conditionally in accordance with this division, the	37786
employment service, upon its receipt of the results of the	37787
criminal records check, promptly shall send a copy of the results	37788
to the home or adult day-care program, and division (C)(2)(b) of	37789
this section applies regarding the conditional employment.	37790

Sec. 3721.13. (A) The rights of residents of a home shall	37791
include, but are not limited to, the following:	37792

(1) The right to a safe and clean living environment pursuant	37793
to the medicare and medicaid programs and applicable state laws	37794
and ~~regulations prescribed~~rules adopted by the ~~public~~director of	37795
health ~~council~~;	37796

(2) The right to be free from physical, verbal, mental, and	37797
emotional abuse and to be treated at all times with courtesy,	37798
respect, and full recognition of dignity and individuality;	37799

(3) Upon admission and thereafter, the right to adequate and	37800
appropriate medical treatment and nursing care and to other	37801
ancillary services that comprise necessary and appropriate care	37802
consistent with the program for which the resident contracted.	37803
This care shall be provided without regard to considerations such	37804
as race, color, religion, national origin, age, or source of	37805
payment for care.	37806

(4) The right to have all reasonable requests and inquiries	37807
responded to promptly;	37808

(5) The right to have clothes and bed sheets changed as the	37809
need arises, to ensure the resident's comfort or sanitation;	37810

(6) The right to obtain from the home, upon request, the name	37811
and any specialty of any physician or other person responsible for	37812
the resident's care or for the coordination of care;	37813

(7) The right, upon request, to be assigned, within the	37814
capacity of the home to make the assignment, to the staff	37815
physician of the resident's choice, and the right, in accordance	37816
with the rules and written policies and procedures of the home, to	37817
select as the attending physician a physician who is not on the	37818
staff of the home. If the cost of a physician's services is to be	37819
met under a federally supported program, the physician shall meet	37820
the federal laws and regulations governing such services.	37821

(8) The right to participate in decisions that affect the	37822
resident's life, including the right to communicate with the	37823
physician and employees of the home in planning the resident's	37824
treatment or care and to obtain from the attending physician	37825
complete and current information concerning medical condition,	37826
prognosis, and treatment plan, in terms the resident can	37827
reasonably be expected to understand; the right of access to all	37828
information in the resident's medical record; and the right to	37829
give or withhold informed consent for treatment after the	37830
consequences of that choice have been carefully explained. When	37831
the attending physician finds that it is not medically advisable	37832
to give the information to the resident, the information shall be	37833
made available to the resident's sponsor on the resident's behalf,	37834
if the sponsor has a legal interest or is authorized by the	37835
resident to receive the information. The home is not liable for a	37836
violation of this division if the violation is found to be the	37837
result of an act or omission on the part of a physician selected	37838
by the resident who is not otherwise affiliated with the home.	37839

(9) The right to withhold payment for physician visitation if	37840
the physician did not visit the resident;	37841

(10) The right to confidential treatment of personal and	37842
medical records, and the right to approve or refuse the release of	37843
these records to any individual outside the home, except in case	37844
of transfer to another home, hospital, or health care system, as	37845
required by law or rule, or as required by a third-party payment	37846
contract;	37847

(11) The right to privacy during medical examination or	37848
treatment and in the care of personal or bodily needs;	37849

(12) The right to refuse, without jeopardizing access to	37850
appropriate medical care, to serve as a medical research subject;	37851

(13) The right to be free from physical or chemical	37852
restraints or prolonged isolation except to the minimum extent	37853
necessary to protect the resident from injury to self, others, or	37854
to property and except as authorized in writing by the attending	37855
physician for a specified and limited period of time and	37856
documented in the resident's medical record. Prior to authorizing	37857
the use of a physical or chemical restraint on any resident, the	37858
attending physician shall make a personal examination of the	37859
resident and an individualized determination of the need to use	37860
the restraint on that resident.	37861

Physical or chemical restraints or isolation may be used in	37862
an emergency situation without authorization of the attending	37863
physician only to protect the resident from injury to self or	37864
others. Use of the physical or chemical restraints or isolation	37865
shall not be continued for more than twelve hours after the onset	37866
of the emergency without personal examination and authorization by	37867
the attending physician. The attending physician or a staff	37868
physician may authorize continued use of physical or chemical	37869
restraints for a period not to exceed thirty days, and at the end	37870
of this period and any subsequent period may extend the	37871
authorization for an additional period of not more than thirty	37872
days. The use of physical or chemical restraints shall not be	37873
continued without a personal examination of the resident and the	37874
written authorization of the attending physician stating the	37875
reasons for continuing the restraint.	37876

If physical or chemical restraints are used under this	37877
division, the home shall ensure that the restrained resident	37878
receives a proper diet. In no event shall physical or chemical	37879
restraints or isolation be used for punishment, incentive, or	37880
convenience.	37881

(14) The right to the pharmacist of the resident's choice and	37882
the right to receive pharmaceutical supplies and services at	37883
reasonable prices not exceeding applicable and normally accepted	37884
prices for comparably packaged pharmaceutical supplies and	37885
services within the community;	37886

(15) The right to exercise all civil rights, unless the	37887
resident has been adjudicated incompetent pursuant to Chapter	37888
2111. of the Revised Code and has not been restored to legal	37889
capacity, as well as the right to the cooperation of the home's	37890
administrator in making arrangements for the exercise of the right	37891
to vote;	37892

(16) The right of access to opportunities that enable the	37893
resident, at the resident's own expense or at the expense of a	37894
third-party payer, to achieve the resident's fullest potential,	37895
including educational, vocational, social, recreational, and	37896
habilitation programs;	37897

(17) The right to consume a reasonable amount of alcoholic	37898
beverages at the resident's own expense, unless not medically	37899
advisable as documented in the resident's medical record by the	37900
attending physician or unless contradictory to written admission	37901
policies;	37902

(18) The right to use tobacco at the resident's own expense	37903
under the home's safety rules and under applicable laws and rules	37904
of the state, unless not medically advisable as documented in the	37905
resident's medical record by the attending physician or unless	37906
contradictory to written admission policies;	37907

(19) The right to retire and rise in accordance with the	37908
resident's reasonable requests, if the resident does not disturb	37909
others or the posted meal schedules and upon the home's request	37910
remains in a supervised area, unless not medically advisable as	37911
documented by the attending physician;	37912

(20) The right to observe religious obligations and	37913
participate in religious activities; the right to maintain	37914
individual and cultural identity; and the right to meet with and	37915
participate in activities of social and community groups at the	37916
resident's or the group's initiative;	37917

(21) The right upon reasonable request to private and	37918
unrestricted communications with the resident's family, social	37919
worker, and any other person, unless not medically advisable as	37920
documented in the resident's medical record by the attending	37921
physician, except that communications with public officials or	37922
with the resident's attorney or physician shall not be restricted.	37923
Private and unrestricted communications shall include, but are not	37924
limited to, the right to:	37925

(a) Receive, send, and mail sealed, unopened correspondence;

37926

(b) Reasonable access to a telephone for private	37927
communications;	37928

37929

(22) The right to assured privacy for visits by the spouse,	37930
or if both are residents of the same home, the right to share a	37931
room within the capacity of the home, unless not medically	37932
advisable as documented in the resident's medical record by the	37933
attending physician;	37934

(23) The right upon reasonable request to have room doors	37935
closed and to have them not opened without knocking, except in the	37936
case of an emergency or unless not medically advisable as	37937
documented in the resident's medical record by the attending	37938
physician;	37939

(24) The right to retain and use personal clothing and a	37940
reasonable amount of possessions, in a reasonably secure manner,	37941
unless to do so would infringe on the rights of other residents or	37942
would not be medically advisable as documented in the resident's	37943
medical record by the attending physician;	37944

(25) The right to be fully informed, prior to or at the time	37945
of admission and during the resident's stay, in writing, of the	37946
basic rate charged by the home, of services available in the home,	37947
and of any additional charges related to such services, including	37948
charges for services not covered under the medicare or medicaid	37949
program. The basic rate shall not be changed unless thirty days'	37950
notice is given to the resident or, if the resident is unable to	37951
understand this information, to the resident's sponsor.	37952

(26) The right of the resident and person paying for the care	37953
to examine and receive a bill at least monthly for the resident's	37954
care from the home that itemizes charges not included in the basic	37955
rates;	37956

(27)(a) The right to be free from financial exploitation;

37957

(b) The right to manage the resident's own personal financial	37958
affairs, or, if the resident has delegated this responsibility in	37959
writing to the home, to receive upon written request at least a	37960
quarterly accounting statement of financial transactions made on	37961
the resident's behalf. The statement shall include:	37962

(i) A complete record of all funds, personal property, or	37963
possessions of a resident from any source whatsoever, that have	37964
been deposited for safekeeping with the home for use by the	37965
resident or the resident's sponsor;	37966

(ii) A listing of all deposits and withdrawals transacted,	37967
which shall be substantiated by receipts which shall be available	37968
for inspection and copying by the resident or sponsor.	37969

(28) The right of the resident to be allowed unrestricted	37970
access to the resident's property on deposit at reasonable hours,	37971
unless requests for access to property on deposit are so	37972
persistent, continuous, and unreasonable that they constitute a	37973
nuisance;	37974

(29) The right to receive reasonable notice before the	37975
resident's room or roommate is changed, including an explanation	37976
of the reason for either change.	37977

(30) The right not to be transferred or discharged from the	37978
home unless the transfer is necessary because of one of the	37979
following:	37980

(a) The welfare and needs of the resident cannot be met in	37981
the home.	37982

(b) The resident's health has improved sufficiently so that	37983
the resident no longer needs the services provided by the home.	37984

37985

(d) The health of individuals in the home would otherwise be	37986
endangered.	37987

(e) The resident has failed, after reasonable and appropriate	37988
notice, to pay or to have the medicare or medicaid program pay on	37989
the resident's behalf, for the care provided by the home. A	37990
resident shall not be considered to have failed to have the	37991
resident's care paid for if the resident has applied for medicaid,	37992
unless both of the following are the case:	37993

(i) The resident's application, or a substantially similar	37994
previous application, has been denied by the county department of	37995
job and family services.	37996

(ii) If the resident appealed the denial pursuant to division	37997
(C) of section 5101.35 of the Revised Code, the director of job	37998
and family services has upheld the denial.	37999

(f) The home's license has been revoked, the home is being	38000
closed pursuant to section 3721.08, sections 5111.35 to 5111.62,	38001
or section 5155.31 of the Revised Code, or the home otherwise	38002
ceases to operate.	38003

(g) The resident is a recipient of medicaid, and the home's	38004
participation in the medicaid program is involuntarily terminated	38005
or denied.	38006

(h) The resident is a beneficiary under the medicare program,	38007
and the home's participation in the medicare program is	38008
involuntarily terminated or denied.	38009

(31) The right to voice grievances and recommend changes in	38010
policies and services to the home's staff, to employees of the	38011
department of health, or to other persons not associated with the	38012
operation of the home, of the resident's choice, free from	38013
restraint, interference, coercion, discrimination, or reprisal.	38014
This right includes access to a residents' rights advocate, and	38015
the right to be a member of, to be active in, and to associate	38016
with persons who are active in organizations of relatives and	38017
friends of nursing home residents and other organizations engaged	38018
in assisting residents.	38019

(32) The right to have any significant change in the	38020
resident's health status reported to the resident's sponsor. As	38021
soon as such a change is known to the home's staff, the home shall	38022
make a reasonable effort to notify the sponsor within twelve	38023
hours.	38024

(B) A sponsor may act on a resident's behalf to assure that	38025
the home does not deny the residents' rights under sections	38026
3721.10 to 3721.17 of the Revised Code.	38027

(C) Any attempted waiver of the rights listed in division (A)	38028
of this section is void.	38029

Sec. 3721.21. As used in sections 3721.21 to 3721.34 of the	38030
Revised Code:	38031

(A) "Long-term care facility" means either of the following:

38032

(1) A nursing home as defined in section 3721.01 of the	38033
Revised Code~~, other than a nursing home or part of a nursing home~~	38034
~~certified as an intermediate care facility for the mentally~~	38035
~~retarded under Title XIX of the "Social Security Act," 49 Stat.~~	38036
~~620 (1935), 42 U.S.C.A. 301, as amended~~;	38037

(2) A facility or part of a facility that is certified as a	38038
skilled nursing facility or a nursing facility under Title XVIII	38039
or XIX of the "Social Security Act."	38040

(B) "Residential care facility" has the same meaning as in	38041
section 3721.01 of the Revised Code.	38042

(C) "Abuse" means knowingly causing physical harm or	38043
recklessly causing serious physical harm to a resident by physical	38044
contact with the resident or by use of physical or chemical	38045
restraint, medication, or isolation as punishment, for staff	38046
convenience, excessively, as a substitute for treatment, or in	38047
amounts that preclude habilitation and treatment.	38048

(D) "Neglect" means recklessly failing to provide a resident	38049
with any treatment, care, goods, or service necessary to maintain	38050
the health or safety of the resident when the failure results in	38051
serious physical harm to the resident. "Neglect" does not include	38052
allowing a resident, at the resident's option, to receive only	38053
treatment by spiritual means through prayer in accordance with the	38054
tenets of a recognized religious denomination.	38055

(E) "Misappropriation" means depriving, defrauding, or	38056
otherwise obtaining the real or personal property of a resident by	38057
any means prohibited by the Revised Code, including violations of	38058
Chapter 2911. or 2913. of the Revised Code.	38059

(F) "Resident" includes a resident, patient, former resident	38060
or patient, or deceased resident or patient of a long-term care	38061
facility or a residential care facility.	38062

(G) "Physical restraint" has the same meaning as in section	38063
3721.10 of the Revised Code.	38064

(H) "Chemical restraint" has the same meaning as in section	38065
3721.10 of the Revised Code.	38066

(I) "Nursing and nursing-related services" means the personal	38067
care services and other services not constituting skilled nursing	38068
care that are specified in rules the ~~public~~director of health	38069
~~council~~ shall adopt in accordance with Chapter 119. of the Revised	38070
Code.	38071

(J) "Personal care services" has the same meaning as in	38072
section 3721.01 of the Revised Code.	38073

(K)(1) Except as provided in division (K)(2) of this section,	38074
"nurse aide" means an individual who provides nursing and	38075
nursing-related services to residents in a long-term care	38076
facility, either as a member of the staff of the facility for	38077
monetary compensation or as a volunteer without monetary	38078
compensation.	38079

(2) "Nurse aide" does not include either of the following:

38080

(a) A licensed health professional practicing within the	38081
scope of the professional's license;	38082

(b) An individual providing nursing and nursing-related	38083
services in a religious nonmedical health care institution, if the	38084
individual has been trained in the principles of nonmedical care	38085
and is recognized by the institution as being competent in the	38086
administration of care within the religious tenets practiced by	38087
the residents of the institution.	38088

(L) "Licensed health professional" means all of the	38089
following:	38090

(1) An occupational therapist or occupational therapy	38091
assistant licensed under Chapter 4755. of the Revised Code;	38092

(2) A physical therapist or physical therapy assistant	38093
licensed under Chapter 4755. of the Revised Code;	38094

(3) A physician authorized under Chapter 4731. of the Revised	38095
Code to practice medicine and surgery, osteopathic medicine and	38096
surgery, or podiatry;	38097

(4) A physician assistant authorized under Chapter 4730. of	38098
the Revised Code to practice as a physician assistant;	38099

(5) A registered nurse or licensed practical nurse licensed	38100
under Chapter 4723. of the Revised Code;	38101

(6) A social worker or independent social worker licensed	38102
under Chapter 4757. of the Revised Code or a social work assistant	38103
registered under that chapter;	38104

(7) A speech-language pathologist or audiologist licensed	38105
under Chapter 4753. of the Revised Code;	38106

(8) A dentist or dental hygienist licensed under Chapter	38107
4715. of the Revised Code;	38108

(9) An optometrist licensed under Chapter 4725. of the	38109
Revised Code;	38110

(10) A pharmacist licensed under Chapter 4729. of the Revised	38111
Code;	38112

(11) A psychologist licensed under Chapter 4732. of the	38113
Revised Code;	38114

(12) A chiropractor licensed under Chapter 4734. of the	38115
Revised Code;	38116

(13) A nursing home administrator licensed or temporarily	38117
licensed under Chapter 4751. of the Revised Code;	38118

(14) A professional counselor or professional clinical	38119
counselor licensed under Chapter 4757. of the Revised Code.	38120

(M) "Religious nonmedical health care institution" means an	38121
institution that meets or exceeds the conditions to receive	38122
payment under the medicare program established under Title XVIII	38123
of the "Social Security Act" for inpatient hospital services or	38124
post-hospital extended care services furnished to an individual in	38125
a religious nonmedical health care institution, as defined in	38126
section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286	38127
(1965), 42 U.S.C. 1395x(ss)(1), as amended.	38128

(N) "Competency evaluation program" means a program through	38129
which the competency of a nurse aide to provide nursing and	38130
nursing-related services is evaluated.	38131

(O) "Training and competency evaluation program" means a	38132
program of nurse aide training and evaluation of competency to	38133
provide nursing and nursing-related services.	38134

Sec. 3721.28. (A)(1) Each nurse aide used by a long-term	38135
care facility on a full-time, temporary, per diem, or other basis	38136
on July 1, 1989, shall be provided by the facility a competency	38137
evaluation program approved by the director of health under	38138
division (A) of section 3721.31 of the Revised Code or conducted	38139
by ~~him~~the director under division (C) of that section. Each	38140
long-term care facility using a nurse aide on July 1, 1989, shall	38141
provide the nurse aide the preparation necessary to complete the	38142
competency evaluation program by January 1, 1990.	38143

(2) Each nurse aide used by a long-term care facility on a	38144
full-time, temporary, per diem, or other basis on January 1, 1990,	38145
who either was not used by the facility on July 1, 1989, or was	38146
used by the facility on July 1, 1989, but had not successfully	38147
completed a competency evaluation program by January 1, 1990,	38148
shall be provided by the facility a competency evaluation program	38149
approved by the director under division (A) of section 3721.31 of	38150
the Revised Code or conducted by ~~him~~the director under division	38151
(C) of that section. Each long-term care facility using a nurse	38152
aide described in division (A)(2) of this section shall provide	38153
the nurse aide the preparation necessary to complete the	38154
competency evaluation program by October 1, 1990, and shall assist	38155
the nurse aide in registering for the program.	38156

(B) Effective June 1, 1990, no long-term care facility shall	38157
use an individual as a nurse aide for more than four months unless	38158
the individual is competent to provide the services hethe	38159
individual is to provide, the facility has received from the nurse	38160
aide registry established under section 3721.32 of the Revised	38161
Code the information concerning the individual provided through	38162
the registry, and one of the following is the case:	38163

(1) The individual was used by a facility as a nurse aide on	38164
a full-time, temporary, per diem, or other basis at any time	38165
during the period commencing July 1, 1989, and ending January 1,	38166
1990, and successfully completed, not later than October 1, 1990,	38167
a competency evaluation program approved by the director under	38168
division (A) of section 3721.31 of the Revised Code or conducted	38169
by ~~him~~the director under division (C) of that section.	38170

(2) The individual has successfully completed a training and	38171
competency evaluation program approved by the director under	38172
division (A) of section 3721.31 of the Revised Code or conducted	38173
by ~~him~~the director under division (C) of that section or has met	38174
the conditions specified in division (F) of this section and, in	38175
addition, if the training and competency evaluation program or the	38176
training, instruction, or education the individual completed in	38177
meeting the conditions specified in division (F) of this section	38178
was conducted by or in a long-term care facility, or if the	38179
director pursuant to division (E) of section 3721.31 of the	38180
Revised Code so requires, the individual has successfully	38181
completed a competency evaluation program conducted by the	38182
director.	38183

(3) Prior to July 1, 1989, if the long-term care facility is	38184
certified as a skilled nursing facility or a nursing facility	38185
under Title XVIII or XIX of the "Social Security Act," 49 Stat.	38186
620 (1935), 42 U.S.C.A. 301, as amended, or prior to January 1,	38187
1990, if the facility is not so certified, the individual	38188
completed a program that the director determines included a	38189
competency evaluation component no less stringent than the	38190
competency evaluation programs approved by ~~him~~the director under	38191
division (A) of section 3721.31 of the Revised Code or conducted	38192
by ~~him~~the director under division (C) of that section, and was	38193
otherwise comparable to the training and competency evaluation	38194
programs being approved by the director under division (A) of that	38195
section.	38196

(4) The individual is listed in a nurse aide registry	38197
maintained by another state and that state certifies that its	38198
program for training and evaluation of competency of nurse aides	38199
complies with Titles XVIII and XIX of the "Social Security Act"	38200
and regulations adopted thereunder.	38201

(5) Prior to July 1, 1989, the individual was found competent	38202
to serve as a nurse aide after the completion of a course of nurse	38203
aide training of at least one hundred hours' duration.	38204

(6) The individual is enrolled in a prelicensure program of	38205
nursing education approved by the board of nursing or by an agency	38206
of another state that regulates nursing education, has provided	38207
the long-term care facility with a certificate from the program	38208
indicating that the individual has successfully completed the	38209
courses that teach basic nursing skills including infection	38210
control, safety and emergency procedures, and personal care, and	38211
has successfully completed a competency evaluation program	38212
conducted by the director under division (C) of section 3721.31 of	38213
the Revised Code.	38214

(7) The individual has the equivalent of twelve months or	38215
more of full-time employment in the preceding five years as a	38216
hospital aide or orderly and has successfully completed a	38217
competency evaluation program conducted by the director under	38218
division (C) of section 3721.31 of the Revised Code.	38219

(C) Effective June 1, 1990, no long-term care facility shall	38220
continue for longer than four months to use as a nurse aide an	38221
individual who previously met the requirements of division (B) of	38222
this section but since most recently doing so has not performed	38223
nursing and nursing-related services for monetary compensation for	38224
twenty-four consecutive months, unless the individual successfully	38225
completes additional training and competency evaluation by	38226
complying with divisions (C)(1) and (2) of this section:	38227

(1) Doing one of the following:

38228

(a) Successfully completing a training and competency	38229
evaluation program approved by the director under division (A) of	38230
section 3721.31 of the Revised Code or conducted by ~~him~~the	38231
director under division (C) of that section;	38232

(b) Successfully completing a training and competency	38233
evaluation program described in division (B)(4) of this section;	38234

(c) Meeting the requirements specified in division (B)(6) or	38235
(7) of this section.	38236

(2) If the training and competency evaluation program	38237
completed under division (C)(1)(a) of this section was conducted	38238
by or in a long-term care facility, or if the director pursuant to	38239
division (E) of section 3721.31 of the Revised Code so requires,	38240
successfully completing a competency evaluation program conducted	38241
by the director.	38242

(D)(1) The four-month periods provided for in divisions (B)	38243
and (C) of this section include any time, on or after June 1,	38244
1990, that an individual is used as a nurse aide on a full-time,	38245
temporary, per diem, or any other basis by the facility or any	38246
other long-term care facility.	38247

(2) During the four-month period provided for in division (B)	38248
of this section, during which a long-term care facility may,	38249
subject to division (E) of this section, use as a nurse aide an	38250
individual who does not have the qualifications specified in	38251
divisions (B)(1) to (7) of this section, a facility shall require	38252
the individual to comply with divisions (D)(2)(a) and (b) of this	38253
section:	38254

(a) Participate in one of the following:

38255

(i) If the individual has successfully completed a training	38256
and competency evaluation program approved by the director under	38257
division (A) of section 3721.31 of the Revised Code, and the	38258
program was conducted by or in a long-term care facility, or the	38259
director pursuant to division (E) of section 3721.31 of the	38260
Revised Code so requires, a competency evaluation program	38261
conducted by the director;	38262

(ii) If the individual is enrolled in a prelicensure program	38263
of nursing education described in division (B)(6) of this section	38264
and has completed or is working toward completion of the courses	38265
described in that division, or the individual has the experience	38266
described in division (B)(7) of this section, a competency	38267
evaluation program conducted by the director;	38268

(iii) A training and competency evaluation program approved	38269
by the director under division (A) of section 3721.31 of the	38270
Revised Code or conducted by ~~him~~the director under division (C)	38271
of that section.	38272

(b) If the individual participates in or has successfully	38273
completed a training and competency evaluation program under	38274
division (D)(2)(a)(iii) of this section that is conducted by or in	38275
a long-term care facility, or the director pursuant to division	38276
(E) of section 3721.31 of the Revised Code so requires, ~~paticipate~~	38277
participate in a competency evaluation program conducted by the	38278
director.	38279

(3) During the four-month period provided for in division (C)	38280
of this section, during which a long-term care facility may,	38281
subject to division (E) of this section, use as a nurse aide an	38282
individual who does not have the qualifications specified in	38283
divisions (C)(1) and (2) of this section, a facility shall require	38284
the individual to comply with divisions (D)(3)(a) and (b) of this	38285
section:	38286

(a) Participate in one of the following:

38287

(i) If the individual has successfully completed a training	38288
and competency evaluation program approved by the director, and	38289
the program was conducted by or in a long-term care facility, or	38290
the director pursuant to division (E) of section 3721.31 of the	38291
Revised Code so requires, a competency evaluation program	38292
conducted by the director;	38293

(ii) If the individual is enrolled in a prelicensure program	38294
of nursing education described in division (B)(6) of this section	38295
and has completed or is working toward completion of the courses	38296
described in that division, or the individual has the experience	38297
described in division (B)(7) of this section, a competency	38298
evaluation program conducted by the director;	38299

(iii) A training and competency evaluation program approved	38300
or conducted by the director.	38301

(b) If the individual participates in or has successfully	38302
completed a training and competency evaluation program under	38303
division (D)(3)(a)(iii) of this section that is conducted by or in	38304
a long-term care facility, or the director pursuant to division	38305
(E) of section 3721.31 of the Revised Code so requires,	38306
participate in a competency evaluation program conducted by the	38307
director.	38308

(E) A long-term care facility shall not permit an individual	38309
used by the facility as a nurse aide while participating in a	38310
training and competency evaluation program to provide nursing and	38311
nursing-related services unless both of the following are the	38312
case:	38313

(1) The individual has completed the number of hours of	38314
training that he must ~~complete~~be completed prior to providing	38315
services to residents as prescribed by rules that shall be adopted	38316
by the director in accordance with Chapter 119. of the Revised	38317
Code;	38318

(2) The individual is under the personal supervision of a	38319
registered or licensed practical nurse licensed under Chapter	38320
4723. of the Revised Code.	38321

(F) An individual shall be considered to have satisfied the	38322
requirement, under division (B)(2) of this section, of having	38323
successfully completed a training and competency evaluation	38324
program conducted or approved by the director, if the individual	38325
meets both of the following conditions:	38326

(1) The individual, as of July 1, 1989, completed at least	38327
sixty hours divided between skills training and classroom	38328
instruction in the topic areas described in divisions (B)(1) to	38329
(8) of section 3721.30 of the Revised Code;	38330

(2) The individual received, as of that date, at least the	38331
difference between seventy-five hours and the number of hours	38332
actually spent in training and competency evaluation in supervised	38333
practical nurse aide training or regular in-service nurse aide	38334
education.	38335

(G) The ~~public health council~~director shall adopt rules in	38336
accordance with Chapter 119. of the Revised Code specifying	38337
persons, in addition to the director, who may establish competence	38338
of nurse aides under division (B)(5) of this section, and	38339
establishing criteria for determining whether an individual meets	38340
the conditions specified in division (F) of this section.	38341

(H) The rules adopted pursuant to divisions (E)(1) and (G) of	38342
this section shall be no less stringent than the requirements,	38343
guidelines, and procedures established by the United States	38344
secretary of health and human services under sections 1819 and	38345
1919 of the "Social Security Act."	38346

Sec. 3721.29. In addition to competency evaluation programs	38347
and training and competency evaluation programs required by this	38348
chapter, each long-term care facility shall provide both of the	38349
following to each nurse aide it uses:	38350

(A) An orientation program that includes at least an	38351
explanation of the organizational structure of the facility, its	38352
policies and procedures, its philosophy of care, a description of	38353
its resident population, and an enumeration of its employee rules;	38354

(B) Regular performance review and in-service education to	38355
assure that individuals working in the facility as nurse aides are	38356
competent to perform the nursing and nursing-related services they	38357
perform. In-service education shall include training for nurse	38358
aides providing nursing and nursing-related services to residents	38359
and patients with cognitive impairments.	38360

The ~~public~~director of health ~~council~~ shall adopt rules to	38361
implement the purposes of this section. The rules shall be no less	38362
stringent than the requirements, guidelines, and procedures	38363
established by the United States secretary of health and human	38364
services under sections 1819 and 1919 of the "Social Security	38365
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended.	38366

Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the	38367
Revised Code:	38368

(A) "Bed surrender" means the following:

38369

(1) In the case of a nursing home, the removal of a bed from	38370
a nursing home's licensed capacity in a manner that reduces the	38371
total licensed capacity of all nursing homes;	38372

(2) In the case of a hospital, the removal of a hospital bed	38373
from registration under section 3701.07 of the Revised Code as a	38374
skilled nursing facility bed or long-term care bed in a manner	38375
that reduces the total number of hospital beds registered under	38376
that section as skilled nursing facility beds or long-term care	38377
beds.	38378

(B) "Change of operator" means an entering operator becoming	38379
the operator of a nursing home or hospital in the place of the	38380
exiting operator.	38381

(1) Actions that constitute a change of operator include the	38382
following:	38383

(a) A change in an exiting operator's form of legal	38384
organization, including the formation of a partnership or	38385
corporation from a sole proprietorship;	38386

(b) A transfer of all the exiting operator's ownership	38387
interest in the operation of the nursing home or hospital to the	38388
entering operator, regardless of whether ownership of any or all	38389
of the real property or personal property associated with the	38390
nursing home or hospital is also transferred;	38391

(c) A lease of the nursing home or hospital to the entering	38392
operator or the exiting operator's termination of the exiting	38393
operator's lease;	38394

(d) If the exiting operator is a partnership, dissolution of	38395
the partnership;	38396

(e) If the exiting operator is a partnership, a change in	38397
composition of the partnership unless both of the following apply:	38398

(i) The change in composition does not cause the	38399
partnership's dissolution under state law.	38400

(ii) The partners agree that the change in composition does	38401
not constitute a change in operator.	38402

(f) If the operator is a corporation, dissolution of the	38403
corporation, a merger of the corporation into another corporation	38404
that is the survivor of the merger, or a consolidation of one or	38405
more other corporations to form a new corporation.	38406

(2) The following, alone, do not constitute a change of	38407
operator:	38408

(a) A contract for an entity to manage a nursing home or	38409
hospital as the operator's agent, subject to the operator's	38410
approval of daily operating and management decisions;	38411

(b) A change of ownership, lease, or termination of a lease	38412
of real property or personal property associated with a nursing	38413
home or hospital if an entering operator does not become the	38414
operator in place of an exiting operator;	38415

(c) If the operator is a corporation, a change of one or more	38416
members of the corporation's governing body or transfer of	38417
ownership of one or more shares of the corporation's stock, if the	38418
same corporation continues to be the operator.	38419

(C) "Effective date of a change of operator" means the day an	38420
entering operator becomes the operator of a nursing home or	38421
hospital.	38422

(D) "Entering operator" means the person or government entity	38423
that will become the operator of a nursing home or hospital on the	38424
effective date of a change of operator.	38425

(E) "Exiting operator" means an operator that will cease to	38426
be the operator of a nursing home or hospital on the effective	38427
date of a change of operator.	38428

(F) "Franchise permit fee rate" means the following:

38429

(1) For fiscal year 2012, eleven dollars and forty-seven	38430
cents;	38431

(2) For fiscal year 2013 and each fiscal year thereafter,	38432
eleven dollars and sixty-seven cents.	38433

(G) "Hospital" has the same meaning as in section 3727.01 of	38434
the Revised Code.	38435

(H) "Hospital long-term care unit" means any distinct part of	38436
a hospital in which any of the following beds are located:	38437

(1) Beds registered pursuant to section 3701.07 of the	38438
Revised Code as skilled nursing facility beds or long-term care	38439
beds;	38440

(2) Beds licensed as nursing home beds under section 3721.02	38441
or 3721.09 of the Revised Code.	38442

(I) "Indirect guarantee percentage" means the percentage	38443
specified in section 1903(w)(4)(C)(ii) of the "Social Security	38444
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii) that is	38445
to be used in determining whether a class of providers is	38446
indirectly held harmless for any portion of the costs of a	38447
broad-based health-care-related tax. If the indirect guarantee	38448
percentage changes during a fiscal year, the indirect guarantee	38449
percentage is the following:	38450

(1) For the part of the fiscal year before the change takes	38451
effect, the percentage in effect before the change;	38452

(2) For the part of the fiscal year beginning with the date	38453
the indirect guarantee percentage changes, the new percentage.	38454

(J) ~~"Inpatient days" means all days during which a resident~~	38455
~~of a nursing facility, regardless of payment source, occupies a~~	38456
~~bed in the nursing facility that is included in the facility's~~	38457
~~certified capacity under Title XIX. Therapeutic or hospital leave~~	38458
~~days for which payment is made under section 5111.26 of the~~	38459
~~Revised Code are considered inpatient days proportionate to the~~	38460
~~percentage of the facility's per resident per day rate paid for~~	38461
~~those days.~~	38462

~~(K)~~ "Medicaid" has the same meaning as in section 5111.01 of	38463
the Revised Code.	38464

~~(L) "Medicaid day" means all days during which a resident who~~	38465
~~is a medicaid recipient occupies a bed in a nursing facility that~~	38466
~~is included in the facility's certified capacity under Title XIX.~~	38467
~~Therapeutic or hospital leave days for which payment is made under~~	38468
~~section 5111.26 of the Revised Code are considered medicaid days~~	38469
~~proportionate to the percentage of the nursing facility's per~~	38470
~~resident per day rate for those days.~~	38471

~~(M)~~(K) "Medicare" means the program established by Title	38472
XVIII.	38473

~~(N)~~(L) "Nursing facility" has the same meaning as in section	38474
5111.20 of the Revised Code.	38475

~~(O)~~(M)(1) "Nursing home" means all of the following:

38476

(a) A nursing home licensed under section 3721.02 or 3721.09	38477
of the Revised Code, including any part of a home for the aging	38478
licensed as a nursing home;	38479

(b) A facility or part of a facility, other than a hospital,	38480
that is certified as a skilled nursing facility under Title XVIII;	38481

(c) A nursing facility, other than a portion of a hospital	38482
certified as a nursing facility.	38483

(2) "Nursing home" does not include ~~any~~either of the	38484
following:	38485

(a) A county home, county nursing home, or district home	38486
operated pursuant to Chapter 5155. of the Revised Code;	38487

(b) A nursing home maintained and operated by the department	38488
of veterans services under section 5907.01 of the Revised Code;	38489

~~(c) A nursing home or part of a nursing home licensed under~~	38490
~~section 3721.02 or 3721.09 of the Revised Code that is certified~~	38491
~~as an intermediate care facility for the mentally retarded under~~	38492
~~Title XIX~~.	38493

~~(P)~~(N) "Operator" means the person or government entity	38494
responsible for the daily operating and management decisions for a	38495
nursing home or hospital.	38496

~~(Q)~~(O) "Title XIX" means Title XIX of the "Social Security	38497
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	38498

~~(R)~~(P) "Title XVIII" means Title XVIII of the "Social	38499
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	38500

Sec. 3721.51. The department of job and family services	38501
shall do all of the following:	38502

(A) Subject to sections 3721.512, 3721.513, and 3721.531 of	38503
the Revised Code and divisions (C) and (D) of this section and for	38504
the purposes specified in section 3721.56 of the Revised Code,	38505
determine an annual franchise permit fee on each nursing home in	38506
an amount equal to the franchise permit fee rate multiplied by the	38507
product of the following:	38508

(1) The number of beds licensed as nursing home beds, plus	38509
any other beds certified as skilled nursing facility beds under	38510
Title XVIII or nursing facility beds under Title XIX on the first	38511
day of May of the calendar year in which the fee is determined	38512
pursuant to division (A) of section 3721.53 of the Revised Code;	38513

(2) The number of days in the fiscal year beginning on the	38514
first day of July of the calendar year in which the fee is	38515
determined pursuant to division (A) of section 3721.53 of the	38516
Revised Code.	38517

(B) Subject to sections 3721.512, 3721.513, and 3721.531 of	38518
the Revised Code and divisions (C) and (D) of this section and for	38519
the purposes specified in section 3721.56 of the Revised Code,	38520
determine an annual franchise permit fee on each hospital in an	38521
amount equal to the franchise permit fee rate multiplied by the	38522
product of the following:	38523

(1) The number of beds registered pursuant to section 3701.07	38524
of the Revised Code as skilled nursing facility beds or long-term	38525
care beds, plus any other beds licensed as nursing home beds under	38526
section 3721.02 or 3721.09 of the Revised Code, on the first day	38527
of May of the calendar year in which the fee is determined	38528
pursuant to division (A) of section 3721.53 of the Revised Code;	38529

(2) The number of days in the fiscal year beginning on the	38530
first day of July of the calendar year in which the fee is	38531
determined pursuant to division (A) of section 3721.53 of the	38532
Revised Code.	38533

(C) If the total amount of the franchise permit fee assessed	38534
under divisions (A) and (B) of this section for a fiscal year	38535
exceeds the indirect guarantee percentage of the actual net	38536
patient revenue for all nursing homes and hospital long-term care	38537
units for that fiscal year and seventy-five per cent or more of	38538
the combined total number of nursing homes and hospital long-term	38539
care units receive enhanced medicaid payments or other state	38540
payments equal to seventy-five per cent or more of their total	38541
franchise permit fee assessments, do both of the following:	38542

(1) Recalculate the assessments under divisions (A) and (B)	38543
of this section using a per bed per day rate equal to the indirect	38544
guarantee percentage of actual net patient revenue for all nursing	38545
homes and hospital long-term care units for that fiscal year;	38546

(2) Refund the difference between the amount of the franchise	38547
permit fee assessed for that fiscal year under divisions (A) and	38548
(B) of this section and the amount recalculated under division	38549
(C)(1) of this section as a credit against the assessments imposed	38550
under divisions (A) and (B) of this section for the subsequent	38551
fiscal year.	38552

(D) If the United States centers for medicare and medicaid	38553
services determines that the franchise permit fee established by	38554
sections 3721.50 to 3721.58 of the Revised Code is an	38555
impermissible health care-related tax under section 1903(w) of the	38556
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	38557
amended, take all necessary actions to cease implementation of	38558
sections 3721.50 to 3721.58 of the Revised Code in accordance with	38559
rules adopted under section 3721.58 of the Revised Code.	38560

Sec. 3723.06. (A) The director of health shall license radon	38561
testers, mitigation specialists, and mitigation contractors. Each	38562
applicant for a license shall submit a completed application to	38563
the director on a form the director shall prescribe and furnish.	38564

(B) In accordance with rules adopted ~~by the public health~~	38565
~~council~~ under section 3723.09 of the Revised Code, the director	38566
shall issue the appropriate license to each applicant that pays	38567
the license fee prescribed by the ~~council~~director, meets the	38568
licensing criteria established by the ~~council~~director, and	38569
complies with any other licensing and training requirements	38570
established by the ~~council~~director. An individual, business	38571
entity, or government entity may hold more than one license issued	38572
under this section, but a separate application is required for	38573
each license.	38574

(C) Notwithstanding division (B) of this section, the	38575
director shall issue a radon mitigation contractor license on	38576
request to the holder of a radon mitigation specialist license if	38577
the license holder is the owner or chief stockholder of a business	38578
entity for which hethe license holder is the only individual who	38579
will work as a radon mitigation specialist. The licensing criteria	38580
and any other licensing and training requirements the individual	38581
was required to meet to qualify for the radon mitigation	38582
specialist license are hereby deemed to satisfy any and all	38583
criteria and requirements for a radon mitigation contractor	38584
license. A license issued under this division shall expire at the	38585
same time as the individual's radon mitigation specialist license.	38586
No license fee shall be imposed for a license issued under this	38587
division.	38588

(D) A license issued under this section expires biennially	38589
and may be renewed by the director in accordance with criteria and	38590
procedures established ~~by the public health council~~in rules	38591
adopted under section 3723.09 of the Revised Code and on payment	38592
of the license renewal fee prescribed ~~by the council~~in those	38593
rules.	38594

(E) In accordance with Chapter 119. of the Revised Code, the	38595
director may do either of the following:	38596

(1) Refuse to issue a license to an individual, business	38597
entity, or government entity that does not meet the requirements	38598
of this chapter or the rules adopted under it or has been in	38599
violation of those requirements;	38600

(2) Suspend, revoke, or refuse to renew the license of an	38601
individual, business entity, or government entity that is or has	38602
been in violation of the requirements of this chapter or the rules	38603
adopted under it.	38604

Sec. 3723.07. The director of health shall approve all of	38605
the following:	38606

(A) Licensure training courses for radon testers and	38607
mitigation specialists;	38608

(B) Training courses for employees of mitigation contractors;

38609

38610

Each applicant for approval shall submit a completed	38611
application to the director on a form the director shall prescribe	38612
and furnish.	38613

In accordance with rules adopted ~~by the public health council~~	38614
under section 3723.09 of the Revised Code, the director shall	38615
issue the appropriate approval to each applicant that pays the	38616
approval fee prescribed by the ~~council~~director and meets the	38617
criteria for approval established by the ~~council~~director.	38618

In accordance with Chapter 119. of the Revised Code, the	38619
director may refuse to issue an approval and may revoke or suspend	38620
an approval issued under this section if the operator of the	38621
course or laboratory fails to meet the criteria established by the	38622
~~public health council~~director.	38623

Sec. 3723.09. (A) To protect the health of individuals	38624
inhabiting, occupying, or frequenting buildings, the ~~public~~	38625
director of health ~~council~~ shall adopt rules to implement the	38626
requirements of this chapter. All rules adopted under this section	38627
shall be adopted in accordance with Chapter 119. of the Revised	38628
Code.	38629

(B) The ~~public health council~~director shall adopt rules	38630
establishing criteria and procedures ~~to be followed by the~~	38631
~~director of health in~~for issuing and renewing licenses under	38632
section 3723.06 of the Revised Code to radon testers, mitigation	38633
specialists, and mitigation contractors. The rules may require	38634
that all applicants for licensure as a radon tester or mitigation	38635
specialist pass an examination. If an examination is required, the	38636
rules may require applicants to pass an examination conducted by	38637
the department or an appropriate examination conducted by the	38638
United States environmental protection agency.	38639

(C) The ~~public health council~~director shall adopt rules	38640
establishing criteria and procedures ~~to be followed by the~~	38641
~~director of health in~~for approving training courses under section	38642
3723.07 of the Revised Code. The rules may require that	38643
participants in training courses pass an examination conducted by	38644
the operator of the course and may require that the examinations	38645
be approved by the director ~~of health~~.	38646

(D) The ~~public health council~~director shall adopt rules	38647
establishing criteria and procedures ~~to be followed by the~~	38648
~~director of health in~~for approving radon laboratories under	38649
section 3723.07 of the Revised Code.	38650

(E) The ~~public health council~~director shall adopt rules	38651
establishing reasonable fees for licenses, license renewals, radon	38652
laboratory approvals, and training course approvals.	38653

(F) The ~~public health council~~director shall adopt rules	38654
establishing standards to be followed by licensed radon testers,	38655
mitigation specialists, and mitigation contractors for the	38656
prevention of hazards to the public health, including standards	38657
for worker protection, record keeping, and training of employees	38658
of licensed radon mitigation contractors.	38659

(G) The ~~public health council~~director shall adopt rules	38660
establishing procedures to be followed by any individual, business	38661
entity, or government entity licensed by another state to practice	38662
as a radon tester, mitigation specialist, or mitigation contractor	38663
in providing notice to the director of health prior to commencing	38664
practice in this state pursuant to section 3723.03 of the Revised	38665
Code.	38666

(H) The ~~public health council~~director may adopt rules that	38667
require licensed radon testers and mitigation specialists to	38668
report to the director ~~of health~~, by street address, radon test	38669
results that indicate the presence of radon at a level considered	38670
to be dangerous as determined by the ~~council~~director. The rules	38671
may require the reporting of screening measurements, follow-up	38672
measurements, post-mitigation measurements, and, if it is known	38673
that radon mitigation has been performed, the methods of	38674
mitigation that were used. Any information required to be reported	38675
to the director under these rules is not a public record under	38676
section 149.43 of the Revised Code, and shall not be released	38677
except in aggregate statistical form.	38678

Sec. 3725.02. (A) No person other than a hospital shall	38679
collect plasma, regardless of the use for which the plasma is	38680
intended, except at a plasmapheresis center holding a current,	38681
valid certificate of approval issued by the director of health.	38682

Whoever violates this division is guilty of a misdemeanor of	38683
the fourth degree.	38684

(B) The ~~public health council~~director shall adopt such rules	38685
as are necessary to carry out this chapter.	38686

Sec. 3727.01. (A) As used in this section, "health	38687
maintenance organization" means a public or private organization	38688
organized under the law of any state that is qualified under	38689
section 1310(d) of Title XIII of the "Public Health Service Act,"	38690
87 Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the	38691
following:	38692

(1) Provides or otherwise makes available to enrolled	38693
participants health care services including at least the following	38694
basic health care services: usual physician services,	38695
hospitalization, laboratory, x-ray, emergency and preventive	38696
service, and out-of-area coverage;	38697

(2) Is compensated, except for copayments, for the provision	38698
of basic health care services to enrolled participants by a	38699
payment that is paid on a periodic basis without regard to the	38700
date the health care services are provided and that is fixed	38701
without regard to the frequency, extent, or kind of health service	38702
actually provided;	38703

(3) Provides physician services primarily in either of the	38704
following ways:	38705

(a) Directly through physicians who are either employees or	38706
partners of the organization;	38707

(b) Through arrangements with individual physicians or one or	38708
more groups of physicians organized on a group-practice or	38709
individual-practice basis.	38710

(B) As used in this chapter:

38711

(1) "Children's hospital" ~~has the same meaning as in section~~	38712
~~3702.51 of the Revised Code~~means any of the following:	38713

(a) A hospital registered under section 3701.07 of the	38714
Revised Code that provides general pediatric medical and surgical	38715
care, and in which at least seventy-five per cent of annual	38716
inpatient discharges for the preceding two calendar years were	38717
individuals less than eighteen years of age;	38718

(b) A distinct portion of a hospital registered under section	38719
3701.07 of the Revised Code that provides general pediatric	38720
medical and surgical care, has a total of at least one hundred	38721
fifty registered pediatric special care and pediatric acute care	38722
beds, and in which at least seventy-five per cent of annual	38723
inpatient discharges for the preceding two calendar years were	38724
individuals less than eighteen years of age;	38725

(c) A distinct portion of a hospital, if the hospital is	38726
registered under section 3701.07 of the Revised Code as a	38727
children's hospital and the children's hospital meets all the	38728
requirements of division (B)(1)(a) of this section.	38729

(2) "Hospital" means an institution classified as a hospital	38730
under section 3701.07 of the Revised Code in which are provided to	38731
inpatients diagnostic, medical, surgical, obstetrical,	38732
psychiatric, or rehabilitation care for a continuous period longer	38733
than twenty-four hours or a hospital operated by a health	38734
maintenance organization. "Hospital" does not include a facility	38735
licensed under Chapter 3721. of the Revised Code, a health care	38736
facility operated by the department of mental health or the	38737
department of developmental disabilities, a health maintenance	38738
organization that does not operate a hospital, the office of any	38739
private licensed health care professional, whether organized for	38740
individual or group practice, or a clinic that provides ambulatory	38741
patient services and where patients are not regularly admitted as	38742
inpatients. "Hospital" also does not include an institution for	38743
the sick that is operated exclusively for patients who use	38744
spiritual means for healing and for whom the acceptance of medical	38745
care is inconsistent with their religious beliefs, accredited by a	38746
national accrediting organization, exempt from federal income	38747
taxation under section 501 of the Internal Revenue Code of 1986,	38748
100 Stat. 2085, 26 U.S.C.A. 1, as amended, and providing	38749
twenty-four hour nursing care pursuant to the exemption in	38750
division (E) of section 4723.32 of the Revised Code from the	38751
licensing requirements of Chapter 4723. of the Revised Code.	38752

(3) "Joint commission" means the commission formerly known as	38753
the joint commission on accreditation of healthcare organizations	38754
or the joint commission on accreditation of hospitals.	38755

Sec. 3727.42. (A) Every hospital shall compile and make	38756
available for inspection by the public a price information list	38757
containing the information specified in division (B) of this	38758
section and shall periodically update the list to maintain current	38759
information. The price information list shall be compiled and made	38760
available in a format that complies with the electronic	38761
transaction standards and code sets adopted by the United States	38762
secretary of health and human services under 42 U.S.C. 1320d-2.	38763

(B) Each price information list required by division (A) of	38764
this section shall contain all of the following information:	38765

(1) The usual and customary room and board charges for each	38766
level of care within the hospital, including but not limited to	38767
private rooms, semiprivate rooms, other multiple patient rooms,	38768
and intensive care and other specialty units;	38769

(2) Rates charged for nursing care, if the hospital charges	38770
separately for nursing care;	38771

(3) The usual and customary charges, stated separately for	38772
inpatients and outpatients if different charges are imposed, for	38773
any of the following services provided by the hospital:	38774

(a) The thirty most common x-ray and radiological procedures;

38775

(b) The thirty most common laboratory procedures;

38776

38777

(d) Operating room services;

38778

(e) Delivery room services;

38779

(f) Physical, occupational, and pulmonary therapy services;

38780

(g) Any other services designated as high volume services by	38781
a rule which shall be adopted by the ~~public~~director of health	38782
~~council~~.	38783

(4) The hospital's billing policies, including whether the	38784
hospital charges interest on an amount not paid in full by any	38785
person or government entity and the interest rate charged;	38786

(5) Whether or not the charges listed include fees for the	38787
services of hospital-based anesthesiologists, radiologists,	38788
pathologists, and emergency room physicians and, if a charge does	38789
not include such fees, how such fee information can be obtained.	38790

(C) Every hospital shall do all of the following with the	38791
price information list required by this section:	38792

(1) At the time of admission, or as soon as practical	38793
thereafter, inform each patient of the availability of the list	38794
and on request provide the patient with a free copy of the list;	38795

(2) On request, provide a paper copy of the list to any	38796
person or governmental agency, subject to payment of a reasonable	38797
fee for copying and processing;	38798

(3) Make the list available free of charge on the hospital's	38799
internet web site.	38800

Sec. 3729.01. As used in this chapter:

38801

(A) "Camp operator" means the operator of a recreational	38802
vehicle park, recreation camp, combined park-camp, or temporary	38803
park-camp.	38804

(B) "Campsite user" means a person who enters into a campsite	38805
use agreement with a camp operator for the use of a campsite at a	38806
recreational vehicle park, recreation camp, combined park-camp, or	38807
temporary park-camp.	38808

(C) "Combined park-camp" means any tract of land upon which a	38809
combination of five or more self-contained recreational vehicles	38810
or portable camping units are placed and includes any roadway,	38811
building, structure, vehicle, or enclosure used or intended for	38812
use as part of the park facilities. A tract of land that is	38813
subdivided for lease or other contract of the individual lots is a	38814
combined park-camp if a combination of five or more recreational	38815
vehicles or portable camping units are placed on it for	38816
recreation, vacation, or business purposes.	38817

"Combined park-camp" does not include any tract of land used	38818
solely as a temporary park-camp or solely as a manufactured home	38819
park.	38820

(D) "Dependent recreational vehicle" means a recreational	38821
vehicle other than a self-contained recreational vehicle.	38822
"Dependent recreational vehicle" includes a park model.	38823

(E) "Development" means any artificial change to improved or	38824
unimproved real estate, including, without limitation, buildings	38825
or structures, dredging, filling, grading, paving, excavation or	38826
drilling operations, or storage of equipment or materials, and the	38827
construction, expansion, or substantial alteration of a	38828
recreational vehicle park, recreation camp, or combined park-camp,	38829
for which plan review is required under division (A) of section	38830
3729.03 of the Revised Code. "Development" does not include the	38831
building, construction, erection, or manufacture of any building	38832
to which section 3781.06 of the Revised Code is applicable.	38833

(F) "Director of health" means the director of health or the	38834
director's authorized representative.	38835

(G) "Flood" or "flooding" means either of the following:

38836

(1) A general and temporary condition of partial or complete	38837
inundation of normally dry land areas from any of the following:	38838

(a) The overflow of inland or tidal waters;

38839

(b) The unusual and rapid accumulation or runoff of surface	38840
waters from any source;	38841

(c) Mudslides that are proximately caused by flooding as	38842
defined in division (G)(1)(b) of this section and that are akin to	38843
a river of liquid and flowing mud on the surface of normally dry	38844
land areas, as when earth is carried by a current of water and	38845
deposited along the path of the current.	38846

(2) The collapse or subsidence of land along the shore of a	38847
lake or other body of water as a result of erosion or undermining	38848
that is caused by waves or currents of water exceeding anticipated	38849
cyclical levels or that is suddenly caused by an unusually high	38850
water level in a natural body of water, and that is accompanied by	38851
a severe storm, by an unanticipated force of nature, such as a	38852
flash flood, by an abnormal tidal surge, or by some similarly	38853
unusual and unforeseeable event, that results in flooding as	38854
defined in division (G)(1)(a) of this section.	38855

(H) "Flood plain" means the area adjoining any river, stream,	38856
watercourse, or lake that has been or may be covered by flood	38857
water.	38858

(I) "Licensor" means either the board of health of a city or	38859
general health district, or the authority having the duties of a	38860
board of health in any city as authorized by section 3709.05 of	38861
the Revised Code, or the director of health, when required under	38862
division (B) of section 3729.06 of the Revised Code. "Licensor"	38863
also means an authorized representative of any of those entities	38864
or of the director.	38865

(J) "Manufactured home park" has the same meaning as in	38866
section ~~3733.01~~4781.01 of the Revised Code.	38867

(K) "One-hundred-year flood" means a flood having a one per	38868
cent chance of being equaled or exceeded in any given year.	38869

(L) "One-hundred-year flood plain" means that portion of a	38870
flood plain inundated by a one-hundred-year flood.	38871

(M) "Operator" means the person who has responsible charge of	38872
a recreational vehicle park, recreation camp, combined park-camp,	38873
or temporary park-camp and who is licensed under this chapter.	38874

(N) "Park model" means a recreational vehicle that meets the	38875
American national standard institute standard A119.5(1988) for	38876
park trailers, is built on a single chassis, has a gross trailer	38877
area of not more than four hundred square feet when set up, is	38878
designed for seasonal or temporary living quarters, and may be	38879
connected to utilities necessary for operation of installed	38880
features and appliances.	38881

(O) "Person" has the same meaning as in section 1.59 of the	38882
Revised Code and also includes this state, any political	38883
subdivision of this state, and any other state or local body of	38884
this state.	38885

(P) "Portable camping units" means dependent recreational	38886
vehicles, tents, portable sleeping equipment, and similar camping	38887
equipment used for travel, recreation, vacation, or business	38888
purposes.	38889

(Q) "Recreation camp" means any tract of land upon which five	38890
or more portable camping units are placed and includes any	38891
roadway, building, structure, vehicle, or enclosure used or	38892
intended for use as a part of the facilities of the camp. A tract	38893
of land that is subdivided for lease or other contract of the	38894
individual lots is a recreation camp if five or more portable	38895
camping units are placed on it for recreation, vacation, or	38896
business purposes.	38897

"Recreation camp" does not include any tract of land used	38898
solely for the storage or display for sale of dependent	38899
recreational vehicles, solely as a temporary park-camp, or solely	38900
as a manufactured home park.	38901

(R) "Recreational vehicle" has the same meaning as in section	38902
4501.01 of the Revised Code.	38903

(S) "Recreational vehicle park" means any tract of land used	38904
for parking five or more self-contained recreational vehicles and	38905
includes any roadway, building, structure, vehicle, or enclosure	38906
used or intended for use as part of the park facilities and any	38907
tract of land that is subdivided for lease or other contract of	38908
the individual lots for the express or implied purpose of placing	38909
self-contained recreational vehicles for recreation, vacation, or	38910
business purposes.	38911

"Recreational vehicle park" does not include any tract of	38912
land used solely for the storage or display for sale of	38913
self-contained recreational vehicles, solely as a temporary	38914
park-camp, or solely as a manufactured home park.	38915

(T) "Self-contained recreational vehicle" means a	38916
recreational vehicle that can operate independent of connections	38917
to sewer and water and has plumbing fixtures or appliances all of	38918
which are connected to sewage holding tanks located within the	38919
vehicle. "Self-contained recreational vehicle" includes a park	38920
model.	38921

(U) "Substantially alter" means a change in the layout or	38922
design of a recreational vehicle park, recreation camp, combined	38923
park-camp, or temporary park-camp, including, without limitation,	38924
the movement of utilities or changes in established streets, lots,	38925
or sites or in other facilities.	38926

(V) "Temporary park-camp" means any tract of land used for a	38927
period not to exceed a total of twenty-one days per calendar year	38928
for the purpose of parking five or more recreational vehicles,	38929
dependent recreational vehicles, or portable camping units, or any	38930
combination thereof, for one or more periods of time that do not	38931
exceed seven consecutive days or parts thereof.	38932

(W) "Tract" means a contiguous area of land that consists of	38933
one or more parcels, lots, or sites that have been separately	38934
surveyed regardless of whether the individual parcels, lots, or	38935
sites have been recorded and regardless of whether the one or more	38936
parcels, lots, or sites are under common or different ownership.	38937

Sec. 3729.02. (A) The ~~public~~director of health ~~council~~,	38938
subject to Chapter 119. of the Revised Code, shall adopt rules of	38939
uniform application throughout the state governing the review of	38940
plans and issuance of licenses for and the location, layout,	38941
construction, drainage, sanitation, safety, and operation of	38942
recreational vehicle parks, recreation camps, and combined	38943
park-camps. The rules shall not apply to the construction,	38944
erection, or manufacture of any building to which section 3781.06	38945
of the Revised Code is applicable.	38946

(B) The ~~public health council~~director, subject to Chapter	38947
119. of the Revised Code, shall adopt rules of uniform application	38948
throughout the state governing the review of plans and issuance of	38949
licenses for and the layout, sanitation, safety, and operation of	38950
temporary park-camps. The rules shall not apply to the	38951
construction, erection, or manufacture of any building to which	38952
section 3781.06 of the Revised Code is applicable.	38953

Sec. 3729.03. (A) No person shall cause development to occur	38954
within any portion of a recreational vehicle park, recreation	38955
camp, or combined park-camp until the plans for the development	38956
have been submitted to and reviewed and approved by the director	38957
of health. This division does not require that plans be submitted	38958
to the director for approval for the replacement of recreational	38959
vehicles or portable camping units on previously approved sites in	38960
a recreational vehicle park, recreation camp, or combined	38961
park-camp when no development is to occur in connection with the	38962
replacement. Within thirty days after receipt of the plans, all	38963
supporting documents and materials required to complete the	38964
review, and the applicable plan review fee established under	38965
division (D) of this section, the director shall approve or	38966
disapprove the plans.	38967

(B) Any person aggrieved by the director's disapproval of a	38968
set of plans under division (A) of this section may request a	38969
hearing on the matter within thirty days after receipt of the	38970
director's notice of the disapproval. The hearing shall be held in	38971
accordance with Chapter 119. of the Revised Code. Thereafter, the	38972
disapproval may be appealed in the manner provided in section	38973
119.12 of the Revised Code.	38974

(C) The director shall establish a system by which	38975
development occurring within a recreational vehicle park,	38976
recreation camp, or combined park-camp is inspected or verified in	38977
accordance with rules adopted under division (A) of section	38978
3729.02 of the Revised Code to ensure that the development	38979
complies with the plans approved under division (A) of this	38980
section.	38981

(D) The ~~public health council~~director shall establish fees	38982
for reviewing plans under division (A) of this section and	38983
conducting inspections under division (C) of this section.	38984

(E) The director shall charge the appropriate fees	38985
established under division (D) of this section for reviewing plans	38986
under division (A) of this section and conducting inspections	38987
under division (C) of this section. All such plan review and	38988
inspection fees received by the director shall be transmitted to	38989
the treasurer of state and shall be credited to the general	38990
operations fund created in section 3701.83 of the Revised Code.	38991
Moneys so credited to the fund shall be used only for the purpose	38992
of administering and enforcing this chapter and rules adopted	38993
under it.	38994

(F) Plan approvals issued under this section do not	38995
constitute an exemption from the land use and building	38996
requirements of the political subdivision in which the	38997
recreational vehicle park, recreation camp, or combined park-camp	38998
is or is to be located.	38999

Sec. 3729.04. (A) No person shall cause development to occur	39000
within any portion of a recreational vehicle park, recreation	39001
camp, combined park-camp, or temporary park-camp that is located	39002
within a one-hundred-year flood plain in a municipal corporation	39003
unless the person first obtains a permit therefor from the	39004
municipal corporation in accordance with the flood plain	39005
management ordinance of the municipal corporation.	39006

(B) No person shall cause development to occur within any	39007
portion of a recreational vehicle park, recreation camp, combined	39008
park-camp, or temporary park-camp that is located within a	39009
one-hundred-year flood plain in an unincorporated area unless the	39010
person first obtains a permit therefor from the board of county	39011
commissioners of the county in which the development is to occur	39012
in accordance with the flood plain management resolution of the	39013
county adopted under section 307.37 of the Revised Code.	39014

(C) If development for which a permit is required under	39015
division (A) or (B) of this section is to occur on a site where a	39016
recreational vehicle or portable camping unit is or is to be	39017
located, the owner of the recreational vehicle or portable camping	39018
unit and the operator of the recreational vehicle park, recreation	39019
camp, or combined park-camp shall jointly obtain the permit. Each	39020
of the persons to whom a permit is jointly issued is responsible	39021
for compliance with the provisions of the approved permit that are	39022
applicable to that person.	39023

If development for which a permit is required under division	39024
(A) or (B) of this section is to occur within a temporary	39025
park-camp on a site where a recreational vehicle or portable	39026
camping unit is or is to be located, the owner of the temporary	39027
park-camp shall obtain the permit.	39028

(D) Fees established by a municipal corporation or county for	39029
the issuance of permits under division (A) or (B) of this section	39030
are not subject to regulation by the ~~public~~director of health	39031
~~council~~.	39032

Sec. 3729.07. The licensor of a recreational vehicle park,	39033
recreation camp, or combined park-camp may charge a fee for an	39034
annual license to operate such a park, camp, or park-camp. In the	39035
case of a temporary park-camp, the licensor may charge a fee for a	39036
license to operate the temporary park-camp for the period	39037
specified in division (A) of section 3729.05 of the Revised Code.	39038
The fees for both types of licenses shall be determined in	39039
accordance with section 3709.09 of the Revised Code and shall	39040
include the cost of licensing and all inspections.	39041

Except for the fee for a temporary park-camp license, the fee	39042
also shall include any additional amount determined by rule of the	39043
~~public~~director of health ~~council~~, which shall be collected and	39044
transmitted by the board of health to the director ~~of health~~	39045
pursuant to section 3709.092 of the Revised Code and used only for	39046
the purpose of administering and enforcing this chapter and rules	39047
adopted under it. The portion of any fee retained by the board of	39048
health shall be paid into a special fund and used only for the	39049
purpose of administering and enforcing this chapter and rules	39050
adopted under it.	39051

Sec. 3729.08. The licensor of the health district in which a	39052
recreational vehicle park, recreation camp, combined park-camp, or	39053
temporary park-camp is or is to be located, in accordance with	39054
Chapter 119. of the Revised Code, may refuse to grant, may	39055
suspend, or may revoke any license granted to any person for	39056
failure to comply with this chapter or with any rule adopted by	39057
the ~~public~~director of health ~~council~~ under section 3729.02 of the	39058
Revised Code.	39059

Sec. 3730.10. (A) ~~Not later than ninety days after the~~	39060
~~effective date of this section, the public~~The director of health	39061
~~council~~ shall adopt rules in accordance with Chapter 119. of the	39062
Revised Code as necessary for the implementation and enforcement	39063
of this chapter. The rules shall include all of the following:	39064

(1) Safety and sanitation standards and procedures to be	39065
followed to prevent the transmission of infectious diseases during	39066
the performance of tattooing and body piercing procedures;	39067

(2) Standards and procedures to be followed for appropriate	39068
disinfection and sterilization of all invasive equipment or parts	39069
of equipment used in tattooing procedures, body piercing	39070
procedures, and ear piercing procedures performed with an ear	39071
piercing gun;	39072

(3) Procedures for suspending and revoking approvals under	39073
section 3730.05 of the Revised Code.	39074

(B) The rules adopted under division (A)(1) of this section	39075
shall establish universal blood and body fluid precautions to be	39076
used by any individual who performs tattooing or body piercing	39077
procedures. The precautions shall include all of the following:	39078

(1) The appropriate use of hand washing;

39079

(2) The handling and disposal of all needles and other sharp	39080
instruments used in tattooing or body piercing procedures;	39081

(3) The wearing and disposal of gloves and other protective	39082
garments and devices.	39083

(C) The rules adopted under division (A) of this section may	39084
include standards and procedures to be followed by a business that	39085
offers tattooing or body piercing services to ensure that the	39086
individuals who perform tattooing or body piercing procedures for	39087
the business are adequately trained to perform the procedures	39088
properly.	39089

Sec. 3733.41. As used in sections 3733.41 to 3733.49 of the	39090
Revised Code:	39091

(A) "Agricultural labor camp" means one or more buildings or	39092
structures, trailers, tents, or vehicles, together with any land	39093
appertaining thereto, established, operated, or used as temporary	39094
living quarters for two or more families or five or more persons	39095
intending to engage in or engaged in agriculture or related food	39096
processing, whether occupancy is by rent, lease, or mutual	39097
agreement. "Agricultural labor camp" does not include a hotel or	39098
motel, or a manufactured home park regulated pursuant to ~~section~~	39099
~~3733.01~~sections 4781.26 to 4781.52 of the Revised Code, and rules	39100
adopted thereunder.	39101

(B) "Board of health" means the board of health of a city or	39102
general health district or the authority having the duties of a	39103
board of health in any city as authorized by section 3709.05 of	39104
the Revised Code or an authorized representative of the board of	39105
health.	39106

(C) "Director" means the director of ~~the department of~~ health	39107
or the authorized representative of the director of health.	39108

(D) "Licensor" means the director of health.

39109

(E) "Person" means the state, any political subdivision,	39110
public or private corporation, partnership, association, trust,	39111
individual, or other entity.	39112

~~(F) "Public health council" means the public health council~~	39113
~~as created by section 3701.33 of the Revised Code.~~	39114

Sec. 3733.42. The ~~public~~director of health ~~council~~, subject	39115
to sections 119.01 to 119.13 of the Revised Code, shall adopt	39116
rules having a uniform application throughout the state, governing	39117
the issuance of licenses, location, layout, construction, approval	39118
of plans, sanitation, safety, operation, use, and maintenance of	39119
agricultural labor camps. The rules shall establish minimum	39120
standards of habitability with which a licensee shall comply in	39121
operating an agricultural labor camp. The rules shall establish,	39122
beyond minimum standards of habitability, additional standards of	39123
habitability for those camps and shall establish priorities for	39124
those additional standards with which a licensee may ~~voluntary~~	39125
voluntarily comply.	39126

In addition to meeting the requirements of section 119.03 of	39127
the Revised Code, the director of health shall mail a notice of	39128
the date, time, and place of any hearing on the adoption,	39129
amendment, or rescission of such rules and the full text of the	39130
proposed rule, amendment, or rule to be rescinded, at least thirty	39131
days prior to the hearing date, to all persons currently	39132
authorized or licensed to operate camps by the department of	39133
health, or authorized or licensed to operate camps in the previous	39134
calendar year.	39135

Sec. 3734.01. As used in this chapter:

39136

(A) "Board of health" means the board of health of a city or	39137
general health district or the authority having the duties of a	39138
board of health in any city as authorized by section 3709.05 of	39139
the Revised Code.	39140

(B) "Director" means the director of environmental	39141
protection.	39142

(C) "Health district" means a city or general health district	39143
as created by or under authority of Chapter 3709. of the Revised	39144
Code.	39145

(D) "Agency" means the environmental protection agency.

39146

(E) "Solid wastes" means such unwanted residual solid or	39147
semisolid material as results from industrial, commercial,	39148
agricultural, and community operations, excluding earth or	39149
material from construction, mining, or demolition operations, or	39150
other waste materials of the type that normally would be included	39151
in demolition debris, nontoxic fly ash and bottom ash, including	39152
at least ash that results from the combustion of coal and ash that	39153
results from the combustion of coal in combination with scrap	39154
tires where scrap tires comprise not more than fifty per cent of	39155
heat input in any month, spent nontoxic foundry sand, and slag and	39156
other substances that are not harmful or inimical to public	39157
health, and includes, but is not limited to, garbage, scrap tires,	39158
combustible and noncombustible material, street dirt, and debris.	39159
"Solid wastes" does not include any material that is an infectious	39160
waste or a hazardous waste.	39161

(F) "Disposal" means the discharge, deposit, injection,	39162
dumping, spilling, leaking, emitting, or placing of any solid	39163
wastes or hazardous waste into or on any land or ground or surface	39164
water or into the air, except if the disposition or placement	39165
constitutes storage or treatment or, if the solid wastes consist	39166
of scrap tires, the disposition or placement constitutes a	39167
beneficial use or occurs at a scrap tire recovery facility	39168
licensed under section 3734.81 of the Revised Code.	39169

(G) "Person" includes the state, any political subdivision	39170
and other state or local body, the United States and any agency or	39171
instrumentality thereof, and any legal entity defined as a person	39172
under section 1.59 of the Revised Code.	39173

(H) "Open burning" means the burning of solid wastes in an	39174
open area or burning of solid wastes in a type of chamber or	39175
vessel that is not approved or authorized in rules adopted by the	39176
director under section 3734.02 of the Revised Code or, if the	39177
solid wastes consist of scrap tires, in rules adopted under	39178
division (V) of this section or section 3734.73 of the Revised	39179
Code, or the burning of treated or untreated infectious wastes in	39180
an open area or in a type of chamber or vessel that is not	39181
approved in rules adopted by the director under section 3734.021	39182
of the Revised Code.	39183

(I) "Open dumping" means the depositing of solid wastes into	39184
a body or stream of water or onto the surface of the ground at a	39185
site that is not licensed as a solid waste facility under section	39186
3734.05 of the Revised Code or, if the solid wastes consist of	39187
scrap tires, as a scrap tire collection, storage, monocell,	39188
monofill, or recovery facility under section 3734.81 of the	39189
Revised Code; the depositing of solid wastes that consist of scrap	39190
tires onto the surface of the ground at a site or in a manner not	39191
specifically identified in divisions (C)(2) to (5), (7), or (10)	39192
of section 3734.85 of the Revised Code; the depositing of	39193
untreated infectious wastes into a body or stream of water or onto	39194
the surface of the ground; or the depositing of treated infectious	39195
wastes into a body or stream of water or onto the surface of the	39196
ground at a site that is not licensed as a solid waste facility	39197
under section 3734.05 of the Revised Code.	39198

(J) "Hazardous waste" means any waste or combination of	39199
wastes in solid, liquid, semisolid, or contained gaseous form that	39200
in the determination of the director, because of its quantity,	39201
concentration, or physical or chemical characteristics, may do	39202
either of the following:	39203

(1) Cause or significantly contribute to an increase in	39204
mortality or an increase in serious irreversible or incapacitating	39205
reversible illness;	39206

(2) Pose a substantial present or potential hazard to human	39207
health or safety or to the environment when improperly stored,	39208
treated, transported, disposed of, or otherwise managed.	39209

"Hazardous waste" includes any substance identified by	39210
regulation as hazardous waste under the "Resource Conservation and	39211
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	39212
amended, and does not include any substance that is subject to the	39213
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as	39214
amended.	39215

(K) "Treat" or "treatment," when used in connection with	39216
hazardous waste, means any method, technique, or process designed	39217
to change the physical, chemical, or biological characteristics or	39218
composition of any hazardous waste; to neutralize the waste; to	39219
recover energy or material resources from the waste; to render the	39220
waste nonhazardous or less hazardous, safer to transport, store,	39221
or dispose of, or amenable for recovery, storage, further	39222
treatment, or disposal; or to reduce the volume of the waste. When	39223
used in connection with infectious wastes, "treat" or "treatment"	39224
means any method, technique, or process designed to render the	39225
wastes noninfectious, including, without limitation, steam	39226
sterilization and incineration, or, in the instance of wastes	39227
identified in division (R)(7) of this section, to substantially	39228
reduce or eliminate the potential for the wastes to cause	39229
lacerations or puncture wounds.	39230

(L) "Manifest" means the form used for identifying the	39231
quantity, composition, origin, routing, and destination of	39232
hazardous waste during its transportation from the point of	39233
generation to the point of disposal, treatment, or storage.	39234

(M) "Storage," when used in connection with hazardous waste,	39235
means the holding of hazardous waste for a temporary period in	39236
such a manner that it remains retrievable and substantially	39237
unchanged physically and chemically and, at the end of the period,	39238
is treated; disposed of; stored elsewhere; or reused, recycled, or	39239
reclaimed in a beneficial manner. When used in connection with	39240
solid wastes that consist of scrap tires, "storage" means the	39241
holding of scrap tires for a temporary period in such a manner	39242
that they remain retrievable and, at the end of that period, are	39243
beneficially used; stored elsewhere; placed in a scrap tire	39244
monocell or monofill facility licensed under section 3734.81 of	39245
the Revised Code; processed at a scrap tire recovery facility	39246
licensed under that section or a solid waste incineration or	39247
energy recovery facility subject to regulation under this chapter;	39248
or transported to a scrap tire monocell, monofill, or recovery	39249
facility, any other solid waste facility authorized to dispose of	39250
scrap tires, or a facility that will beneficially use the scrap	39251
tires, that is located in another state and is operating in	39252
compliance with the laws of the state in which the facility is	39253
located.	39254

(N) "Facility" means any site, location, tract of land,	39255
installation, or building used for incineration, composting,	39256
sanitary landfilling, or other methods of disposal of solid wastes	39257
or, if the solid wastes consist of scrap tires, for the	39258
collection, storage, or processing of the solid wastes; for the	39259
transfer of solid wastes; for the treatment of infectious wastes;	39260
or for the storage, treatment, or disposal of hazardous waste.	39261

(O) "Closure" means the time at which a hazardous waste	39262
facility will no longer accept hazardous waste for treatment,	39263
storage, or disposal, the time at which a solid waste facility	39264
will no longer accept solid wastes for transfer or disposal or, if	39265
the solid wastes consist of scrap tires, for storage or	39266
processing, or the effective date of an order revoking the permit	39267
for a hazardous waste facility or the registration certificate,	39268
permit, or license for a solid waste facility, as applicable.	39269
"Closure" includes measures performed to protect public health or	39270
safety, to prevent air or water pollution, or to make the facility	39271
suitable for other uses, if any, including, but not limited to,	39272
the removal of processing residues resulting from solid wastes	39273
that consist of scrap tires; the establishment and maintenance of	39274
a suitable cover of soil and vegetation over cells in which	39275
hazardous waste or solid wastes are buried; minimization of	39276
erosion, the infiltration of surface water into such cells, the	39277
production of leachate, and the accumulation and runoff of	39278
contaminated surface water; the final construction of facilities	39279
for the collection and treatment of leachate and contaminated	39280
surface water runoff, except as otherwise provided in this	39281
division; the final construction of air and water quality	39282
monitoring facilities, except as otherwise provided in this	39283
division; the final construction of methane gas extraction and	39284
treatment systems; or the removal and proper disposal of hazardous	39285
waste or solid wastes from a facility when necessary to protect	39286
public health or safety or to abate or prevent air or water	39287
pollution. With regard to a solid waste facility that is a scrap	39288
tire facility, "closure" includes the final construction of	39289
facilities for the collection and treatment of leachate and	39290
contaminated surface water runoff and the final construction of	39291
air and water quality monitoring facilities only if those actions	39292
are determined to be necessary.	39293

(P) "Premises" means either of the following:

39294

(1) Geographically contiguous property owned by a generator;

39295

(2) Noncontiguous property that is owned by a generator and	39296
connected by a right-of-way that the generator controls and to	39297
which the public does not have access. Two or more pieces of	39298
property that are geographically contiguous and divided by public	39299
or private right-of-way or rights-of-way are a single premises.	39300

(Q) "Post-closure" means that period of time following	39301
closure during which a hazardous waste facility is required to be	39302
monitored and maintained under this chapter and rules adopted	39303
under it, including, without limitation, operation and maintenance	39304
of methane gas extraction and treatment systems, or the period of	39305
time after closure during which a scrap tire monocell or monofill	39306
facility licensed under section 3734.81 of the Revised Code is	39307
required to be monitored and maintained under this chapter and	39308
rules adopted under it.	39309

(R) "Infectious wastes" includes all of the following	39310
substances or categories of substances:	39311

(1) Cultures and stocks of infectious agents and associated	39312
biologicals, including, without limitation, specimen cultures,	39313
cultures and stocks of infectious agents, wastes from production	39314
of biologicals, and discarded live and attenuated vaccines;	39315

(2) Laboratory wastes that were, or are likely to have been,	39316
in contact with infectious agents that may present a substantial	39317
threat to public health if improperly managed;	39318

(3) Pathological wastes, including, without limitation, human	39319
and animal tissues, organs, and body parts, and body fluids and	39320
excreta that are contaminated with or are likely to be	39321
contaminated with infectious agents, removed or obtained during	39322
surgery or autopsy or for diagnostic evaluation, provided that,	39323
with regard to pathological wastes from animals, the animals have	39324
or are likely to have been exposed to a zoonotic or infectious	39325
agent;	39326

(4) Waste materials from the rooms of humans, or the	39327
enclosures of animals, that have been isolated because of	39328
diagnosed communicable disease that are likely to transmit	39329
infectious agents. Such waste materials from the rooms of humans	39330
do not include any wastes of patients who have been placed on	39331
blood and body fluid precautions under the universal precaution	39332
system established by the centers for disease control in the	39333
public health service of the United States department of health	39334
and human services, except to the extent specific wastes generated	39335
under the universal precautions system have been identified as	39336
infectious wastes by rules adopted under division (R)(8) of this	39337
section.	39338

(5) Human and animal blood specimens and blood products that	39339
are being disposed of, provided that, with regard to blood	39340
specimens and blood products from animals, the animals were or are	39341
likely to have been exposed to a zoonotic or infectious agent.	39342
"Blood products" does not include patient care waste such as	39343
bandages or disposable gowns that are lightly soiled with blood or	39344
other body fluids unless those wastes are soiled to the extent	39345
that the generator of the wastes determines that they should be	39346
managed as infectious wastes.	39347

(6) Contaminated carcasses, body parts, and bedding of	39348
animals that were intentionally exposed to infectious agents from	39349
zoonotic or human diseases during research, production of	39350
biologicals, or testing of pharmaceuticals, and carcasses and	39351
bedding of animals otherwise infected by zoonotic or infectious	39352
agents that may present a substantial threat to public health if	39353
improperly managed;	39354

(7) Sharp wastes used in the treatment, diagnosis, or	39355
inoculation of human beings or animals or that have, or are likely	39356
to have, come in contact with infectious agents in medical,	39357
research, or industrial laboratories, including, without	39358
limitation, hypodermic needles and syringes, scalpel blades, and	39359
glass articles that have been broken;	39360

(8) Any other waste materials generated in the diagnosis,	39361
treatment, or immunization of human beings or animals, in research	39362
pertaining thereto, or in the production or testing of	39363
biologicals, that the ~~public~~director of health ~~council created in~~	39364
~~section 3701.33 of the Revised Code~~, by rules adopted in	39365
accordance with Chapter 119. of the Revised Code, identifies as	39366
infectious wastes after determining that the wastes present a	39367
substantial threat to human health when improperly managed because	39368
they are contaminated with, or are likely to be contaminated with,	39369
infectious agents.	39370

(S) "Infectious agent" means a type of microorganism,	39371
helminth, or virus that causes, or significantly contributes to	39372
the cause of, increased morbidity or mortality of human beings.	39373

(T) "Zoonotic agent" means a type of microorganism, helminth,	39374
or virus that causes disease in vertebrate animals and that is	39375
transmissible to human beings and causes or significantly	39376
contributes to the cause of increased morbidity or mortality of	39377
human beings.	39378

(U) "Solid waste transfer facility" means any site, location,	39379
tract of land, installation, or building that is used or intended	39380
to be used primarily for the purpose of transferring solid wastes	39381
that were generated off the premises of the facility from vehicles	39382
or containers into other vehicles for transportation to a solid	39383
waste disposal facility. "Solid waste transfer facility" does not	39384
include any facility that consists solely of portable containers	39385
that have an aggregate volume of fifty cubic yards or less nor any	39386
facility where legitimate recycling activities are conducted.	39387

(V) "Beneficially use" means to use a scrap tire in a manner	39388
that results in a commodity for sale or exchange or in any other	39389
manner authorized as a beneficial use in rules adopted by the	39390
director in accordance with Chapter 119. of the Revised Code.	39391

(W) "Commercial car," "commercial tractor," "farm machinery,"	39392
"motor bus," "vehicles," "motor vehicle," and "semitrailer" have	39393
the same meanings as in section 4501.01 of the Revised Code.	39394

(X) "Construction equipment" means road rollers, traction	39395
engines, power shovels, power cranes, and other equipment used in	39396
construction work, or in mining or producing or processing	39397
aggregates, and not designed for or used in general highway	39398
transportation.	39399

(Y) "Motor vehicle salvage dealer" has the same meaning as in	39400
section 4738.01 of the Revised Code.	39401

(Z) "Scrap tire" means an unwanted or discarded tire.

39402

(AA) "Scrap tire collection facility" means any facility that	39403
meets all of the following qualifications:	39404

(1) The facility is used for the receipt and storage of whole	39405
scrap tires from the public prior to their transportation to a	39406
scrap tire storage, monocell, monofill, or recovery facility	39407
licensed under section 3734.81 of the Revised Code; a solid waste	39408
incineration or energy recovery facility subject to regulation	39409
under this chapter; a premises within the state where the scrap	39410
tires will be beneficially used; or a scrap tire storage,	39411
monocell, monofill, or recovery facility, any other solid waste	39412
disposal facility authorized to dispose of scrap tires, or a	39413
facility that will beneficially use the scrap tires, that is	39414
located in another state, and that is operating in compliance with	39415
the laws of the state in which the facility is located.	39416

(2) The facility exclusively stores scrap tires in portable	39417
containers.	39418

(3) The aggregate storage of the portable containers in which	39419
the scrap tires are stored does not exceed five thousand cubic	39420
feet.	39421

(BB) "Scrap tire monocell facility" means an individual site	39422
within a solid waste landfill that is used exclusively for the	39423
environmentally sound storage or disposal of whole scrap tires or	39424
scrap tires that have been shredded, chipped, or otherwise	39425
mechanically processed.	39426

(CC) "Scrap tire monofill facility" means an engineered	39427
facility used or intended to be used exclusively for the storage	39428
or disposal of scrap tires, including at least facilities for the	39429
submergence of whole scrap tires in a body of water.	39430

(DD) "Scrap tire recovery facility" means any facility, or	39431
portion thereof, for the processing of scrap tires for the purpose	39432
of extracting or producing usable products, materials, or energy	39433
from the scrap tires through a controlled combustion process,	39434
mechanical process, or chemical process. "Scrap tire recovery	39435
facility" includes any facility that uses the controlled	39436
combustion of scrap tires in a manufacturing process to produce	39437
process heat or steam or any facility that produces usable heat or	39438
electric power through the controlled combustion of scrap tires in	39439
combination with another fuel, but does not include any solid	39440
waste incineration or energy recovery facility that is designed,	39441
constructed, and used for the primary purpose of incinerating	39442
mixed municipal solid wastes and that burns scrap tires in	39443
conjunction with mixed municipal solid wastes, or any tire	39444
retreading business, tire manufacturing finishing center, or tire	39445
adjustment center having on the premises of the business a single,	39446
covered scrap tire storage area at which not more than four	39447
thousand scrap tires are stored.	39448

(EE) "Scrap tire storage facility" means any facility where	39449
whole scrap tires are stored prior to their transportation to a	39450
scrap tire monocell, monofill, or recovery facility licensed under	39451
section 3734.81 of the Revised Code; a solid waste incineration or	39452
energy recovery facility subject to regulation under this chapter;	39453
a premises within the state where the scrap tires will be	39454
beneficially used; or a scrap tire storage, monocell, monofill, or	39455
recovery facility, any other solid waste disposal facility	39456
authorized to dispose of scrap tires, or a facility that will	39457
beneficially use the scrap tires, that is located in another	39458
state, and that is operating in compliance with the laws of the	39459
state in which the facility is located.	39460

(FF) "Used oil" means any oil that has been refined from	39461
crude oil, or any synthetic oil, that has been used and, as a	39462
result of that use, is contaminated by physical or chemical	39463
impurities. "Used oil" includes only those substances identified	39464
as used oil by the United States environmental protection agency	39465
under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42	39466
U.S.C.A. 6901a, as amended.	39467

(GG) "Accumulated speculatively" has the same meaning as in	39468
rules adopted by the director under section 3734.12 of the Revised	39469
Code.	39470

Sec. 3734.131. (A)(1) Except as provided in divisions (D)(1)	39471
and (2) of this section, no person shall transport any solid	39472
wastes from outside this state to a solid waste facility in this	39473
state unless that person has first irrevocably consented in	39474
writing to the jurisdiction of the courts of this state and	39475
service of process in this state, including, without limitation,	39476
summonses and subpoenas, for any civil or criminal proceeding	39477
arising out of or relating to the wastes that are shipped to a	39478
facility in this state.	39479

(2) The original of the consent-to-jurisdiction document	39480
shall be legible and shall be filed with the director of	39481
environmental protection on a form provided by the director. A	39482
legible copy of the completed document shall be filed with the	39483
owner or operator of each solid waste facility to which the wastes	39484
are transported. A consent-to-jurisdiction document applies only	39485
to shipments into this state of wastes described in division	39486
(A)(1) of this section.	39487

(3) All consent-to-jurisdiction documents required under	39488
division (A)(1) or (3) of this section shall be refiled during the	39489
month of December, 1995, and during the month of December of every	39490
fourth year thereafter. Except as provided in division (D)(1) of	39491
this section, after December 31, 1995, or after the thirty-first	39492
day of December of every fourth year thereafter, whichever is	39493
applicable, no person shall continue to transport any solid wastes	39494
from outside this state to a solid waste facility in this state	39495
unless the person refiles with the director and the owner or	39496
operator of each facility to which the wastes are transported	39497
consent-to-jurisdiction documents, in the manner prescribed in	39498
division (A)(2) of this section, during the month of December next	39499
preceding the period for which the refiled document is required.	39500

(4) If the address of a person changes from that listed on	39501
the current consent-to-jurisdiction document filed under division	39502
(A)(1) or (3) of this section, the person shall file amended	39503
consent-to-jurisdiction documents containing the new address with	39504
the director and the owner or operator of each facility to which	39505
the wastes are transported.	39506

(5)(a) Except as provided in division (D)(1) of this section,	39507
no person identified in divisions (D)(2)(a) to (d) of this section	39508
shall transport any solid wastes from outside this state to a	39509
solid waste facility in this state unless the person has first	39510
filed a notification and authorization document naming the	39511
person's agent who is authorized to accept service of process in	39512
this state, including, without limitation, summonses and	39513
subpoenas, for any civil or criminal proceeding arising out of or	39514
relating to the wastes that are shipped to a facility in this	39515
state.	39516

The original of the notification and authorization document	39517
shall be legible and shall be filed with the director on a form	39518
provided by the director. A legible copy of the completed document	39519
shall be filed with the owner or operator of each solid waste	39520
facility to which the wastes are transported.	39521

(b) All notification and authorization documents required	39522
under division (A)(5) of this section shall be refiled during the	39523
month of December, 1995, and during the month of December of every	39524
fourth year thereafter. Except as provided in division (D)(1) of	39525
this section, after December 31, 1995, or after the thirty-first	39526
day of December of every fourth year thereafter, whichever is	39527
applicable, no person identified in divisions (D)(2)(a) to (d) of	39528
this section shall continue to transport any solid wastes from	39529
outside this state to a solid waste facility in this state unless	39530
the person refiles with the director and the owner or operator of	39531
each facility to which the wastes are transported notification and	39532
authorization documents, in the manner prescribed in division	39533
(A)(5)(a) of this section, during the month of December next	39534
preceding the period for which the refiled document is required.	39535

(c) If a person's agent or the address of a person's agent	39536
changes from that listed on the current notification and	39537
authorization document filed under division (A)(5)(a) or (b) of	39538
this section, the person shall file amended notification and	39539
authorization documents containing the name and address of the new	39540
agent or the agent's new address with the director and the owner	39541
or operator of each facility to which the wastes are transported.	39542

(B) A person who enters this state pursuant to a summons,	39543
subpoena, or other form of process authorized by this section is	39544
not subject to arrest or the service of process, whether civil or	39545
criminal, in connection with other matters that arose before his	39546
entrance into this state pursuant to the summons, subpoena, or	39547
other form of process authorized by this section.	39548

(C)(1) Except as provided in division (D)(1) of this section,	39549
no owner, operator, or employee of a solid waste facility shall	39550
accept for treatment, transfer, storage, or disposal at the	39551
facility any solid wastes from outside the boundaries of this	39552
state unless the facility has received a copy of the	39553
consent-to-jurisdiction document or notification and authorization	39554
document required under this section and applicable to the wastes.	39555

(2) The owner or operator of a solid waste facility shall	39556
keep the consent-to-jurisdiction documents and the notification	39557
and authorization documents filed with him under this section at	39558
the facility in such a location and manner that they are readily	39559
accessible to the director or his authorized representative, and	39560
the board of health having jurisdiction over the facility and its	39561
authorized representative, for the purposes of sections 3734.07	39562
and 3734.10 of the Revised Code.	39563

(D)(1) Divisions (A), (B), and (C) of this section do not	39564
apply to the transportation, transfer, or disposal of solid wastes	39565
from residential premises located less than ten miles outside the	39566
boundaries of this state.	39567

(2) Divisions (A)(1) to (4) of this section do not apply to	39568
any of the following:	39569

(a) A corporation incorporated under the laws of this state	39570
that has appointed a statutory agent pursuant to section 1701.07	39571
of the Revised Code;	39572

(b) A foreign corporation licensed to transact business in	39573
this state that has appointed a designated agent pursuant to	39574
section 1703.041 of the Revised Code;	39575

(c) A ~~nonresident~~ motor carrier ~~that has designated an agent~~	39576
~~pursuant to~~, as defined in section ~~4919.77~~4923.01 of the Revised	39577
Code, that is a nonresident;	39578

(d) Any other person who is a resident of this state.

39579

Sec. 3734.15. (A) No person shall transport hazardous waste	39580
anywhere in this state unless hethe person has first registered	39581
with and obtained a uniform permit from the public utilities	39582
commission in accordance with ~~section 4905.80~~Chapter 4921. of the	39583
Revised Code.	39584

For the purposes of this section, "registered transporter"	39585
means any person who is registered with and has received a uniform	39586
permit from the public utilities commission pursuant to ~~section~~	39587
~~4905.80~~Chapter 4921. of the Revised Code.	39588

(B) A registered transporter of hazardous waste shall be	39589
responsible for the safe delivery of any hazardous waste that he	39590
the registered transporter transports from such time as hethe	39591
registered transporter obtains the waste until hethe registered	39592
transporter delivers it to a treatment, storage, or disposal	39593
facility specified in division (F) of section 3734.02 of the	39594
Revised Code, as recorded on the manifest required in division (B)	39595
of section 3734.12 of the Revised Code. Any registered transporter	39596
who violates this chapter or any rule adopted under the chapter	39597
while transporting hazardous waste shall be liable for any damage	39598
or injury caused by the violation and for the costs of rectifying	39599
the violation and conditions caused by the violation.	39600

(C) No person who generates hazardous waste shall cause the	39601
waste to be transported by any person who is not a registered	39602
transporter. No person shall accept for treatment, storage, or	39603
disposal any hazardous waste from an unregistered transporter. Any	39604
person who is requested to accept such waste for treatment,	39605
storage, or disposal shall notify the director, the board of	39606
health in ~~his~~the person's location, and the public utilities	39607
commission of the request.	39608

If a generator causes an unregistered transporter to	39609
transport the hazardous waste, the generator of the waste, the	39610
transporter, and any person who accepts the waste for treatment,	39611
storage, or disposal shall be jointly and severally liable for any	39612
damage or injury caused by the handling of the waste and for the	39613
costs of rectifying their violation and conditions caused by their	39614
violation.	39615

Sec. 3734.51. There is hereby created within the	39616
environmental protection agency the solid waste management	39617
advisory council consisting of the directors of environmental	39618
protection,and development~~, and natural resources~~, or their	39619
designees, as members ex officio, one member of the senate to be	39620
appointed by the president of the senate, one member of the house	39621
of representatives to be appointed by the speaker of the house of	39622
representatives, and fourteen members to be appointed by the	39623
governor with the advice and consent of the senate. Of the	39624
appointed members, one shall be an employee of a health district	39625
whose duties include enforcement of the solid waste provisions of	39626
this chapter, two shall represent the interests of counties, two	39627
shall represent the interests of municipal corporations, two shall	39628
represent the interests of townships, one shall represent the	39629
interests of county solid waste management districts, one shall	39630
represent the interests of joint solid waste management districts,	39631
one shall represent the interests of industrial generators of	39632
solid wastes, one shall be from the private recycling industry,	39633
one shall be from the private solid waste management industry, one	39634
shall be from a statewide environmental advocacy organization, and	39635
one shall represent the public. ~~Within ninety days after June 24,~~	39636
~~1988, the governor shall make the initial appointments to the~~	39637
~~advisory council. Of those initial appointments, six shall be for~~	39638
~~a term ending June 24, 1989, and six shall be for a term ending~~	39639
~~June 24, 1990. The governor shall make the initial appointments to~~	39640
~~the advisory council of the members representing county and joint~~	39641
~~solid waste management districts within ninety days after the~~	39642
~~effective date of this amendment. Of the initial appointments of~~	39643
~~the members representing solid waste management districts, one~~	39644
~~shall be for a term ending June 24, 1993, and one shall be for a~~	39645
~~term ending June 24, 1994. Thereafter, terms~~Terms of office shall	39646
be for two years with each term ending on the same day of the same	39647
month as did the term that it succeeds. Each member shall hold	39648
office from the date of ~~his~~ appointment until the end of the term	39649
for which hethe member was appointed. Members may be reappointed.	39650
Vacancies shall be filled in the manner provided for original	39651
appointments. Any member appointed to fill a vacancy occurring	39652
prior to the expiration of the term for which ~~his~~the member's	39653
predecessor was appointed shall hold office for the remainder of	39654
that term. A member shall continue in office subsequent to the	39655
expiration of ~~his~~the member's term or until a period of sixty	39656
days has elapsed, whichever occurs first.	39657

The advisory council shall hold at least four regular	39658
quarterly meetings each year. Special meetings may be held at the	39659
behest of the ~~chairman~~chairperson or a majority of the members.	39660
The director of environmental protection shall serve as ~~chairman~~	39661
chairperson of the advisory council. The advisory council annually	39662
shall select from among its members a vice-~~chairman~~chairperson	39663
and a secretary to keep a record of its proceedings. A majority	39664
vote of the members of the advisory council is necessary to take	39665
action on any matter.	39666

Serving as an appointed member of the advisory council does	39667
not constitute holding a public office or position of employment	39668
under the laws of this state and does not constitute grounds for	39669
removal of public officers or employees from their offices or	39670
positions of employment. The governor may remove an appointed	39671
member of the advisory council at any time for misfeasance,	39672
nonfeasance, or malfeasance in office.	39673

Appointed members of the advisory council shall serve without	39674
compensation for attending council meetings. Members of the	39675
advisory council shall be reimbursed for their actual and	39676
necessary expenses incurred in the performance of their duties as	39677
members of the council from moneys appropriated to the	39678
environmental protection agency for administration and enforcement	39679
of the solid waste provisions of this chapter.	39680

The advisory council shall do all of the following:

39681

(A) Advise and assist the director of environmental	39682
protection with preparation of the state solid waste management	39683
plan and periodic revisions to the plan under section 3734.50 of	39684
the Revised Code;	39685

(B) Approve or disapprove the draft state solid waste	39686
management plan and periodic revisions prior to adoption of the	39687
plan under section 3734.50 of the Revised Code;	39688

(C) Annually review implementation of the state solid waste	39689
management plan and the solid waste management plans of county and	39690
joint solid waste management districts approved or ordered to be	39691
implemented under section 3734.521 or 3734.55 of the Revised Code	39692
or amendments to those plans approved or ordered to be implemented	39693
under section 3734.521 or 3734.56 of the Revised Code, and report	39694
its findings to the director.	39695

Sec. 3734.55. (A) Upon completion of its draft solid waste	39696
management plan under section 3734.54 of the Revised Code, the	39697
solid waste management policy committee of a county or joint solid	39698
waste management district shall send a copy of the draft plan to	39699
the director of environmental protection for preliminary review	39700
and comment. Within forty-five days after receiving the draft	39701
plan, the director shall provide the committee with a written,	39702
nonbinding advisory opinion regarding the draft plan and any	39703
recommended changes to it that the director considers necessary to	39704
effect its approval. After receipt of the director's written	39705
opinion, the committee may make such revisions to the draft plan	39706
based on the director's opinion as it considers appropriate. Upon	39707
receipt of the director's opinion and after making any such	39708
revisions to the draft plan, the committee shall prepare and	39709
publish in at least one newspaper of general circulation within	39710
the county or joint district a public notice that describes the	39711
draft plan, specifies the location where it is available for	39712
review, and establishes a period of thirty days for comments	39713
concerning the draft plan. The committee shall send written notice	39714
of the draft plan to adjacent county and joint districts and shall	39715
make it available for review by those districts, by the board of	39716
county commissioners of each county forming the district, by all	39717
municipal corporations and townships within the county or joint	39718
district, and by the public. The committee also shall send written	39719
notice of the plan to the director and to the fifty industrial,	39720
commercial, or institutional generators of solid wastes within the	39721
district that generate the largest quantities of solid wastes, as	39722
determined by the board, and their local trade associations. The	39723
board shall make good faith efforts to identify those generators	39724
within the district and their local trade associations, but the	39725
nonprovision of notice under this division to a particular	39726
industrial, commercial, or institutional generator or local trade	39727
association does not invalidate the proceedings under this	39728
section. All such written notices shall include the date, time,	39729
and location of the public hearing; the dates when the comment	39730
period begins and ends; and a description of the plan that	39731
includes, without limitation, the proposed amount of the fees to	39732
be levied under the plan pursuant to division (B) of section	39733
3734.57 or division (A) of section 3734.573 of the Revised Code,	39734
if any, and an indication as to whether the provision required to	39735
be included in the plan under division (E)(1) of section 3734.53	39736
of the Revised Code authorizes the board of county commissioners	39737
or directors of the district to establish, or precludes the board	39738
from establishing, facility designations under section 343.014 of	39739
the Revised Code. Within fifteen days after expiration of the	39740
comment period, the committee shall conduct a public hearing	39741
concerning the draft plan and, at least fifteen days before the	39742
hearing, shall publish in at least one newspaper of general	39743
circulation within the county or joint district a notice	39744
containing the time and place of the hearing and the location	39745
where the draft plan is available for review.	39746

(B) After the public hearing, the committee may modify the	39747
draft plan based upon the public's comments and shall adopt or	39748
reject it by a majority vote. Within thirty days after adoption of	39749
the draft plan, the committee shall deliver a copy of it to the	39750
board of county commissioners of each county forming the district	39751
and to the legislative authority of each municipal corporation and	39752
township under the jurisdiction of the district. Within ninety	39753
days after receiving a copy of the draft plan adopted by the	39754
committee, each such board and legislative authority shall approve	39755
or disapprove the draft plan, by ordinance or resolution, and	39756
deliver a copy of the ordinance or resolution to the committee.	39757

The solid waste management policy committee of a county	39758
district or a joint district formed by two or three counties shall	39759
declare the draft plan to be ratified as the solid waste	39760
management plan of the district upon determining that the board of	39761
county commissioners of each county forming the district has	39762
approved the draft plan and that the legislative authorities of a	39763
combination of municipal corporations and townships with a	39764
combined population within the county or joint district comprising	39765
at least sixty per cent of the total population of the district	39766
have approved the draft plan, provided that in the case of a	39767
county district, that combination shall include the municipal	39768
corporation having the largest population within the boundaries of	39769
the district, and provided further that in the case of a joint	39770
district formed by two or three counties, that combination shall	39771
include for each county forming the joint district the municipal	39772
corporation having the largest population within the boundaries of	39773
both the county in which the municipal corporation is located and	39774
the joint district. The solid waste management policy committee of	39775
a joint district formed by four or more counties shall declare the	39776
draft plan to be ratified as the solid waste management plan of	39777
the joint district upon determining that the boards of county	39778
commissioners of a majority of the counties forming the district	39779
have approved the draft plan; that, in each of a majority of the	39780
counties forming the joint district, the draft plan has been	39781
approved by the municipal corporation having the largest	39782
population within the county and the joint district; and that the	39783
legislative authorities of a combination of municipal corporations	39784
and townships with a combined population within the joint district	39785
comprising at least sixty per cent of the total population of the	39786
joint district have approved the draft plan.	39787

For the purposes of this division and division (C)(2) of this	39788
section, only the population of the unincorporated area of a	39789
township shall be considered. For the purpose of determining the	39790
largest municipal corporation within each county under this	39791
division and division (C)(2) of this section, a municipal	39792
corporation that is located in more than one solid waste	39793
management district, but that is under the jurisdiction of one	39794
county or joint solid waste management district in accordance with	39795
division (A) of section 3734.52 of the Revised Code shall be	39796
considered to be within the boundaries of the county in which a	39797
majority of the population of the municipal corporation resides.	39798

(C)(1) Upon ratification of the draft plan under division (B)	39799
of this section, the committee shall submit it to the director for	39800
review and approval for compliance with the requirements of	39801
divisions (A), (B), (D), and (E)(1) of section 3734.53 of the	39802
Revised Code. The director, by order, shall approve or disapprove	39803
the plan within ninety days after its submission. The director	39804
shall include with an order disapproving a plan a statement	39805
outlining the deficiencies in the plan and directing the committee	39806
to submit, within ninety days after issuance of the order, a	39807
revised plan that remedies those deficiencies, except that if the	39808
committee, by resolution, requests an extension of the time for	39809
submission of a revised plan, the director, for good cause shown,	39810
may grant one such extension for a period of not more than sixty	39811
additional days.	39812

(2) Within sixty days after issuance of the order	39813
disapproving its plan, the committee shall prepare a draft revised	39814
plan, adopt a draft revised plan by a majority vote, and deliver a	39815
copy of the draft revised plan to the board of county	39816
commissioners of each county forming the district and to the	39817
legislative authority of each municipal corporation and township	39818
under the jurisdiction of the district. Within twenty-one days	39819
after the delivery of the draft revised plan, each such board and	39820
legislative authority shall approve or disapprove the draft	39821
revised plan, by ordinance or resolution, and deliver a copy of	39822
the ordinance or resolution to the committee. In the case of a	39823
county district or a joint district formed by two or three	39824
counties, the committee shall declare the draft revised plan to be	39825
ratified as the solid waste management plan of the county or joint	39826
district upon determining that the board of county commissioners	39827
of each county forming the district has approved the draft revised	39828
plan and that the legislative authorities of a combination of	39829
municipal corporations and townships with a combined population	39830
within the district comprising at least sixty per cent of the	39831
total population of the district have approved the draft revised	39832
plan, provided that in the case of a county district, that	39833
combination shall include the municipal corporation having the	39834
largest population within the boundaries of the district, and	39835
provided further that in the case of a joint district formed by	39836
two or three counties, that combination shall include for each	39837
county forming the joint district the municipal corporation having	39838
the largest population within the boundaries of both the county in	39839
which the municipal corporation is located and the joint district.	39840
In the case of a joint district formed by four or more counties,	39841
the committee shall declare the draft revised plan to be ratified	39842
as the solid waste management plan of the joint district upon	39843
determining that the boards of county commissioners of a majority	39844
of the counties forming the district have approved the draft	39845
revised plan; that, in each of a majority of the counties forming	39846
the joint district, the draft revised plan has been approved by	39847
the municipal corporation having the largest population within the	39848
county and the joint district; and that the legislative	39849
authorities of a combination of municipal corporations and	39850
townships with a combined population within the joint district	39851
comprising at least sixty per cent of the total population of the	39852
joint district have approved the draft revised plan. Upon	39853
ratification of the draft revised plan, the committee shall submit	39854
it to the director for approval in accordance with division (C)(1)	39855
of this section. The director, by order, shall approve or	39856
disapprove the draft revised plan within thirty days after	39857
receiving it.	39858

(3) Notwithstanding section 119.06 of the Revised Code, the	39859
director may approve or disapprove a plan or revised plan	39860
submitted under division (C)(1) or (2) of this section by issuance	39861
of a final order that is effective upon issuance, without the	39862
necessity to hold any adjudication hearing in connection with the	39863
order and without issuance of a proposed action under section	39864
3745.07 of the Revised Code. In any appeal taken under section	39865
3745.04 of the Revised Code pertaining to the director's	39866
disapproval of the solid waste management plan or revised plan of	39867
a county or joint district, the solid waste management policy	39868
committee of the county or joint district and the director shall	39869
be the parties. Upon a showing by the policy committee that there	39870
is a substantial likelihood that it will prevail on the merits,	39871
the environmental review appeals commission, within thirty days	39872
after filing of the notice of appeal under that section and	39873
pending final determination of the appeal, may grant temporary	39874
relief from the director's order disapproving the district's plan,	39875
including the issuance of appropriate orders to the director to	39876
refrain from acting under division (D) of this section.	39877

(4) After approval of the plan or revised plan by the	39878
director, the board of county commissioners of a county district	39879
or board of directors of a joint district shall implement the plan	39880
in compliance with the implementation schedule contained in the	39881
approved plan.	39882

The committee annually shall review implementation of the	39883
plan approved under this section or section 3734.521 of the	39884
Revised Code and subsequent amended plans approved under section	39885
3734.521 or 3734.56 of the Revised Code and report its findings	39886
and recommendations regarding implementation of the plan to the	39887
board of county commissioners or board of directors of the	39888
district.	39889

(D) If the director finds that a county or joint solid waste	39890
management district has failed to obtain approval of its solid	39891
waste management plan within eighteen months after the applicable	39892
date prescribed for submission of its plan under division (A) of	39893
section 3734.54 of the Revised Code or within twenty-four months	39894
after that date if the date for submission was extended under that	39895
division, the director shall prepare a solid waste management plan	39896
for the county or joint district that complies with divisions (A)	39897
and (D) of section 3734.53 of the Revised Code. The plan shall not	39898
contain any of the provisions required or authorized to be	39899
included in plans submitted by districts under division (B), (C),	39900
or (E) of that section. Upon completion of the plan, the director	39901
shall issue an order in accordance with Chapter 3745. of the	39902
Revised Code directing the board of county commissioners or board	39903
of directors of the district to implement the plan in compliance	39904
with the implementation schedule contained in it.	39905

Within thirty days after the effective date of the order to	39906
implement the plan, the board of county commissioners or board of	39907
directors of the district shall determine whether the solid waste	39908
management policy committee of the district should continue to	39909
exist to monitor implementation of the plan or for the purposes of	39910
division (B) of section 3734.57 or section 3734.574 of the Revised	39911
Code. The board, by resolution, may abolish the committee if it	39912
determines that the committee is not necessary for any of those	39913
purposes. If the board of county commissioners or directors of a	39914
district that has so abolished the policy committee of the	39915
district finds that it is necessary or appropriate for the	39916
district to consider levying fees under section 3734.574 of the	39917
Revised Code, the board shall reestablish and convene the policy	39918
committee to initiate proceedings to levy the fees. If the fees	39919
are levied, the policy committee shall continue to exist for as	39920
long as the district is levying the fees. If, after a policy	39921
committee is convened to initiate proceedings to levy those fees,	39922
the fees are not levied or are abolished under section 3734.574 of	39923
the Revised Code, the board, by resolution, may abolish the	39924
committee if it determines that the committee is not necessary to	39925
monitor implementation of the plan.	39926

(E) If the director finds that the board of county	39927
commissioners or the board of directors of a district has	39928
materially failed to implement the district's plan or amended plan	39929
approved under division (C) of this section or section 3734.521 or	39930
3734.56 of the Revised Code, or prepared and ordered to be	39931
implemented under division (D) of this section or section 3734.521	39932
or 3734.56 of the Revised Code, in compliance with the	39933
implementation schedule contained in the plan or amended plan, the	39934
director shall issue an enforcement order under division (A) of	39935
section 3734.13 of the Revised Code directing the board to comply	39936
with the implementation schedule in the plan or amended plan	39937
within a specified, reasonable time. If the director finds that	39938
the board of county commissioners or directors of a district for	39939
which the provision included in the district's initial or amended	39940
plan approved under section 3734.521, 3734.55, or 3734.56 of the	39941
Revised Code pursuant to division (E)(1) or (2)(b) or (c) of	39942
section 3734.53 of the Revised Code, or an amendment to the	39943
district's approved initial or amended plan adopted and ratified	39944
under division (F) of section 3734.56 of the Revised Code,	39945
precludes the board from establishing facility designations under	39946
section 343.014 of the Revised Code has initiated proceedings to	39947
establish facility designations in violation of that section and	39948
the district's initial or amended plan, the director shall issue	39949
an enforcement order under division (A) of section 3734.13 of the	39950
Revised Code directing the board, at the board's discretion, to	39951
either abandon the proceedings or suspend them until after the	39952
board has adopted and obtained ratification of an amendment to the	39953
district's initial or amended plan under division (F) of section	39954
3734.56 of the Revised Code that authorizes the board to establish	39955
facility designations under section 343.014 of the Revised Code.	39956
If the director finds that a board of county commissioners or	39957
directors of a district for which the provision included in the	39958
district's initial or amended plan approved under section	39959
3734.521, 3734.55, or 3734.56 of the Revised Code pursuant to	39960
division (E)(1) or (2)(b) or (c) of section 3734.53 of the Revised	39961
Code, or an amendment to the district's approved initial or	39962
amended plan adopted and ratified under division (F) of section	39963
3734.56 of the Revised Code, authorizes the board to establish	39964
facility designations under section 343.014 of the Revised Code	39965
has established facility designations under section 343.014 of the	39966
Revised Code or continued facility designations under section	39967
343.015 of the Revised Code and subsequently has initiated	39968
proceedings to terminate any such facility designations in	39969
violation of section 343.014 of the Revised Code and the	39970
district's initial or amended plan, the director shall issue an	39971
enforcement order under division (A) of section 3734.13 of the	39972
Revised Code directing the board, at the board's discretion, to	39973
either abandon the proceedings or adopt and obtain ratification of	39974
an amendment to the district's initial or amended plan under	39975
division (F) of section 3734.56 of the Revised Code that precludes	39976
the board from establishing facility designations under section	39977
343.014 of the Revised Code.	39978

(F) The director shall maintain a record of the county and	39979
joint solid waste management district solid waste management plans	39980
and amended plans that the director has approved or ordered to be	39981
implemented under this section, section 3734.521, and section	39982
3734.56 of the Revised Code. ~~Upon determining that each county~~	39983
~~within the state is subject to such a plan or amended plan, the~~	39984
~~director shall notify the chief of recycling and litter prevention~~	39985
~~in the department of natural resources of that fact.~~	39986

(G)(1) As used in divisions (C)(4), (D)(1) and (2), and (E)	39987
of this section and section 3734.521 of the Revised Code, any	39988
reference to a board of county commissioners of a county or a	39989
board of directors of a joint solid waste management district is	39990
deemed to include the board of trustees of a regional solid waste	39991
management authority formed under section 343.011 of the Revised	39992
Code.	39993

(2) As used in this section and sections 3734.521 and 3734.57	39994
of the Revised Code, "deliver" includes mailing as well as	39995
delivery by a means other than mailing.	39996

Sec. 3734.79. (A) Except as provided in division (B) of this	39997
section, each application for a permit submitted under sections	39998
3734.76 to 3734.78 of the Revised Code shall be accompanied by a	39999
nonrefundable application fee of four hundred dollars that shall	40000
be credited to the scrap tire management fund created in section	40001
3734.82 of the Revised Code. If a permit is issued, the amount of	40002
the application fee paid shall be deducted from the amount of the	40003
applicable permit fee due under division ~~(G)~~(R) of section 3745.11	40004
of the Revised Code.	40005

(B) Division (A) of this section does not apply to an	40006
application for a permit for a scrap tire storage facility	40007
submitted under section 3734.76 of the Revised Code if the owner	40008
or operator of the facility or proposed facility is a motor	40009
vehicle salvage dealer licensed under Chapter 4738. of the Revised	40010
Code.	40011

Sec. 3734.82. (A) The annual fee for a scrap tire recovery	40012
facility license issued under section 3734.81 of the Revised Code	40013
shall be in accordance with the following schedule:	40014

Daily Design	Annual	40015
Input Capacity	License	40016
(Tons)	Fee	40017

1 or less	$ 100	40018
2 to 25	500	40019
26 to 50	1,000	40020
51 to 100	1,500	40021
101 to 200	2,500	40022
201 to 500	3,500	40023
501 or more	5,500	40024

For the purpose of determining the applicable license fee	40025
under this division, the daily design input capacity shall be the	40026
quantity of scrap tires the facility is designed to process daily	40027
as set forth in the registration certificate or permit for the	40028
facility, and any modifications to the permit, if applicable,	40029
issued under section 3734.78 of the Revised Code.	40030

(B) The annual fee for a scrap tire monocell or monofill	40031
facility license shall be in accordance with the following	40032
schedule:	40033

Authorized Maximum	Annual	40034
Daily Waste Receipt	License	40035
(Tons)	Fee	40036
100 or less	$ 5,000	40037
101 to 200	12,500	40038
201 to 500	30,000	40039
501 or more	60,000	40040

For the purpose of determining the applicable license fee	40041
under this division, the authorized maximum daily waste receipt	40042
shall be the maximum amount of scrap tires the facility is	40043
authorized to receive daily that is established in the permit for	40044
the facility, and any modification to that permit, issued under	40045
section 3734.77 of the Revised Code.	40046

(C)(1) Except as otherwise provided in division (C)(2) of	40047
this section, the annual fee for a scrap tire storage facility	40048
license shall equal one thousand dollars times the number of acres	40049
on which scrap tires are to be stored at the facility during the	40050
license year, as set forth on the application for the annual	40051
license, except that the total annual license fee for any such	40052
facility shall not exceed three thousand dollars.	40053

(2) The annual fee for a scrap tire storage facility license	40054
for a storage facility that is owned or operated by a motor	40055
vehicle salvage dealer licensed under Chapter 4738. of the Revised	40056
Code is one hundred dollars.	40057

(D)(1) Except as otherwise provided in division (D)(2) of	40058
this section, the annual fee for a scrap tire collection facility	40059
license is two hundred dollars.	40060

(2) The annual fee for a scrap tire collection facility	40061
license for a collection facility that is owned or operated by a	40062
motor vehicle salvage dealer licensed under Chapter 4738. of the	40063
Revised Code is fifty dollars.	40064

(E) Except as otherwise provided in divisions (C)(2) and	40065
(D)(2) of this section, the same fees apply to private operators	40066
and to the state and its political subdivisions and shall be paid	40067
within thirty days after the issuance of a license. The fees	40068
include the cost of licensing, all inspections, and other costs	40069
associated with the administration of the scrap tire provisions of	40070
this chapter and rules adopted under them. Each license shall	40071
specify that it is conditioned upon payment of the applicable fee	40072
to the board of health or the director of environmental	40073
protection, as appropriate, within thirty days after the issuance	40074
of the license.	40075

(F) The board of health shall retain fifteen thousand dollars	40076
of each license fee collected by the board under division (B) of	40077
this section, or the entire amount of any such fee that is less	40078
than fifteen thousand dollars, and the entire amount of each	40079
license fee collected by the board under divisions (A), (C), and	40080
(D) of this section. The moneys retained shall be paid into a	40081
special fund, which is hereby created in each health district, and	40082
used solely to administer and enforce the scrap tire provisions of	40083
this chapter and rules adopted under them. The remainder, if any,	40084
of each license fee collected by the board under division (B) of	40085
this section shall be transmitted to the director within	40086
forty-five days after receipt of the fee.	40087

(G) The director shall transmit the moneys received by the	40088
director from license fees collected under division (B) of this	40089
section to the treasurer of state to be credited to the scrap tire	40090
management fund, which is hereby created in the state treasury.	40091
The fund shall consist of all federal moneys received by the	40092
environmental protection agency for the scrap tire management	40093
program; all grants, gifts, and contributions made to the director	40094
for that program; and all other moneys that may be provided by law	40095
for that program. The director shall use moneys in the fund as	40096
follows:	40097

(1) Expend amounts determined necessary by the director to	40098
implement, administer, and enforce the scrap tire provisions of	40099
this chapter and rules adopted under them;	40100

(2) During each fiscal year, request the director of budget	40101
and management to, and the director of budget and management	40102
shall, transfer one million dollars to the scrap tire grant fund	40103
created in section ~~1502.12~~3734.822 of the Revised Code for	40104
supporting market development activities for scrap tires and	40105
synthetic rubber from tire manufacturing processes and tire	40106
recycling processes. In addition, during a fiscal year, the	40107
director of environmental protection may request the director of	40108
budget and management to, and the director of budget and	40109
management shall, transfer up to an additional five hundred	40110
thousand dollars to the scrap tire grant fund for scrap tire	40111
amnesty events and scrap tire cleanup events.	40112

(3) After the expenditures and transfers are made under	40113
divisions (G)(1) and (2) of this section, expend the balance of	40114
the money in the scrap tire management fund remaining in each	40115
fiscal year to conduct removal actions under section 3734.85 of	40116
the Revised Code and to provide grants to boards of health under	40117
section 3734.042 of the Revised Code.	40118

~~Sec. 1502.12.~~ Sec. 3734.822. (A) There is hereby created in the	40119
state treasury the scrap tire grant fund, consisting of moneys	40120
transferred to the fund under section 3734.82 of the Revised Code.	40121
The ~~chief of the division of recycling and litter prevention, with~~	40122
~~the approval of the~~ director of ~~natural resources,~~environmental	40123
protection may make grants from the fund for the following	40124
purposes:	40125

(1) Supporting market development activities for scrap tires	40126
and synthetic rubber from tire manufacturing processes and tire	40127
recycling processes;	40128

(2) Supporting scrap tire amnesty and cleanup events	40129
sponsored by solid waste management districts.	40130

Grants awarded under division (A)(1) of this section may be	40131
awarded to individuals, businesses, and entities certified under	40132
division (A) of section ~~1502.04~~3736.04 of the Revised Code.	40133

(B) Projects and activities that are eligible for grants	40134
under division (A)(1) of this section shall be evaluated for	40135
funding using, at a minimum, the following criteria:	40136

(1) The degree to which a proposed project contributes to the	40137
increased use of scrap tires generated in this state;	40138

(2) The degree of local financial support for a proposed	40139
project;	40140

(3) The technical merit and quality of a proposed project.

40141

Sec. 3735.37. A metropolitan housing authority shall keep an	40142
accurate account of all its activities and of all receipts and	40143
expenditures and make an annual report ~~thereof to the director of~~	40144
~~development~~of these publicly available. All moneys received in	40145
excess of operating expenditures shall be devoted to the payment	40146
of interest and sinking fund charges for the retirement of	40147
indebtedness, whether secured by mortgage or otherwise, and from	40148
the excess there shall be set aside such fund as the authority	40149
deems proper for the purpose of covering repairs, depreciation,	40150
and reserves. Whatever balance then remains shall be applied to	40151
the reduction of rentals thereafter falling due.	40152

~~Sec. 1502.01.~~ Sec. 3736.01. As used in this chapter:

40153

(A) "Litter" means garbage, trash, waste, rubbish, ashes,	40154
cans, bottles, wire, paper, cartons, boxes, automobile parts,	40155
furniture, glass, or anything else of an unsightly or unsanitary	40156
nature thrown, dropped, discarded, placed, or deposited by a	40157
person on public property, on private property not owned by the	40158
person, or in or on waters of the state unless one of the	40159
following applies:	40160

(1) The person has been directed to do so by a public	40161
official as part of a litter collection drive.	40162

(2) The person has thrown, dropped, discarded, placed, or	40163
deposited the material in a receptacle in a manner that prevented	40164
its being carried away by the elements.	40165

(3) The person has been issued a permit or license covering	40166
the material pursuant to Chapter 3734. or 6111. of the Revised	40167
Code.	40168

(B) "Recycling" means the process of collecting, sorting,	40169
cleansing, treating, and reconstituting waste or other discarded	40170
materials for the purpose of recovering and reusing the materials.	40171

(C) "Agency of the state" includes, but is not limited to, an	40172
"agency" subject to Chapter 119. of the Revised Code and a "state	40173
university or college" as defined in section 3345.12 of the	40174
Revised Code.	40175

(D) "Source reduction" means activities that decrease the	40176
initial production of waste materials at their point of origin.	40177

(E) "Enterprise" means a business with its principal place of	40178
business in this state and that proposes to engage in research and	40179
development or recycling in this state.	40180

(F) "Research and development" means inquiry,	40181
experimentation, or demonstration to advance basic scientific or	40182
technical knowledge or the application, adaptation, or use of	40183
existing or newly discovered scientific or technical knowledge	40184
regarding recycling, source reduction, or litter prevention.	40185

(G) "Recyclables" means waste materials that are collected,	40186
separated, or processed and used as raw materials or products.	40187

(H) "Recycling market development" means activities that	40188
stimulate the demand for recycled products, provide for a	40189
consistent supply of recyclables to meet the needs of recycling	40190
industries, or both.	40191

(I) "Solid waste management districts" means solid waste	40192
management districts established under Chapter 343. of the Revised	40193
Code.	40194

(J) "Synthetic rubber" means produced or extended rubber and	40195
products made from a synthetic rubber base material originating	40196
from petrochemical feedstocks, including scrap tires, tire molds,	40197
automobile engine belts, brake pads and hoses, weather stripping,	40198
fittings, electrical insulation, and other molded objects and	40199
parts.	40200

~~Sec. 1502.03.~~ Sec. 3736.02. (A) The ~~chief~~director of ~~the division~~	40201
~~of recycling and litter prevention~~environmental protection shall	40202
establish and implement statewide source reduction, recycling,	40203
recycling market development, and litter prevention programs that	40204
are consistent with the state solid waste management plan adopted	40205
under section 3734.50 of the Revised Code. The programs shall	40206
include all of the following:	40207

(1) The assessment of waste generation within the state and	40208
implementation of source reduction practices;	40209

(2) The implementation of recycling and recycling market	40210
development activities and projects, including all of the	40211
following:	40212

(a) Collection of recyclables;

40213

(b) Separation of recyclables;

40214

40215

(d) Facilitation and encouragement of the use of recyclables	40216
and products made with recyclables;	40217

(e) Education and training concerning recycling and products	40218
manufactured with recyclables;	40219

(f) Public awareness campaigns to promote recycling;

40220

(g) Other activities and projects that promote recycling and	40221
recycling market development.	40222

(3) Litter prevention assistance to enforce antilitter laws,	40223
educate the public, and stimulate collection and containment of	40224
litter;	40225

(4) Research and development regarding source reduction,	40226
recycling, and litter prevention, including, without limitation,	40227
research and development regarding materials or products	40228
manufactured with recyclables.	40229

(B) The ~~chief, with the approval of the~~ director ~~of natural~~	40230
~~resources,~~ may enter into contracts or other agreements and may	40231
execute any instruments necessary or incidental to the discharge	40232
of the ~~chief's~~director's responsibilities under this chapter.	40233

~~Sec. 1502.02.~~ Sec. 3736.03. (A) ~~There is hereby created in the~~	40234
~~department of natural resources the division of recycling and~~	40235
~~litter prevention to be headed by the chief of recycling and~~	40236
~~litter prevention.~~	40237

~~(B)~~ There is hereby created in the state treasury the	40238
recycling and litter prevention fund, consisting of moneys	40239
distributed to it from fees, including the fee levied under	40240
division (A)(2) of section 3714.073 of the Revised Code, gifts,	40241
donations, grants, reimbursements, and other sources, including	40242
investment earnings.	40243

~~(C)~~(B) The ~~chief~~director of ~~recycling and litter prevention~~	40244
environmental protection shall do all of the following:	40245

(1) Use moneys credited to the fund exclusively for the	40246
purposes set forth in sections ~~1502.03~~3736.02, ~~1502.04~~3736.04,	40247
3736.05, and ~~1502.05~~3745.014 of the Revised Code, with particular	40248
emphasis on programs relating to recycling;	40249

(2) ~~Expend for administration of the division not more than~~	40250
~~ten per cent of any fiscal year's appropriation to the division,~~	40251
~~excluding the amount assessed to the division for direct and~~	40252
~~indirect central support charges;~~	40253

~~(3)~~ Require recipients of grants under section ~~1502.05~~	40254
3736.05 of the Revised Code, as a condition of receiving and	40255
retaining them, to do all of the following:	40256

(a) Create a separate account for the grants and any cash	40257
donations received that qualify for the donor credit allowed by	40258
section 5733.064 of the Revised Code;	40259

(b) Make expenditures from the account exclusively for the	40260
purposes for which the grants were received;	40261

(c) Use any auditing and accounting practices the ~~chief~~	40262
director considers necessary regarding the account;	40263

(d) Report to the ~~chief~~director information regarding the	40264
amount and donor of cash donations received as described by	40265
section 5733.064 of the Revised Code;	40266

(e) Use grants received to supplement and not to replace any	40267
existing funding for such purposes.	40268

~~(4)~~(3) Report to the tax commissioner information the ~~chief~~	40269
director receives pursuant to division ~~(C)(3)~~(B)(2)(d) of this	40270
section.	40271

~~Sec. 1502.04.~~ Sec. 3736.04. There is hereby created within the	40272
~~division of recycling and litter prevention~~environmental	40273
protection agency the recycling and litter prevention advisory	40274
council consisting of thirteen members. The speaker of the house	40275
of representatives shall appoint one member of the house of	40276
representatives to the council, and the president of the senate	40277
shall appoint one member of the senate to the council. If the	40278
president of the senate belongs to the same political party as the	40279
speaker of the house of representatives, the president shall	40280
appoint a member of the senate who belongs to a different	40281
political party as recommended by the minority leader of the	40282
senate. ~~The speaker of the house of representatives and the~~	40283
~~president of the senate shall make their initial appointments to~~	40284
~~the council within sixty days after July 20, 1994.~~ Each member	40285
appointed by the speaker of the house of representatives or the	40286
president of the senate shall serve for a term of office of three	40287
years. The appropriate appointing authority may fill any vacancy	40288
occurring during the term of any member whom the appointing	40289
authority has appointed to the advisory council.	40290

The remaining eleven members shall be appointed by the	40291
governor with the advice and consent of the senate and shall be	40292
persons with knowledge of or experience in recycling or litter	40293
prevention programs. The council shall have broad-based	40294
representation of interests including agriculture, labor, the	40295
environment, manufacturing, wholesale and retail industry, and the	40296
public. One of the business members shall be from the commercial	40297
recycling industry, and another shall be from an industry required	40298
to pay taxes under section 5733.065 of the Revised Code. The	40299
director of ~~natural resources~~environmental protection shall not	40300
be a member of the council. ~~The governor shall make initial~~	40301
~~appointments to the council within thirty days after October 20,~~	40302
~~1987. Of the governor's initial appointments to the council, five~~	40303
~~shall be for a term of one year, and six shall be for a term of~~	40304
~~two years. Thereafter, terms~~Terms of office shall be for three	40305
years. Each member appointed by the governor shall hold office	40306
from the date of the member's appointment until the end of the	40307
term for which the member was appointed. In the event of death,	40308
removal, resignation, or incapacity of a member of the council	40309
appointed by the governor, the governor, with the advice and	40310
consent of the senate, shall appoint a successor who shall hold	40311
office for the remainder of the term for which the successor's	40312
predecessor was appointed. A member shall continue in office	40313
subsequent to the expiration date of the member's term until the	40314
member's successor takes office, or until a period of sixty days	40315
has elapsed, whichever occurs first. The governor at any time may	40316
remove any of the governor's appointees from the council for	40317
misfeasance, nonfeasance, or malfeasance in office.	40318

Members of the council may be reappointed.

40319

The council shall hold at least four regular quarterly	40320
meetings each year. Special meetings may be held at the behest of	40321
the chairperson or a majority of the members. The council annually	40322
shall select from among its members a chairperson, a	40323
vice-chairperson, and a secretary to keep a record of its	40324
proceedings.	40325

A majority vote of the members of the council is necessary to	40326
take action inon any matter.	40327

A member of the council shall serve without compensation for	40328
attending council meetings, but shall be reimbursed for all	40329
traveling, hotel, and other ordinary and necessary expenses	40330
incurred in the performance of the member's work as a member of	40331
the council.	40332

Membership on the council does not constitute holding a	40333
public office or position of employment under the laws of this	40334
state and does not constitute grounds for removal of public	40335
officers or employees from their offices or positions of	40336
employment.	40337

The council shall do all of the following:

40338

(A) ~~In conjunction with the chief of recycling and litter~~	40339
~~prevention and with~~With the approval of the director of ~~natural~~	40340
~~resources~~environmental protection, establish criteria by which to	40341
certify, and certify, agencies of the state, municipal	40342
corporations with a population of more than fifty thousand,	40343
counties, and solid waste management districts as eligible to	40344
receive grants under section ~~1502.05~~3736.05 of the Revised Code;	40345

(B) ~~In conjunction with the chief and with~~With the approval	40346
of the director, establish criteria by which to certify, and	40347
certify, political subdivisions for receipt of special grants for	40348
activities or projects that are intended to accomplish the	40349
purposes of any of the programs established under section ~~1502.03~~	40350
3736.02 of the Revised Code;	40351

(C) Advise the ~~chief~~director in carrying out the ~~chief's~~	40352
director's duties under this chapter.	40353

~~Sec. 1502.05.~~ Sec. 3736.05. (A) The ~~chief~~director of ~~recycling~~	40354
~~and litter prevention~~environmental protection, pursuant to	40355
division (A) of section ~~1502.04~~3736.04 of the Revised Code ~~and~~	40356
~~with the approval of the director of natural resources~~, may make	40357
grants from the recycling and litter prevention fund created in	40358
section ~~1502.02~~3736.03 of the Revised Code to accomplish the	40359
purposes of the programs established under section ~~1502.03~~3736.02	40360
of the Revised Code.	40361

(B) Except as provided in division (C) of this section, ~~the~~	40362
~~chief, with the approval of~~ the director, may require any eligible	40363
applicant certified by the recycling and litter prevention	40364
advisory council under division (A) of section ~~1502.04~~3736.04 of	40365
the Revised Code that applies for a grant for an activity or	40366
project that is intended to further the purposes of any program	40367
established under division (A)(1), (2), or (4) of section ~~1502.03~~	40368
3736.02 of the Revised Code to provide a matching contribution of	40369
not more than fifty per cent of the grant.	40370

(C) Notwithstanding division (B) of this section, any grant	40371
awarded under division (A) of this section to foster cooperative	40372
research and development regarding recycling or the cooperative	40373
establishment or expansion of private recycling facilities or	40374
programs shall be made in conjunction with a contribution to the	40375
project by a cooperating enterprise that maintains or proposes to	40376
maintain a relevant research and development or recycling facility	40377
or program in this state or by an agency of the state, provided	40378
that funding provided by a state agency shall not be provided from	40379
general revenue funds appropriated by the general assembly. No	40380
grant made under division (A) of this section for the purposes	40381
described in this division shall exceed the contribution made by	40382
the cooperating enterprise or state agency. The ~~chief~~director may	40383
consider cooperating contributions in the form of state of the art	40384
new equipment or in other forms if the ~~chief~~director determines	40385
that the contribution is essential to the successful	40386
implementation of the project.	40387

Grants made under division (A) of this section for the	40388
purposes described in this division shall be made in such form and	40389
conditioned on such terms as the ~~chief~~director considers to be	40390
appropriate.	40391

(D)(1) The ~~chief, with the approval of the~~ director, may	40392
require any eligible applicant certified by the recycling and	40393
litter prevention advisory council under division (A) of section	40394
~~1502.04~~3736.04 of the Revised Code that applies for a grant that	40395
is intended to further the purposes of the program established	40396
under division (A)(3) of section ~~1502.03~~3736.02 of the Revised	40397
Code, except any eligible applicant that is or is located in a	40398
county that has a per capita income equal to or below ninety per	40399
cent of the median county per capita income of the state as	40400
determined by the ~~chief~~director using the most recently available	40401
figures from the United States census bureau, to provide a	40402
matching contribution as follows:	40403

(a) Up to ten per cent of the grant from any eligible	40404
applicant that is or is located in a county that has a per capita	40405
income above ninety per cent of the median county per capita	40406
income of the state, but equal to or below one hundred per cent of	40407
the median county per capita income of the state;	40408

(b) Up to twenty per cent of the grant from any eligible	40409
applicant that is or is located in a county that has a per capita	40410
income above the median county per capita income of the state.	40411

(2) If the eligible applicant is a joint solid waste	40412
management district or is filing a joint application on behalf of	40413
two or more counties, the matching contribution required under	40414
division (D)(1) of this section shall be the average of the	40415
matching contributions of all of the counties covered by the	40416
application as determined in accordance with that division. The	40417
matching contribution of a county that has a per capita income	40418
equal to or below ninety per cent of the median county per capita	40419
income of the state shall be included as zero in calculating the	40420
average matching contribution.	40421

(E) ~~After receiving notice from the~~The director of	40422
~~environmental protection that each county within the state is~~	40423
~~subject to the solid waste management plan of a solid waste~~	40424
~~management district, the chief~~ shall ensure that not less than	40425
fifty per cent of the moneys distributed as grants under this	40426
section shall be expended for the purposes of recycling and	40427
recycling market development.	40428

(F) No information that is submitted to, acquired by, or	40429
exchanged with employees of the environmental protection agency	40430
who administer or provide services under this section and that is	40431
submitted, acquired, or exchanged in order to obtain a grant	40432
pursuant to division (A) of this section shall be used in any	40433
manner for the purpose of the enforcement of any requirement	40434
established in an environmental law or used as evidence in any	40435
judicial or administrative enforcement proceeding unless that	40436
information reveals a clear and immediate danger to the	40437
environment or to the health, safety, or welfare of the public.	40438

(G) Nothing in this section confers immunity on persons from	40439
enforcement that is based on information that is obtained by the	40440
director or the director's authorized representatives who are not	40441
employees of the agency who administer or provide services under	40442
this section.	40443

(H) As used in this section, "environmental law" means a law	40444
that is administered by the environmental protection agency.	40445

~~Sec. 1502.06.~~ Sec. 3736.06. (A) Agencies of the state certified	40446
pursuant to section ~~1502.04~~3736.04 of the Revised Code as	40447
eligible to receive a grant shall designate an employee as the	40448
liaison with the ~~chief~~director of ~~recycling and litter prevention~~	40449
environmental protection to cooperate with ~~him~~the director in	40450
carrying out ~~his~~the director's duties under this chapter.	40451

(B) The executive and legislative authorities of municipal	40452
corporations, counties, and townships and the boards of park	40453
commissioners of township park districts created under section	40454
511.18 of the Revised Code, boards of park commissioners of park	40455
districts created under section 1545.04 of the Revised Code, and	40456
boards of education of city, exempted village, local, and joint	40457
vocational school districts may participate in the programs	40458
established under section ~~1502.03~~3736.02 of the Revised Code.	40459

~~Sec. 1502.07.~~ Sec. 3736.07. No person, agency of the state,	40460
municipal corporation, county, or township shall sell or offer for	40461
sale any beer or mixed beverages as defined in section 4301.01 of	40462
the Revised Code, or any soft drink as defined in section 913.22	40463
of the Revised Code, in a metal container that is so designed that	40464
it may be opened by removing from the container a part of the	40465
container without using a separate opener. However, nothing in	40466
this section prohibits the sale or offering for sale of a	40467
container the only detachable part of which is a piece of tape or	40468
other similar adhesive material.	40469

~~Sec. 1502.99.~~ Sec. 3736.99. Whoever violates section ~~1502.07~~	40470
3736.07 of the Revised Code is guilty of a minor misdemeanor. Each	40471
day of violation constitutes a separate offense.	40472

Sec. 3737.83. The fire marshal shall, as part of the state	40473
fire code, adopt rules to:	40474

(A) Establish minimum standards of performance for fire	40475
protection equipment and fire fighting equipment;	40476

(B) Establish minimum standards of training, fix minimum	40477
qualifications, and require certificates for all persons who	40478
engage in the business for profit of installing, testing,	40479
repairing, or maintaining fire protection equipment;	40480

(C) Provide for the issuance of certificates required under	40481
division (B) of this section and establish the fees to be charged	40482
for such certificates. A certificate shall be granted, renewed, or	40483
revoked according to rules the fire marshal shall adopt.	40484

(D) Establish minimum standards of flammability for consumer	40485
goods in any case where the federal government or any department	40486
or agency thereof has established, or may from time to time	40487
establish standards of flammability for consumer goods. The	40488
standards established by the fire marshal shall be identical to	40489
the minimum federal standards.	40490

In any case where the federal government or any department or	40491
agency thereof, establishes standards of flammability for consumer	40492
goods subsequent to the adoption of a flammability standard by the	40493
fire marshal, standards previously adopted by the fire marshal	40494
shall not continue in effect to the extent such standards are not	40495
identical to the minimum federal standards.	40496

With respect to the adoption of minimum standards of	40497
flammability, this division shall supersede any authority granted	40498
a political subdivision by any other section of the Revised Code.	40499

(E) Establish minimum standards pursuant to section 5104.05	40500
of the Revised Code for fire prevention and fire safety in child	40501
day-care centers and in type A family day-care homes, as defined	40502
in section 5104.01 of the Revised Code.	40503

(F) Establish minimum standards for fire prevention and	40504
safety ~~an adult group home seeking licensure as an adult care~~in a	40505
residential facility ~~must meet~~licensed under section ~~5119.71~~	40506
5119.22 of the Revised Code that provides accommodations,	40507
supervision, and personal care services for three to sixteen	40508
unrelated adults. The fire marshal shall adopt the rules under	40509
this division in consultation with the ~~directors~~director of	40510
mental health ~~and aging~~ and interested parties designated by the	40511
~~directors~~director of mental health ~~and aging~~.	40512

Sec. 3737.841. As used in this section and section 3737.842	40513
of the Revised Code:	40514

(A) "Public occupancy" means all of the following:

40515

(1) Any state correctional institution as defined in section	40516
2967.01 of the Revised Code and any county, multicounty,	40517
municipal, or municipal-county jail or workhouse;	40518

(2) Any hospital as defined in section 3727.01 of the Revised	40519
Code, any hospital licensed by the department of mental health	40520
under section 5119.20 of the Revised Code, and any institution,	40521
hospital, or other place established, controlled, or supervised by	40522
the department of mental health under Chapter 5119. of the Revised	40523
Code;	40524

(3) Any nursing home, residential care facility, or home for	40525
the aging as defined in section 3721.01 of the Revised Code and	40526
any ~~adult care~~residential facility ~~as defined in~~licensed under	40527
section ~~5119.70~~5119.22 of the Revised Code that provides	40528
accommodations, supervision, and personal care services for three	40529
to sixteen unrelated adults;	40530

(4) Any child day-care center and any type A family day-care	40531
home as defined in section 5104.01 of the Revised Code;	40532

(5) Any public auditorium or stadium;

40533

(6) Public assembly areas of hotels and motels containing	40534
more than ten articles of seating furniture.	40535

(B) "Sell" includes sell, offer or expose for sale, barter,	40536
trade, deliver, give away, rent, consign, lease, possess for sale,	40537
or dispose of in any other commercial manner.	40538

(C) Except as provided in division (D) of this section,	40539
"seating furniture" means any article of furniture, including	40540
children's furniture, that can be used as a support for an	40541
individual, or an individual's limbs or feet, when sitting or	40542
resting in an upright or reclining position and that either:	40543

(1) Is made with loose or attached cushions or pillows;

40544

(2) Is stuffed or filled in whole or in part with any filling	40545
material;	40546

(3) Is or can be stuffed or filled in whole or in part with	40547
any substance or material, concealed by fabric or any other	40548
covering.	40549

"Seating furniture" includes the cushions or pillows	40550
belonging to or forming a part of the furniture, the structural	40551
unit, and the filling material and its container or covering.	40552

(D) "Seating furniture" does not include, except if intended	40553
for use by children or in facilities designed for the care or	40554
treatment of humans, any of the following:	40555

(1) Cushions or pads intended solely for outdoor use;

40556

(2) Any article with a smooth surface that contains no more	40557
than one-half inch of filling material, if that article does not	40558
have an upholstered horizontal surface meeting an upholstered	40559
vertical surface;	40560

(3) Any article manufactured solely for recreational use or	40561
physical fitness purposes, including weight-lifting benches,	40562
gymnasium mats or pads, and sidehorses.	40563

(E) "Filling material" means cotton, wool, kapok, feathers,	40564
down, hair, liquid, or any other natural or artificial material or	40565
substance that is used or can be used as stuffing in seating	40566
furniture.	40567

Sec. 3742.01. As used in this chapter:

40568

(A) "Board of health" means the board of health of a city or	40569
general health district or the authority having the duties of a	40570
board of health under section 3709.05 of the Revised Code.	40571

(B) "Child care facility" means each area of any of the	40572
following in which child care, as defined in section 5104.01 of	40573
the Revised Code, is provided to children under six years of age:	40574

(1) A child day-care center, type A family day-care home, or	40575
type B family day-care home as defined in section 5104.01 of the	40576
Revised Code;	40577

(2) A type C family day-care home authorized to provide child	40578
care by Sub. H.B. 62 of the 121st general assembly, as amended by	40579
Am. Sub. S.B. 160 of the 121st general assembly and Sub. H.B. 407	40580
of the 123rd general assembly;	40581

(3) A preschool program or school child program as defined in	40582
section 3301.52 of the Revised Code.	40583

(C) "Clearance examination" means an examination to determine	40584
whether the lead hazards in a residential unit, child care	40585
facility, or school have been sufficiently controlled. A clearance	40586
examination includes a visual assessment, collection, and analysis	40587
of environmental samples.	40588

(D) "Clearance technician" means a person, other than a	40589
licensed lead inspector or licensed lead risk assessor, who	40590
performs a clearance examination.	40591

(E) "Clinical laboratory" means a facility for the	40592
biological, microbiological, serological, chemical,	40593
immunohematological, hematological, biophysical, cytological,	40594
pathological, or other examination of substances derived from the	40595
human body for the purpose of providing information for the	40596
diagnosis, prevention, or treatment of any disease, or in the	40597
assessment or impairment of the health of human beings. "Clinical	40598
laboratory" does not include a facility that only collects or	40599
prepares specimens, or serves as a mailing service, and does not	40600
perform testing.	40601

(F) "Encapsulation" means the coating and sealing of surfaces	40602
with durable surface coating specifically formulated to be	40603
elastic, able to withstand sharp and blunt impacts, long-lasting,	40604
and resilient, while also resistant to cracking, peeling, algae,	40605
fungus, and ultraviolet light, so as to prevent any part of	40606
lead-containing paint from becoming part of house dust or	40607
otherwise accessible to children.	40608

(G) "Enclosure" means the resurfacing or covering of surfaces	40609
with durable materials such as wallboard or paneling, and the	40610
sealing or caulking of edges and joints, so as to prevent or	40611
control chalking, flaking, peeling, scaling, or loose	40612
lead-containing substances from becoming part of house dust or	40613
otherwise accessible to children.	40614

(H) "Environmental lead analytical laboratory" means a	40615
facility that analyzes air, dust, soil, water, paint, film, or	40616
other substances, other than substances derived from the human	40617
body, for the presence and concentration of lead.	40618

(I) "HEPA" means the designation given to a product, device,	40619
or system that has been equipped with a high-efficiency	40620
particulate air filter, which is a filter capable of removing	40621
particles of 0.3 microns or larger from air at 99.97 per cent or	40622
greater efficiency.	40623

(J) "Interim controls" means a set of measures designed to	40624
reduce temporarily human exposure or likely human exposure to lead	40625
hazards. Interim controls include specialized cleaning, repairs,	40626
painting, temporary containment, ongoing lead hazard maintenance	40627
activities, and the establishment and operation of management and	40628
resident education programs.	40629

(K)(1) "Lead abatement" means a measure or set of measures	40630
designed for the single purpose of permanently eliminating lead	40631
hazards. "Lead abatement" includes all of the following:	40632

(a) Removal of lead-based paint and lead-contaminated dust;

40633

(b) Permanent enclosure or encapsulation of lead-based paint;

40634

(c) Replacement of surfaces or fixtures painted with	40635
lead-based paint;	40636

(d) Removal or permanent covering of lead-contaminated soil;

40637

(e) Preparation, cleanup, and disposal activities associated	40638
with lead abatement.	40639

(2) "Lead abatement" does not include any of the following:

40640

(a) Preventive treatments performed pursuant to section	40641
3742.41 of the Revised Code;	40642

(b) Implementation of interim controls;

40643

(c) Activities performed by a property owner on a residential	40644
unit to which both of the following apply:	40645

(i) It is a freestanding single-family home used as the	40646
property owner's private residence.	40647

(ii) No child under six years of age who has lead poisoning	40648
resides in the unit.	40649

(L) "Lead abatement contractor" means any individual who	40650
engages in or intends to engage in lead abatement and employs or	40651
supervises one or more lead abatement workers, including on-site	40652
supervision of lead abatement projects, or prepares	40653
specifications, plans, or documents for a lead abatement project.	40654

(M) "Lead abatement project" means one or more lead abatement	40655
activities that are conducted by a lead abatement contractor and	40656
are reasonably related to each other.	40657

(N) "Lead abatement project designer" means a person who is	40658
responsible for designing lead abatement projects and preparing a	40659
pre-abatement plan for all designed projects.	40660

(O) "Lead abatement worker" means an individual who is	40661
responsible in a nonsupervisory capacity for the performance of	40662
lead abatement.	40663

(P) "Lead-based paint" means any paint or other similar	40664
surface-coating substance containing lead at or in excess of the	40665
level that is hazardous to human health, as that level is	40666
established ~~by rule of the public health council~~in rules adopted	40667
under section 3742.50 of the Revised Code.	40668

(Q) "Lead-contaminated dust" means dust that contains an area	40669
or mass concentration of lead at or in excess of the level that is	40670
hazardous to human health, as that level is established ~~by rule of~~	40671
~~the public health council~~in rules adopted under section 3742.50	40672
of the Revised Code.	40673

(R) "Lead-contaminated soil" means soil that contains lead at	40674
or in excess of the level that is hazardous to human health, as	40675
that level is established ~~by rule of the public health council~~in	40676
rules adopted under section 3742.50 of the Revised Code.	40677

(S) "Lead hazard" means material that is likely to cause lead	40678
exposure and endanger an individual's health as determined by the	40679
~~public~~director of health ~~council~~ in rules adopted under section	40680
3742.50 of the Revised Code. "Lead hazard" includes lead-based	40681
paint, lead-contaminated dust, lead-contaminated soil, and	40682
lead-contaminated water pipes.	40683

(T) "Lead inspection" means a surface-by-surface	40684
investigation to determine the presence of lead-based paint. The	40685
inspection shall use a sampling or testing technique approved by	40686
the ~~public health council~~director in rules adopted ~~by the council~~	40687
under section 3742.03 of the Revised Code. A licensed lead	40688
inspector or laboratory approved under section 3742.09 of the	40689
Revised Code shall certify in writing the precise results of the	40690
inspection.	40691

(U) "Lead inspector" means any individual who conducts a lead	40692
inspection, provides professional advice regarding a lead	40693
inspection, or prepares a report explaining the results of a lead	40694
inspection.	40695

(V) "Lead poisoning" means the level of lead in human blood	40696
that is hazardous to human health, as specified in rules adopted	40697
under section 3742.50 of the Revised Code.	40698

(W) "Lead risk assessment" means an on-site investigation to	40699
determine and report the existence, nature, severity, and location	40700
of lead hazards in a residential unit, child care facility, or	40701
school, including information gathering from the unit, facility,	40702
or school's current owner's knowledge regarding the age and	40703
painting history of the unit, facility, or school and occupancy by	40704
children under six years of age, visual inspection, limited wipe	40705
sampling or other environmental sampling techniques, and any other	40706
activity as may be appropriate.	40707

(X) "Lead risk assessor" means a person who is responsible	40708
for developing a written inspection, risk assessment, and analysis	40709
plan; conducting inspections for lead hazards in a residential	40710
unit, child care facility, or school; interpreting results of	40711
inspections and risk assessments; identifying hazard control	40712
strategies to reduce or eliminate lead exposures; and completing a	40713
risk assessment report.	40714

(Y) "Lead-safe renovation" means the supervision or	40715
performance of services for the general improvement of all or part	40716
of an existing structure, including a residential unit, child care	40717
facility, or school, when the services are supervised or performed	40718
by a lead-safe renovator.	40719

(Z) "Lead-safe renovator" means a person who has successfully	40720
completed a training program in lead-safe renovation approved	40721
under section 3742.47 of the Revised Code.	40722

(AA) "Manager" means a person, who may be the same person as	40723
the owner, responsible for the daily operation of a residential	40724
unit, child care facility, or school.	40725

(BB) "Permanent" means an expected design life of at least	40726
twenty years.	40727

(CC) "Replacement" means an activity that entails removing	40728
components such as windows, doors, and trim that have lead hazards	40729
on their surfaces and installing components free of lead hazards.	40730

(DD) "Residential unit" means a dwelling or any part of a	40731
building being used as an individual's private residence.	40732

(EE) "School" means a public or nonpublic school in which	40733
children under six years of age receive education.	40734

Sec. 3742.02. (A) No person shall do any of the following:

40735

(1) Violate any provision of this chapter or the rules	40736
adopted pursuant to it;	40737

(2) Apply or cause to be applied any lead-based paint on or	40738
inside a residential unit, child care facility, or school, unless	40739
the ~~public~~director of health ~~council~~ has determined by rule under	40740
section 3742.50 of the Revised Code that no suitable substitute	40741
exists;	40742

(3) Interfere with an investigation conducted by the director	40743
of health or a board of health in accordance with section 3742.35	40744
of the Revised Code.	40745

(B) No person shall knowingly authorize or employ an	40746
individual to perform lead abatement on a residential unit, child	40747
care facility, or school unless the individual who will perform	40748
the lead abatement holds a valid license issued under section	40749
3742.05 of the Revised Code.	40750

(C) No person shall do any of the following when a	40751
residential unit, child care facility, or school is involved:	40752

(1) Perform a lead inspection without a valid lead inspector	40753
license issued under section 3742.05 of the Revised Code;	40754

(2) Perform a lead risk assessment or provide professional	40755
advice regarding lead abatement without a valid lead risk assessor	40756
license issued under section 3742.05 of the Revised Code;	40757

(3) Act as a lead abatement contractor without a valid lead	40758
abatement contractor's license issued under section 3742.05 of the	40759
Revised Code;	40760

(4) Act as a lead abatement project designer without a valid	40761
lead abatement project designer license issued under section	40762
3742.05 of the Revised Code;	40763

(5) Perform lead abatement without a valid lead abatement	40764
worker license issued under section 3742.05 of the Revised Code;	40765

(6) Effective one year after April 7, 2003, perform a	40766
clearance examination without a valid clearance technician license	40767
issued under section 3742.05 of the Revised Code, unless the	40768
person holds a valid lead inspector license or valid lead risk	40769
assessor license issued under that section;	40770

(7) Perform lead training for the licensing purposes of this	40771
chapter without a valid approval from the director of health under	40772
section 3742.08 of the Revised Code;	40773

(8) Perform interim controls without complying with 24 C.F.R.	40774
Part 35.	40775

Sec. 3742.03. The ~~public~~director of health ~~council~~ shall	40776
adopt rules in accordance with Chapter 119. of the Revised Code	40777
for the administration and enforcement of sections 3742.01 to	40778
3742.19 and 3742.99 of the Revised Code. The rules shall specify	40779
all of the following:	40780

(A) Procedures to be followed by a lead abatement contractor,	40781
lead abatement project designer, lead abatement worker, lead	40782
inspector, or lead risk assessor licensed under section 3742.05 of	40783
the Revised Code for undertaking lead abatement activities and	40784
procedures to be followed by a clearance technician, lead	40785
inspector, or lead risk assessor in performing a clearance	40786
examination;	40787

(B)(1) Requirements for training and licensure, in addition	40788
to those established under section 3742.08 of the Revised Code, to	40789
include levels of training and periodic refresher training for	40790
each class of worker, and to be used for licensure under section	40791
3742.05 of the Revised Code. Except in the case of clearance	40792
technicians, these requirements shall include at least twenty-four	40793
classroom hours of training based on the Occupational Safety and	40794
Health Act training program for lead set forth in 29 C.F.R.	40795
1926.62. For clearance technicians, the training requirements to	40796
obtain an initial license shall not exceed six hours and the	40797
requirements for refresher training shall not exceed two hours	40798
every four years. In establishing the training and licensure	40799
requirements, the ~~public health council~~director shall consider	40800
the core of information that is needed by all licensed persons,	40801
and establish the training requirements so that persons who would	40802
seek licenses in more than one area would not have to take	40803
duplicative course work.	40804

(2) Persons certified by the American board of industrial	40805
hygiene as a certified industrial hygienist or as an industrial	40806
hygienist-in-training, and persons registered as a sanitarian or	40807
sanitarian-in-training under Chapter 4736. of the Revised Code,	40808
shall be exempt from any training requirements for initial	40809
licensure established under this chapter, but shall be required to	40810
take any examinations for licensure required under section 3742.05	40811
of the Revised Code.	40812

(C) Fees for licenses issued under section 3742.05 of the	40813
Revised Code and for their renewal;	40814

(D) Procedures to be followed by lead inspectors, lead	40815
abatement contractors, environmental lead analytical laboratories,	40816
lead risk assessors, lead abatement project designers, and lead	40817
abatement workers to prevent public exposure to lead hazards and	40818
ensure worker protection during lead abatement projects;	40819

(E)(1) Record-keeping and reporting requirements for clinical	40820
laboratories, environmental lead analytical laboratories, lead	40821
inspectors, lead abatement contractors, lead risk assessors, lead	40822
abatement project designers, and lead abatement workers for lead	40823
abatement projects and record-keeping and reporting requirements	40824
for clinical laboratories, environmental lead analytical	40825
laboratories, and clearance technicians for clearance	40826
examinations;	40827

(2) Record-keeping and reporting requirements regarding lead	40828
poisoning for physicians, in addition to the requirements of	40829
section 3701.25 of the Revised Code;	40830

(3) Information that is required to be reported under rules	40831
based on divisions (E)(1) and (2) of this section and that is a	40832
medical record is not a public record under section 149.43 of the	40833
Revised Code and shall not be released, except in aggregate	40834
statistical form.	40835

(F) Environmental sampling techniques for use in collecting	40836
samples of air, water, dust, paint, and other materials;	40837

(G) Requirements for a respiratory protection plan prepared	40838
in accordance with section 3742.07 of the Revised Code;	40839

(H) Requirements under which a manufacturer of encapsulants	40840
must demonstrate evidence of the safety and durability of its	40841
encapsulants by providing results of testing from an independent	40842
laboratory indicating that the encapsulants meet the standards	40843
developed by the "E06.23.30 task group on encapsulants," which is	40844
the task group of the lead hazards associated with buildings	40845
subcommittee of the performance of buildings committee of the	40846
American society for testing and materials.	40847

Sec. 3742.04. (A) The director of health shall do all of the	40848
following:	40849

(1) Administer and enforce the requirements of sections	40850
3742.01 to 3742.19 and 3742.99 of the Revised Code and the rules	40851
adopted pursuant to those sections;	40852

(2) Examine records and reports submitted by lead inspectors,	40853
lead abatement contractors, lead risk assessors, lead abatement	40854
project designers, lead abatement workers, and clearance	40855
technicians in accordance with section 3742.05 of the Revised Code	40856
to determine whether the requirements of this chapter are being	40857
met;	40858

(3) Examine records and reports submitted by physicians,	40859
clinical laboratories, and environmental lead analytical	40860
laboratories under section 3701.25 or 3742.09 of the Revised Code;	40861

(4) Issue approval to manufacturers of encapsulants that have	40862
done all of the following:	40863

(a) Submitted an application for approval to the director on	40864
a form prescribed by the director;	40865

(b) Paid the application fee established by the director;

40866

(c) Submitted results from an independent laboratory	40867
indicating that the manufacturer's encapsulants satisfy the	40868
requirements established in rules adopted under division (H) of	40869
section 3742.03 of the Revised Code;	40870

(d) Complied with rules adopted by the ~~public health council~~	40871
director regarding durability and safety to workers and residents.	40872

(5) Establish liaisons and cooperate with the directors or	40873
agencies in states having lead abatement, licensing,	40874
accreditation, certification, and approval programs to promote	40875
consistency between the requirements of this chapter and those of	40876
other states in order to facilitate reciprocity of the programs	40877
among states;	40878

(6) Establish a program to monitor and audit the quality of	40879
work of lead inspectors, lead risk assessors, lead abatement	40880
project designers, lead abatement contractors, lead abatement	40881
workers, and clearance technicians. The director may refer	40882
improper work discovered through the program to the attorney	40883
general for appropriate action.	40884

(B) In addition to any other authority granted by this	40885
chapter, the director of health may do any of the following:	40886

(1) Employ persons who have received training from a program	40887
the director has determined provides the necessary background. The	40888
appropriate training may be obtained in a state that has an	40889
ongoing lead abatement program under which it conducts educational	40890
programs.	40891

(2) Cooperate with the United States environmental protection	40892
agency in any joint oversight procedures the agency may propose	40893
for laboratories that offer lead analysis services and are	40894
accredited under the agency's laboratory accreditation program;	40895

(3) Advise, consult, cooperate with, or enter into contracts	40896
or cooperative agreements with any person, government entity,	40897
interstate agency, or the federal government as the director	40898
considers necessary to fulfill the requirements of this chapter	40899
and the rules adopted under it.	40900

Sec. 3742.05. (A)(1) The director of health shall issue lead	40901
inspector, lead abatement contractor, lead risk assessor, lead	40902
abatement project designer, lead abatement worker, and clearance	40903
technician licenses. The director shall issue a license to an	40904
applicant who meets all of the following requirements:	40905

(a) Submits an application to the director on a form	40906
prescribed by the director;	40907

(b) Meets the licensing and training requirements established	40908
~~by the public health council~~in rules adopted under section	40909
3742.03 of the Revised Code;	40910

(c) Successfully completes the licensing examination for the	40911
applicant's area of expertise administered under section 3742.08	40912
of the Revised Code and any training required by the director	40913
under that section;	40914

(d) Pays the license fee established ~~by the public health~~	40915
~~council~~in rules adopted under section 3742.03 of the Revised	40916
Code;	40917

(e) Provides the applicant's social security number and any	40918
information the director may require to demonstrate the	40919
applicant's compliance with this chapter and the rules adopted	40920
under it.	40921

(2) An individual may hold more than one license issued under	40922
this section, but a separate application is required for each	40923
license.	40924

(B) A license issued under this section expires two years	40925
after the date of issuance. The director shall renew a license in	40926
accordance with the standard renewal procedure set forth in	40927
Chapter 4745. of the Revised Code, if the licensee does all of the	40928
following:	40929

(1) Continues to meet the requirements of division (A) of	40930
this section;	40931

(2) Demonstrates compliance with procedures to prevent public	40932
exposure to lead hazards and for worker protection during lead	40933
abatement projects established ~~by rule~~in rules adopted ~~by the~~	40934
~~public health council~~ under section 3742.03 of the Revised Code;	40935

(3) Meets the record-keeping and reporting requirements for	40936
lead abatement projects or clearance examinations established by	40937
~~rule~~in rules adopted ~~by the public health council~~ under section	40938
3742.03 of the Revised Code;	40939

(4) Pays the license renewal fee established ~~by rule~~in rules	40940
adopted ~~by the public health council~~ under section 3742.03 of the	40941
Revised Code.	40942

(C) An individual licensed, certified, or otherwise approved	40943
under the law of another state to perform functions substantially	40944
similar to those of a lead inspector, lead abatement contractor,	40945
lead risk assessor, lead abatement project designer, lead	40946
abatement worker, or clearance technician may apply to the	40947
director of health for licensure in accordance with the procedures	40948
set forth in division (A) of this section. The director shall	40949
license an individual under this division on a determination that	40950
the standards for licensure, certification, or approval in that	40951
state are at least substantially equivalent to those established	40952
by this chapter and the rules adopted under it. The director may	40953
require an examination for licensure under this division.	40954

Sec. 3742.30. Each child at risk of lead poisoning shall	40955
undergo a blood lead screening test to determine whether the child	40956
has lead poisoning. The at-risk children shall undergo the test at	40957
times determined by rules the ~~public~~director of health ~~council~~	40958
shall adopt in accordance with Chapter 119. of the Revised Code	40959
that are consistent with the guidelines established by the centers	40960
for disease control and prevention in the public health service of	40961
the United States department of health and human services. The	40962
rules shall specify which children are at risk of lead poisoning.	40963

Neither this section nor the rules adopted under it affect	40964
the coverage of blood lead screening tests by any publicly funded	40965
health program, including the medicaid program established by	40966
Chapter 5111. of the Revised Code. Neither this section nor the	40967
rules adopted under it apply to a child if a parent of the child	40968
objects to the test on the grounds that the test conflicts with	40969
the parent's religious tenets and practices.	40970

Sec. 3742.31. (A) The director of health shall establish,	40971
promote, and maintain a child lead poisoning prevention program.	40972
The program shall provide statewide coordination of screening,	40973
diagnosis, and treatment services for children under age six,	40974
including both of the following:	40975

(1) Collecting the social security numbers of all children	40976
screened, diagnosed, or treated as part of the program's case	40977
management system;	40978

(2) Disclosing to the office of ~~Ohio health plans~~medical	40979
assistance in the department of job and family services on at	40980
least an annual basis the identity and lead screening test results	40981
of each child screened pursuant to section 3742.30 of the Revised	40982
Code. The director shall collect and disseminate information	40983
relating to child lead poisoning and controlling lead hazards.	40984

(B) The director of health shall operate the child lead	40985
poisoning prevention program in accordance with rules adopted	40986
under section 3742.50 of the Revised Code. The director may enter	40987
into an interagency agreement with one or more other state	40988
agencies to perform one or more of the program's duties. The	40989
director shall supervise and direct an agency's performance of	40990
such a duty.	40991

Sec. 3742.32. (A) The director of health shall appoint an	40992
advisory council to assist in the ongoing development and	40993
implementation of the child lead poisoning prevention program	40994
created under section 3742.31 of the Revised Code. The advisory	40995
council shall consist of the following members:	40996

(1) A representative of the office of ~~Ohio health plans~~	40997
medical assistance in the department of job and family services;	40998

(2) A representative of the bureau of child care in the	40999
department of job and family services;	41000

(3) A representative of the department of environmental	41001
protection;	41002

(4) A representative of the department of education;

41003

(5) A representative of the department of development;

41004

(6) A representative of the Ohio apartment owner's	41005
association;	41006

(7) A representative of the Ohio help end lead poisoning	41007
coalition;	41008

(8) A representative of the Ohio environmental health	41009
association;	41010

(9) An Ohio representative of the national paint and coatings	41011
association.	41012

(B) The advisory council shall do both of the following:

41013

(1) Provide the director with advice regarding the policies	41014
the child lead poisoning prevention program should emphasize,	41015
preferred methods of financing the program, and any other matter	41016
relevant to the program's operation;	41017

(2) Submit a report of the state's activities to the	41018
governor, president of the senate, and speaker of the house of	41019
representatives on or before the first day of March each year.	41020

(C) The advisory council is not subject to sections 101.82 to	41021
101.87 of the Revised Code.	41022

Sec. 3742.47. (A) A person seeking approval of a training	41023
program in either essential maintenance practices or lead-safe	41024
renovation shall apply for approval to the director of health. The	41025
application shall be made on a form prescribed by the director and	41026
shall include the fee established under division (B) of this	41027
section. The director shall issue approval to the applicant if the	41028
applicant demonstrates to the satisfaction of the director that	41029
the training program will meet the following requirements and any	41030
other training program requirements established by rules adopted	41031
under section 3742.50 of the Revised Code:	41032

(1) Conducts the training program in a period of time that	41033
does not exceed six hours;	41034

(2) Administers an examination established by rule of the	41035
~~public health council~~director at the end of the training program	41036
to each person who completes the training;	41037

(3) Grades each examination not later than one week after its	41038
completion and determines whether the person who took the	41039
examination received a passing score;	41040

(4) Not later than one week after the examination is	41041
completed provides written proof of training program completion to	41042
each person who completes the program and passes the examination.	41043

(B) The director of health shall establish an application fee	41044
for approving training programs under this section. The fee shall	41045
be reasonable and shall not exceed the expenses incurred in	41046
conducting the approval of training programs. An application fee	41047
submitted under division (A) of this section is nonrefundable.	41048

Sec. 3742.50. (A) The ~~public~~director of health ~~council~~	41049
shall adopt rules in accordance with Chapter 119. of the Revised	41050
Code establishing all of the following:	41051

(1) Procedures necessary for the development and operation of	41052
the child lead poisoning prevention program established under	41053
section 3742.31 of the Revised Code;	41054

(2) Standards and procedures for conducting investigations	41055
and risk assessments under sections 3742.35 and 3742.36 of the	41056
Revised Code;	41057

(3) Standards and procedures for issuing lead hazard control	41058
orders under section 3742.37 of the Revised Code, including	41059
standards and procedures for determining appropriate deadlines for	41060
complying with lead hazard control orders;	41061

(4) The level of lead in human blood that is hazardous to	41062
human health, consistent with the guidelines issued by the centers	41063
for disease control and prevention in the public health service of	41064
the United States department of health and human services;	41065

(5) The level of lead in paint, dust, and soil that is	41066
hazardous to human health;	41067

(6) Standards and procedures to be followed when implementing	41068
preventive treatments for the control of lead hazards pursuant to	41069
section 3742.41 of the Revised Code that are based on information	41070
from the United States environmental protection agency, department	41071
of housing and urban development, occupational safety and health	41072
administration, or other agencies with recommendations or	41073
guidelines regarding implementation of preventive treatments;	41074

(7) Standards that must be met to pass a clearance	41075
examination;	41076

(8) Procedures for approving under section 3742.47 of the	41077
Revised Code training programs in essential maintenance practices	41078
and lead-safe renovation and requirements, in addition to those	41079
specified in section 3742.47 of the Revised Code, that a program	41080
must meet to receive approval;	41081

(9) The examination to be administered by a training program	41082
approved under section 3742.47 of the Revised Code and the	41083
examination's passing score.	41084

(B) The ~~public health council~~director shall establish	41085
procedures for revising its rules to ensure that the child lead	41086
poisoning prevention activities conducted under this chapter	41087
continue to meet the requirements necessary to obtain any federal	41088
funding available for those activities, including requirements	41089
established by the United States environmental protection agency,	41090
United States department of housing and urban development, or any	41091
other federal agency with jurisdiction over activities pertaining	41092
to child lead poisoning prevention.	41093

Sec. 3743.04. (A) The license of a manufacturer of fireworks	41094
is effective for one year beginning on the first day of December.	41095
The state fire marshal shall issue or renew a license only on that	41096
date and at no other time. If a manufacturer of fireworks wishes	41097
to continue manufacturing fireworks at the designated fireworks	41098
plant after its then effective license expires, it shall apply no	41099
later than the first day of October for a new license pursuant to	41100
section 3743.02 of the Revised Code. The state fire marshal shall	41101
send a written notice of the expiration of its license to a	41102
licensed manufacturer at least three months before the expiration	41103
date.	41104

(B) If, during the effective period of its licensure, a	41105
licensed manufacturer of fireworks wishes to construct, locate, or	41106
relocate any buildings or other structures on the premises of its	41107
fireworks plant, to make any structural change or renovation in	41108
any building or other structure on the premises of its fireworks	41109
plant, or to change the nature of its manufacturing of fireworks	41110
so as to include the processing of fireworks, the manufacturer	41111
shall notify the state fire marshal in writing. The state fire	41112
marshal may require a licensed manufacturer also to submit	41113
documentation, including, but not limited to, plans covering the	41114
proposed construction, location, relocation, structural change or	41115
renovation, or change in manufacturing of fireworks, if the state	41116
fire marshal determines the documentation is necessary for	41117
evaluation purposes in light of the proposed construction,	41118
location, relocation, structural change or renovation, or change	41119
in manufacturing of fireworks.	41120

Upon receipt of the notification and additional documentation	41121
required by the state fire marshal, the state fire marshal shall	41122
inspect the premises of the fireworks plant to determine if the	41123
proposed construction, location, relocation, structural change or	41124
renovation, or change in manufacturing of fireworks conforms to	41125
sections 3743.02 to 3743.08 of the Revised Code and the rules	41126
adopted by the state fire marshal pursuant to section 3743.05 of	41127
the Revised Code. The state fire marshal shall issue a written	41128
authorization to the manufacturer for the construction, location,	41129
relocation, structural change or renovation, or change in	41130
manufacturing of fireworks if the state fire marshal determines,	41131
upon the inspection and a review of submitted documentation, that	41132
the construction, location, relocation, structural change or	41133
renovation, or change in manufacturing of fireworks conforms to	41134
those sections and rules. Upon authorizing a change in	41135
manufacturing of fireworks to include the processing of fireworks,	41136
the state fire marshal shall make notations on the manufacturer's	41137
license and in the list of licensed manufacturers in accordance	41138
with section 3743.03 of the Revised Code.	41139

On or before June 1, 1998, a licensed manufacturer shall	41140
install, in every licensed building in which fireworks are	41141
manufactured, stored, or displayed and to which the public has	41142
access, interlinked fire detection, smoke exhaust, and smoke	41143
evacuation systems that are approved by the superintendent of	41144
~~labor~~industrial compliance, and shall comply with floor plans	41145
showing occupancy load limits and internal circulation and egress	41146
patterns that are approved by the state fire marshal and	41147
superintendent, and that are submitted under seal as required by	41148
section 3791.04 of the Revised Code. Notwithstanding section	41149
3743.59 of the Revised Code, the construction and safety	41150
requirements established in this division are not subject to any	41151
variance, waiver, or exclusion.	41152

(C) The license of a manufacturer of fireworks authorizes the	41153
manufacturer to engage only in the following activities:	41154

(1) The manufacturing of fireworks on the premises of the	41155
fireworks plant as described in the application for licensure or	41156
in the notification submitted under division (B) of this section,	41157
except that a licensed manufacturer shall not engage in the	41158
processing of fireworks unless authorized to do so by its license.	41159

(2) To possess for sale at wholesale and sell at wholesale	41160
the fireworks manufactured by the manufacturer, to persons who are	41161
licensed wholesalers of fireworks, to out-of-state residents in	41162
accordance with section 3743.44 of the Revised Code, to residents	41163
of this state in accordance with section 3743.45 of the Revised	41164
Code, or to persons located in another state provided the	41165
fireworks are shipped directly out of this state to them by the	41166
manufacturer. A person who is licensed as a manufacturer of	41167
fireworks on June 14, 1988, also may possess for sale and sell	41168
pursuant to division (C)(2) of this section fireworks other than	41169
those the person manufactures. The possession for sale shall be on	41170
the premises of the fireworks plant described in the application	41171
for licensure or in the notification submitted under division (B)	41172
of this section, and the sale shall be from the inside of a	41173
licensed building and from no other structure or device outside a	41174
licensed building. At no time shall a licensed manufacturer sell	41175
any class of fireworks outside a licensed building.	41176

(3) Possess for sale at retail and sell at retail the	41177
fireworks manufactured by the manufacturer, other than 1.4G	41178
fireworks as designated by the state fire marshal in rules adopted	41179
pursuant to division (A) of section 3743.05 of the Revised Code,	41180
to licensed exhibitors in accordance with sections 3743.50 to	41181
3743.55 of the Revised Code, and possess for sale at retail and	41182
sell at retail the fireworks manufactured by the manufacturer,	41183
including 1.4G fireworks, to out-of-state residents in accordance	41184
with section 3743.44 of the Revised Code, to residents of this	41185
state in accordance with section 3743.45 of the Revised Code, or	41186
to persons located in another state provided the fireworks are	41187
shipped directly out of this state to them by the manufacturer. A	41188
person who is licensed as a manufacturer of fireworks on June 14,	41189
1988, may also possess for sale and sell pursuant to division	41190
(C)(3) of this section fireworks other than those the person	41191
manufactures. The possession for sale shall be on the premises of	41192
the fireworks plant described in the application for licensure or	41193
in the notification submitted under division (B) of this section,	41194
and the sale shall be from the inside of a licensed building and	41195
from no other structure or device outside a licensed building. At	41196
no time shall a licensed manufacturer sell any class of fireworks	41197
outside a licensed building.	41198

A licensed manufacturer of fireworks shall sell under	41199
division (C) of this section only fireworks that meet the	41200
standards set by the consumer product safety commission or by the	41201
American fireworks standard laboratories or that have received an	41202
EX number from the United States department of transportation.	41203

(D) The license of a manufacturer of fireworks shall be	41204
protected under glass and posted in a conspicuous place on the	41205
premises of the fireworks plant. Except as otherwise provided in	41206
this division, the license is not transferable or assignable. A	41207
license may be transferred to another person for the same	41208
fireworks plant for which the license was issued if the assets of	41209
the plant are transferred to that person by inheritance or by a	41210
sale approved by the state fire marshal. The license is subject to	41211
revocation in accordance with section 3743.08 of the Revised Code.	41212

(E) The state fire marshal shall not place the license of a	41213
manufacturer of fireworks in a temporarily inactive status while	41214
the holder of the license is attempting to qualify to retain the	41215
license.	41216

(F) Each licensed manufacturer of fireworks that possesses	41217
fireworks for sale and sells fireworks under division (C) of	41218
section 3743.04 of the Revised Code, or a designee of the	41219
manufacturer, whose identity is provided to the state fire marshal	41220
by the manufacturer, annually shall attend a continuing education	41221
program. The state fire marshal shall develop the program and the	41222
state fire marshal or a person or public agency approved by the	41223
state fire marshal shall conduct it. A licensed manufacturer or	41224
the manufacturer's designee who attends a program as required	41225
under this division, within one year after attending the program,	41226
shall conduct in-service training as approved by the state fire	41227
marshal for other employees of the licensed manufacturer regarding	41228
the information obtained in the program. A licensed manufacturer	41229
shall provide the state fire marshal with notice of the date,	41230
time, and place of all in-service training. For any program	41231
conducted under this division, the state fire marshal shall, in	41232
accordance with rules adopted by the state fire marshal under	41233
Chapter 119. of the Revised Code, establish the subjects to be	41234
taught, the length of classes, the standards for approval, and	41235
time periods for notification by the licensee to the state fire	41236
marshal of any in-service training.	41237

(G) A licensed manufacturer shall maintain comprehensive	41238
general liability insurance coverage in the amount and type	41239
specified under division (B)(2) of section 3743.02 of the Revised	41240
Code at all times. Each policy of insurance required under this	41241
division shall contain a provision requiring the insurer to give	41242
not less than fifteen days' prior written notice to the state fire	41243
marshal before termination, lapse, or cancellation of the policy,	41244
or any change in the policy that reduces the coverage below the	41245
minimum required under this division. Prior to canceling or	41246
reducing the amount of coverage of any comprehensive general	41247
liability insurance coverage required under this division, a	41248
licensed manufacturer shall secure supplemental insurance in an	41249
amount and type that satisfies the requirements of this division	41250
so that no lapse in coverage occurs at any time. A licensed	41251
manufacturer who secures supplemental insurance shall file	41252
evidence of the supplemental insurance with the state fire marshal	41253
prior to canceling or reducing the amount of coverage of any	41254
comprehensive general liability insurance coverage required under	41255
this division.	41256

(H) The state fire marshal shall adopt rules for the	41257
expansion or contraction of a licensed premises and for approval	41258
of such expansions or contractions. The boundaries of a licensed	41259
premises, including any geographic expansion or contraction of	41260
those boundaries, shall be approved by the state fire marshal in	41261
accordance with rules the state fire marshal adopts. If the	41262
licensed premises consists of more than one parcel of real estate,	41263
those parcels shall be contiguous unless an exception is allowed	41264
pursuant to division (I) of this section.	41265

(I)(1) A licensed manufacturer may expand its licensed	41266
premises within this state to include not more than two storage	41267
locations that are located upon one or more real estate parcels	41268
that are noncontiguous to the licensed premises as that licensed	41269
premises exists on the date a licensee submits an application as	41270
described below, if all of the following apply:	41271

(a) The licensee submits an application to the state fire	41272
marshal and an application fee of one hundred dollars per storage	41273
location for which the licensee is requesting approval.	41274

(b) The identity of the holder of the license remains the	41275
same at the storage location.	41276

(c) The storage location has received a valid certificate of	41277
zoning compliance as applicable and a valid certificate of	41278
occupancy for each building or structure at the storage location	41279
issued by the authority having jurisdiction to issue the	41280
certificate for the storage location, and those certificates	41281
permit the distribution and storage of fireworks regulated under	41282
this chapter at the storage location and in the buildings or	41283
structures. The storage location shall be in compliance with all	41284
other applicable federal, state, and local laws and regulations.	41285

(d) Every building or structure located upon the storage	41286
location is separated from occupied residential and nonresidential	41287
buildings or structures, railroads, highways, or any other	41288
buildings or structures on the licensed premises in accordance	41289
with the distances specified in the rules adopted by the state	41290
fire marshal pursuant to section 3743.05 of the Revised Code.	41291

(e) Neither the licensee nor any person holding, owning, or	41292
controlling a five per cent or greater beneficial or equity	41293
interest in the licensee has been convicted of or pleaded guilty	41294
to a felony under the laws of this state, any other state, or the	41295
United States, after September 29, 2005.	41296

(f) The state fire marshal approves the application for	41297
expansion.	41298

(2) The state fire marshal shall approve an application for	41299
expansion requested under division (I)(1) of this section if the	41300
state fire marshal receives the application fee and proof that the	41301
requirements of divisions (I)(1)(b) to (e) of this section are	41302
satisfied. The storage location shall be considered part of the	41303
original licensed premises and shall use the same distinct number	41304
assigned to the original licensed premises with any additional	41305
designations as the state fire marshal deems necessary in	41306
accordance with section 3743.03 of the Revised Code.	41307

(J)(1) A licensee who obtains approval for the use of a	41308
storage location in accordance with division (I) of this section	41309
shall use the storage location exclusively for the following	41310
activities, in accordance with division (C) of this section:	41311

(a) The packaging, assembling, or storing of fireworks, which	41312
shall only occur in buildings or structures approved for such	41313
hazardous uses by the building code official having jurisdiction	41314
for the storage location or, for 1.4G fireworks, in containers or	41315
trailers approved for such hazardous uses by the state fire	41316
marshal if such containers or trailers are not subject to	41317
regulation by the building code adopted in accordance with Chapter	41318
3781. of the Revised Code. All such storage shall be in accordance	41319
with the rules adopted by the state fire marshal under division	41320
(G) of section 3743.05 of the Revised Code for the packaging,	41321
assembling, and storage of fireworks.	41322

(b) Distributing fireworks to other parcels of real estate	41323
located on the manufacturer's licensed premises, to licensed	41324
wholesalers or other licensed manufacturers in this state or to	41325
similarly licensed persons located in another state or country;	41326

(c) Distributing fireworks to a licensed exhibitor of	41327
fireworks pursuant to a properly issued permit in accordance with	41328
section 3743.54 of the Revised Code.	41329

(2) A licensed manufacturer shall not engage in any sales	41330
activity, including the retail sale of fireworks otherwise	41331
permitted under division (C)(2) or (C)(3) of this section, or	41332
pursuant to section 3743.44 or 3743.45 of the Revised Code, at the	41333
storage location approved under this section.	41334

(3) A storage location may not be relocated for a minimum	41335
period of five years after the storage location is approved by the	41336
state fire marshal in accordance with division (I) of this	41337
section.	41338

(K) The licensee shall prohibit public access to the storage	41339
location. The state fire marshal shall adopt rules to describe the	41340
acceptable measures a manufacturer shall use to prohibit access to	41341
the storage site.	41342

Sec. 3743.06. In addition to conforming to the rules of the	41343
fire marshal adopted pursuant to section 3743.05 of the Revised	41344
Code, licensed manufacturers of fireworks shall operate their	41345
fireworks plants in accordance with the following:	41346

(A) Signs indicating that smoking is generally forbidden and	41347
trespassing is prohibited on the premises of a fireworks plant	41348
shall be posted on the premises in a manner determined by the fire	41349
marshal.	41350

(B) Reasonable precautions shall be taken to protect the	41351
premises of a fireworks plant from trespass, loss, theft, or	41352
destruction. Only persons employed by the manufacturer, authorized	41353
governmental personnel, and persons who have obtained permission	41354
from a member of the manufacturer's office to be on the premises,	41355
are to be allowed to enter and remain on the premises.	41356

(C) Smoking or the carrying of pipes, cigarettes, or cigars,	41357
matches, lighters, other flame-producing items, or open flame on,	41358
or the carrying of a concealed source of ignition into, the	41359
premises of a fireworks plant is prohibited, except that a	41360
manufacturer may permit smoking in specified lunchrooms or	41361
restrooms in buildings or other structures in which no	41362
manufacturing, handling, sales, or storage of fireworks takes	41363
place. "NO SMOKING" signs shall be posted on the premises as	41364
required by the fire marshal.	41365

(D) Fire and explosion prevention and other reasonable safety	41366
measures and precautions shall be implemented by a manufacturer.	41367

(E) Persons shall not be permitted to have in their	41368
possession or under their control, while they are on the premises	41369
of the fireworks plant, any intoxicating liquor, beer, or	41370
controlled substance, and they shall not be permitted to enter or	41371
remain on the premises if they are found to be under the influence	41372
of any intoxicating liquor, beer, or controlled substance.	41373

(F) A manufacturer shall conform to all building, safety, and	41374
zoning statutes, ordinances, rules, or other enactments that apply	41375
to the premises of its fireworks plant.	41376

(G) Each fireworks plant shall have at least one class 1	41377
magazine that is approved by the bureau of alcohol, tobacco, and	41378
firearms of the United States department of the treasury and that	41379
is otherwise in conformity with federal law. This division does	41380
not apply to fireworks plants existing on or before August 3,	41381
1931.	41382

(H) Awnings, tents, and canopies shall not be used as	41383
facilities for the sale or storage of fireworks. This division	41384
does not prohibit the use of an awning or canopy attached to a	41385
public access showroom for storing nonflammable shopping	41386
convenience items such as shopping carts or baskets or providing a	41387
shaded area for patrons waiting to enter the public sales area.	41388

(I) Fireworks may be stored in trailers if the trailers are	41389
properly enclosed, secured, and grounded and are separated from	41390
any structure to which the public is admitted by a distance that	41391
will, in the fire marshal's judgment, allow fire-fighting	41392
equipment to have full access to the structures on the licensed	41393
premises. Such trailers may be moved into closer proximity to any	41394
structure only to accept or discharge cargo for a period not to	41395
exceed forty-eight hours. Only two such trailers may be placed in	41396
such closer proximity at any one time. At no time may trailers be	41397
used for conducting sales of any class of fireworks, nor may	41398
members of the public have access to the trailers.	41399

Storage areas for fireworks that are in the same building	41400
where fireworks are displayed and sold to the public shall be	41401
separated from the areas to which the public has access by an	41402
appropriately rated fire wall.	41403

(J) A fire suppression system as defined in section 3781.108	41404
of the Revised Code may be turned off only for repair, drainage of	41405
the system to prevent damage by freezing during the period of	41406
time, approved by the fire marshal, that the facility is closed to	41407
all public access during winter months, or maintenance of the	41408
system. If any repair or maintenance is necessary during times	41409
when the facility is open for public access and business as	41410
approved by the fire marshal, the licensed manufacturer shall	41411
notify in advance the appropriate insurance company and fire chief	41412
or fire prevention officer regarding the nature of the maintenance	41413
or repair and the time when it will be performed.	41414

(K) If any fireworks item is removed from its original	41415
package or is manufactured with any fuse other than a safety fuse	41416
approved by the consumer product safety commission, then the item	41417
shall be covered completely by repackaging or bagging or it shall	41418
otherwise be covered so as to prevent ignition prior to sale.	41419

(L) A safety officer shall be present during regular business	41420
hours at a building open to the public during the period	41421
commencing fourteen days before, and ending two days after, each	41422
fourth day of July. The officer shall be highly visible, enforce	41423
this chapter and any applicable building codes to the extent the	41424
officer is authorized by law, and be one of the following:	41425

(1) A deputy sheriff;

41426

(2) A law enforcement officer of a municipal corporation,	41427
township, or township or joint police district;	41428

(3) A private uniformed security guard registered under	41429
section 4749.06 of the Revised Code.	41430

(M) All doors of all buildings on the licensed premises shall	41431
swing outward.	41432

(N) All wholesale and commercial sales of fireworks shall be	41433
packaged, shipped, placarded, and transported in accordance with	41434
United States department of transportation regulations applicable	41435
to the transportation, and the offering for transportation, of	41436
hazardous materials. For purposes of this division, "wholesale and	41437
commercial sales" includes all sales for resale and any nonretail	41438
sale made in furtherance of a commercial enterprise. For purposes	41439
of enforcement of these regulations under section ~~4905.83~~4923.99	41440
of the Revised Code, any sales transaction exceeding one thousand	41441
pounds shall be rebuttably presumed to be a wholesale or	41442
commercial sale.	41443

Sec. 3743.19. In addition to conforming to the rules of the	41444
fire marshal adopted pursuant to section 3743.18 of the Revised	41445
Code, licensed wholesalers of fireworks shall conduct their	41446
business operations in accordance with the following:	41447

(A) A wholesaler shall conduct its business operations from	41448
the location described in its application for licensure or in a	41449
notification submitted under division (B) of section 3743.17 of	41450
the Revised Code.	41451

(B) Signs indicating that smoking is generally forbidden and	41452
trespassing is prohibited on the premises of a wholesaler shall be	41453
posted on the premises as determined by the fire marshal.	41454

(C) Reasonable precautions shall be taken to protect the	41455
premises of a wholesaler from trespass, loss, theft, or	41456
destruction.	41457

(D) Smoking or the carrying of pipes, cigarettes, or cigars,	41458
matches, lighters, other flame-producing items, or open flame on,	41459
or the carrying of a concealed source of ignition into, the	41460
premises of a wholesaler is prohibited, except that a wholesaler	41461
may permit smoking in specified lunchrooms or restrooms in	41462
buildings or other structures in which no sales, handling, or	41463
storage of fireworks takes place. "NO SMOKING" signs shall be	41464
posted on the premises as required by the fire marshal.	41465

(E) Fire and explosion prevention and other reasonable safety	41466
measures and precautions shall be implemented by a wholesaler.	41467

(F) Persons shall not be permitted to have in their	41468
possession or under their control, while they are on the premises	41469
of a wholesaler, any intoxicating liquor, beer, or controlled	41470
substance, and they shall not be permitted to enter or remain on	41471
the premises if they are found to be under the influence of any	41472
intoxicating liquor, beer, or controlled substance.	41473

(G) A wholesaler shall conform to all building, safety, and	41474
zoning statutes, ordinances, rules, or other enactments that apply	41475
to its premises.	41476

(H) Each building used in the sale of fireworks shall be kept	41477
open to the public for at least four hours each day between the	41478
hours of eight a.m. and five p.m., five days of each week, every	41479
week of the year. Upon application from a licensed wholesaler, the	41480
fire marshal may waive any of the requirements of this division.	41481

(I) Awnings, tents, or canopies shall not be used as	41482
facilities for the storage or sale of fireworks. This division	41483
does not prohibit the use of an awning or canopy attached to a	41484
public access showroom for storing nonflammable shopping	41485
convenience items such as shopping carts or baskets or providing a	41486
shaded area for patrons waiting to enter the public sales area.	41487

(J) 1.4G fireworks may be stored in trailers if the trailers	41488
are properly enclosed, secured, and grounded and are separated	41489
from any structure to which the public is admitted by a distance	41490
that will, in the fire marshal's judgment, allow fire-fighting	41491
equipment to have full access to the structures on the licensed	41492
premises. Such trailers may be moved into closer proximity to any	41493
structure only to accept or discharge cargo for a period not to	41494
exceed forty-eight hours. Only two such trailers may be placed in	41495
such closer proximity at any one time. At no time may trailers be	41496
used for conducting sales of any class of fireworks nor may	41497
members of the public have access to the trailers.	41498

Storage areas for fireworks that are in the same building	41499
where fireworks are displayed and sold to the public shall be	41500
separated from the areas to which the public has access by an	41501
appropriately rated fire wall. If the licensee installs and	41502
properly maintains an early suppression fast response sprinkler	41503
system or equivalent fire suppression system as described in the	41504
fire code adopted by the fire marshal in accordance with section	41505
3737.82 of the Revised Code throughout the structure, a fire	41506
barrier wall may be substituted for a fire wall between the areas	41507
to which the public has access and the storage portions of the	41508
structure.	41509

(K) A fire suppression system as defined in section 3781.108	41510
of the Revised Code may be turned off only for repair, drainage of	41511
the system to prevent damage by freezing during the period of	41512
time, approved by the fire marshal under division (I) of this	41513
section, that the facility is closed to public access during	41514
winter months, or maintenance of the system. If any repair or	41515
maintenance is necessary during times when the facility is open	41516
for public access and business, the licensed wholesaler shall	41517
notify in advance the appropriate insurance company and fire chief	41518
or fire prevention officer regarding the nature of the maintenance	41519
or repair and the time when it will be performed.	41520

(L) If any fireworks item is removed from its original	41521
package or is manufactured with any fuse other than a fuse	41522
approved by the consumer product safety commission, then the item	41523
shall be covered completely by repackaging or bagging or it shall	41524
otherwise be covered so as to prevent ignition prior to sale.	41525

(M) A safety officer shall be present during regular business	41526
hours at a building open to the public during the period	41527
commencing fourteen days before, and ending two days after, each	41528
fourth day of July. The officer shall be highly visible, enforce	41529
this chapter and any applicable building codes to the extent the	41530
officer is authorized by law, and be one of the following:	41531

(1) A deputy sheriff;

41532

(2) A law enforcement officer of a municipal corporation,	41533
township, or township or joint police district;	41534

(3) A private uniformed security guard registered under	41535
section 4749.06 of the Revised Code.	41536

(N) All doors of all buildings on the licensed premises shall	41537
swing outward.	41538

(O) All wholesale and commercial sales of fireworks shall be	41539
packaged, shipped, placarded, and transported in accordance with	41540
United States department of transportation regulations applicable	41541
to the transportation, and the offering for transportation, of	41542
hazardous materials. For purposes of this division, "wholesale and	41543
commercial sales" includes all sales for resale and any nonretail	41544
sale made in furtherance of a commercial enterprise. For purposes	41545
of enforcement of these regulations under section ~~4905.83~~4923.99	41546
of the Revised Code, any sales transaction exceeding one thousand	41547
pounds shall be rebuttably presumed to be a wholesale or	41548
commercial sale.	41549

Sec. 3743.25. (A)(1) Except as described in division (A)(2)	41550
of this section, all retail sales of 1.4G fireworks by a licensed	41551
manufacturer or wholesaler shall only occur from an approved	41552
retail sales showroom on a licensed premises or from a	41553
representative sample showroom as described in this section on a	41554
licensed premises. For the purposes of this section, a retail sale	41555
includes the transfer of the possession of the 1.4G fireworks from	41556
the licensed manufacturer or wholesaler to the purchaser of the	41557
fireworks.	41558

(2) Sales of 1.4G fireworks to a licensed exhibitor for a	41559
properly permitted exhibition shall occur in accordance with the	41560
provisions of the Revised Code and rules adopted by the state fire	41561
marshal under Chapter 119. of the Revised Code. Such rules shall	41562
specify, at a minimum, that the licensed exhibitor holds a license	41563
under section 3743.51 of the Revised Code, that the exhibitor	41564
possesses a valid exhibition permit issued in accordance with	41565
section 3743.54 of the Revised Code, and that the fireworks	41566
shipped are to be used at the specifically permitted exhibition.	41567

(B) All wholesale sales of fireworks by a licensed	41568
manufacturer or wholesaler shall only occur from a licensed	41569
premises to persons who intend to resell the fireworks purchased	41570
at wholesale. A wholesale sale by a licensed manufacturer or	41571
wholesaler may occur as follows:	41572

(1) The direct sale and shipment of fireworks to a person	41573
outside of this state;	41574

(2) From an approved retail sales showroom as described in	41575
this section;	41576

(3) From a representative sample showroom as described in	41577
this section;	41578

(4) By delivery of wholesale fireworks to a purchaser at a	41579
licensed premises outside of a structure or building on that	41580
premises. All other portions of the wholesale sales transaction	41581
may occur at any location on a licensed premises.	41582

(5) Any other method as described in rules adopted by the	41583
state fire marshal under Chapter 119. of the Revised Code.	41584

(C) A licensed manufacturer or wholesaler shall only sell	41585
1.4G fireworks from a representative sample showroom or a retail	41586
sales showroom. Each licensed premises shall only contain one	41587
sales structure.	41588

A representative sample showroom shall consist of a structure	41589
constructed and maintained in accordance with the nonresidential	41590
building code adopted under Chapter 3781. of the Revised Code and	41591
the fire code adopted under section 3737.82 of the Revised Code	41592
for a use and occupancy group that permits mercantile sales. A	41593
representative sample showroom shall not contain any pyrotechnics,	41594
pyrotechnic materials, fireworks, explosives, explosive materials,	41595
or any similar hazardous materials or substances. A representative	41596
sample showroom shall be used only for the public viewing of	41597
fireworks product representations, including paper materials,	41598
packaging materials, catalogs, photographs, or other similar	41599
product depictions. The delivery of product to a purchaser of	41600
fireworks at a licensed premises that has a representative sample	41601
structure shall not occur inside any structure on a licensed	41602
premises. Such product delivery shall occur on the licensed	41603
premises in a manner prescribed by rules adopted by the state fire	41604
marshal pursuant to Chapter 119. of the Revised Code.	41605

If a manufacturer or wholesaler elects to conduct sales from	41606
a retail sales showroom, the showroom structures, to which the	41607
public may have any access and in which employees are required to	41608
work, on all licensed premises, shall comply with the following	41609
safety requirements:	41610

(1) A fireworks showroom that is constructed or upon which	41611
expansion is undertaken on and after June 30, 1997, shall be	41612
equipped with interlinked fire detection, fire suppression, smoke	41613
exhaust, and smoke evacuation systems that are approved by the	41614
superintendent of ~~labor~~industrial compliance in the department of	41615
commerce.	41616

(2) A fireworks showroom that first begins to operate on or	41617
after June 30, 1997, and to which the public has access for retail	41618
purposes shall not exceed five thousand square feet in floor area.	41619

(3) A newly constructed or an existing fireworks showroom	41620
structure that exists on September 23, 2008, but that, on or after	41621
September 23, 2008, is altered or added to in a manner requiring	41622
the submission of plans, drawings, specifications, or data	41623
pursuant to section 3791.04 of the Revised Code, shall comply with	41624
a graphic floor plan layout that is approved by the state fire	41625
marshal and superintendent showing width of aisles, parallel	41626
arrangement of aisles to exits, number of exits per wall, maximum	41627
occupancy load, evacuation plan for occupants, height of storage	41628
or display of merchandise, and other information as may be	41629
required by the state fire marshal and superintendent.	41630

(4) A fireworks showroom structure that exists on June 30,	41631
1997, shall be in compliance on or after June 30, 1997, with floor	41632
plans showing occupancy load limits and internal circulation and	41633
egress patterns that are approved by the state fire marshal and	41634
superintendent, and that are submitted under seal as required by	41635
section 3791.04 of the Revised Code.	41636

(D) The safety requirements established in division (C) of	41637
this section are not subject to any variance, waiver, or exclusion	41638
pursuant to this chapter or any applicable building code.	41639

Sec. 3745.01. There is hereby created the environmental	41640
protection agency, headed by the director of environmental	41641
protection. The agency, under the supervision of the director,	41642
shall administer the laws pertaining to chemical emergency	41643
planning, community right-to-know, and toxic chemical release	41644
reporting; the cessation of chemical handling operations; the	41645
prevention, control, and abatement of air and water pollution;	41646
public water supply; comprehensive water resource management	41647
planning; products that contain mercury as defined in section	41648
3734.61 of the Revised Code; and the disposal and treatment of	41649
solid wastes, infectious wastes, construction and demolition	41650
debris, hazardous waste, sewage, industrial waste, and other	41651
wastes. The director may do all of the following:	41652

(A) Provide such methods of administration, appoint such	41653
personnel, make such reports, and take such other action as may be	41654
necessary to comply with the requirements of the federal laws and	41655
regulations pertaining to chemical emergency planning, community	41656
right-to-know, and toxic chemical release reporting; air and water	41657
pollution control; public water supply; water resource planning;	41658
and waste disposal and treatment;	41659

(B) Procure by contract the temporary or intermittent	41660
services of experts or consultants, or organizations thereof, when	41661
those services are to be performed on a part-time or	41662
fee-for-service basis and do not involve the performance of	41663
administrative duties;	41664

(C) Advise, consult, cooperate, and enter into contracts or	41665
agreements, including consensual administrative order agreements,	41666
with any other agencies of the state, the federal government,	41667
other states, ~~and~~ interstate agencies, and persons and with	41668
affected groups, political subdivisions, and industries in	41669
furtherance of the purposes of this chapter and Chapters 3704.,	41670
3714., 3734., 3751., 3752., 6109., and 6111. of the Revised Code;	41671

(D) Establish advisory boards in accordance with section	41672
121.13 of the Revised Code;	41673

(E) Accept on behalf of the state any grant, gift, or	41674
contribution made for toxic chemical release reporting, air or	41675
water pollution control, public water supply, water resource	41676
planning, waste disposal or treatment, or related purposes, and	41677
expend it for those purposes;	41678

(F) Make an annual report to the governor and the general	41679
assembly on activities and expenditures as well as recommendations	41680
for such additional legislation as the director considers	41681
appropriate to carry out the director's duties or accomplish the	41682
purposes of this section;	41683

(G) Enter into environmental covenants in accordance with	41684
sections 5301.80 to 5301.92 of the Revised Code, and grant or	41685
accept easements or sell real property pursuant to section	41686
3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code, as	41687
applicable.	41688

The agency shall utilize the laboratory facilities of the	41689
department of health and other state institutions and agencies to	41690
the maximum extent that the utilization is practicable,	41691
economical, and technically satisfactory.	41692

The director shall maintain and keep available for public	41693
inspection, at the director's principal office, a current register	41694
of all applications filed for permits, leases, licenses,	41695
variances, certificates, and approval of plans and specifications	41696
and of publicly owned treatment works pretreatment programs under	41697
the director's jurisdiction, hearings pending, the director's	41698
final action thereon, and the dates on which the filings,	41699
hearings, and final actions occur. The director shall maintain and	41700
keep available for public inspection at the director's principal	41701
office all plans, reports, and other documents required to be	41702
filed with the emergency response commission under Chapter 3750.	41703
of the Revised Code and rules adopted under it, and all reports	41704
and other documents required to be filed with the director under	41705
Chapter 3751. of the Revised Code and rules adopted under it,	41706
subject to the requirements of those chapters and rules adopted	41707
under them for the protection of trade secrets and confidential	41708
business information from disclosure to persons not authorized	41709
under those laws to receive trade secret or confidential business	41710
information.	41711

Sec. 3745.05. (A) In hearing the appeal, if an adjudication	41712
hearing was conducted by the director of environmental protection	41713
in accordance with sections 119.09 and 119.10 of the Revised Code	41714
or conducted by a board of health, the environmental review	41715
appeals commission is confined to the record as certified to it by	41716
the director or the board of health, as applicable. The commission	41717
may grant a request for the admission of additional evidence when	41718
satisfied that such additional evidence is newly discovered and	41719
could not with reasonable diligence have been ascertained prior to	41720
the hearing before the director or the board, as applicable. If no	41721
adjudication hearing was conducted in accordance with sections	41722
119.09 and 119.10 of the Revised Code or conducted by a board of	41723
health, the commission shall conduct a hearing de novo on the	41724
appeal.	41725

For the purpose of conducting a de novo hearing, or where the	41726
commission has granted a request for the admission of additional	41727
evidence, the commission may require the attendance of witnesses	41728
and the production of written or printed materials.	41729

When conducting a de novo hearing, or when a request for the	41730
admission of additional evidence has been granted, the commission	41731
may, and at the request of any party it shall, issue subpoenas for	41732
witnesses or for books, papers, correspondence, memoranda,	41733
agreements, or other documents or records relevant or material to	41734
the inquiry directed to the sheriff of the counties where the	41735
witnesses or documents or records are found, which subpoenas shall	41736
be served and returned in the same manner as those allowed by the	41737
court of common pleas in criminal cases.	41738

(B) The fees of sheriffs shall be the same as those allowed	41739
by the court of common pleas in criminal cases. Witnesses shall be	41740
paid the fees and mileage provided for under section 119.094 of	41741
the Revised Code. The fee and mileage expenses incurred at the	41742
request of the appellant shall be paid in advance by the	41743
appellant, and the remainder of the expenses shall be paid out of	41744
funds appropriated for the expenses of the commission.	41745

(C) In case of disobedience or neglect of any subpoena served	41746
on any person, or the refusal of any witness to testify to any	41747
matter regarding which the witness may be lawfully interrogated,	41748
the court of common pleas of the county in which the disobedience,	41749
neglect, or refusal occurs, or any judge thereof, on application	41750
of the commission or any member thereof, may compel obedience by	41751
attachment proceedings for contempt as in the case of disobedience	41752
of the requirements of a subpoena issued from the court or a	41753
refusal to testify therein.	41754

(D) A witness at any hearing shall testify under oath or	41755
affirmation, which any member of the commission may administer. A	41756
witness, if the witness requests, shall be permitted to be	41757
accompanied, represented, and advised by an attorney, whose	41758
participation in the hearing shall be limited to the protection of	41759
the rights of the witness, and who may not examine or	41760
cross-examine witnesses. A witness shall be advised of the right	41761
to counsel before the witness is interrogated.	41762

(E) A ~~stenographic~~ record of the testimony and other evidence	41763
submitted shall be taken by an official court ~~shorthand~~ reporter.	41764
The record shall include all of the testimony and other evidence	41765
and the rulings on the admissibility thereof presented at the	41766
hearing. The commission shall pass upon the admissibility of	41767
evidence, but any party may at the time object to the admission of	41768
any evidence and except to the rulings of the commission thereon,	41769
and if the commission refuses to admit evidence the party offering	41770
same may make a proffer thereof, and such proffer shall be made a	41771
part of the record of such hearing.	41772

Any party may request the ~~stenographic~~ record of the hearing.	41773
Promptly after receiving such a request, the commission shall	41774
prepare and provide the ~~stenographic~~ record of the hearing to the	41775
party who requested it. The commission may charge a fee to the	41776
party who requested the ~~stenographic~~ record that does not exceed	41777
the cost to the commission for preparing and transcribing or	41778
transmitting it.	41779

(F) If, upon completion of the hearing, the commission finds	41780
that the action appealed from was lawful and reasonable, it shall	41781
make a written order affirming the action, or if the commission	41782
finds that the action was unreasonable or unlawful, it shall make	41783
a written order vacating or modifying the action appealed from.	41784

The commission shall issue a written order affirming,	41785
vacating, or modifying an action pursuant to the following	41786
schedule:	41787

(1) For an appeal that was filed with the commission before	41788
April 15, 2008, the commission shall issue a written order not	41789
later than December 15, 2009.	41790

(2) For all other appeals that have been filed with the	41791
commission as of October 15, 2009, the commission shall issue a	41792
written order not later than July 15, 2010.	41793

(3) For an appeal that is filed with the commission after	41794
October 15, 2009, the commission shall issue a written order not	41795
later than twelve months after the filing of the appeal with the	41796
commission.	41797

(G) Every order made by the commission shall contain a	41798
written finding by the commission of the facts upon which the	41799
order is based. Notice of the making of the order shall be given	41800
forthwith to each party to the appeal by mailing a certified copy	41801
thereof to each party by certified mail, with a statement of the	41802
time and method by which an appeal may be perfected.	41803

(H) The order of the commission is final unless vacated or	41804
modified upon judicial review.	41805

Sec. 3745.11. (A) Applicants for and holders of permits,	41806
licenses, variances, plan approvals, and certifications issued by	41807
the director of environmental protection pursuant to Chapters	41808
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	41809
to the environmental protection agency for each such issuance and	41810
each application for an issuance as provided by this section. No	41811
fee shall be charged for any issuance for which no application has	41812
been submitted to the director.	41813

(B) ~~Each person who is issued a permit to install prior to~~	41814
~~July 1, 2003, pursuant to rules adopted under division (F) of~~	41815
~~section 3704.03 of the Revised Code shall pay the fees specified~~	41816
~~in the following schedules:~~	41817

~~(1) Fuel-burning equipment (boilers)~~

41818

~~Input capacity (maximum)~~					41819
~~(million British thermal units per hour)~~		~~Permit to install~~			41820

~~Greater than 0, but less than 10~~	$ ~~200~~	41821
~~10 or more, but less than 100~~	~~400~~	41822
~~100 or more, but less than 300~~	~~800~~	41823
~~300 or more, but less than 500~~	~~1500~~	41824
~~500 or more, but less than 1000~~	~~2500~~	41825
~~1000 or more, but less than 5000~~	~~4000~~	41826
~~5000 or more~~	~~6000~~	41827

~~Units burning exclusively natural gas, number two fuel oil,~~	41828
~~or both shall be assessed a fee that is one-half of the applicable~~	41829
~~amount established in division (F)(1) of this section.~~	41830

~~(2) Incinerators~~

41831

~~Input capacity (pounds per hour)~~

~~Permit to install~~

41832

~~0 to 100~~	$ ~~100~~	41833
~~101 to 500~~	~~400~~	41834
~~501 to 2000~~	~~750~~	41835
~~2001 to 20,000~~	~~1000~~	41836
~~more than 20,000~~	~~2500~~	41837

~~(3)(a) Process~~

41838

~~Process weight rate (pounds per hour)~~

~~Permit to install~~

41839

~~0 to 1000~~	$ ~~200~~	41840
~~1001 to 5000~~	~~400~~	41841
~~5001 to 10,000~~	~~600~~	41842
~~10,001 to 50,000~~	~~800~~	41843
~~more than 50,000~~	~~1000~~	41844

~~In any process where process weight rate cannot be~~	41845
~~ascertained, the minimum fee shall be assessed.~~	41846

~~(b) Notwithstanding division (B)(3)(a) of this section, any~~	41847
~~person issued a permit to install pursuant to rules adopted under~~	41848
~~division (F) of section 3704.03 of the Revised Code shall pay the~~	41849
~~fees established in division (B)(3)(c) of this section for a~~	41850
~~process used in any of the following industries, as identified by~~	41851
~~the applicable four-digit standard industrial classification code~~	41852
~~according to the Standard Industrial Classification Manual~~	41853
~~published by the United States office of management and budget in~~	41854
~~the executive office of the president, 1972, as revised:~~	41855

~~1211 Bituminous coal and lignite mining;~~

41856

~~1213 Bituminous coal and lignite mining services;~~

41857

~~1411 Dimension stone;~~

41858

~~1422 Crushed and broken limestone;~~

41859

~~1427 Crushed and broken stone, not elsewhere classified;~~

41860

~~1442 Construction sand and gravel;~~

41861

~~1446 Industrial sand;~~

41862

~~3281 Cut stone and stone products;~~

41863

~~3295 Minerals and earth, ground or otherwise treated.~~

41864

~~(c) The fees established in the following schedule apply to~~	41865
~~the issuance of a permit to install pursuant to rules adopted~~	41866
~~under division (F) of section 3704.03 of the Revised Code for a~~	41867
~~process listed in division (B)(3)(b) of this section:~~	41868

~~Process weight rate (pounds per hour)~~

~~Permit to install~~

41869

~~0 to 1000~~	$ ~~200~~	41870
~~10,001 to 50,000~~	~~300~~	41871
~~50,001 to 100,000~~	~~400~~	41872
~~100,001 to 200,000~~	~~500~~	41873
~~200,001 to 400,000~~	~~600~~	41874
~~400,001 or more~~	~~700~~	41875

~~(4) Storage tanks~~

41876

~~Gallons (maximum useful capacity)~~

~~Permit to install~~

41877

~~0 to 20,000~~	$ ~~100~~	41878
~~20,001 to 40,000~~	~~150~~	41879
~~40,001 to 100,000~~	~~200~~	41880
~~100,001 to 250,000~~	~~250~~	41881
~~250,001 to 500,000~~	~~350~~	41882
~~500,001 to 1,000,000~~	~~500~~	41883
~~1,000,001 or greater~~	~~750~~	41884

~~(5) Gasoline/fuel dispensing facilities~~

41885

~~For each gasoline/fuel dispensing~~		~~Permit to install~~			41886
~~facility~~		$ ~~100~~			41887

~~(6) Dry cleaning facilities~~

41888

~~For each dry cleaning facility~~		~~Permit to install~~			41889
~~(includes all units at the facility)~~		$ ~~100~~			41890

~~(7) Registration status~~

41891

~~For each source covered~~		~~Permit to install~~			41892
~~by registration status~~		$ 75			41893

~~(C)(1)~~ Except as otherwise provided in division (C)(2) of	41894
this section, beginning July 1, 1994, each person who owns or	41895
operates an air contaminant source and who is required to apply	41896
for and obtain a Title V permit under section 3704.036 of the	41897
Revised Code shall pay the fees set forth in this division ~~(C)(1)~~	41898
~~of this section~~. For the purposes of ~~that~~this division, total	41899
emissions of air contaminants may be calculated using engineering	41900
calculations, emissions factors, material balance calculations, or	41901
performance testing procedures, as authorized by the director.	41902

The following fees shall be assessed on the total actual	41903
emissions from a source in tons per year of the regulated	41904
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	41905
organic compounds, and lead:	41906

~~(a)~~(1) Fifteen dollars per ton on the total actual emissions	41907
of each such regulated pollutant during the period July through	41908
December 1993, to be collected no sooner than July 1, 1994;	41909

~~(b)~~(2) Twenty dollars per ton on the total actual emissions	41910
of each such regulated pollutant during calendar year 1994, to be	41911
collected no sooner than April 15, 1995;	41912

~~(c)~~(3) Twenty-five dollars per ton on the total actual	41913
emissions of each such regulated pollutant in calendar year 1995,	41914
and each subsequent calendar year, to be collected no sooner than	41915
the fifteenth day of April of the year next succeeding the	41916
calendar year in which the emissions occurred.	41917

The fees levied under this division ~~(C)(1) of this section~~ do	41918
not apply to that portion of the emissions of a regulated	41919
pollutant at a facility that exceed four thousand tons during a	41920
calendar year.	41921

~~(2)~~(C)(1) The fees assessed under division ~~(C)(1)~~(B) of this	41922
section are for the purpose of providing funding for the Title V	41923
permit program.	41924

~~(3)~~(2) The fees assessed under division ~~(C)(1)~~(B) of this	41925
section do not apply to emissions from any electric generating	41926
unit designated as a Phase I unit under Title IV of the federal	41927
Clean Air Act prior to calendar year 2000. Those fees shall be	41928
assessed on the emissions from such a generating unit commencing	41929
in calendar year 2001 based upon the total actual emissions from	41930
the generating unit during calendar year 2000 and shall continue	41931
to be assessed each subsequent calendar year based on the total	41932
actual emissions from the generating unit during the preceding	41933
calendar year.	41934

~~(4)~~(3) The director shall issue invoices to owners or	41935
operators of air contaminant sources who are required to pay a fee	41936
assessed under division ~~(C)~~(B) or (D) of this section. Any such	41937
invoice shall be issued no sooner than the applicable date when	41938
the fee first may be collected in a year under the applicable	41939
division, shall identify the nature and amount of the fee	41940
assessed, and shall indicate that the fee is required to be paid	41941
within thirty days after the issuance of the invoice.	41942

(D)(1) Except as provided in division (D)(3) of this section,	41943
from January 1, 1994, through December 31, 2003, each person who	41944
owns or operates an air contaminant source; who is required to	41945
apply for a permit to operate pursuant to rules adopted under	41946
division (G), or a variance pursuant to division (H), of section	41947
3704.03 of the Revised Code; and who is not required to apply for	41948
and obtain a Title V permit under section 3704.036 of the Revised	41949
Code shall pay a single fee based upon the sum of the actual	41950
annual emissions from the facility of the regulated pollutants	41951
particulate matter, sulfur dioxide, nitrogen oxides, organic	41952
compounds, and lead in accordance with the following schedule:	41953

Total tons per year		41954
of regulated pollutants	Annual fee	41955
emitted	per facility	41956
More than 0, but less than 50	$ 75	41957
50 or more, but less than 100	300	41958
100 or more	700	41959

(2) Except as provided in division (D)(3) of this section,	41960
beginning January 1, 2004, each person who owns or operates an air	41961
contaminant source; who is required to apply for a permit to	41962
operate pursuant to rules adopted under division (G), or a	41963
variance pursuant to division (H), of section 3704.03 of the	41964
Revised Code; and who is not required to apply for and obtain a	41965
Title V permit under section 3704.03 of the Revised Code shall pay	41966
a single fee based upon the sum of the actual annual emissions	41967
from the facility of the regulated pollutants particulate matter,	41968
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	41969
accordance with the following schedule:	41970

Total tons per year		41971
of regulated pollutants	Annual fee	41972
emitted	per facility	41973
More than 0, but less than 10	$ 100	41974
10 or more, but less than 50	200	41975
50 or more, but less than 100	300	41976
100 or more	700	41977

(3)(a) As used in division (D) of this section, "synthetic	41978
minor facility" means a facility for which one or more permits to	41979
install or permits to operate have been issued for the air	41980
contaminant sources at the facility that include terms and	41981
conditions that lower the facility's potential to emit air	41982
contaminants below the major source thresholds established in	41983
rules adopted under section 3704.036 of the Revised Code.	41984

(b) Beginning January 1, 2000, through June 30, 2014, each	41985
person who owns or operates a synthetic minor facility shall pay	41986
an annual fee based on the sum of the actual annual emissions from	41987
the facility of particulate matter, sulfur dioxide, nitrogen	41988
dioxide, organic compounds, and lead in accordance with the	41989
following schedule:	41990

Combined total tons		41991
per year of all regulated	Annual fee	41992
pollutants emitted	per facility	41993

Less than 10	$ 170	41994
10 or more, but less than 20	340	41995
20 or more, but less than 30	670	41996
30 or more, but less than 40	1,010	41997
40 or more, but less than 50	1,340	41998
50 or more, but less than 60	1,680	41999
60 or more, but less than 70	2,010	42000
70 or more, but less than 80	2,350	42001
80 or more, but less than 90	2,680	42002
90 or more, but less than 100	3,020	42003
100 or more	3,350	42004

(4) The fees assessed under division (D)(1) of this section	42005
shall be collected annually no sooner than the fifteenth day of	42006
April, commencing in 1995. The fees assessed under division (D)(2)	42007
of this section shall be collected annually no sooner than the	42008
fifteenth day of April, commencing in 2005. The fees assessed	42009
under division (D)(3) of this section shall be collected no sooner	42010
than the fifteenth day of April, commencing in 2000. The fees	42011
assessed under division (D) of this section in a calendar year	42012
shall be based upon the sum of the actual emissions of those	42013
regulated pollutants during the preceding calendar year. For the	42014
purpose of division (D) of this section, emissions of air	42015
contaminants may be calculated using engineering calculations,	42016
emission factors, material balance calculations, or performance	42017
testing procedures, as authorized by the director. The director,	42018
by rule, may require persons who are required to pay the fees	42019
assessed under division (D) of this section to pay those fees	42020
biennially rather than annually.	42021

(E)(1) Consistent with the need to cover the reasonable costs	42022
of the Title V permit program, the director annually shall	42023
increase the fees prescribed in division ~~(C)(1)~~(B) of this section	42024
by the percentage, if any, by which the consumer price index for	42025
the most recent calendar year ending before the beginning of a	42026
year exceeds the consumer price index for calendar year 1989. Upon	42027
calculating an increase in fees authorized by division (E)(1) of	42028
this section, the director shall compile revised fee schedules for	42029
the purposes of division ~~(C)(1)~~(B) of this section and shall make	42030
the revised schedules available to persons required to pay the	42031
fees assessed under that division and to the public.	42032

(2) For the purposes of division (E)(1) of this section:

42033

(a) The consumer price index for any year is the average of	42034
the consumer price index for all urban consumers published by the	42035
United States department of labor as of the close of the	42036
twelve-month period ending on the thirty-first day of August of	42037
that year.	42038

(b) If the 1989 consumer price index is revised, the director	42039
shall use the revision of the consumer price index that is most	42040
consistent with that for calendar year 1989.	42041

(F) Each person who is issued a permit to install pursuant to	42042
rules adopted under division (F) of section 3704.03 of the Revised	42043
Code on or after July 1, 2003, shall pay the fees specified in the	42044
following schedules:	42045

(1) Fuel-burning equipment (boilers, furnaces, or process	42046
heaters used in the process of burning fuel for the primary	42047
purpose of producing heat or power by indirect heat transfer)	42048

Input capacity (maximum)		42049
(million British thermal units per hour)	Permit to install	42050
Greater than 0, but less than 10	$ 200	42051
10 or more, but less than 100	400	42052
100 or more, but less than 300	1000	42053
300 or more, but less than 500	2250	42054
500 or more, but less than 1000	3750	42055
1000 or more, but less than 5000	6000	42056
5000 or more	9000	42057

Units burning exclusively natural gas, number two fuel oil,	42058
or both shall be assessed a fee that is one-half the applicable	42059
amount shown in division (F)(1) of this section.	42060

(2) Combustion turbines and stationary internal combustion	42061
engines designed to generate electricity	42062

Generating capacity (mega watts)	Permit to install	42063
0 or more, but less than 10	$ 25	42064
10 or more, but less than 25	150	42065
25 or more, but less than 50	300	42066
50 or more, but less than 100	500	42067
100 or more, but less than 250	1000	42068
250 or more	2000	42069

(3) Incinerators

42070

Input capacity (pounds per hour)	Permit to install	42071
0 to 100	$ 100	42072
101 to 500	500	42073
501 to 2000	1000	42074
2001 to 20,000	1500	42075
more than 20,000	3750	42076

(4)(a) Process

42077

Process weight rate (pounds per hour)	Permit to install	42078
0 to 1000	$ 200	42079
1001 to 5000	500	42080
5001 to 10,000	750	42081
10,001 to 50,000	1000	42082
more than 50,000	1250	42083

In any process where process weight rate cannot be	42084
ascertained, the minimum fee shall be assessed. A boiler, furnace,	42085
combustion turbine, stationary internal combustion engine, or	42086
process heater designed to provide direct heat or power to a	42087
process not designed to generate electricity shall be assessed a	42088
fee established in division (F)(4)(a) of this section. A	42089
combustion turbine or stationary internal combustion engine	42090
designed to generate electricity shall be assessed a fee	42091
established in division (F)(2) of this section.	42092

(b) Notwithstanding division (F)(4)(a) of this section, any	42093
person issued a permit to install pursuant to rules adopted under	42094
division (F) of section 3704.03 of the Revised Code shall pay the	42095
fees set forth in division (F)(4)(c) of this section for a process	42096
used in any of the following industries, as identified by the	42097
applicable two-digit, three-digit, or four-digit standard	42098
industrial classification code according to the Standard	42099
Industrial Classification Manual published by the United States	42100
office of management and budget in the executive office of the	42101
president, 1987, as revised:	42102

Major group 10, metal mining;

42103

Major group 12, coal mining;

42104

Major group 14, mining and quarrying of nonmetallic minerals;

42105

Industry group 204, grain mill products;

42106

2873 Nitrogen fertilizers;

42107

2874 Phosphatic fertilizers;

42108

3281 Cut stone and stone products;

42109

3295 Minerals and earth, ground or otherwise treated;

42110

4221 Grain elevators (storage only);

42111

5159 Farm related raw materials;

42112

5261 Retail nurseries and lawn and garden supply stores.

42113

(c) The fees set forth in the following schedule apply to the	42114
issuance of a permit to install pursuant to rules adopted under	42115
division (F) of section 3704.03 of the Revised Code for a process	42116
identified in division (F)(4)(b) of this section:	42117

Process weight rate (pounds per hour)	Permit to install	42118
0 to 10,000	$ 200	42119
10,001 to 50,000	400	42120
50,001 to 100,000	500	42121
100,001 to 200,000	600	42122
200,001 to 400,000	750	42123
400,001 or more	900	42124

(5) Storage tanks

42125

Gallons (maximum useful capacity)	Permit to install	42126
0 to 20,000	$ 100	42127
20,001 to 40,000	150	42128
40,001 to 100,000	250	42129
100,001 to 500,000	400	42130
500,001 or greater	750	42131

(6) Gasoline/fuel dispensing facilities

42132

For each gasoline/fuel		42133
dispensing facility (includes all	Permit to install	42134
units at the facility)	$ 100	42135

(7) Dry cleaning facilities

42136

For each dry cleaning		42137
facility (includes all units	Permit to install	42138
at the facility)	$ 100	42139

(8) Registration status

42140

For each source covered			Permit to install			42141
by registration status			$ 75			42142

(G) An owner or operator who is responsible for an asbestos	42143
demolition or renovation project pursuant to rules adopted under	42144
section 3704.03 of the Revised Code shall pay the fees set forth	42145
in the following schedule:	42146

Action	Fee	42147
Each notification	$75	42148
Asbestos removal	$3/unit	42149
Asbestos cleanup	$4/cubic yard	42150

For purposes of this division, "unit" means any combination of	42151
linear feet or square feet equal to fifty.	42152

(H) A person who is issued an extension of time for a permit	42153
to install an air contaminant source pursuant to rules adopted	42154
under division (F) of section 3704.03 of the Revised Code shall	42155
pay a fee equal to one-half the fee originally assessed for the	42156
permit to install under this section, except that the fee for such	42157
an extension shall not exceed two hundred dollars.	42158

(I) A person who is issued a modification to a permit to	42159
install an air contaminant source pursuant to rules adopted under	42160
section 3704.03 of the Revised Code shall pay a fee equal to	42161
one-half of the fee that would be assessed under this section to	42162
obtain a permit to install the source. The fee assessed by this	42163
division only applies to modifications that are initiated by the	42164
owner or operator of the source and shall not exceed two thousand	42165
dollars.	42166

(J) Notwithstanding division ~~(B) or~~ (F) of this section, a	42167
person who applies for or obtains a permit to install pursuant to	42168
rules adopted under division (F) of section 3704.03 of the Revised	42169
Code after the date actual construction of the source began shall	42170
pay a fee for the permit to install that is equal to twice the fee	42171
that otherwise would be assessed under the applicable division	42172
unless the applicant received authorization to begin construction	42173
under division (W) of section 3704.03 of the Revised Code. This	42174
division only applies to sources for which actual construction of	42175
the source begins on or after July 1, 1993. The imposition or	42176
payment of the fee established in this division does not preclude	42177
the director from taking any administrative or judicial	42178
enforcement action under this chapter, Chapter 3704., 3714.,	42179
3734., or 6111. of the Revised Code, or a rule adopted under any	42180
of them, in connection with a violation of rules adopted under	42181
division (F) of section 3704.03 of the Revised Code.	42182

As used in this division, "actual construction of the source"	42183
means the initiation of physical on-site construction activities	42184
in connection with improvements to the source that are permanent	42185
in nature, including, without limitation, the installation of	42186
building supports and foundations and the laying of underground	42187
pipework.	42188

(K) ~~Fifty~~(1) Money received under division (B) of this	42189
section shall be deposited in the state treasury to the credit of	42190
the Title V clean air fund created in section 3704.035 of the	42191
Revised Code. Annually, fifty cents per ton of each fee assessed	42192
under division ~~(C)~~(B) of this section on actual emissions from a	42193
source and received by the environmental protection agency	42194
pursuant to that division shall be ~~deposited into~~transferred	42195
using an interstate transfer voucher to the state treasury to the	42196
credit of the small business assistance fund created in section	42197
3706.19 of the Revised Code. ~~The remainder of the moneys~~In	42198
addition, annually, the amount of money necessary for the	42199
operation of the office of ombudsperson as determined under	42200
division (B) of that section shall be transferred to the state	42201
treasury to the credit of the small business ombudsperson fund	42202
created by that section.	42203

(2) Money received by ~~the division pursuant to that division~~	42204
~~and moneys received by~~ the agency pursuant to divisions (D), (F),	42205
(G), (H), (I), and (J) of this section shall be deposited in the	42206
state treasury to the credit of the non-Title V clean air fund	42207
created in section 3704.035 of the Revised Code.	42208

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	42209
or (c) of this section, a person issued a water discharge permit	42210
or renewal of a water discharge permit pursuant to Chapter 6111.	42211
of the Revised Code shall pay a fee based on each point source to	42212
which the issuance is applicable in accordance with the following	42213
schedule:	42214

Design flow discharge (gallons per day)	Fee	42215
0 to 1000	$ 0	42216
1,001 to 5000	100	42217
5,001 to 50,000	200	42218
50,001 to 100,000	300	42219
100,001 to 300,000	525	42220
over 300,000	750	42221

(b) Notwithstanding the fee schedule specified in division	42222
(L)(1)(a) of this section, the fee for a water discharge permit	42223
that is applicable to coal mining operations regulated under	42224
Chapter 1513. of the Revised Code shall be two hundred fifty	42225
dollars per mine.	42226

(c) Notwithstanding the fee schedule specified in division	42227
(L)(1)(a) of this section, the fee for a water discharge permit	42228
for a public discharger identified by I in the third character of	42229
the permittee's NPDES permit number shall not exceed seven hundred	42230
fifty dollars.	42231

(2) A person applying for a plan approval for a wastewater	42232
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	42233
of the Revised Code shall pay a fee of one hundred dollars plus	42234
sixty-five one-hundredths of one per cent of the estimated project	42235
cost through June 30, 2014, and one hundred dollars plus	42236
two-tenths of one per cent of the estimated project cost on and	42237
after July 1, 2014, except that the total fee shall not exceed	42238
fifteen thousand dollars through June 30, 2014, and five thousand	42239
dollars on and after July 1, 2014. The fee shall be paid at the	42240
time the application is submitted.	42241

(3) A person issued a modification of a water discharge	42242
permit shall pay a fee equal to one-half the fee that otherwise	42243
would be charged for a water discharge permit, except that the fee	42244
for the modification shall not exceed four hundred dollars.	42245

(4) A person who has entered into an agreement with the	42246
director under section 6111.14 of the Revised Code shall pay an	42247
administrative service fee for each plan submitted under that	42248
section for approval that shall not exceed the minimum amount	42249
necessary to pay administrative costs directly attributable to	42250
processing plan approvals. The director annually shall calculate	42251
the fee and shall notify all persons who have entered into	42252
agreements under that section, or who have applied for agreements,	42253
of the amount of the fee.	42254

(5)(a)(i) Not later than January 30, 2012, and January 30,	42255
2013, a person holding an NPDES discharge permit issued pursuant	42256
to Chapter 6111. of the Revised Code with an average daily	42257
discharge flow of five thousand gallons or more shall pay a	42258
nonrefundable annual discharge fee. Any person who fails to pay	42259
the fee at that time shall pay an additional amount that equals	42260
ten per cent of the required annual discharge fee.	42261

(ii) The billing year for the annual discharge fee	42262
established in division (L)(5)(a)(i) of this section shall consist	42263
of a twelve-month period beginning on the first day of January of	42264
the year preceding the date when the annual discharge fee is due.	42265
In the case of an existing source that permanently ceases to	42266
discharge during a billing year, the director shall reduce the	42267
annual discharge fee, including the surcharge applicable to	42268
certain industrial facilities pursuant to division (L)(5)(c) of	42269
this section, by one-twelfth for each full month during the	42270
billing year that the source was not discharging, but only if the	42271
person holding the NPDES discharge permit for the source notifies	42272
the director in writing, not later than the first day of October	42273
of the billing year, of the circumstances causing the cessation of	42274
discharge.	42275

(iii) The annual discharge fee established in division	42276
(L)(5)(a)(i) of this section, except for the surcharge applicable	42277
to certain industrial facilities pursuant to division (L)(5)(c) of	42278
this section, shall be based upon the average daily discharge flow	42279
in gallons per day calculated using first day of May through	42280
thirty-first day of October flow data for the period two years	42281
prior to the date on which the fee is due. In the case of NPDES	42282
discharge permits for new sources, the fee shall be calculated	42283
using the average daily design flow of the facility until actual	42284
average daily discharge flow values are available for the time	42285
period specified in division (L)(5)(a)(iii) of this section. The	42286
annual discharge fee may be prorated for a new source as described	42287
in division (L)(5)(a)(ii) of this section.	42288

(b) An NPDES permit holder that is a public discharger shall	42289
pay the fee specified in the following schedule:	42290

Average daily	Fee due by	42291
discharge flow	January 30,	42292
	2012, and	42293
	January 30, 2013	42294

5,000 to 49,999	$ 200	42295
50,000 to 100,000	500	42296
100,001 to 250,000	1,050	42297
250,001 to 1,000,000	2,600	42298
1,000,001 to 5,000,000	5,200	42299
5,000,001 to 10,000,000	10,350	42300
10,000,001 to 20,000,000	15,550	42301
20,000,001 to 50,000,000	25,900	42302
50,000,001 to 100,000,000	41,400	42303
100,000,001 or more	62,100	42304

Public dischargers owning or operating two or more publicly	42305
owned treatment works serving the same political subdivision, as	42306
"treatment works" is defined in section 6111.01 of the Revised	42307
Code, and that serve exclusively political subdivisions having a	42308
population of fewer than one hundred thousand shall pay an annual	42309
discharge fee under division (L)(5)(b) of this section that is	42310
based on the combined average daily discharge flow of the	42311
treatment works.	42312

(c) An NPDES permit holder that is an industrial discharger,	42313
other than a coal mining operator identified by P in the third	42314
character of the permittee's NPDES permit number, shall pay the	42315
fee specified in the following schedule:	42316

Average daily	Fee due by	42317
discharge flow	January 30,	42318
	2012, and	42319
	January 30, 2013	42320

5,000 to 49,999	$ 250	42321
50,000 to 250,000	1,200	42322
250,001 to 1,000,000	2,950	42323
1,000,001 to 5,000,000	5,850	42324
5,000,001 to 10,000,000	8,800	42325
10,000,001 to 20,000,000	11,700	42326
20,000,001 to 100,000,000	14,050	42327
100,000,001 to 250,000,000	16,400	42328
250,000,001 or more	18,700	42329

In addition to the fee specified in the above schedule, an	42330
NPDES permit holder that is an industrial discharger classified as	42331
a major discharger during all or part of the annual discharge fee	42332
billing year specified in division (L)(5)(a)(ii) of this section	42333
shall pay a nonrefundable annual surcharge of seven thousand five	42334
hundred dollars not later than January 30, 2012, and not later	42335
than January 30, 2013. Any person who fails to pay the surcharge	42336
at that time shall pay an additional amount that equals ten per	42337
cent of the amount of the surcharge.	42338

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	42339
section, a public discharger identified by I in the third	42340
character of the permittee's NPDES permit number and an industrial	42341
discharger identified by I, J, L, V, W, X, Y, or Z in the third	42342
character of the permittee's NPDES permit number shall pay a	42343
nonrefundable annual discharge fee of one hundred eighty dollars	42344
not later than January 30, 2012, and not later than January 30,	42345
2013. Any person who fails to pay the fee at that time shall pay	42346
an additional amount that equals ten per cent of the required fee.	42347

(6) Each person obtaining a national pollutant discharge	42348
elimination system general or individual permit for municipal	42349
storm water discharge shall pay a nonrefundable storm water	42350
discharge fee of one hundred dollars per square mile of area	42351
permitted. The fee shall not exceed ten thousand dollars and shall	42352
be payable on or before January 30, 2004, and the thirtieth day of	42353
January of each year thereafter. Any person who fails to pay the	42354
fee on the date specified in division (L)(6) of this section shall	42355
pay an additional amount per year equal to ten per cent of the	42356
annual fee that is unpaid.	42357

(7) The director shall transmit all moneys collected under	42358
division (L) of this section to the treasurer of state for deposit	42359
into the state treasury to the credit of the surface water	42360
protection fund created in section 6111.038 of the Revised Code.	42361

(8) As used in division (L) of this section:

42362

(a) "NPDES" means the federally approved national pollutant	42363
discharge elimination system program for issuing, modifying,	42364
revoking, reissuing, terminating, monitoring, and enforcing	42365
permits and imposing and enforcing pretreatment requirements under	42366
Chapter 6111. of the Revised Code and rules adopted under it.	42367

(b) "Public discharger" means any holder of an NPDES permit	42368
identified by P in the second character of the NPDES permit number	42369
assigned by the director.	42370

(c) "Industrial discharger" means any holder of an NPDES	42371
permit identified by I in the second character of the NPDES permit	42372
number assigned by the director.	42373

(d) "Major discharger" means any holder of an NPDES permit	42374
classified as major by the regional administrator of the United	42375
States environmental protection agency in conjunction with the	42376
director.	42377

(M) Through June 30, 2014, a person applying for a license or	42378
license renewal to operate a public water system under section	42379
6109.21 of the Revised Code shall pay the appropriate fee	42380
established under this division at the time of application to the	42381
director. Any person who fails to pay the fee at that time shall	42382
pay an additional amount that equals ten per cent of the required	42383
fee. The director shall transmit all moneys collected under this	42384
division to the treasurer of state for deposit into the drinking	42385
water protection fund created in section 6109.30 of the Revised	42386
Code.	42387

Except as provided in division (M)(4) of this section, fees	42388
required under this division shall be calculated and paid in	42389
accordance with the following schedule:	42390

(1) For the initial license required under ~~division (A)(1) of~~	42391
section 6109.21 of the Revised Code for any public water system	42392
that is a community water system as defined in section 6109.01 of	42393
the Revised Code, and for each license renewal required for such a	42394
system prior to January 31, 2014, the fee is:	42395

Number of service connections		Fee amount	42396
	Not more than 49	$ 112	42397
	50 to 99	176	42398

Number of service connections		Average cost per connection	42399
	100 to 2,499	$ 1.92	42400
	2,500 to 4,999	1.48	42401
	5,000 to 7,499	1.42	42402
	7,500 to 9,999	1.34	42403
	10,000 to 14,999	1.16	42404
	15,000 to 24,999	1.10	42405
	25,000 to 49,999	1.04	42406
	50,000 to 99,999	.92	42407
	100,000 to 149,999	.86	42408
	150,000 to 199,999	.80	42409
	200,000 or more	.76	42410

A public water system may determine how it will pay the total	42411
amount of the fee calculated under division (M)(1) of this	42412
section, including the assessment of additional user fees that may	42413
be assessed on a volumetric basis.	42414

As used in division (M)(1) of this section, "service	42415
connection" means the number of active or inactive pipes,	42416
goosenecks, pigtails, and any other fittings connecting a water	42417
main to any building outlet.	42418

(2) For the initial license required under ~~division (A)(2) of~~	42419
section 6109.21 of the Revised Code for any public water system	42420
that is not a community water system and serves a nontransient	42421
population, and for each license renewal required for such a	42422
system prior to January 31, 2014, the fee is:	42423

Population served	Fee amount	42424
Fewer than 150	$ 112	42425
150 to 299	176	42426
300 to 749	384	42427
750 to 1,499	628	42428
1,500 to 2,999	1,268	42429
3,000 to 7,499	2,816	42430
7,500 to 14,999	5,510	42431
15,000 to 22,499	9,048	42432
22,500 to 29,999	12,430	42433
30,000 or more	16,820	42434

As used in division (M)(2) of this section, "population	42435
served" means the total number of individuals having access to the	42436
water supply during a twenty-four-hour period for at least sixty	42437
days during any calendar year. In the absence of a specific	42438
population count, that number shall be calculated at the rate of	42439
three individuals per service connection.	42440

(3) For the initial license required under ~~division (A)(3) of~~	42441
section 6109.21 of the Revised Code for any public water system	42442
that is not a community water system and serves a transient	42443
population, and for each license renewal required for such a	42444
system prior to January 31, 2014, the fee is:	42445

Number of wells or sources, other than surface water, supplying system		Fee amount	42446
	1	$112	42447
	2	112	42448
	3	176	42449
	4	278	42450
	5	568	42451
	System designated as using a		42452
	surface water source	792	42453

As used in division (M)(3) of this section, "number of wells	42454
or sources, other than surface water, supplying system" means	42455
those wells or sources that are physically connected to the	42456
plumbing system serving the public water system.	42457

(4) A public water system designated as using a surface water	42458
source shall pay a fee of seven hundred ninety-two dollars or the	42459
amount calculated under division (M)(1) or (2) of this section,	42460
whichever is greater.	42461

(N)(1) A person applying for a plan approval for a public	42462
water supply system under section 6109.07 of the Revised Code	42463
shall pay a fee of one hundred fifty dollars plus thirty-five	42464
hundredths of one per cent of the estimated project cost, except	42465
that the total fee shall not exceed twenty thousand dollars	42466
through June 30, 2014, and fifteen thousand dollars on and after	42467
July 1, 2014. The fee shall be paid at the time the application is	42468
submitted.	42469

(2) A person who has entered into an agreement with the	42470
director under division (A)(2) of section 6109.07 of the Revised	42471
Code shall pay an administrative service fee for each plan	42472
submitted under that section for approval that shall not exceed	42473
the minimum amount necessary to pay administrative costs directly	42474
attributable to processing plan approvals. The director annually	42475
shall calculate the fee and shall notify all persons that have	42476
entered into agreements under that division, or who have applied	42477
for agreements, of the amount of the fee.	42478

(3) Through June 30, 2014, the following fee, on a per survey	42479
basis, shall be charged any person for services rendered by the	42480
state in the evaluation of laboratories and laboratory personnel	42481
for compliance with accepted analytical techniques and procedures	42482
established pursuant to Chapter 6109. of the Revised Code for	42483
determining the qualitative characteristics of water:	42484

microbiological			42485
	MMO-MUG	$2,000	42486
	MF	2,100	42487
	MMO-MUG and MF	2,550	42488
organic chemical		5,400	42489
trace metals		5,400	42490
standard chemistry		2,800	42491
limited chemistry		1,550	42492

On and after July 1, 2014, the following fee, on a per survey	42493
basis, shall be charged any such person:	42494

microbiological	$ 1,650	42495
organic chemicals	3,500	42496
trace metals	3,500	42497
standard chemistry	1,800	42498
limited chemistry	1,000	42499

The fee for those services shall be paid at the time the request	42500
for the survey is made. Through June 30, 2014, an individual	42501
laboratory shall not be assessed a fee under this division more	42502
than once in any three-year period unless the person requests the	42503
addition of analytical methods or analysts, in which case the	42504
person shall pay eighteen hundred dollars for each additional	42505
survey requested.	42506

As used in division (N)(3) of this section:

42507

(a) "MF" means microfiltration.

42508

(b) "MMO" means minimal medium ONPG.

42509

42510

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

42511

The director shall transmit all moneys collected under this	42512
division to the treasurer of state for deposit into the drinking	42513
water protection fund created in section 6109.30 of the Revised	42514
Code.	42515

(O) Any person applying to the director ~~for~~to take an	42516
examination for certification as an operator of a water supply	42517
system or wastewater system under Chapter 6109. or 6111. of the	42518
Revised Code that is administered by the director, at the time the	42519
application is submitted, shall pay ~~an application fee of~~	42520
~~forty-five dollars through November 30, 2014, and twenty-five~~	42521
~~dollars on and after December 1, 2014. Upon approval from the~~	42522
~~director that the applicant is eligible to take the examination~~	42523
~~therefor, the applicant shall pay~~ a fee in accordance with the	42524
following schedule through November 30, 2014:	42525

Class A operator	$35 80	42526
Class I operator	60 105	42527
Class II operator	75 120	42528
Class III operator	85 130	42529
Class IV operator	~~100~~ 145	42530

On and after December 1, 2014, the applicant shall pay a fee	42531
in accordance with the following schedule:	42532

Class A operator	$25 50	42533
Class I operator	~~$45~~ 70	42534
Class II operator	55 80	42535
Class III operator	65 90	42536
Class IV operator	75 100	42537

Any person applying to the director for certification as an	42538
operator of a water supply system or wastewater system who has	42539
passed an examination administered by an examination provider	42540
approved by the director shall pay a certification fee of	42541
forty-five dollars.	42542

A person shall pay a biennial certification renewal fee for	42543
each applicable class of certification in accordance with the	42544
following schedule:	42545

Class A operator	$25	42546
Class I operator	35	42547
Class II operator	45	42548
Class III operator	55	42549
Class IV operator	65	42550

If a certification renewal fee is received by the director	42551
more than thirty days, but not more than one year after the	42552
expiration date of the certification, the person shall pay a	42553
certification renewal fee in accordance with the following	42554
schedule:	42555

Class A operator	$45	42556
Class I operator	55	42557
Class II operator	65	42558
Class III operator	75	42559
Class IV operator	85	42560

A person who requests a replacement certificate shall pay a	42561
fee of twenty-five dollars at the time the request is made.	42562

Any person applying to be a water supply system or wastewater	42563
treatment system examination provider shall pay an application fee	42564
of five hundred dollars. Any person approved by the director as a	42565
water supply system or wastewater treatment system examination	42566
provider shall pay an annual fee that is equal to ten per cent of	42567
the fees that the provider assesses and collects for administering	42568
water supply system or wastewater treatment system certification	42569
examinations in this state for the calendar year. The fee shall be	42570
paid not later than forty-five days after the end of a calendar	42571
year.	42572

The director shall transmit all moneys collected under this	42573
division to the treasurer of state for deposit into the drinking	42574
water protection fund created in section 6109.30 of the Revised	42575
Code.	42576

(P) Any person submitting an application for an industrial	42577
water pollution control certificate under section 6111.31 of the	42578
Revised Code, as that section existed before its repeal by H.B. 95	42579
of the 125th general assembly, shall pay a nonrefundable fee of	42580
five hundred dollars at the time the application is submitted. The	42581
director shall transmit all moneys collected under this division	42582
to the treasurer of state for deposit into the surface water	42583
protection fund created in section 6111.038 of the Revised Code. A	42584
person paying a certificate fee under this division shall not pay	42585
an application fee under division (S)(1) of this section. On and	42586
after June 26, 2003, persons shall file such applications and pay	42587
the fee as required under sections 5709.20 to 5709.27 of the	42588
Revised Code, and proceeds from the fee shall be credited as	42589
provided in section 5709.212 of the Revised Code.	42590

(Q) Except as otherwise provided in division (R) of this	42591
section, a person issued a permit by the director for a new solid	42592
waste disposal facility other than an incineration or composting	42593
facility, a new infectious waste treatment facility other than an	42594
incineration facility, or a modification of such an existing	42595
facility that includes an increase in the total disposal or	42596
treatment capacity of the facility pursuant to Chapter 3734. of	42597
the Revised Code shall pay a fee of ten dollars per thousand cubic	42598
yards of disposal or treatment capacity, or one thousand dollars,	42599
whichever is greater, except that the total fee for any such	42600
permit shall not exceed eighty thousand dollars. A person issued a	42601
modification of a permit for a solid waste disposal facility or an	42602
infectious waste treatment facility that does not involve an	42603
increase in the total disposal or treatment capacity of the	42604
facility shall pay a fee of one thousand dollars. A person issued	42605
a permit to install a new, or modify an existing, solid waste	42606
transfer facility under that chapter shall pay a fee of two	42607
thousand five hundred dollars. A person issued a permit to install	42608
a new or to modify an existing solid waste incineration or	42609
composting facility, or an existing infectious waste treatment	42610
facility using incineration as its principal method of treatment,	42611
under that chapter shall pay a fee of one thousand dollars. The	42612
increases in the permit fees under this division resulting from	42613
the amendments made by Amended Substitute House Bill 592 of the	42614
117th general assembly do not apply to any person who submitted an	42615
application for a permit to install a new, or modify an existing,	42616
solid waste disposal facility under that chapter prior to	42617
September 1, 1987; any such person shall pay the permit fee	42618
established in this division as it existed prior to June 24, 1988.	42619
In addition to the applicable permit fee under this division, a	42620
person issued a permit to install or modify a solid waste facility	42621
or an infectious waste treatment facility under that chapter who	42622
fails to pay the permit fee to the director in compliance with	42623
division (V) of this section shall pay an additional ten per cent	42624
of the amount of the fee for each week that the permit fee is	42625
late.	42626

Permit and late payment fees paid to the director under this	42627
division shall be credited to the general revenue fund.	42628

(R)(1) A person issued a registration certificate for a scrap	42629
tire collection facility under section 3734.75 of the Revised Code	42630
shall pay a fee of two hundred dollars, except that if the	42631
facility is owned or operated by a motor vehicle salvage dealer	42632
licensed under Chapter 4738. of the Revised Code, the person shall	42633
pay a fee of twenty-five dollars.	42634

(2) A person issued a registration certificate for a new	42635
scrap tire storage facility under section 3734.76 of the Revised	42636
Code shall pay a fee of three hundred dollars, except that if the	42637
facility is owned or operated by a motor vehicle salvage dealer	42638
licensed under Chapter 4738. of the Revised Code, the person shall	42639
pay a fee of twenty-five dollars.	42640

(3) A person issued a permit for a scrap tire storage	42641
facility under section 3734.76 of the Revised Code shall pay a fee	42642
of one thousand dollars, except that if the facility is owned or	42643
operated by a motor vehicle salvage dealer licensed under Chapter	42644
4738. of the Revised Code, the person shall pay a fee of fifty	42645
dollars.	42646

(4) A person issued a permit for a scrap tire monocell or	42647
monofill facility under section 3734.77 of the Revised Code shall	42648
pay a fee of ten dollars per thousand cubic yards of disposal	42649
capacity or one thousand dollars, whichever is greater, except	42650
that the total fee for any such permit shall not exceed eighty	42651
thousand dollars.	42652

(5) A person issued a registration certificate for a scrap	42653
tire recovery facility under section 3734.78 of the Revised Code	42654
shall pay a fee of one hundred dollars.	42655

(6) A person issued a permit for a scrap tire recovery	42656
facility under section 3734.78 of the Revised Code shall pay a fee	42657
of one thousand dollars.	42658

(7) In addition to the applicable registration certificate or	42659
permit fee under divisions (R)(1) to (6) of this section, a person	42660
issued a registration certificate or permit for any such scrap	42661
tire facility who fails to pay the registration certificate or	42662
permit fee to the director in compliance with division (V) of this	42663
section shall pay an additional ten per cent of the amount of the	42664
fee for each week that the fee is late.	42665

(8) The registration certificate, permit, and late payment	42666
fees paid to the director under divisions (R)(1) to (7) of this	42667
section shall be credited to the scrap tire management fund	42668
created in section 3734.82 of the Revised Code.	42669

(S)(1) Except as provided by divisions (L), (M), (N), (O),	42670
(P), and (S)(2) of this section, division (A)(2) of section	42671
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	42672
and rules adopted under division (T)(1) of this section, any	42673
person applying for a registration certificate under section	42674
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	42675
variance, or plan approval under Chapter 3734. of the Revised Code	42676
shall pay a nonrefundable fee of fifteen dollars at the time the	42677
application is submitted.	42678

Except as otherwise provided, any person applying for a	42679
permit, variance, or plan approval under Chapter 6109. or 6111. of	42680
the Revised Code shall pay a nonrefundable fee of one hundred	42681
dollars at the time the application is submitted through June 30,	42682
2014, and a nonrefundable fee of fifteen dollars at the time the	42683
application is submitted on and after July 1, 2014. Except as	42684
provided in division (S)(3) of this section, through June 30,	42685
2014, any person applying for a national pollutant discharge	42686
elimination system permit under Chapter 6111. of the Revised Code	42687
shall pay a nonrefundable fee of two hundred dollars at the time	42688
of application for the permit. On and after July 1, 2014, such a	42689
person shall pay a nonrefundable fee of fifteen dollars at the	42690
time of application.	42691

In addition to the application fee established under division	42692
(S)(1) of this section, any person applying for a national	42693
pollutant discharge elimination system general storm water	42694
construction permit shall pay a nonrefundable fee of twenty	42695
dollars per acre for each acre that is permitted above five acres	42696
at the time the application is submitted. However, the per acreage	42697
fee shall not exceed three hundred dollars. In addition, any	42698
person applying for a national pollutant discharge elimination	42699
system general storm water industrial permit shall pay a	42700
nonrefundable fee of one hundred fifty dollars at the time the	42701
application is submitted.	42702

The director shall transmit all moneys collected under	42703
division (S)(1) of this section pursuant to Chapter 6109. of the	42704
Revised Code to the treasurer of state for deposit into the	42705
drinking water protection fund created in section 6109.30 of the	42706
Revised Code.	42707

The director shall transmit all moneys collected under	42708
division (S)(1) of this section pursuant to Chapter 6111. of the	42709
Revised Code and under division (S)(3) of this section to the	42710
treasurer of state for deposit into the surface water protection	42711
fund created in section 6111.038 of the Revised Code.	42712

If a registration certificate is issued under section	42713
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	42714
the application fee paid shall be deducted from the amount of the	42715
registration certificate fee due under division (R)(1), (2), or	42716
(5) of this section, as applicable.	42717

If a person submits an electronic application for a	42718
registration certificate, permit, variance, or plan approval for	42719
which an application fee is established under division (S)(1) of	42720
this section, the person shall pay the applicable application fee	42721
as expeditiously as possible after the submission of the	42722
electronic application. An application for a registration	42723
certificate, permit, variance, or plan approval for which an	42724
application fee is established under division (S)(1) of this	42725
section shall not be reviewed or processed until the applicable	42726
application fee, and any other fees established under this	42727
division, are paid.	42728

(2) Division (S)(1) of this section does not apply to an	42729
application for a registration certificate for a scrap tire	42730
collection or storage facility submitted under section 3734.75 or	42731
3734.76 of the Revised Code, as applicable, if the owner or	42732
operator of the facility or proposed facility is a motor vehicle	42733
salvage dealer licensed under Chapter 4738. of the Revised Code.	42734

(3) A person applying for coverage under a national pollutant	42735
discharge elimination system general discharge permit for	42736
household sewage treatment systems shall pay the following fees:	42737

(a) A nonrefundable fee of two hundred dollars at the time of	42738
application for initial permit coverage;	42739

(b) A nonrefundable fee of one hundred dollars at the time of	42740
application for a renewal of permit coverage.	42741

(T) The director may adopt, amend, and rescind rules in	42742
accordance with Chapter 119. of the Revised Code that do all of	42743
the following:	42744

(1) Prescribe fees to be paid by applicants for and holders	42745
of any license, permit, variance, plan approval, or certification	42746
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	42747
the Revised Code that are not specifically established in this	42748
section. The fees shall be designed to defray the cost of	42749
processing, issuing, revoking, modifying, denying, and enforcing	42750
the licenses, permits, variances, plan approvals, and	42751
certifications.	42752

The director shall transmit all moneys collected under rules	42753
adopted under division (T)(1) of this section pursuant to Chapter	42754
6109. of the Revised Code to the treasurer of state for deposit	42755
into the drinking water protection fund created in section 6109.30	42756
of the Revised Code.	42757

The director shall transmit all moneys collected under rules	42758
adopted under division (T)(1) of this section pursuant to Chapter	42759
6111. of the Revised Code to the treasurer of state for deposit	42760
into the surface water protection fund created in section 6111.038	42761
of the Revised Code.	42762

(2) Exempt the state and political subdivisions thereof,	42763
including education facilities or medical facilities owned by the	42764
state or a political subdivision, or any person exempted from	42765
taxation by section 5709.07 or 5709.12 of the Revised Code, from	42766
any fee required by this section;	42767

(3) Provide for the waiver of any fee, or any part thereof,	42768
otherwise required by this section whenever the director	42769
determines that the imposition of the fee would constitute an	42770
unreasonable cost of doing business for any applicant, class of	42771
applicants, or other person subject to the fee;	42772

(4) Prescribe measures that the director considers necessary	42773
to carry out this section.	42774

(U) When the director reasonably demonstrates that the direct	42775
cost to the state associated with the issuance of a permit to	42776
install, license, variance, plan approval, or certification	42777
exceeds the fee for the issuance or review specified by this	42778
section, the director may condition the issuance or review on the	42779
payment by the person receiving the issuance or review of, in	42780
addition to the fee specified by this section, the amount, or any	42781
portion thereof, in excess of the fee specified under this	42782
section. The director shall not so condition issuances for which	42783
~~fees are~~a fee is prescribed in ~~divisions (B)(7) and~~division	42784
(L)(1)(b) of this section.	42785

(V) Except as provided in divisions (L), (M), and (P) of this	42786
section or unless otherwise prescribed by a rule of the director	42787
adopted pursuant to Chapter 119. of the Revised Code, all fees	42788
required by this section are payable within thirty days after the	42789
issuance of an invoice for the fee by the director or the	42790
effective date of the issuance of the license, permit, variance,	42791
plan approval, or certification. If payment is late, the person	42792
responsible for payment of the fee shall pay an additional ten per	42793
cent of the amount due for each month that it is late.	42794

(W) As used in this section, "fuel-burning equipment,"	42795
"fuel-burning equipment input capacity," "incinerator,"	42796
"incinerator input capacity," "process," "process weight rate,"	42797
"storage tank," "gasoline dispensing facility," "dry cleaning	42798
facility," "design flow discharge," and "new source treatment	42799
works" have the meanings ascribed to those terms by applicable	42800
rules or standards adopted by the director under Chapter 3704. or	42801
6111. of the Revised Code.	42802

(X) As used in divisions (B), ~~(C),~~ (D), (E), (F), (H), (I),	42803
and (J) of this section, and in any other provision of this	42804
section pertaining to fees paid pursuant to Chapter 3704. of the	42805
Revised Code:	42806

(1) "Facility," "federal Clean Air Act," "person," and "Title	42807
V permit" have the same meanings as in section 3704.01 of the	42808
Revised Code.	42809

(2) "Title V permit program" means the following activities	42810
as necessary to meet the requirements of Title V of the federal	42811
Clean Air Act and 40 C.F.R. part 70, including at least:	42812

(a) Preparing and adopting, if applicable, generally	42813
applicable rules or guidance regarding the permit program or its	42814
implementation or enforcement;	42815

(b) Reviewing and acting on any application for a Title V	42816
permit, permit revision, or permit renewal, including the	42817
development of an applicable requirement as part of the processing	42818
of a permit, permit revision, or permit renewal;	42819

(c) Administering the permit program, including the	42820
supporting and tracking of permit applications, compliance	42821
certification, and related data entry;	42822

(d) Determining which sources are subject to the program and	42823
implementing and enforcing the terms of any Title V permit, not	42824
including any court actions or other formal enforcement actions;	42825

(e) Emission and ambient monitoring;

42826

(f) Modeling, analyses, or demonstrations;

42827

(g) Preparing inventories and tracking emissions;

42828

(h) Providing direct and indirect support to small business	42829
stationary sources to determine and meet their obligations under	42830
the federal Clean Air Act pursuant to the small business	42831
stationary source technical and environmental compliance	42832
assistance program required by section 507 of that act and	42833
established in sections 3704.18, 3704.19, and 3706.19 of the	42834
Revised Code.	42835

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	42836
of this section, each sewage sludge facility shall pay a	42837
nonrefundable annual sludge fee equal to three dollars and fifty	42838
cents per dry ton of sewage sludge, including the dry tons of	42839
sewage sludge in materials derived from sewage sludge, that the	42840
sewage sludge facility treats or disposes of in this state. The	42841
annual volume of sewage sludge treated or disposed of by a sewage	42842
sludge facility shall be calculated using the first day of January	42843
through the thirty-first day of December of the calendar year	42844
preceding the date on which payment of the fee is due.	42845

(2)(a) Except as provided in division (Y)(2)(d) of this	42846
section, each sewage sludge facility shall pay a minimum annual	42847
sewage sludge fee of one hundred dollars.	42848

(b) The annual sludge fee required to be paid by a sewage	42849
sludge facility that treats or disposes of exceptional quality	42850
sludge in this state shall be thirty-five per cent less per dry	42851
ton of exceptional quality sludge than the fee assessed under	42852
division (Y)(1) of this section, subject to the following	42853
exceptions:	42854

(i) Except as provided in division (Y)(2)(d) of this section,	42855
a sewage sludge facility that treats or disposes of exceptional	42856
quality sludge shall pay a minimum annual sewage sludge fee of one	42857
hundred dollars.	42858

(ii) A sewage sludge facility that treats or disposes of	42859
exceptional quality sludge shall not be required to pay the annual	42860
sludge fee for treatment or disposal in this state of exceptional	42861
quality sludge generated outside of this state and contained in	42862
bags or other containers not greater than one hundred pounds in	42863
capacity.	42864

A thirty-five per cent reduction for exceptional quality	42865
sludge applies to the maximum annual fees established under	42866
division (Y)(3) of this section.	42867

(c) A sewage sludge facility that transfers sewage sludge to	42868
another sewage sludge facility in this state for further treatment	42869
prior to disposal in this state shall not be required to pay the	42870
annual sludge fee for the tons of sewage sludge that have been	42871
transferred. In such a case, the sewage sludge facility that	42872
disposes of the sewage sludge shall pay the annual sludge fee.	42873
However, the facility transferring the sewage sludge shall pay the	42874
one-hundred-dollar minimum fee required under division (Y)(2)(a)	42875
of this section.	42876

In the case of a sewage sludge facility that treats sewage	42877
sludge in this state and transfers it out of this state to another	42878
entity for disposal, the sewage sludge facility in this state	42879
shall be required to pay the annual sludge fee for the tons of	42880
sewage sludge that have been transferred.	42881

(d) A sewage sludge facility that generates sewage sludge	42882
resulting from an average daily discharge flow of less than five	42883
thousand gallons per day is not subject to the fees assessed under	42884
division (Y) of this section.	42885

(3) No sewage sludge facility required to pay the annual	42886
sludge fee shall be required to pay more than the maximum annual	42887
fee for each disposal method that the sewage sludge facility uses.	42888
The maximum annual fee does not include the additional amount that	42889
may be charged under division (Y)(5) of this section for late	42890
payment of the annual sludge fee. The maximum annual fee for the	42891
following methods of disposal of sewage sludge is as follows:	42892

(a) Incineration: five thousand dollars;

42893

(b) Preexisting land reclamation project or disposal in a	42894
landfill: five thousand dollars;	42895

(c) Land application, land reclamation, surface disposal, or	42896
any other disposal method not specified in division (Y)(3)(a) or	42897
(b) of this section: twenty thousand dollars.	42898

(4)(a) In the case of an entity that generates sewage sludge	42899
or a sewage sludge facility that treats sewage sludge and	42900
transfers the sewage sludge to an incineration facility for	42901
disposal, the incineration facility, and not the entity generating	42902
the sewage sludge or the sewage sludge facility treating the	42903
sewage sludge, shall pay the annual sludge fee for the tons of	42904
sewage sludge that are transferred. However, the entity or	42905
facility generating or treating the sewage sludge shall pay the	42906
one-hundred-dollar minimum fee required under division (Y)(2)(a)	42907
of this section.	42908

(b) In the case of an entity that generates sewage sludge and	42909
transfers the sewage sludge to a landfill for disposal or to a	42910
sewage sludge facility for land reclamation or surface disposal,	42911
the entity generating the sewage sludge, and not the landfill or	42912
sewage sludge facility, shall pay the annual sludge fee for the	42913
tons of sewage sludge that are transferred.	42914

(5) Not later than the first day of April of the calendar	42915
year following March 17, 2000, and each first day of April	42916
thereafter, the director shall issue invoices to persons who are	42917
required to pay the annual sludge fee. The invoice shall identify	42918
the nature and amount of the annual sludge fee assessed and state	42919
the first day of May as the deadline for receipt by the director	42920
of objections regarding the amount of the fee and the first day of	42921
July as the deadline for payment of the fee.	42922

Not later than the first day of May following receipt of an	42923
invoice, a person required to pay the annual sludge fee may submit	42924
objections to the director concerning the accuracy of information	42925
regarding the number of dry tons of sewage sludge used to	42926
calculate the amount of the annual sludge fee or regarding whether	42927
the sewage sludge qualifies for the exceptional quality sludge	42928
discount established in division (Y)(2)(b) of this section. The	42929
director may consider the objections and adjust the amount of the	42930
fee to ensure that it is accurate.	42931

If the director does not adjust the amount of the annual	42932
sludge fee in response to a person's objections, the person may	42933
appeal the director's determination in accordance with Chapter	42934
119. of the Revised Code.	42935

Not later than the first day of June, the director shall	42936
notify the objecting person regarding whether the director has	42937
found the objections to be valid and the reasons for the finding.	42938
If the director finds the objections to be valid and adjusts the	42939
amount of the annual sludge fee accordingly, the director shall	42940
issue with the notification a new invoice to the person	42941
identifying the amount of the annual sludge fee assessed and	42942
stating the first day of July as the deadline for payment.	42943

Not later than the first day of July, any person who is	42944
required to do so shall pay the annual sludge fee. Any person who	42945
is required to pay the fee, but who fails to do so on or before	42946
that date shall pay an additional amount that equals ten per cent	42947
of the required annual sludge fee.	42948

(6) The director shall transmit all moneys collected under	42949
division (Y) of this section to the treasurer of state for deposit	42950
into the surface water protection fund created in section 6111.038	42951
of the Revised Code. The moneys shall be used to defray the costs	42952
of administering and enforcing provisions in Chapter 6111. of the	42953
Revised Code and rules adopted under it that govern the use,	42954
storage, treatment, or disposal of sewage sludge.	42955

(7) Beginning in fiscal year 2001, and every two years	42956
thereafter, the director shall review the total amount of moneys	42957
generated by the annual sludge fees to determine if that amount	42958
exceeded six hundred thousand dollars in either of the two	42959
preceding fiscal years. If the total amount of moneys in the fund	42960
exceeded six hundred thousand dollars in either fiscal year, the	42961
director, after review of the fee structure and consultation with	42962
affected persons, shall issue an order reducing the amount of the	42963
fees levied under division (Y) of this section so that the	42964
estimated amount of moneys resulting from the fees will not exceed	42965
six hundred thousand dollars in any fiscal year.	42966

If, upon review of the fees under division (Y)(7) of this	42967
section and after the fees have been reduced, the director	42968
determines that the total amount of moneys collected and	42969
accumulated is less than six hundred thousand dollars, the	42970
director, after review of the fee structure and consultation with	42971
affected persons, may issue an order increasing the amount of the	42972
fees levied under division (Y) of this section so that the	42973
estimated amount of moneys resulting from the fees will be	42974
approximately six hundred thousand dollars. Fees shall never be	42975
increased to an amount exceeding the amount specified in division	42976
(Y)(7) of this section.	42977

Notwithstanding section 119.06 of the Revised Code, the	42978
director may issue an order under division (Y)(7) of this section	42979
without the necessity to hold an adjudicatory hearing in	42980
connection with the order. The issuance of an order under this	42981
division is not an act or action for purposes of section 3745.04	42982
of the Revised Code.	42983

(8) As used in division (Y) of this section:

42984

(a) "Sewage sludge facility" means an entity that performs	42985
treatment on or is responsible for the disposal of sewage sludge.	42986

(b) "Sewage sludge" means a solid, semi-solid, or liquid	42987
residue generated during the treatment of domestic sewage in a	42988
treatment works as defined in section 6111.01 of the Revised Code.	42989
"Sewage sludge" includes, but is not limited to, scum or solids	42990
removed in primary, secondary, or advanced wastewater treatment	42991
processes. "Sewage sludge" does not include ash generated during	42992
the firing of sewage sludge in a sewage sludge incinerator, grit	42993
and screenings generated during preliminary treatment of domestic	42994
sewage in a treatment works, animal manure, residue generated	42995
during treatment of animal manure, or domestic septage.	42996

(c) "Exceptional quality sludge" means sewage sludge that	42997
meets all of the following qualifications:	42998

(i) Satisfies the class A pathogen standards in 40 C.F.R.	42999
503.32(a);	43000

(ii) Satisfies one of the vector attraction reduction	43001
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	43002

(iii) Does not exceed the ceiling concentration limitations	43003
for metals listed in table one of 40 C.F.R. 503.13;	43004

(iv) Does not exceed the concentration limitations for metals	43005
listed in table three of 40 C.F.R. 503.13.	43006

(d) "Treatment" means the preparation of sewage sludge for	43007
final use or disposal and includes, but is not limited to,	43008
thickening, stabilization, and dewatering of sewage sludge.	43009

(e) "Disposal" means the final use of sewage sludge,	43010
including, but not limited to, land application, land reclamation,	43011
surface disposal, or disposal in a landfill or an incinerator.	43012

(f) "Land application" means the spraying or spreading of	43013
sewage sludge onto the land surface, the injection of sewage	43014
sludge below the land surface, or the incorporation of sewage	43015
sludge into the soil for the purposes of conditioning the soil or	43016
fertilizing crops or vegetation grown in the soil.	43017

(g) "Land reclamation" means the returning of disturbed land	43018
to productive use.	43019

(h) "Surface disposal" means the placement of sludge on an	43020
area of land for disposal, including, but not limited to,	43021
monofills, surface impoundments, lagoons, waste piles, or	43022
dedicated disposal sites.	43023

(i) "Incinerator" means an entity that disposes of sewage	43024
sludge through the combustion of organic matter and inorganic	43025
matter in sewage sludge by high temperatures in an enclosed	43026
device.	43027

(j) "Incineration facility" includes all incinerators owned	43028
or operated by the same entity and located on a contiguous tract	43029
of land. Areas of land are considered to be contiguous even if	43030
they are separated by a public road or highway.	43031

(k) "Annual sludge fee" means the fee assessed under division	43032
(Y)(1) of this section.	43033

(l) "Landfill" means a sanitary landfill facility, as defined	43034
in rules adopted under section 3734.02 of the Revised Code, that	43035
is licensed under section 3734.05 of the Revised Code.	43036

(m) "Preexisting land reclamation project" means a	43037
property-specific land reclamation project that has been in	43038
continuous operation for not less than five years pursuant to	43039
approval of the activity by the director and includes the	43040
implementation of a community outreach program concerning the	43041
activity.	43042

Sec. 3745.112. During the month of August 1997, and	43043
biennially thereafter, the director of environmental protection	43044
shall enter into a contract for the performance of an independent	43045
evaluation of the Title V permit program to be conducted under the	43046
supervision of an independent certified public accountant. The	43047
evaluation shall review the finances, operations, revenues, costs,	43048
and expenditures of the Title V permit program under section	43049
3704.036 of the Revised Code and the Title V clean air fund	43050
created in section 3704.035 of the Revised Code. The findings of	43051
each such evaluation shall be set forth in a written report that	43052
shall include, without limitation, all of the following:	43053

(A) A review and analysis of all expenditures from the Title	43054
V clean air fund for the Title V permit program;	43055

(B) A review and analysis of all costs incurred by the	43056
environmental protection agency designated by the director to be	43057
costs of the Title V permit program;	43058

(C) A review and analysis of all expenditures from the Title	43059
V clean air fund for costs not designated by the director as costs	43060
of the Title V permit program;	43061

(D) A review and analysis of the adequacy of the fees	43062
assessed under division ~~(C)~~(B) of section 3745.11 for meeting the	43063
costs of the Title V permit program during the period reviewed by	43064
the evaluation.	43065

Upon completion of the written report of each evaluation	43066
required by this section, the director shall provide copies of the	43067
report to the governor and the general assembly and shall make	43068
copies of it available to the public.	43069

The reasonable and necessary expenses for conducting an	43070
evaluation required under this section are hereby deemed to be	43071
reasonable costs to administer the Title V permit program and	43072
shall be paid from moneys credited to the Title V clean air fund	43073
arising from the fees assessed under division ~~(C)~~(B) of section	43074
3745.11 of the Revised Code.	43075

Sec. 3748.04. The ~~public~~director of health ~~council~~, in	43076
accordance with Chapter 119. of the Revised Code, shall adopt and	43077
may amend or rescind rules doing all of the following:	43078

(A) Listing types of radioactive material for which licensure	43079
by its handler is required and types of radiation-generating	43080
equipment for which registration by its handler is required, and	43081
establishing requirements governing them. Rules adopted under	43082
division (A) of this section shall be compatible with applicable	43083
federal regulations and shall establish all of the following,	43084
without limitation:	43085

(1) Requirements governing both of the following:

43086

(a) The licensing and inspection of handlers of radioactive	43087
material. Standards established in rules adopted under division	43088
(A)(1)(a) of this section regarding byproduct material or any	43089
activity that results in the production of that material, to the	43090
extent practicable, shall be equivalent to or more stringent than	43091
applicable standards established by the United States nuclear	43092
regulatory commission.	43093

(b) The registration and inspection of handlers of	43094
radiation-generating equipment. Standards established in rules	43095
adopted under division (A)(1)(b) of this section, to the extent	43096
practicable, shall be equivalent to applicable standards	43097
established by the food and drug administration in the United	43098
States department of health and human services.	43099

(2) Identification of and requirements governing possession	43100
and use of specifically licensed and generally licensed quantities	43101
of radioactive material as either sealed sources or unsealed	43102
sources;	43103

(3) A procedure for the issuance of and the frequency of	43104
renewal of the licenses of handlers of radioactive material, other	43105
than a license for a facility for the disposal of low-level	43106
radioactive waste, and of the certificates of registration of	43107
handlers of radiation-generating equipment;	43108

(4) Procedures for suspending and revoking the licenses of	43109
handlers of radioactive material and the certificates of	43110
registration of handlers of radiation-generating equipment;	43111

(5) Criteria to be used by the director of health in amending	43112
the license of a handler of radioactive material or the	43113
certificate of registration of a handler of radiation-generating	43114
equipment subsequent to its issuance;	43115

(6) Criteria for achieving and maintaining compliance with	43116
this chapter and rules adopted under it by licensees and	43117
registrants;	43118

(7) Criteria governing environmental monitoring of licensed	43119
and registered activities to assess compliance with this chapter	43120
and rules adopted under it;	43121

(8) Fees for both of the following:

43122

(a) The licensing of handlers, other than facilities for the	43123
disposal of low-level radioactive waste, of radioactive material;	43124

(b) The registration of handlers, other than facilities that	43125
are, or are operated by, medical practitioners or	43126
medical-practitioner groups, of radiation-generating equipment.	43127

(9) A fee schedule for both of the following that includes	43128
fees for reviews, conducted during an inspection, of shielding	43129
plans or the adequacy of shielding:	43130

(a) The inspection of handlers of radioactive material;

43131

(b) The inspection of handlers, other than facilities that	43132
are, or are operated by, medical practitioners or	43133
medical-practitioner groups, of radiation-generating equipment.	43134

(B)(1) Identifying sources of radiation, circumstances of	43135
possession, use, or disposal of sources of radiation, and levels	43136
of radiation that constitute an unreasonable or unnecessary risk	43137
to human health or the environment;	43138

(2) Establishing requirements for the achievement and	43139
maintenance of compliance with standards for the receipt,	43140
possession, use, storage, installation, transfer, servicing, and	43141
disposal of sources of radiation to prevent levels of radiation	43142
that constitute an unreasonable or unnecessary risk to human	43143
health or the environment;	43144

(3) Requiring the maintenance of records on the receipt, use,	43145
storage, transfer, and disposal of radioactive material and on the	43146
radiological safety aspects of the use and maintenance of	43147
radiation-generating equipment.	43148

In adopting rules under divisions (A) and (B) of this	43149
section, the ~~council~~director shall use standards no less	43150
stringent than the "suggested state regulations for control of	43151
radiation" prepared by the conference of radiation control program	43152
directors, inc., and regulations adopted by the United States	43153
nuclear regulatory commission, the United States environmental	43154
protection agency, and the United States department of health and	43155
human services and shall consider reports of the national council	43156
on radiation protection and measurement and the relevant standards	43157
of the American national standards institute.	43158

(C) Establishing fees, procedures, and requirements for	43159
certification as a radiation expert, including all of the	43160
following, without limitation:	43161

(1) Minimum training and experience requirements;

43162

(2) Procedures for applying for certification;

43163

(3) Procedures for review of applications and issuance of	43164
certificates;	43165

(4) Procedures for suspending and revoking certification.

43166

(D) Establishing a schedule for inspection of sources of	43167
radiation and their shielding and surroundings;	43168

(E) Establishing the responsibilities of a radiation expert;

43169

(F) Establishing criteria for quality assurance programs for	43170
licensees of radioactive material and registrants of	43171
radiation-generating equipment;	43172

(G) Establishing fees to be paid by any facility that, on	43173
September 8, 1995, holds a license from the United States nuclear	43174
regulatory commission in order to provide moneys necessary for the	43175
transfer of licensing and other regulatory authority from the	43176
commission to the state pursuant to section 3748.03 of the Revised	43177
Code. Rules adopted under this division shall stipulate that fees	43178
so established do not apply to any functions dealing specifically	43179
with a facility for the disposal of low-level radioactive waste.	43180
Fees collected under this division shall be deposited into the	43181
state treasury to the credit of the general operations fund	43182
created in section 3701.83 of the Revised Code. The fees shall be	43183
used solely to administer and enforce this chapter and rules	43184
adopted under it.	43185

(H) Establishing fees to be collected annually from	43186
generators of low-level radioactive waste, which shall be based	43187
upon the volume and radioactivity of the waste generated and the	43188
costs of administering low-level radioactive waste management	43189
activities under this chapter and rules adopted under it. All fees	43190
collected under this division shall be deposited into the state	43191
treasury to the credit of the general operations fund created in	43192
section 3701.83 of the Revised Code. The fees shall be used solely	43193
to administer and enforce this chapter and rules adopted under it.	43194
Any fee required under this division that ~~has not been paid within~~	43195
~~ninety days~~remains unpaid on the ninety-first day after the	43196
original invoice date shall be assessed ~~at two times~~an additional	43197
amount equal to ten per cent of the original ~~invoiced~~ fee. ~~Any fee~~	43198
~~that has not been paid within one hundred eighty days after the~~	43199
~~invoice date shall be assessed at five times the original invoiced~~	43200
~~fee.~~	43201

(I) Establishing requirements governing closure,	43202
decontamination, decommissioning, reclamation, and long-term	43203
surveillance and care of a facility licensed under this chapter	43204
and rules adopted under it. Rules adopted under division (I) of	43205
this section shall include, without limitation, all of the	43206
following:	43207

(1) Standards and procedures to ensure that a licensee	43208
prepares a decommissioning funding plan that provides an adequate	43209
financial guaranty to permit the completion of all requirements	43210
governing the closure, decontamination, decommissioning, and	43211
reclamation of sites, structures, and equipment used in	43212
conjunction with a licensed activity;	43213

(2) For licensed activities where radioactive material that	43214
will require surveillance or care is likely to remain at the site	43215
after the licensed activities cease, as indicated in the	43216
application for the license submitted under section 3748.07 of the	43217
Revised Code, standards and procedures to ensure that the licensee	43218
prepares an additional decommissioning funding plan for long-term	43219
surveillance and care, before termination of the license, that	43220
provides an additional adequate financial guaranty as necessary to	43221
provide for that surveillance and care;	43222

(3) For the purposes of the decommissioning funding plans	43223
required in rules adopted under divisions (I)(1) and (2) of this	43224
section, the types of acceptable financial guaranties, which shall	43225
include bonds issued by fidelity or surety companies authorized to	43226
do business in the state, certificates of deposit, deposits of	43227
government securities, irrevocable letters or lines of credit,	43228
trust funds, escrow accounts, or other similar types of	43229
arrangements, but shall not include any arrangement that	43230
constitutes self-insurance;	43231

(4) A requirement that the decommissioning funding plans	43232
required in rules adopted under divisions (I)(1) and (2) of this	43233
section contain financial guaranties in amounts sufficient to	43234
ensure compliance with any standards established by the United	43235
States nuclear regulatory commission, or by the state if it has	43236
become an agreement state pursuant to section 3748.03 of the	43237
Revised Code, pertaining to closure, decontamination,	43238
decommissioning, reclamation, and long-term surveillance and care	43239
of licensed activities and sites of licensees.	43240

Standards established in rules adopted under division (I) of	43241
this section regarding any activity that resulted in the	43242
production of byproduct material, as defined in division (A)(2) of	43243
section 3748.01 of the Revised Code, to the extent practicable,	43244
shall be equivalent to or more stringent than standards	43245
established by the United States nuclear regulatory commission for	43246
sites at which ores were processed primarily for their source	43247
material content and at which byproduct material, as defined in	43248
division (A)(2) of section 3748.01 of the Revised Code, is	43249
deposited.	43250

(J) Establishing criteria governing inspections of a facility	43251
for the disposal of low-level radioactive waste, including,	43252
without limitation, the establishment of a resident inspector	43253
program at such a facility;	43254

(K) Establishing requirements and procedures governing the	43255
filing of complaints under section 3748.16 of the Revised Code,	43256
including, without limitation, those governing intervention in a	43257
hearing held under division (B)(3) of that section.	43258

Sec. 3748.05. (A) The director of health shall do all of the	43259
following:	43260

(1) Administer and enforce this chapter and the rules adopted	43261
under it;	43262

(2) Collect and make available information relating to	43263
sources of radiation;	43264

(3) Ensure the review of plans and specifications, submitted	43265
in accordance with rules adopted by the ~~public health council~~	43266
director, for the control of radiation that constitutes an	43267
unreasonable or unnecessary risk to human health or the	43268
environment;	43269

(4) Review reports of quality assurance audits performed by	43270
certified radiation experts under this chapter and the rules	43271
adopted under it;	43272

(5) Ensure that programs for the control of sources of	43273
radiation are developed with due regard for compatibility with	43274
federal programs for the regulation of byproduct, source, and	43275
special nuclear materials;	43276

(6) In accordance with Chapter 119. of the Revised Code,	43277
adopt, and subsequently may amend and rescind, rules providing for	43278
the administrative assessment and collection of monetary penalties	43279
for failure by any facility licensed under this chapter and rules	43280
adopted under it to comply with this chapter and those rules. The	43281
director may require the submission of compliance schedules and	43282
other related information. Any orders issued or payments or other	43283
requirements imposed pursuant to rules adopted under division	43284
(A)(6) of this section shall not affect any civil or criminal	43285
enforcement proceeding brought under this chapter or any other	43286
provision of state or local law. Moneys collected as	43287
administrative penalties imposed pursuant to rules adopted under	43288
division (A)(6) of this section shall be deposited in the state	43289
treasury to the credit of the general operations fund created in	43290
section 3701.83 of the Revised Code. The moneys shall be used	43291
solely to administer and enforce this chapter and the rules	43292
adopted under it.	43293

(7) Maintain files of both of the following:

43294

(a) All license and registration applications, issuances,	43295
denials, amendments, renewals, suspensions, and revocations and	43296
any administrative or judicial action pertaining to them;	43297

(b) All rules adopted under this chapter, or proposed to be	43298
adopted, relating to the regulation of sources of radiation and	43299
proceedings on them.	43300

(B) The director may do any or all of the following:

43301

(1) Advise, consult, and cooperate with other agencies of the	43302
state, the federal government, other states, interstate agencies,	43303
political subdivisions, industries, and other affected groups in	43304
furtherance of the purposes of this chapter and the rules adopted	43305
under it;	43306

(2) Accept and administer grants from the federal government	43307
and from other sources, public or private, for carrying out any of	43308
the director's functions under this chapter and the rules adopted	43309
under it;	43310

(3) Encourage, participate in, or conduct studies,	43311
investigations, training, research, and demonstrations relating to	43312
the detection and control of radiation that constitutes an	43313
unreasonable or unnecessary risk to human health or the	43314
environment, the measurement of radiation, the evaluation of	43315
potential effects on health of cumulative or acute exposure to	43316
radiation, the development and improvement of methods to limit and	43317
reduce the generation of radioactive waste, and related problems	43318
as the director considers necessary or advisable;	43319

(4) In accordance with Chapter 119. of the Revised Code,	43320
adopt rules establishing criteria under which other agencies of	43321
the state or private entities may perform inspections of x-ray	43322
equipment at registered dental facilities at the request of the	43323
facility or pursuant to contract with the department;	43324

(5) Exercise all incidental powers necessary to carry out the	43325
purposes of this chapter and the rules adopted under it,	43326
including, without limitation, the issuance of orders.	43327

Sec. 3748.07. (A) Every facility that proposes to handle	43328
radioactive material or radiation-generating equipment for which	43329
licensure or registration, respectively, by its handler is	43330
required shall apply in writing to the director of health on forms	43331
prescribed and provided by the director for licensure or	43332
registration. Terms and conditions of licenses and certificates of	43333
registration may be amended in accordance with rules adopted under	43334
section 3748.04 of the Revised Code or orders issued by the	43335
director pursuant to section 3748.05 of the Revised Code.	43336

(B)(1) An applicant proposing to handle radioactive material	43337
shall pay for a license or renewal of a license the appropriate	43338
fee specified in rules adopted under section 3748.04 of the	43339
Revised Code and listed on an invoice provided by the director.	43340
The applicant shall pay the fee on receipt of the invoice.	43341

(2)(a) Except as provided in division (B)(2)(b) of this	43342
section, until fees are established in rules adopted under	43343
division (A)(8)(b) of section 3748.04 of the Revised Code, an	43344
applicant proposing to handle radiation-generating equipment shall	43345
pay for a certificate of registration or renewal of a certificate	43346
a biennial registration fee of two hundred sixty-two dollars.	43347

Except as provided in division (B)(2)(b) of this section, on	43348
and after the effective date of the rules in which fees are	43349
established under division (A)(8)(b) of section 3748.04 of the	43350
Revised Code, an applicant proposing to handle	43351
radiation-generating equipment shall pay for a certificate of	43352
registration or renewal of a certificate the appropriate fee	43353
established in those rules.	43354

The applicant shall pay the fees described in division	43355
(B)(2)(a) of this section at the time of applying for a	43356
certificate of registration or renewal of a certificate.	43357

(b) An applicant that is, or is operated by, a medical	43358
practitioner or medical-practitioner group and proposes to handle	43359
radiation-generating equipment shall pay for a certificate of	43360
registration or renewal of a certificate a biennial registration	43361
fee of two hundred sixty-two dollars. The applicant shall pay the	43362
fee at the time of applying for a certificate of registration or	43363
renewal of the certificate.	43364

(C) All fees collected under this section shall be deposited	43365
in the state treasury to the credit of the general operations fund	43366
created in section 3701.83 of the Revised Code. The fees shall be	43367
used solely to administer and enforce this chapter and rules	43368
adopted under it.	43369

(D) Any fee required under this section that ~~has not been~~	43370
~~paid within ninety days~~remains unpaid on the ninety-first day	43371
after the original invoice date shall be assessed ~~at two times~~an	43372
additional amount equal to ten per cent of the original ~~invoiced~~	43373
fee. ~~Any fee that has not been paid within one hundred eighty days~~	43374
~~after the invoice date shall be assessed at five times the~~	43375
~~original invoiced fee.~~	43376

(E) The director shall grant a license or registration to any	43377
applicant who has paid the required fee and is in compliance with	43378
this chapter and rules adopted under it.	43379

(F) Except as provided in division (B)(2) of this section,	43380
licenses and certificates of registration shall be effective for	43381
the applicable period established in rules adopted under section	43382
3748.04 of the Revised Code. Licenses and certificates of	43383
registration shall be renewed in accordance with the renewal	43384
procedure established in rules adopted under section 3748.04 of	43385
the Revised Code.	43386

Sec. 3748.10. (A) As used in this section, "person" means	43387
any legal entity defined as a person under section 1.59 of the	43388
Revised Code, the state or any agency of the state, any political	43389
subdivision or agency of a political subdivision, and the United	43390
States or any agency or instrumentality of the United States other	43391
than the United States department of energy or the United States	43392
nuclear regulatory commission where state regulation of the	43393
treatment, recycling, storage, or disposal of low-level	43394
radioactive waste by either of those agencies is prohibited by	43395
federal law.	43396

(B) No person shall treat, recycle, store, or dispose of any	43397
low-level radioactive waste except at a facility that is licensed	43398
for treatment, recycling, storage, or disposal of that waste by	43399
the director of health under this chapter and rules adopted under	43400
it or, until the state becomes an agreement state pursuant to	43401
section 3748.03 of the Revised Code, by the United States nuclear	43402
regulatory commission under the "Atomic Energy Act of 1954," 68	43403
Stat. 919, 42 U.S.C.A. 2011, as amended, and regulations adopted	43404
under it regardless of whether the waste has been reclassified as	43405
"below regulatory concern" by the United States nuclear regulatory	43406
commission pursuant to any rule or standard adopted after January	43407
1, 1990.	43408

(C) Division (B) of this section does not apply to either of	43409
the following:	43410

(1) Any low-level radioactive waste that on or before January	43411
1, 1990, was authorized under the "Atomic Energy Act of 1954," 68	43412
Stat. 919, 42 U.S.C.A. 2011, as amended, and regulations adopted	43413
under it to be treated, recycled, stored, or disposed of at a	43414
facility that has not been licensed under that act and regulations	43415
adopted under it;	43416

(2) Any low-level radioactive waste that has received an	43417
exemption from the director of health under division (C)(2) of	43418
this section. If the United States nuclear regulatory commission	43419
declares its intent to institute a policy regarding the	43420
reclassification of waste as "below regulatory concern," the	43421
~~public health council~~director, in consultation with the	43422
environmental protection agency, shall adopt rules in accordance	43423
with Chapter 119. of the Revised Code that govern the granting of	43424
such exemptions and that do at least all of the following:	43425

(a) Establish an application procedure to be followed by the	43426
generator of a low-level radioactive waste who wishes to obtain an	43427
exemption for that waste under division (C)(2) of this section;	43428

(b) Require that in order to receive an exemption, a	43429
low-level radioactive waste shall have been reclassified as "below	43430
regulatory concern" by the United States nuclear regulatory	43431
commission after August 19, 1992. The rules adopted under division	43432
(C)(2)(b) of this section shall stipulate that such a	43433
reclassification does not automatically qualify a low-level	43434
radioactive waste for an exemption under division (C)(2) of this	43435
section.	43436

(c) Require an applicant to demonstrate with clear and	43437
convincing evidence that the low-level radioactive waste that is	43438
the subject of the application does not present a higher	43439
radioactive hazard than any low-level radioactive waste to which	43440
division (C)(1) of this section applies and that treatment,	43441
recycling, storage, or disposal of the waste at a facility that	43442
has not been licensed by the director under this chapter and rules	43443
adopted under it or, until the state becomes an agreement state	43444
pursuant to section 3748.03 of the Revised Code, by the United	43445
States nuclear regulatory commission under the "Atomic Energy Act	43446
of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as amended, and	43447
regulations adopted under it, will not harm public health or	43448
safety or the environment;	43449

(d) Establish public notification procedures to be followed	43450
by the director for any public hearing held ~~by him~~ under division	43451
(C)(2) of this section.	43452

The director shall review an application submitted ~~to him~~	43453
under division (C)(2) of this section and shall hold a public	43454
hearing concerning the application before granting or denying the	43455
exemption requested. The director may grant an exemption to the	43456
low-level radioactive waste that is the subject of the application	43457
~~if he determines~~after determining that the generator has complied	43458
with the rules adopted under division (C)(2)(a) of this section	43459
and that the waste satisfies the requirements established in the	43460
rules adopted under divisions (C)(2)(b) and (c) of this section.	43461
The director shall maintain a list of all low-level radioactive	43462
wastes to which hethe director has granted such an exemption.	43463

Division (C)(2) of this section does not apply to any	43464
low-level radioactive waste generated at a nuclear power station.	43465

Sec. 3748.12. The director of health shall certify radiation	43466
experts pursuant to rules adopted under division (C) of section	43467
3748.04 of the Revised Code. The director shall issue a	43468
certificate to each person certified under this section. An	43469
individual certified by the director is qualified to develop,	43470
provide periodic review of, and conduct audits of the quality	43471
assurance program for sources of radiation for which such a	43472
program is required under division (A) of section 3748.13 of the	43473
Revised Code.	43474

The ~~public health council~~director shall establish an	43475
application fee for applying for certification and a biennial	43476
certification renewal fee in rules adopted under division (C) of	43477
section 3748.04 of the Revised Code. A certificate issued under	43478
this section shall expire two years after the date of its	43479
issuance. To maintain certification, a radiation expert shall	43480
apply to the director for renewal of certification in accordance	43481
with the standard renewal procedures established in Chapter 4745.	43482
of the Revised Code. The certification renewal fee is not required	43483
for initial certification, but shall be paid for every renewal of	43484
certification. Fees collected under this section shall be	43485
deposited into the state treasury to the credit of the general	43486
operations fund created in section 3701.83 of the Revised Code.	43487
The fees shall be used solely to administer and enforce this	43488
chapter and rules adopted under it. Any fee required under this	43489
section that ~~has not been paid within ninety days~~remains unpaid	43490
on the ninety-first day after the original invoice date shall be	43491
assessed ~~at two times~~an additional amount equal to ten per cent	43492
of the original ~~invoiced~~ fee. ~~Any fee that has not been paid~~	43493
~~within one hundred eighty days after the invoice date shall be~~	43494
~~assessed at five times the original invoiced fee.~~	43495

Sec. 3748.13. (A) The director of health shall inspect	43496
sources of radiation for which licensure or registration by the	43497
handler is required, and the sources' shielding and surroundings,	43498
according to the schedule established in rules adopted under	43499
division (D) of section 3748.04 of the Revised Code. In accordance	43500
with rules adopted under section 3748.04 of the Revised Code, the	43501
director shall inspect all records and operating procedures of	43502
handlers that install or service sources of radiation and all	43503
sources of radiation for which licensure of radioactive material	43504
or registration of radiation-generating equipment by the handler	43505
is required. The director may make other inspections upon	43506
receiving complaints or other evidence of a violation of this	43507
chapter or rules adopted under it.	43508

The director shall require any hospital registered under	43509
division (A) of section 3701.07 of the Revised Code to develop and	43510
maintain a quality assurance program for all sources of	43511
radiation-generating equipment. A certified radiation expert shall	43512
conduct oversight and maintenance of the program and shall file a	43513
report of audits of the program with the director on forms	43514
prescribed by the director. The audit reports shall become part of	43515
the inspection record.	43516

(B)(1) Except as provided in division (B)(2) of this section,	43517
a facility shall pay inspection fees for radioactive material and	43518
radiation-generating equipment according to the schedule and	43519
categories established in rules adopted under division (A)(9) of	43520
section 3748.04 of the Revised Code.	43521

(2) A facility that is, or is operated by, a medical	43522
practitioner or medical-practitioner group shall pay inspection	43523
fees for radiation-generating equipment according to the following	43524
schedule and categories:	43525

First dental x-ray tube	$ 155.00	43526
Each additional dental x-ray tube at the same location	$ 77.00	43527
First medical x-ray tube	$ 307.00	43528
Each additional medical x-ray tube at the same location	$ 163.00	43529
Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak	$ 610.00	43530
First nonionizing radiation-generating equipment of any kind	$ 307.00	43531
Each additional nonionizing radiation-generating equipment of any kind at the same location	$ 163.00	43532

(C)(1) Except as provided in division (C)(2) of this section,	43533
the fee for the inspection of a facility that proposes to handle	43534
radioactive material or radiation-generating equipment and is not	43535
licensed or registered, and for which no license or registration	43536
application is pending at the time of inspection, is four hundred	43537
seventy-four dollars plus the applicable fee specified in rules	43538
adopted under division (A)(9) of section 3748.04 of the Revised	43539
Code.	43540

(2) For a facility that is, or is operated by, a medical	43541
practitioner or medical-practitioner group and proposes to handle	43542
radiation-generating equipment, the fee for an inspection if the	43543
facility is not licensed or registered, and no license or	43544
registration is pending at the time of inspection, is four hundred	43545
seventy-four dollars plus the fee applicable under the schedule in	43546
division (B)(2) of this section.	43547

(D)(1) Except as provided in division (D)(2) of this section,	43548
for a facility that handles radioactive material or	43549
radiation-generating equipment, the fee for an inspection to	43550
determine whether violations cited in a previous inspection have	43551
been corrected is the amount specified in rules adopted under	43552
division (A)(9) of section 3748.04 of the Revised Code.	43553

(2) For a facility that is, or is operated by, a medical	43554
practitioner or medical-practitioner group and handles	43555
radiation-generating equipment, the fee for an inspection to	43556
determine whether violations cited in a previous inspection have	43557
been corrected is fifty per cent of the applicable fee under the	43558
schedule in division (B)(2) of this section.	43559

(E) The director may conduct a review of shielding plans or	43560
the adequacy of shielding on the request of a licensee or	43561
registrant or an applicant for licensure or registration or during	43562
an inspection when the director considers a review to be	43563
necessary.	43564

(1) Except as provided in division (E)(2) of this section,	43565
the fee for the review is the applicable amount specified in rules	43566
adopted under division (A)(9) of section 3748.04 of the Revised	43567
Code.	43568

(2) For a facility that is, or is operated by, a medical	43569
practitioner or medical-practitioner group and handles or proposes	43570
to handle radiation-generating equipment, the fee for the review	43571
is seven hundred sixty-two dollars for each room where a source of	43572
radiation is used and is in addition to any other fee applicable	43573
under the schedule in division (B)(2) of this section.	43574

(F) All fees shall be paid to the department of health no	43575
later than thirty days after the invoice for the fee is mailed.	43576
Fees shall be deposited in the general operations fund created in	43577
section 3701.83 of the Revised Code. The fees shall be used solely	43578
to administer and enforce this chapter and rules adopted under it.	43579

(G) Any fee required under this section that ~~has not been~~	43580
~~paid within ninety days~~remains unpaid on the ninety-first day	43581
after the original invoice date shall be assessed ~~at two times~~an	43582
additional amount equal to ten per cent of the original ~~invoiced~~	43583
fee. ~~Any fee that has not been paid within one hundred eighty days~~	43584
~~after the invoice date shall be assessed at five times the~~	43585
~~original invoiced fee.~~	43586

(H) If the director determines that a board of health of a	43587
city or general health district is qualified to conduct	43588
inspections of radiation-generating equipment, the director may	43589
delegate to the board, by contract, the authority to conduct such	43590
inspections. In making a determination of the qualifications of a	43591
board of health to conduct those inspections, the director shall	43592
evaluate the credentials of the individuals who are to conduct the	43593
inspections of radiation-generating equipment and the radiation	43594
detection and measuring equipment available to them for that	43595
purpose. If a contract is entered into, the board shall have the	43596
same authority to make inspections of radiation-generating	43597
equipment as the director has under this chapter and rules adopted	43598
under it. The contract shall stipulate that only individuals	43599
approved by the director as qualified shall be permitted to	43600
inspect radiation-generating equipment under the contract's	43601
provisions. The contract shall provide for such compensation for	43602
services as is agreed to by the director and the board of health	43603
of the contracting health district. The director may reevaluate	43604
the credentials of the inspection personnel and their radiation	43605
detecting and measuring equipment as often as the director	43606
considers necessary and may terminate any contract with the board	43607
of health of any health district that, in the director's opinion,	43608
is not satisfactorily performing the terms of the contract.	43609

(I) The director may enter at all reasonable times upon any	43610
public or private property to determine compliance with this	43611
chapter and rules adopted under it.	43612

Sec. 3748.15. No facility shall violate or fail to comply	43613
with any duty imposed by this chapter, fail to pay any	43614
administrative penalty assessed in accordance with rules adopted	43615
under division (A)(6) of section 3748.05 of the Revised Code, or	43616
violate or fail to comply with any valid order ofissued or rule	43617
adopted by the director of health ~~issued or rule of the public~~	43618
~~health council adopted~~ under this chapter. Each day a violation	43619
continues is a separate offense.	43620

Sec. 3748.20. (A) The governor, with the advice and consent	43621
of the senate, shall appoint a radiation advisory council, which	43622
shall consist of the following members:	43623

(1) One individual who has recognized ability and credentials	43624
in the field of medical radiation physics;	43625

(2) One individual who has recognized ability and credentials	43626
in the field of health physics;	43627

(3) One individual holding the degree of doctor of medicine	43628
or doctor of osteopathy and licensed to practice medicine or	43629
surgery or osteopathic medicine and surgery, as applicable, under	43630
Chapter 4731. of the Revised Code who has recognized ability and	43631
credentials in the practice of radiology;	43632

(4) One individual who is licensed to practice dentistry	43633
under Chapter 4715. of the Revised Code;	43634

(5) One individual holding the degree of doctor of medicine	43635
and licensed to practice medicine or surgery under Chapter 4731.	43636
of the Revised Code who has recognized ability and credentials in	43637
the field of nuclear medicine;	43638

(6) One individual who has recognized ability and credentials	43639
in the field of public health or environmental science;	43640

(7) One individual licensed as a podiatrist under Chapter	43641
4731. of the Revised Code;	43642

(8) One individual licensed as a chiropractor under Chapter	43643
4734. of the Revised Code;	43644

(9) One individual who is a qualified radiation safety	43645
officer or radiation protection manager from a facility in this	43646
state that is licensed for the use of radiation materials;	43647

(10) One individual who has recognized ability and	43648
credentials in the field of radon measurement, mitigation, or	43649
health risk management;	43650

(11) One individual who is a member of a statewide consumer	43651
or environmental advocacy organization;	43652

(12) One individual representing the public;

43653

(13) One individual who has recognized ability and experience	43654
in the administration and enforcement of federal radiation	43655
protection regulations, who shall be a nonvoting member.	43656

The governor shall make the initial appointments to the	43657
council not later than December 7, 1995. Of the initial	43658
appointments, four shall be for a term of office of three years,	43659
four shall be for a term of office of four years, and four shall	43660
be for a term of office of five years. Thereafter, terms of office	43661
for the members of the council shall be five years with each term	43662
ending on the same day of the same month as did the term that it	43663
succeeds. Each member shall hold office from the date of the	43664
member's appointment until the end of the term for which the	43665
member was appointed. Members may be reappointed. Vacancies shall	43666
be filled in the manner provided for original appointment. Any	43667
member appointed to fill a vacancy occurring prior to the	43668
expiration of the term for which the member's predecessor was	43669
appointed shall hold office for the remainder of that term. A	43670
member shall continue in office subsequent to the expiration of	43671
the member's term or until a period of sixty days has elapsed,	43672
whichever occurs first.	43673

The council shall hold four regular quarterly meetings each	43674
year. Special meetings may be held at the request of the	43675
chairperson of the council or the director of health. The	43676
chairperson shall be selected annually by members of the council	43677
during the first meeting of the calendar year. Following each	43678
meeting, the chairperson shall submit a report to the director	43679
summarizing the activities, discussion, and recommendations of the	43680
council. Seven voting members of the council constitute a quorum.	43681

Members of the radiation advisory council shall receive a per	43682
diem compensation in an amount approved by the director and also	43683
shall be reimbursed for actual expenses incurred in the	43684
performance of their official duties.	43685

The department of health shall provide the council the	43686
administrative support necessary to execute its duties.	43687

(B) The radiation advisory council shall do all of the	43688
following:	43689

(1) Advise and consult with the ~~public health council~~	43690
director in the development of rules ~~proposed for adoption~~to be	43691
adopted under section 3748.04 of the Revised Code;	43692

(2) Advise and consult with the director concerning the	43693
administration, implementation, and enforcement of this chapter,	43694
including the implementation of the specific responsibilities	43695
delineated in section 3748.05 of the Revised Code;	43696

(3) Advise and consult with the director in the development	43697
of inspection criteria, procedures, and guidelines to be used in	43698
the radiation control program established under this chapter and	43699
rules adopted under it;	43700

(4) Prepare and submit to the director an annual report	43701
evaluating the department's administration of the radiation	43702
control program.	43703

(C) The council shall establish committees to focus on	43704
specific components of the radiation control program established	43705
under this chapter and rules adopted under it. Chairpersons of the	43706
committees shall be appointed by the chairperson of the council	43707
and shall be members of the council. Other members of the	43708
committees shall be appointed by the chairperson of the council	43709
and may include individuals who are not members of the council.	43710

The membership and responsibilities of each committee	43711
established under this division shall be subject to the approval	43712
of the director. Members of the committees shall be reimbursed for	43713
actual expenses incurred in the performance of their official	43714
duties.	43715

Committee reports shall be presented to the council at each	43716
regular meeting of the council.	43717

Sec. 3749.02. The ~~public~~director of health ~~council~~ shall,	43718
subject to Chapter 119. of the Revised Code, adopt rules of	43719
general application throughout the state governing the issuance of	43720
licenses, approval of plans, layout, construction, sanitation,	43721
safety, and operation of public swimming pools, public spas, and	43722
special use pools. Such rules shall not be applied to the	43723
construction, erection, or manufacture of any building to which	43724
section 3781.06 of the Revised Code is applicable when the	43725
building or structure is either integral to or appurtenant to a	43726
public swimming pool, a public spa, or a special use pool.	43727

Sec. 3749.03. (A) No person shall construct or install, or	43728
renovate or otherwise substantially alter, a public swimming pool,	43729
public spa, or ~~special-use~~special use pool after September 10,	43730
1987, until the plans for the pool or spa have been submitted to	43731
and approved by the director of health. Within thirty days of	43732
receipt of the plans, the director shall approve or disapprove	43733
them. The plans and approval required under this division do not	43734
apply to repairs or ordinary maintenance that does not	43735
substantially affect the manner of water recirculation or basic	43736
design of the public swimming pool, public spa, or ~~special-use~~	43737
special use pool.	43738

Any person aggrieved by the director's disapproval of plans	43739
under this division may, within thirty days following receipt of	43740
the director's notice of disapproval, request a hearing on the	43741
matter. The hearing shall be held in accordance with Chapter 119.	43742
of the Revised Code and may be appealed in the manner provided in	43743
that chapter.	43744

(B) Prior to the issuance of a license to operate a newly	43745
constructed or altered public swimming pool, public spa, or	43746
~~special-use~~special use pool, the director or a licensor	43747
authorized by the director shall verify that the construction or	43748
alterations are consistent with the plans submitted and approved	43749
under division (A) of this section. The director or licensor	43750
authorized by the director shall have two working days from the	43751
time notification is received that a public swimming pool, public	43752
spa, or ~~special-use~~special use pool is ready for an inspection to	43753
verify the construction or alterations.	43754

(C) ~~The~~(1) Except as provided in division (C)(2) of this	43755
section, the fees for the approval of plans are as follows:	43756

~~(1)~~(a) Five per cent of the total cost of the equipment and	43757
installation not to exceed two hundred seventy-five dollars for a	43758
public swimming pool, public spa, or ~~special-use~~special use pool,	43759
or a combination thereof, that has less than two thousand square	43760
feet of surface area;	43761

~~(2)~~(b) Five per cent of the total cost of the equipment and	43762
installation not to exceed five hundred fifty dollars for a public	43763
swimming pool, public spa, ~~special-use~~special use pool, or a	43764
combination thereof, that has two thousand or more square feet of	43765
surface area.	43766

~~After December 31, 1992, the public health council~~(2) The	43767
director may, by rule adopted in accordance with Chapter 119. of	43768
the Revised Code, increase the fees established by this section.	43769

(D) All plan approval fees shall be paid into the state	43770
treasury to the credit of the general operations fund created by	43771
section 3701.83 of the Revised Code. The fees shall be	43772
administered by the director and shall be used solely for the	43773
administration and enforcement of this chapter and the rules	43774
adopted thereunder.	43775

(E) Plan approvals issued under this section shall not	43776
constitute an exemption from the land use and building	43777
requirements of the political subdivision in which the public	43778
swimming pool, public spa, or ~~special-use~~special use pool is or	43779
is to be located.	43780

Sec. 3749.04. (A) No person shall operate or maintain a	43781
public swimming pool, public spa, or ~~special-use~~special use pool	43782
without a license issued by the licensor having jurisdiction.	43783

(B) Every person who intends to operate or maintain an	43784
existing public swimming pool, public spa, or ~~special-use~~special	43785
use pool shall, during the month of April of each year, apply to	43786
the licensor having jurisdiction for a license to operate the pool	43787
or spa. Any person proposing to operate or maintain a new or	43788
otherwise unlicensed public swimming pool, public spa, or	43789
~~special-use~~special use pool shall apply to the licensor having	43790
jurisdiction at least thirty days prior to the intended start of	43791
operation of the pool or spa. Within thirty days of receipt of an	43792
application for licensure of a public swimming pool, public spa,	43793
or ~~special-use~~special use pool, the licensor shall process the	43794
application and either issue a license or otherwise respond to the	43795
applicant regarding the application.	43796

(C) Each license issued shall be effective from the date of	43797
issuance until the last day of May of the following year.	43798

(D) Each licensor administering and enforcing sections	43799
3749.01 to 3749.09 of the Revised Code and the rules adopted	43800
thereunder may establish licensing and inspection fees in	43801
accordance with section 3709.09 of the Revised Code, which shall	43802
not exceed the cost of licensing and inspecting public swimming	43803
pools, public spas, and ~~special-use~~special use pools.	43804

(E) Except as provided in division (F) of this section and in	43805
division (B) of section 3749.07 of the Revised Code, all license	43806
fees collected by a licensor shall be deposited into a swimming	43807
pool fund, which is hereby created in each health district. The	43808
fees shall be used by the licensor solely for the purpose of	43809
administering and enforcing this chapter and the rules adopted	43810
under this chapter.	43811

(F) An annual license fee established under division (D) of	43812
this section shall include any additional amount determined by	43813
rule of the ~~public~~director of health ~~council~~, which the board of	43814
health shall collect and transmit to the director ~~of health~~	43815
pursuant to section 3709.092 of the Revised Code. The amounts	43816
collected under this division shall be administered by the	43817
director of health and shall be used solely for the administration	43818
and enforcement of this chapter and the rules adopted under this	43819
chapter.	43820

Sec. 3752.06. (A) Unless the owner or operator of a	43821
reporting facility has submitted to the director of environmental	43822
protection in connection with the facility a notice of the	43823
temporary discontinuation of all regulated operations at the	43824
facility in compliance with division (A)(1) of section 3752.09 of	43825
the Revised Code, has submitted an application for a waiver in	43826
compliance with or been issued a waiver under division (A) of	43827
section 3752.10 of the Revised Code, or, pursuant to division (B)	43828
of this section, has been granted an extension of time for	43829
compliance with divisions (A)(4) to (6) of this section, and	43830
except as provided in division (C) of this section, the owner or	43831
operator, not later than ninety days after the cessation of all	43832
regulated operations at the facility, shall do all of the	43833
following:	43834

(1) Submit to the director a copy of the most recent	43835
emergency and hazardous chemical inventory form for the facility	43836
submitted to the emergency response commission in accordance with	43837
section 3750.08 of the Revised Code accompanied by a statement	43838
indicating whether any asbestos-containing materials are present	43839
at the facility;	43840

(2) Submit to the director a copy of the current hazardous	43841
chemical list, or of each of the material safety data sheets, that	43842
the owner or operator is required to have on file with the	43843
commission under section 3750.07 of the Revised Code in connection	43844
with the facility;	43845

(3) Submit to the director a list of every stationary tank,	43846
vat, electrical transformer, and vessel of any type that contains	43847
or is contaminated with regulated substances and that is to remain	43848
at the facility; a precise description of the location of each;	43849
and an identification of the regulated substances that are in or	43850
contaminate each;	43851

(4) Drain or remove all regulated substances from each	43852
stationary vat, tank, electrical transformer, and vessel, and from	43853
all piping, that is to remain at the facility and do any or a	43854
combination of the following:	43855

(a) Transfer the regulated substances to another facility	43856
owned or operated by the owner or operator. If any regulated	43857
substances are transferred to another facility of the owner or	43858
operator located within this state, they shall be transferred to a	43859
facility that is operating. If any regulated substances are	43860
transferred to another facility of the owner or operator located	43861
outside this state, they shall be transferred in compliance with	43862
the applicable laws governing the receiving facility of the state	43863
in which the receiving facility is located.	43864

(b) Lawfully transfer ownership of the regulated substances	43865
to another person through sale or otherwise;	43866

(c) Cause the regulated substances to be transported off the	43867
premises of the facility and managed in compliance with the	43868
applicable provisions of Chapter 3734. of the Revised Code and	43869
rules adopted under that chapter; the "Toxic Substances Control	43870
Act," 90 Stat. 2003 (1976), 15 U.S.C.A. 2601, as amended, and	43871
regulations adopted under it; or the "Resource Conservation and	43872
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	43873
amended, and regulations adopted under it; or, if transported out	43874
of state, to be managed in compliance with the waste management	43875
laws of the state to which the regulated substances are	43876
transported.	43877

In the case of any regulated substance that also is a	43878
hazardous material identified or listed in regulations adopted	43879
under the "Hazardous Materials Transportation Act," 88 Stat. 2156	43880
(1975), 49 U.S.C.A. 1801, as amended, and that is to be	43881
transported off the premises of the facility, the owner or	43882
operator of the facility shall transport the regulated substance,	43883
or cause it to be transported, in compliance with the applicable	43884
rules adopted under ~~division (A) of section 4919.85, division (E)~~	43885
~~of section 4921.04, division (C) of section 4923.03, or division~~	43886
~~(C) of section 4923.20~~Chapters 4905., 4921., and 4923. of the	43887
Revised Code.	43888

(5) Remove from the facility all debris, nonstationary	43889
equipment and furnishings, nonstationary containers, and motor	43890
vehicles and rolling stock that contain or are contaminated with a	43891
regulated substance and do any or a combination of the following:	43892

(a) Transfer the debris, equipment, furnishings, containers,	43893
and motor vehicles and rolling stock to another facility owned or	43894
operated by the owner or operator. If any such debris, equipment,	43895
furnishings, containers, or motor vehicles and rolling stock is	43896
transferred to another facility of the owner or operator located	43897
in this state, it shall be transferred to a facility that is	43898
operating. If any such debris, equipment, furnishings, containers,	43899
or motor vehicles and rolling stock is transferred to another	43900
facility of the owner or operator located outside this state, it	43901
only shall be transferred in compliance with the applicable laws	43902
governing the receiving facility of the state in which the	43903
receiving facility is located.	43904

(b) Lawfully transfer ownership of the debris, equipment,	43905
furnishings, containers, and motor vehicles and rolling stock to	43906
another person through sale or otherwise;	43907

(c) Cause the debris, equipment, furnishings, and containers	43908
to be transported off the premises of the facility and managed in	43909
compliance with the applicable provisions of Chapter 3734. of the	43910
Revised Code and rules adopted under that chapter; the "Toxic	43911
Substances Control Act," 90 Stat. 2003 (1976), 15 U.S.C.A. 2601,	43912
as amended, and regulations adopted under it; or the "Resource	43913
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	43914
6921, as amended, and regulations adopted under it; or, if	43915
transported out of state, to be managed in compliance with the	43916
waste management laws of the state to which the debris, equipment,	43917
furnishings, and containers are transported.	43918

(6) Make a written certification to the director that the	43919
actions required by divisions (A)(4) and (5) of this section have	43920
been completed in compliance with those divisions and any	43921
applicable rules adopted under section 3752.03 of the Revised	43922
Code. The certification shall be made on a form prescribed by the	43923
director and, in addition to the information required in division	43924
(A) of this section, shall include, without limitation, the	43925
owner's or operator's name and the address of the owner's or	43926
operator's principal office.	43927

(B) Upon the written request of the owner or operator of a	43928
facility who is subject to division (A) of this section, the	43929
director, at ~~his~~the director's discretion, may extend the length	43930
of time required for compliance with divisions (A)(4) to (6) of	43931
this section for any period of time the director considers	43932
reasonable and necessary if the director finds from the request	43933
that either of the following applies:	43934

(1) The inability of the owner or operator to complete the	43935
required actions within the time prescribed in that division is	43936
due to circumstances that are temporary in nature and are beyond	43937
the control of the owner or operator;	43938

(2) The owner or operator, exercising reasonable diligence,	43939
is unable to complete the required actions within the time	43940
prescribed in that division due to facility size, operational	43941
complexity, or other such relevant factors.	43942

Upon making a decision on a request submitted under division	43943
(B) of this section, the director shall mail notice of ~~his~~the	43944
decision to the owner or operator by certified mail, return	43945
receipt requested, and, if the request was approved, notice of the	43946
length of the extension.	43947

(C) An owner or operator of a reporting facility who is	43948
subject to this section is not required to perform the removal	43949
actions required by it or to make the certification required by	43950
division (A)(6) of this section with respect to hazardous waste	43951
stored, treated, or disposed of at the facility, or portion of the	43952
facility, for which the owner holds a valid hazardous waste	43953
facility installation and operation permit or renewal permit	43954
issued under section 3734.05 of the Revised Code or has obtained a	43955
generator identification number pursuant to rules adopted under	43956
section 3734.12 of the Revised Code. Instead, the owner shall	43957
comply with the applicable closure and post-closure care	43958
requirements established in rules adopted under section 3734.12 of	43959
the Revised Code.	43960

(D) No person shall fail to comply with any provision of	43961
division (A) of this section within the time required by that	43962
division and any extension of that time granted under division (B)	43963
of this section, as appropriate.	43964

Sec. 3770.06. (A) There is hereby created the state lottery	43965
gross revenue fund, which shall be in the custody of the treasurer	43966
of state but shall not be part of the state treasury. All gross	43967
revenues received from sales of lottery tickets, fines, fees, and	43968
related proceeds in connection with the statewide lottery and all	43969
gross proceeds from statewide joint lottery games shall be	43970
deposited into the fund. The treasurer of state shall invest any	43971
portion of the fund not needed for immediate use in the same	43972
manner as, and subject to all provisions of law with respect to	43973
the investment of, state funds. The treasurer of state shall	43974
disburse money from the fund on order of the director of the state	43975
lottery commission or the director's designee.	43976

Except for gross proceeds from statewide joint lottery games,	43977
all revenues of the state lottery gross revenue fund that are not	43978
paid to holders of winning lottery tickets, that are not required	43979
to meet short-term prize liabilities, that are not credited to	43980
lottery sales agents in the form of bonuses, commissions, or	43981
reimbursements, that are not paid to financial institutions to	43982
reimburse those institutions for sales agent nonsufficient funds,	43983
and that are collected from sales agents for remittance to	43984
insurers under contract to provide sales agent bonding services	43985
shall be transferred to the state lottery fund, which is hereby	43986
created in the state treasury. In addition, all revenues of the	43987
state lottery gross revenue fund that represent the gross proceeds	43988
from the statewide joint lottery games and that are not paid to	43989
holders of winning lottery tickets, that are not required to meet	43990
short-term prize liabilities, that are not credited to lottery	43991
sales agents in the form of bonuses, commissions, or	43992
reimbursements, and that are not necessary to cover operating	43993
expenses associated with those games or to otherwise comply with	43994
the agreements signed by the governor that the director enters	43995
into under division (J) of section 3770.02 of the Revised Code or	43996
the rules the commission adopts under division (B)(5) of section	43997
3770.03 of the Revised Code shall be transferred to the state	43998
lottery fund. All investment earnings of the fund shall be	43999
credited to the fund. Moneys shall be disbursed from the fund	44000
pursuant to vouchers approved by the director. Total disbursements	44001
for monetary prize awards to holders of winning lottery tickets in	44002
connection with the statewide lottery and purchases of goods and	44003
services awarded as prizes to holders of winning lottery tickets	44004
shall be of an amount equal to at least fifty per cent of the	44005
total revenue accruing from the sale of lottery tickets.	44006

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	44007
there is hereby established in the state treasury the lottery	44008
profits education fund. Whenever, in the judgment of the director	44009
of ~~budget and management~~the state lottery commission, the amount	44010
to the credit of the state lottery fund that does not represent	44011
proceeds from statewide joint lottery games is in excess of that	44012
needed to meet the maturing obligations of the commission and as	44013
working capital for its further operations, the director of the	44014
state lottery commission shall recommend the amount of the excess	44015
to be transferred to the lottery profits education fund, and the	44016
director of budget and management may transfer the excess to the	44017
lottery profits education fund in connection with the statewide	44018
lottery. In addition, whenever, in the judgment of the director of	44019
~~budget and management~~the state lottery commission, the amount to	44020
the credit of the state lottery fund that represents proceeds from	44021
statewide joint lottery games equals the entire net proceeds of	44022
those games as described in division (B)(5) of section 3770.03 of	44023
the Revised Code and the rules adopted under that division, the	44024
director of the state lottery commission shall recommend the	44025
amount of the proceeds to be transferred to the lottery profits	44026
education fund, and the director of budget and management may	44027
transfer those proceeds to the lottery profits education fund.	44028
~~There shall also be credited to the fund any repayments of moneys~~	44029
~~loaned from the educational excellence investment fund.~~ Investment	44030
earnings of the lottery profits education fund shall be credited	44031
to the fund.	44032

The lottery profits education fund shall be used solely for	44033
the support of elementary, secondary, vocational, and special	44034
education programs as determined in appropriations made by the	44035
general assembly, or as provided in applicable bond proceedings	44036
for the payment of debt service on obligations issued to pay costs	44037
of capital facilities, including those for a system of common	44038
schools throughout the state pursuant to section 2n of Article	44039
VIII, Ohio Constitution. When determining the availability of	44040
money in the lottery profits education fund, the director of	44041
budget and management may consider all balances and estimated	44042
revenues of the fund.	44043

(C) There is hereby established in the state treasury the	44044
deferred prizes trust fund. With the approval of the director of	44045
budget and management, an amount sufficient to fund annuity prizes	44046
shall be transferred from the state lottery fund and credited to	44047
the trust fund. The treasurer of state shall credit all earnings	44048
arising from investments purchased under this division to the	44049
trust fund. Within sixty days after the end of each fiscal year,	44050
the treasurer of state shall certify to the director of budget and	44051
management whether the actuarial amount of the trust fund is	44052
sufficient over the fund's life for continued funding of all	44053
remaining deferred prize liabilities as of the last day of the	44054
fiscal year just ended. Also, within that sixty days, the director	44055
of budget and management shall certify the amount of investment	44056
earnings necessary to have been credited to the trust fund during	44057
the fiscal year just ending to provide for such continued funding	44058
of deferred prizes. Any earnings credited in excess of the latter	44059
certified amount shall be transferred to the lottery profits	44060
education fund.	44061

To provide all or a part of the amounts necessary to fund	44062
deferred prizes awarded by the commission in connection with the	44063
statewide lottery, the treasurer of state, in consultation with	44064
the commission, may invest moneys contained in the deferred prizes	44065
trust fund which represents proceeds from the statewide lottery in	44066
obligations of the type permitted for the investment of state	44067
funds but whose maturities are thirty years or less.	44068
Notwithstanding the requirements of any other section of the	44069
Revised Code, to provide all or part of the amounts necessary to	44070
fund deferred prizes awarded by the commission in connection with	44071
statewide joint lottery games, the treasurer of state, in	44072
consultation with the commission, may invest moneys in the trust	44073
fund which represent proceeds derived from the statewide joint	44074
lottery games in accordance with the rules the commission adopts	44075
under division (B)(5) of section 3770.03 of the Revised Code.	44076
Investments of the trust fund are not subject to the provisions of	44077
division (A)(10) of section 135.143 of the Revised Code limiting	44078
to twenty-five per cent the amount of the state's total average	44079
portfolio that may be invested in debt interests and limiting to	44080
one-half of one per cent the amount that may be invested in debt	44081
interests of a single issuer.	44082

All purchases made under this division shall be effected on a	44083
delivery versus payment method and shall be in the custody of the	44084
treasurer of state.	44085

The treasurer of state may retain an investment advisor, if	44086
necessary. The commission shall pay any costs incurred by the	44087
treasurer of state in retaining an investment advisor.	44088

(D) The auditor of state shall conduct annual audits of all	44089
funds and any other audits as the auditor of state or the general	44090
assembly considers necessary. The auditor of state may examine all	44091
records, files, and other documents of the commission, and records	44092
of lottery sales agents that pertain to their activities as	44093
agents, for purposes of conducting authorized audits.	44094

The state lottery commission shall establish an internal	44095
audit program before the beginning of each fiscal year, subject to	44096
the approval of the auditor of state. At the end of each fiscal	44097
year, the commission shall prepare and submit an annual report to	44098
the auditor of state for the auditor of state's review and	44099
approval, specifying the internal audit work completed by the end	44100
of that fiscal year and reporting on compliance with the annual	44101
internal audit program. The form and content of the report shall	44102
be prescribed by the auditor of state under division (C) of	44103
section 117.20 of the Revised Code.	44104

(E) Whenever, in the judgment of the director of budget and	44105
management, an amount of net state lottery proceeds is necessary	44106
to be applied to the payment of debt service on obligations, all	44107
as defined in sections 151.01 and 151.03 of the Revised Code, the	44108
director shall transfer that amount directly from the state	44109
lottery fund or from the lottery profits education fund to the	44110
bond service fund defined in those sections. The provisions of	44111
this division are subject to any prior pledges or obligation of	44112
those amounts to the payment of bond service charges as defined in	44113
division (C) of section 3318.21 of the Revised Code, as referred	44114
to in division (B) of this section.	44115

Sec. 3781.03. (A) The state fire marshal, the fire chief of a	44116
municipal corporation that has a fire department, or the fire	44117
chief of a township that has a fire department shall enforce the	44118
provisions of this chapter and Chapter 3791. of the Revised Code	44119
that relate to fire prevention.	44120

(B) The superintendent of ~~labor~~industrial compliance, or the	44121
building inspector or commissioner of buildings in a municipal	44122
corporation, county, or township in which the building department	44123
is certified by the board of building standards under section	44124
3781.10 of the Revised Code shall enforce in the jurisdiction of	44125
each entity all the provisions in this chapter and Chapter 3791.	44126
of the Revised Code and any rules adopted pursuant to those	44127
chapters that relate to the construction, arrangement, and	44128
erection of all buildings or parts of buildings, as defined in	44129
section 3781.06 of the Revised Code, including the sanitary	44130
condition of those buildings in relation to heating and	44131
ventilation.	44132

(C) The division of ~~labor~~industrial compliance in the	44133
department of commerce, boards of health of health districts,	44134
certified departments of building inspection of municipal	44135
corporations, and county building departments that have authority	44136
to perform inspections pursuant to a contract under division	44137
(C)(1) of section 3703.01 of the Revised Code, subject to Chapter	44138
3703. of the Revised Code, shall enforce this chapter and Chapter	44139
3791. of the Revised Code and the rules adopted pursuant to those	44140
chapters that relate to plumbing. Building drains are considered	44141
plumbing for the purposes of enforcement of those chapters.	44142

(D)(1) In accordance with Chapter 3703. of the Revised Code,	44143
the department of the city engineer, in cities having such	44144
departments, the boards of health of health districts, or the	44145
sewer purveyor, as appropriate, shall have complete authority to	44146
supervise and regulate the entire sewerage and drainage system in	44147
the jurisdiction in which it is exercising the authority described	44148
in this division, including the building sewer and all laterals	44149
draining into the street sewers.	44150

(2) In accordance with Chapter 3703. of the Revised Code, the	44151
department of the city engineer, the boards of health of health	44152
districts, or the sewer purveyor, as appropriate, shall control	44153
and supervise the installation and construction of all drains and	44154
sewers that become a part of the sewerage system and shall issue	44155
all the necessary permits and licenses for the construction and	44156
installation of all building sewers and of all other lateral	44157
drains that empty into the main sewers. The department of the city	44158
engineer, the boards of health of health districts, and the sewer	44159
purveyor, as appropriate, shall keep a permanent record of the	44160
installation and location of every drain and sewer of the drainage	44161
and sewerage system of the jurisdiction in which it has exercised	44162
the authority described in this division.	44163

(E) This section does not exempt any officer or department	44164
from the obligation to enforce this chapter and Chapter 3791. of	44165
the Revised Code.	44166

Sec. 3781.06. (A)(1) Any building that may be used as a	44167
place of resort, assembly, education, entertainment, lodging,	44168
dwelling, trade, manufacture, repair, storage, traffic, or	44169
occupancy by the public, any residential building, and all other	44170
buildings or parts and appurtenances of those buildings erected	44171
within this state, shall be so constructed, erected, equipped, and	44172
maintained that they shall be safe and sanitary for their intended	44173
use and occupancy.	44174

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the	44175
Revised Code shall be construed to limit the power of the ~~public~~	44176
~~health council~~manufactured homes commission to adopt rules of	44177
uniform application governing manufactured home parks pursuant to	44178
section ~~3733.02~~4781.26 of the Revised Code.	44179

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	44180
Code do not apply to either of the following:	44181

(1) Buildings or structures that are incident to the use for	44182
agricultural purposes of the land on which the buildings or	44183
structures are located, provided those buildings or structures are	44184
not used in the business of retail trade. For purposes of this	44185
division, a building or structure is not considered used in the	44186
business of retail trade if fifty per cent or more of the gross	44187
income received from sales of products in the building or	44188
structure by the owner or operator is from sales of products	44189
produced or raised in a normal crop year on farms owned or	44190
operated by the seller.	44191

(2) Existing single-family, two-family, and three-family	44192
detached dwelling houses for which applications have been	44193
submitted to the director of job and family services pursuant to	44194
section 5104.03 of the Revised Code for the purposes of operating	44195
type A family day-care homes as defined in section 5104.01 of the	44196
Revised Code.	44197

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	44198
Revised Code:	44199

(1) "Agricultural purposes" include agriculture, farming,	44200
dairying, pasturage, apiculture, horticulture, floriculture,	44201
viticulture, ornamental horticulture, olericulture, pomiculture,	44202
and animal and poultry husbandry.	44203

(2) "Building" means any structure consisting of foundations,	44204
walls, columns, girders, beams, floors, and roof, or a combination	44205
of any number of these parts, with or without other parts or	44206
appurtenances.	44207

(3) "Industrialized unit" means a building unit or assembly	44208
of closed construction fabricated in an off-site facility, that is	44209
substantially self-sufficient as a unit or as part of a greater	44210
structure, and that requires transportation to the site of	44211
intended use. "Industrialized unit" includes units installed on	44212
the site as independent units, as part of a group of units, or	44213
incorporated with standard construction methods to form a	44214
completed structural entity. "Industrialized unit" does not	44215
include a manufactured home as defined by division (C)(4) of this	44216
section or a mobile home as defined by division (O) of section	44217
4501.01 of the Revised Code.	44218

(4) "Manufactured home" means a building unit or assembly of	44219
closed construction that is fabricated in an off-site facility and	44220
constructed in conformance with the federal construction and	44221
safety standards established by the secretary of housing and urban	44222
development pursuant to the "Manufactured Housing Construction and	44223
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	44224
5403, and that has a permanent label or tag affixed to it, as	44225
specified in 42 U.S.C.A. 5415, certifying compliance with all	44226
applicable federal construction and safety standards.	44227

(5) "Permanent foundation" means permanent masonry, concrete,	44228
or a footing or foundation approved by the manufactured homes	44229
commission pursuant to Chapter 4781. of the Revised Code, to which	44230
a manufactured or mobile home may be affixed.	44231

(6) "Permanently sited manufactured home" means a	44232
manufactured home that meets all of the following criteria:	44233

(a) The structure is affixed to a permanent foundation and is	44234
connected to appropriate facilities;	44235

(b) The structure, excluding any addition, has a width of at	44236
least twenty-two feet at one point, a length of at least	44237
twenty-two feet at one point, and a total living area, excluding	44238
garages, porches, or attachments, of at least nine hundred square	44239
feet;	44240

(c) The structure has a minimum 3:12 residential roof pitch,	44241
conventional residential siding, and a six-inch minimum eave	44242
overhang, including appropriate guttering;	44243

(d) The structure was manufactured after January 1, 1995;

44244

(e) The structure is not located in a manufactured home park	44245
as defined by section ~~3733.01~~4781.01 of the Revised Code.	44246

(7) "Safe," with respect to a building, means it is free from	44247
danger or hazard to the life, safety, health, or welfare of	44248
persons occupying or frequenting it, or of the public and from	44249
danger of settlement, movement, disintegration, or collapse,	44250
whether such danger arises from the methods or materials of its	44251
construction or from equipment installed therein, for the purpose	44252
of lighting, heating, the transmission or utilization of electric	44253
current, or from its location or otherwise.	44254

(8) "Sanitary," with respect to a building, means it is free	44255
from danger or hazard to the health of persons occupying or	44256
frequenting it or to that of the public, if such danger arises	44257
from the method or materials of its construction or from any	44258
equipment installed therein, for the purpose of lighting, heating,	44259
ventilating, or plumbing.	44260

(9) "Residential building" means a one-family, two-family, or	44261
three-family dwelling house, and any accessory structure	44262
incidental to that dwelling house. "Residential building" includes	44263
a one-family, two-family, or three-family dwelling house that is	44264
used as a model to promote the sale of a similar dwelling house.	44265
"Residential building" does not include an industrialized unit as	44266
defined by division (C)(3) of this section, a manufactured home as	44267
defined by division (C)(4) of this section, or a mobile home as	44268
defined by division (O) of section 4501.01 of the Revised Code.	44269

(10) "Nonresidential building" means any building that is not	44270
a residential building or a manufactured or mobile home.	44271

(11) "Accessory structure" means a structure that is attached	44272
to a residential building and serves the principal use of the	44273
residential building. "Accessory structure" includes, but is not	44274
limited to, a garage, porch, or screened-in patio.	44275

Sec. 3781.102. (A) Any county or municipal building	44276
department certified pursuant to division (E) of section 3781.10	44277
of the Revised Code as of September 14, 1970, and that, as of that	44278
date, was inspecting single-family, two-family, and three-family	44279
residences, and any township building department certified	44280
pursuant to division (E) of section 3781.10 of the Revised Code,	44281
is hereby declared to be certified to inspect single-family,	44282
two-family, and three-family residences containing industrialized	44283
units, and shall inspect the buildings or classes of buildings	44284
subject to division (E) of section 3781.10 of the Revised Code.	44285

(B) Each board of county commissioners may adopt, by	44286
resolution, rules establishing standards and providing for the	44287
licensing of electrical and heating, ventilating, and air	44288
conditioning contractors who are not required to hold a valid and	44289
unexpired license pursuant to Chapter 4740. of the Revised Code.	44290

Rules adopted by a board of county commissioners pursuant to	44291
this division may be enforced within the unincorporated areas of	44292
the county and within any municipal corporation where the	44293
legislative authority of the municipal corporation has contracted	44294
with the board for the enforcement of the county rules within the	44295
municipal corporation pursuant to section 307.15 of the Revised	44296
Code. The rules shall not conflict with rules adopted by the board	44297
of building standards pursuant to section 3781.10 of the Revised	44298
Code or by the department of commerce pursuant to Chapter 3703. of	44299
the Revised Code. This division does not impair or restrict the	44300
power of municipal corporations under Section 3 of Article XVIII,	44301
Ohio Constitution, to adopt rules concerning the erection,	44302
construction, repair, alteration, and maintenance of buildings and	44303
structures or of establishing standards and providing for the	44304
licensing of specialty contractors pursuant to section 715.27 of	44305
the Revised Code.	44306

A board of county commissioners, pursuant to this division,	44307
may require all electrical contractors and heating, ventilating,	44308
and air conditioning contractors, other than those who hold a	44309
valid and unexpired license issued pursuant to Chapter 4740. of	44310
the Revised Code, to successfully complete an examination, test,	44311
or demonstration of technical skills, and may impose a fee and	44312
additional requirements for a license to engage in their	44313
respective occupations within the jurisdiction of the board's	44314
rules under this division.	44315

(C) No board of county commissioners shall require any	44316
specialty contractor who holds a valid and unexpired license	44317
issued pursuant to Chapter 4740. of the Revised Code to	44318
successfully complete an examination, test, or demonstration of	44319
technical skills in order to engage in the type of contracting for	44320
which the license is held, within the unincorporated areas of the	44321
county and within any municipal corporation whose legislative	44322
authority has contracted with the board for the enforcement of	44323
county regulations within the municipal corporation, pursuant to	44324
section 307.15 of the Revised Code.	44325

(D) A board may impose a fee for registration of a specialty	44326
contractor who holds a valid and unexpired license issued pursuant	44327
to Chapter 4740. of the Revised Code before that specialty	44328
contractor may engage in the type of contracting for which the	44329
license is held within the unincorporated areas of the county and	44330
within any municipal corporation whose legislative authority has	44331
contracted with the board for the enforcement of county	44332
regulations within the municipal corporation, pursuant to section	44333
307.15 of the Revised Code, provided that the fee is the same for	44334
all specialty contractors who wish to engage in that type of	44335
contracting. If a board imposes such a fee, the board immediately	44336
shall permit a specialty contractor who presents proof of holding	44337
a valid and unexpired license and pays the required fee to engage	44338
in the type of contracting for which the license is held within	44339
the unincorporated areas of the county and within any municipal	44340
corporation whose legislative authority has contracted with the	44341
board for the enforcement of county regulations within the	44342
municipal corporation, pursuant to section 307.15 of the Revised	44343
Code.	44344

(E) The political subdivision associated with each municipal,	44345
township, and county building department the board of building	44346
standards certifies pursuant to division (E) of section 3781.10 of	44347
the Revised Code may prescribe fees to be paid by persons,	44348
political subdivisions, or any department, agency, board,	44349
commission, or institution of the state, for the acceptance and	44350
approval of plans and specifications, and for the making of	44351
inspections, pursuant to sections 3781.03 and 3791.04 of the	44352
Revised Code.	44353

(F) Each political subdivision that prescribes fees pursuant	44354
to division (E) of this section shall collect, on behalf of the	44355
board of building standards, fees equal to the following:	44356

(1) Three per cent of the fees the political subdivision	44357
collects in connection with nonresidential buildings;	44358

(2) One per cent of the fees the political subdivision	44359
collects in connection with residential buildings.	44360

(G)(1) The board shall adopt rules, in accordance with	44361
Chapter 119. of the Revised Code, specifying the manner in which	44362
the fee assessed pursuant to division (F) of this section shall be	44363
collected and remitted monthly to the board. The board shall pay	44364
the fees into the state treasury to the credit of the ~~labor~~	44365
industrial compliance operating fund created in section 121.084 of	44366
the Revised Code.	44367

(2) All money credited to the ~~labor~~industrial compliance	44368
operating fund under this division shall be used exclusively for	44369
the following:	44370

(a) Operating costs of the board;

44371

(b) Providing services, including educational programs, for	44372
the building departments that are certified by the board pursuant	44373
to division (E) of section 3781.10 of the Revised Code;	44374

(c) Paying the expenses of the residential construction	44375
advisory committee, including the expenses of committee members as	44376
provided in section 4740.14 of the Revised Code.	44377

(H) A board of county commissioners that adopts rules	44378
providing for the licensing of electrical and heating,	44379
ventilating, and air conditioning contractors, pursuant to	44380
division (B) of this section, may accept, for purposes of	44381
satisfying the requirements of rules adopted under that division,	44382
a valid and unexpired license issued pursuant to Chapter 4740. of	44383
the Revised Code that is held by an electrical or heating,	44384
ventilating, and air conditioning contractor, for the	44385
construction, replacement, maintenance, or repair of one-family,	44386
two-family, or three-family dwelling houses or accessory	44387
structures incidental to those dwelling houses.	44388

(I) A board of county commissioners shall not register a	44389
specialty contractor who is required to hold a license under	44390
Chapter 4740. of the Revised Code but does not hold a valid	44391
license issued under that chapter.	44392

(J) As used in this section, "specialty contractor" means a	44393
heating, ventilating, and air conditioning contractor,	44394
refrigeration contractor, electrical contractor, plumbing	44395
contractor, or hydronics contractor, as those contractors are	44396
described in Chapter 4740. of the Revised Code.	44397

Sec. 3781.11. (A) The rules of the board of building	44398
standards shall:	44399

(1) For nonresidential buildings, provide uniform minimum	44400
standards and requirements, and for residential buildings, provide	44401
standards and requirements that are uniform throughout the state,	44402
for construction and construction materials, including	44403
construction of industrialized units, to make residential and	44404
nonresidential buildings safe and sanitary as defined in section	44405
3781.06 of the Revised Code;	44406

(2) Formulate such standards and requirements, so far as may	44407
be practicable, in terms of performance objectives, so as to make	44408
adequate performance for the use intended the test of	44409
acceptability;	44410

(3) Permit, to the fullest extent feasible, the use of	44411
materials and technical methods, devices, and improvements,	44412
including the use of industrialized units which tend to reduce the	44413
cost of construction and erection without affecting minimum	44414
requirements for the health, safety, and security of the occupants	44415
or users of buildings or industrialized units and without	44416
preferential treatment of types or classes of materials or	44417
products or methods of construction;	44418

(4) Encourage, so far as may be practicable, the	44419
standardization of construction practices, methods, equipment,	44420
material, and techniques, including methods employed to produce	44421
industrialized units;	44422

(5) Not require any alteration or repair of any part of a	44423
school building owned by a chartered nonpublic school or a city,	44424
local, exempted village, or joint vocational school district and	44425
operated in conjunction with any primary or secondary school	44426
program that is not being altered or repaired if all of the	44427
following apply:	44428

(a) The school building meets all of the applicable building	44429
code requirements in existence at the time of the construction of	44430
the building.	44431

(b) The school building otherwise satisfies the requirements	44432
of section 3781.06 of the Revised Code.	44433

(c) The part of the school building altered or repaired	44434
conforms to all rules of the board existing on the date of the	44435
repair or alteration.	44436

(6) Not require any alteration or repair to any part of a	44437
workshop or factory that is not otherwise being altered, repaired,	44438
or added to if all of the following apply:	44439

(a) The workshop or factory otherwise satisfies the	44440
requirements of section 3781.06 of the Revised Code.	44441

(b) The part of the workshop or factory altered, repaired, or	44442
added conforms to all rules of the board existing on the date of	44443
plan approval of the repair, alteration, or addition.	44444

(B) The rules of the board shall supersede and govern any	44445
order, standard, or rule of the division of ~~labor~~industrial	44446
compliance in the department of commerce, division of the state	44447
fire marshal, the department of health, and of counties and	44448
townships, in all cases where such orders, standards, or rules are	44449
in conflict with the rules of the board, except that rules adopted	44450
and orders issued by the state fire marshal pursuant to Chapter	44451
3743. of the Revised Code prevail in the event of a conflict.	44452

(C) The construction, alteration, erection, and repair of	44453
buildings including industrialized units, and the materials and	44454
devices of any kind used in connection with them and the heating	44455
and ventilating of them and the plumbing and electric wiring in	44456
them shall conform to the statutes of this state or the rules	44457
adopted and promulgated by the board, and to provisions of local	44458
ordinances not inconsistent therewith. Any building, structure, or	44459
part thereof, constructed, erected, altered, manufactured, or	44460
repaired not in accordance with the statutes of this state or with	44461
the rules of the board, and any building, structure, or part	44462
thereof in which there is installed, altered, or repaired any	44463
fixture, device, and material, or plumbing, heating, or	44464
ventilating system, or electric wiring not in accordance with such	44465
statutes or rules is a public nuisance.	44466

(D) As used in this section:

44467

(1) "Nonpublic school" means a chartered school for which	44468
minimum standards are prescribed by the state board of education	44469
pursuant to division (D) of section 3301.07 of the Revised Code.	44470

(2) "Workshop or factory" includes manufacturing, mechanical,	44471
electrical, mercantile, art, and laundering establishments,	44472
printing, telegraph, and telephone offices, railroad depots, and	44473
memorial buildings, but does not include hotels and tenement and	44474
apartment houses.	44475

Sec. 3781.112. (A) As used in this section, "secured	44476
facility" means any of the following:	44477

(1) A maternity ~~boardinghouse or lying-in hospital~~unit,	44478
newborn care nursery, or maternity home licensed under ~~section~~	44479
~~3711.02~~Chapter 3711. of the Revised Code;	44480

(2) A pediatric intensive care unit subject to rules adopted	44481
by the director of health pursuant to section 3702.11 of the	44482
Revised Code;	44483

(3) A children's hospital, as defined in section ~~3702.51~~	44484
3727.01 of the Revised Code;	44485

(4) A hospital that is licensed under section 5119.20 of the	44486
Revised Code to receive mentally ill persons;	44487

(5) The portion of a nursing home licensed under section	44488
3721.02 of the Revised Code or in accordance with section 3721.09	44489
of the Revised Code in which specialized care is provided to	44490
residents of the nursing home who have physical or mental	44491
conditions that require a resident to be restricted in the	44492
resident's freedom of movement for the health and safety of the	44493
resident, the staff attending the resident, or the general public.	44494

(B) A secured facility may take reasonable steps in	44495
accordance with rules the board of building standards adopts under	44496
division (A) of section 3781.10 of the Revised Code and in	44497
accordance with the state fire code the fire marshal adopts under	44498
section 3737.82 of the Revised Code, to deny egress to confine and	44499
protect patients or residents of the secured facility who are not	44500
capable of self-preservation. A secured facility that wishes to	44501
deny egress to those patients or residents may use delayed-egress	44502
doors and electronically coded doors to deny egress, on the	44503
condition that those doors are installed and used in accordance	44504
with rules the board of building standards adopts under division	44505
(A) of section 3781.10 of the Revised Code and in accordance with	44506
the state fire code the fire marshal adopts under section 3737.82	44507
of the Revised Code. A secured facility also may install	44508
controlled-egress locks, in compliance with rules the board of	44509
building standards adopts under division (A) section 3781.10 of	44510
the Revised Code and in compliance with the state fire code the	44511
fire marshal adopts under section 3737.82 of the Revised Code, in	44512
areas of the secured facility where patients or residents who have	44513
physical or mental conditions that would endanger the patients or	44514
residents, the staff attending the patients or residents, or the	44515
general public if those patients or residents are not restricted	44516
in their freedom of movement. A secured facility that uses	44517
delayed-egress doors and electronically coded doors,	44518
controlled-egress locks, or both, shall do both of the following:	44519

(1) Provide continuous, twenty-four-hour custodial care to	44520
the patients or residents of the facility;	44521

(2) Establish a system to evacuate patients or residents in	44522
the event of fire or other emergency.	44523

Sec. 3783.05. The board of building standards, in accordance	44524
with Chapters 119., 3781., and 3791. of the Revised Code, shall	44525
adopt, amend, or repeal such rules as may be reasonably necessary	44526
to administer this chapter. All fees collected by the board	44527
pursuant to this chapter shall be paid into the state treasury to	44528
the credit of the ~~labor~~industrial compliance operating fund	44529
created in section 121.084 of the Revised Code.	44530

Sec. 3791.02. No owner, or person having the control as an	44531
officer or member of a board or committee or otherwise of any	44532
opera house, hall, theater, church, schoolhouse, college, academy,	44533
seminary, infirmary, sanitarium, children's home, hospital,	44534
medical institute, asylum, memorial building, armory, assembly	44535
hall, or other building for the assemblage or betterment of people	44536
shall fail to obey any order of the state fire marshal, boards of	44537
health of city and general health districts, the building	44538
inspector or commissioner in cities having a building inspection	44539
department, or the superintendent of ~~labor~~industrial compliance	44540
in the department of commerce under Chapters 3781. and 3791. of	44541
the Revised Code or rules or regulations adopted pursuant thereto.	44542

Whoever violates this section shall be fined not more than	44543
one thousand dollars.	44544

Sec. 3791.04. (A)(1) Before beginning the construction,	44545
erection, or manufacture of any building to which section 3781.06	44546
of the Revised Code applies, including all industrialized units,	44547
the owner of that building, in addition to any other submission	44548
required by law, shall submit plans or drawings, specifications,	44549
and data prepared for the construction, erection, equipment,	44550
alteration, or addition that indicate the portions that have been	44551
approved pursuant to section 3781.12 of the Revised Code and for	44552
which no further approval is required, to the municipal, township,	44553
or county building department having jurisdiction unless one of	44554
the following applies:	44555

(a) If no municipal, township, or county building department	44556
certified for nonresidential buildings pursuant to division (E) of	44557
section 3781.10 of the Revised Code has jurisdiction, the owner	44558
shall make the submissions described in division (A)(1) of this	44559
section to the superintendent of ~~labor~~industrial compliance.	44560

(b) If no certified municipal, township, or county building	44561
department certified for residential buildings pursuant to	44562
division (E) of section 3781.10 of the Revised Code has	44563
jurisdiction, the owner is not required to make the submissions	44564
described in division (A)(1) of this section.	44565

(2)(a) The seal of an architect registered under Chapter	44566
4703. of the Revised Code or an engineer registered under Chapter	44567
4733. of the Revised Code is required for any plans, drawings,	44568
specifications, or data submitted for approval, unless the plans,	44569
drawings, specifications, or data are permitted to be prepared by	44570
persons other than registered architects pursuant to division (C)	44571
or (D) of section 4703.18 of the Revised Code, or by persons other	44572
than registered engineers pursuant to division (C) or (D) of	44573
section 4733.18 of the Revised Code.	44574

(b) No seal is required for any plans, drawings,	44575
specifications, or data submitted for approval for any residential	44576
buildings, as defined in section 3781.06 of the Revised Code, or	44577
erected as industrialized one-, two-, or three-family units or	44578
structures within the meaning of "industrialized unit" as defined	44579
in section 3781.06 of the Revised Code.	44580

(c) No seal is required for approval of the installation of	44581
replacement equipment or systems that are similar in type or	44582
capacity to the equipment or systems being replaced. No seal is	44583
required for approval for any new construction, improvement,	44584
alteration, repair, painting, decorating, or other modification of	44585
any buildings or structures subject to sections 3781.06 to 3781.18	44586
and 3791.04 of the Revised Code if the proposed work does not	44587
involve technical design analysis, as defined by rule adopted by	44588
the board of building standards.	44589

(B) No owner shall proceed with the construction, erection,	44590
alteration, or equipment of any building until the plans or	44591
drawings, specifications, and data have been approved as this	44592
section requires, or the industrialized unit inspected at the	44593
point of origin. No plans or specifications shall be approved or	44594
inspection approval given unless the building represented would,	44595
if constructed, repaired, erected, or equipped, comply with	44596
Chapters 3781. and 3791. of the Revised Code and any rule made	44597
under those chapters.	44598

(C) The approval of plans or drawings and specifications or	44599
data pursuant to this section is invalid if construction,	44600
erection, alteration, or other work upon the building has not	44601
commenced within twelve months of the approval of the plans or	44602
drawings and specifications. One extension shall be granted for an	44603
additional twelve-month period if the owner requests at least ten	44604
days in advance of the expiration of the permit and upon payment	44605
of a fee not to exceed one hundred dollars. If in the course of	44606
construction, work is delayed or suspended for more than six	44607
months, the approval of plans or drawings and specifications or	44608
data is invalid. Two extensions shall be granted for six months	44609
each if the owner requests at least ten days in advance of the	44610
expiration of the permit and upon payment of a fee for each	44611
extension of not more than one hundred dollars. Before any work	44612
may continue on the construction, erection, alteration, or	44613
equipment of any building for which the approval is invalid, the	44614
owner of the building shall resubmit the plans or drawings and	44615
specifications for approval pursuant to this section.	44616

(D) Subject to section 3791.042 of the Revised Code, the	44617
board of building standards or the legislative authority of a	44618
municipal corporation, township, or county, by rule, may regulate	44619
the requirements for the submission of plans and specifications to	44620
the respective enforcing departments and for processing by those	44621
departments. The board of building standards or the legislative	44622
authority of a municipal corporation, township, or county may	44623
adopt rules to provide for the approval, subject to section	44624
3791.042 of the Revised Code, by the department having	44625
jurisdiction of the plans for construction of a foundation or any	44626
other part of a building or structure before the complete plans	44627
and specifications for the entire building or structure are	44628
submitted. When any plans are approved by the department having	44629
jurisdiction, the structure and every particular represented by	44630
and disclosed in those plans shall, in the absence of fraud or a	44631
serious safety or sanitation hazard, be conclusively presumed to	44632
comply with Chapters 3781. and 3791. of the Revised Code and any	44633
rule issued pursuant to those chapters, if constructed, altered,	44634
or repaired in accordance with those plans and any rule in effect	44635
at the time of approval.	44636

(E) The approval of plans and specifications, including	44637
inspection of industrialized units, under this section is a	44638
"license" and the failure to approve plans or specifications as	44639
submitted or to inspect the unit at the point of origin within	44640
thirty days after the plans or specifications are filed or the	44641
request to inspect the industrialized unit is made, the	44642
disapproval of plans and specifications, or the refusal to approve	44643
an industrialized unit following inspection at the point of origin	44644
is "an adjudication order denying the issuance of a license"	44645
requiring an "adjudication hearing" as provided by sections 119.07	44646
to 119.13 of the Revised Code and as modified by sections 3781.031	44647
and 3781.19 of the Revised Code. An adjudication order denying the	44648
issuance of a license shall specify the reasons for that denial.	44649

(F) The board of building standards shall not require the	44650
submission of site preparation plans or plot plans to the division	44651
of ~~labor~~industrial compliance when industrialized units are used	44652
exclusively as one-, two-, or three-family dwellings.	44653

(G) Notwithstanding any procedures the board establishes, if	44654
the agency having jurisdiction objects to any portion of the plans	44655
or specifications, the owner or the owner's representative may	44656
request the agency to issue conditional approval to proceed with	44657
construction up to the point of the objection. Approval shall be	44658
issued only when the objection results from conflicting	44659
interpretations of the rules of the board of building standards	44660
rather than the application of specific technical requirements of	44661
the rules. Approval shall not be issued where the correction of	44662
the objection would cause extensive changes in the building design	44663
or construction. The giving of conditional approval is a	44664
"conditional license" to proceed with construction up to the point	44665
where the construction or materials objected to by the agency are	44666
to be incorporated into the building. No construction shall	44667
proceed beyond that point without the prior approval of the agency	44668
or another agency that conducts an adjudication hearing relative	44669
to the objection. The agency having jurisdiction shall specify its	44670
objections to the plans or specifications, which is an	44671
"adjudication order denying the issuance of a license" and may be	44672
appealed pursuant to sections 119.07 to 119.13 of the Revised Code	44673
and as modified by sections 3781.031 and 3781.19 of the Revised	44674
Code.	44675

(H) A certified municipal, township, or county building	44676
department having jurisdiction, or the superintendent, as	44677
appropriate, shall review any plans, drawings, specifications, or	44678
data described in this section that are submitted to it or to the	44679
superintendent.	44680

(I) No owner or persons having control as an officer, or as a	44681
member of a board or committee, or otherwise, of a building to	44682
which section 3781.06 of the Revised Code is applicable, and no	44683
architect, designer, engineer, builder, contractor, subcontractor,	44684
or any officer or employee of a municipal, township, or county	44685
building department shall violate this section.	44686

(J) Whoever violates this section shall be fined not more	44687
than five hundred dollars.	44688

Sec. 3791.05. No owner, lessee, agent, factor, architect, or	44689
contractor engaged in and having supervision or charge of the	44690
building, erection, or construction of a block, building, or	44691
structure, shall neglect or refuse to place or have placed upon	44692
the joists of each story thereof, as soon as joists are in	44693
position, counter floors of such quality and strength as to render	44694
perfectly safe the going to and from thereon of all mechanics,	44695
laborers, and other persons engaged upon the work of construction	44696
or supervision, or in placing materials for such construction.	44697

Whoever violates this section shall be fined not less than	44698
twenty-five nor more than two hundred dollars.	44699

Each day that such person neglects or refuses to have such	44700
counter floors so placed, after notice is given by a building	44701
inspector, a chief inspector, or deputy inspector of the city	44702
building inspection department in cities where such department is	44703
organized, or by the superintendent of ~~labor~~industrial compliance	44704
of the state, in cities where such departments are not organized,	44705
or from a person whose life or personal safety may be endangered	44706
by such neglect or refusal, is a separate offense.	44707

Sec. 3791.07. (A) The board of building standards may	44708
establish such reasonable inspection fee schedules as it	44709
determines necessary or desirable relating to the inspection of	44710
all plans and specifications submitted for approval to the	44711
division of ~~labor~~industrial compliance, and all industrialized	44712
units inspected at the point of origin and at the construction	44713
site of the building. The inspection fee schedule established	44714
shall bear some reasonable relationship to the cost of	44715
administering and enforcing the provisions of Chapters 3781. and	44716
3791. of the Revised Code.	44717

(B) In addition to the fee assessed in division (A) of this	44718
section, the board shall assess a fee of not more than five	44719
dollars for each application for acceptance and approval of plans	44720
and specifications and for making inspections pursuant to section	44721
3791.04 of the Revised Code. The board shall adopt rules, in	44722
accordance with Chapter 119. of the Revised Code, specifying the	44723
manner by which the superintendent of ~~labor~~industrial compliance	44724
shall collect and remit to the board the fees assessed under this	44725
division and requiring that remittance of the fees be made at	44726
least quarterly.	44727

(C) Any person who fails to pay an inspection fee required	44728
for any inspection conducted by the department of commerce	44729
pursuant to Chapters 3781. and 3791. of the Revised Code, except	44730
for fees charged for the inspection of plans and specifications,	44731
within forty-five days after the inspection is conducted, shall	44732
pay a late payment fee equal to twenty-five per cent of the	44733
inspection fee.	44734

(D) The board shall pay the fees assessed under this section	44735
into the state treasury to the credit of the ~~labor~~industrial	44736
compliance operating fund created in section 121.084 of the	44737
Revised Code.	44738

Sec. 3791.11. (A) As used in this section and sections	44739
3791.12 and 3791.13 of the Revised Code:	44740

(1) "Service station" means any facility designed and	44741
constructed primarily for use in the retail sale of gasoline,	44742
other petroleum products, and related accessories; except that	44743
"service station" does not include any such facility that has been	44744
converted for use for another bona fide business purpose, on and	44745
after the date of commencement of such other use.	44746

(2) "Abandoned service station" means any service station	44747
that has not been used for the retail sale of gasoline, other	44748
petroleum products, and related accessories for a continuous	44749
period of six months, whenever failure to reasonably secure	44750
station buildings from ready access by unauthorized persons and to	44751
reasonably maintain the station's premises has resulted in	44752
conditions that endanger the public health, welfare, safety, or	44753
morals; provided, that such conditions include, but are not	44754
limited to, the presence of defective or deteriorated electrical	44755
wiring, heating apparatus, and gas connections, or of unprotected	44756
gasoline storage tanks, piping, and valves, or any combination of	44757
the foregoing; and provided further that the casual and	44758
intermittent use of a service station for the retail sale of any	44759
item described in division (A)(1) of this section during such	44760
six-month period shall not be held to prevent the station from	44761
being determined an abandoned service station if it meets the	44762
other qualifications of this division.	44763

(B) No person shall construct, renew operation of, or	44764
continue operation of a service station unless, prior to the	44765
commencement of construction or renewed operation and during the	44766
period of continued operation, a valid bond is on file as provided	44767
in division (C) ~~or (D)~~ of this section. The bond shall be obtained	44768
by the owner of the property if hethe owner is also the owner of	44769
the service station. If the owner of the property is not the owner	44770
of the service station, then the bond shall be obtained by the	44771
lessee of the property; except that such lessee shall be other	44772
than any person who leases and operates the service station	44773
pursuant to a contract with a supplier of gasoline and petroleum	44774
products. The bond shall identify and list the name and address of	44775
the property owner and any lessee other than a person who leases	44776
and operates the service station pursuant to a contract with a	44777
supplier of gasoline and petroleum products.	44778

(C) The bond required by division (B) of this section shall	44779
be filed annually with the executive authority of the municipal	44780
corporation in which the service station is, or is to be, located,	44781
or with the clerk of the board of county commissioners if the	44782
service station is not, or is not to be, located within a	44783
municipal corporation. The bond shall either be a cash bond or	44784
have sufficient sureties approved by the executive authority or	44785
clerk with whom it is filed. The bond shall be for a term of one	44786
year and shall be renewed annually. The bond shall be in the	44787
amount of three thousand dollars for each service station to	44788
provide for the repair or removal of the service station and its	44789
appurtenances and restoration of the property. The bond shall be	44790
conditioned upon the repair or removal of the service station and	44791
restoration of the property if the service station is determined	44792
to be an abandoned service station as provided in section 3791.12	44793
of the Revised Code. If the service station is determined to be an	44794
abandoned service station, and division (D) or (F) of section	44795
3791.12 of the Revised Code applies, the bond shall be forfeited	44796
and the proceeds applied to the costs of repair or removal and	44797
restoration as provided in section 3791.13 of the Revised Code. If	44798
the amount of the bond exceeds the costs of repair or removal and	44799
restoration, the excess shall be returned to the depositor.	44800

~~(D) Whenever a property owner or lessee, other than a person~~	44801
~~leasing and operating a service station pursuant to a contract~~	44802
~~with a supplier of gasoline and other petroleum products, owns,~~	44803
~~leases, or is constructing two or more service stations in this~~	44804
~~state, such owner or lessee may deposit with the treasurer of~~	44805
~~state, in lieu of the bond required by division (C) of this~~	44806
~~section, money or a surety bond approved by the treasurer in the~~	44807
~~amount of one hundred fifty thousand dollars, or bonds of the~~	44808
~~United States, this state, or of a political subdivision of this~~	44809
~~state, having a market value, as determined by the treasurer, of~~	44810
~~one hundred fifty thousand dollars. The bond or deposit shall~~	44811
~~cover all service stations owned in the state, being constructed,~~	44812
~~leased, or operated by the depositor and shall be conditioned upon~~	44813
~~the repair or removal of any such station and its appurtenances~~	44814
~~and restoration of the property, if the station is determined to~~	44815
~~be an abandoned service station as provided in section 3791.12 of~~	44816
~~the Revised Code. If any such service station is determined to be~~	44817
~~an abandoned service station, and division (D) or (F) of section~~	44818
~~3791.12 of the Revised Code applies, the portion of the bond or~~	44819
~~deposit required to pay the costs of repair or removal and~~	44820
~~restoration shall be forfeited and paid to the executive authority~~	44821
~~of the municipal corporation or to the board of county~~	44822
~~commissioners of the county, upon request therefor. If the surety~~	44823
~~refuses to pay the costs of repair or removal and restoration to~~	44824
~~the treasurer, the treasurer shall forthwith file an action on the~~	44825
~~bond in the amount certified by the executive authority or board~~	44826
~~as the costs of repair or removal and restoration, and shall pay~~	44827
~~to the executive authority or board the proceeds of any judgment.~~	44828
~~A bond or deposit shall remain valid as long as it is sufficient~~	44829
~~to cover one hundred thousand dollars of liability. If the bond or~~	44830
~~deposit is reduced to a lesser amount, it shall be invalid unless~~	44831
~~sufficient additional bond or deposit is provided to restore the~~	44832
~~amount of liability covered to one hundred fifty thousand dollars.~~	44833

Sec. 3791.12. (A) The executive authority of each municipal	44834
corporation and the board of county commissioners of each county	44835
shall designate a suitable person to make inspections, within	44836
their respective territorial jurisdictions, of any service	44837
stations that are, or appear to be, no longer in use for the	44838
purposes described in division (A)(1) of section 3791.11 of the	44839
Revised Code, or for any other bona fide business purpose.	44840
Inspections of service stations under this section shall be made	44841
at the order of the executive authority or board, or upon the	44842
complaint of any person claiming to be adversely affected by the	44843
condition of a service station. Any inspector designated under	44844
this section shall have the right to enter upon and inspect any	44845
service station that is, or appears to be, no longer in use as	44846
described in this section. No inspector, while in the lawful	44847
pursuit of ~~his~~official duties for such purpose, shall be subject	44848
to arrest for trespass while so engaged or for such cause	44849
thereafter.	44850

(B) Whenever an inspector, upon inspecting a service station	44851
as provided in this section, has reasonable cause to believe that	44852
it qualifies as an abandoned service station, hethe inspector	44853
shall prepare a written report of the condition of the station's	44854
buildings and premises. The report shall be filed immediately with	44855
the executive authority or board. Upon receipt of the report, the	44856
executive authority or board shall fix a place and time, not less	44857
than thirty days nor more than sixty days after receipt of the	44858
report, for a hearing to determine whether the service station is	44859
an abandoned service station. The executive authority or board	44860
shall send written notice of the place and date of the hearing,	44861
together with a copy of the inspector's report and information	44862
that the service station may be ordered repaired or removed if	44863
determined to be abandoned, to all persons listed in the bond	44864
filed under division (C) ~~or (D)~~ of section 3791.11 of the Revised	44865
Code, and to all persons listed in the records of the county	44866
recorder or county clerk of courts as holding a lien on the	44867
affected property. Such notice shall be sent by certified mail to	44868
the address shown on such records.	44869

(C) In hearing the matter and deciding the issue, the	44870
executive authority or board shall consider the testimony of any	44871
persons appearing pursuant to the notice, or their authorized	44872
representatives, the testimony of any witnesses appearing on	44873
behalf of such persons, the inspector's report or testimony, or	44874
both, and any other evidence pertinent to the matter. If the	44875
executive authority or board thereupon determines that the service	44876
station is an abandoned service station in such condition as to	44877
constitute a danger to the public health, welfare, safety, or	44878
morals, it shall order the satisfactory repair, or removal, of the	44879
service station and its appurtenances, and restoration of the	44880
property, within such period of time, not less than thirty days,	44881
as the executive authority or board thereupon determines	44882
reasonable. Notice of the findings and order shall be sent to all	44883
persons required to be notified by division (B) of this section in	44884
the same manner as provided in that division.	44885

(D) If an abandoned service station is not satisfactorily	44886
repaired or removed within the period of time provided in an order	44887
made under division (C) of this section, the municipal corporation	44888
or county may enter the land and complete the repair, if repair	44889
was ordered, or remove the service station and its appurtenances,	44890
if removal was ordered, and restore the property.	44891

(E) Any person aggrieved by an order of an executive	44892
authority or board made under division (C) of this section, may	44893
appeal as provided in Chapter 2506. of the Revised Code within	44894
thirty days of the mailing of notice of the order.	44895

(F) In the event that no persons notified as provided in	44896
division (B) of this section, or their authorized representatives,	44897
appear at the hearing, respond to an order of the executive	44898
authority or board, or appeal within thirty days of the mailing of	44899
notice of the order as provided in division (E) of this section,	44900
the municipal corporation or county may proceed as provided in	44901
division (D) of this section.	44902

Sec. 3793.04. The department of alcohol and drug addiction	44903
services shall develop, administer, and revise as necessary a	44904
comprehensive statewide alcohol and drug addiction services plan	44905
for the implementation of this chapter. The plan shall emphasize	44906
abstinence from the use of alcohol and drugs of abuse as the	44907
primary goal of alcohol and drug addiction services. The council	44908
on alcohol ~~and~~, drug, and gambling addiction services shall advise	44909
the department in the development and implementation of the plan.	44910

The plan shall provide for the allocation and distribution of	44911
funds appropriated to the department by the general assembly for	44912
services furnished by alcohol and drug addiction programs under	44913
contract with boards of alcohol, drug addiction, and mental health	44914
services. The department shall exclude from the allocation and	44915
distribution any funds that are transferred to the department of	44916
job and family services to pay the nonfederal share of alcohol and	44917
drug addiction services covered by the medicaid program.	44918

The plan shall specify the methodology that the department	44919
will use for determining how the funds will be allocated and	44920
distributed. A portion of the funds shall be allocated on the	44921
basis of the ratio of the population of each alcohol, drug	44922
addiction, and mental health service district to the total	44923
population of the state as determined from the most recent federal	44924
census or the most recent official estimate made by the United	44925
States census bureau.	44926

The plan shall ensure that alcohol and drug addiction	44927
services of a high quality are accessible to, and responsive to	44928
the needs of, all persons, especially those who are members of	44929
underserved groups, including, but not limited to, African	44930
Americans, Hispanics, native Americans, Asians, juvenile and adult	44931
offenders, women, veterans, and persons with special services	44932
needs due to age or disability. The plan shall include a program	44933
to promote and protect the rights of those who receive services.	44934

To aid in formulating the plan and in evaluating the	44935
effectiveness and results of alcohol and drug addiction services,	44936
the department, in consultation with the department of mental	44937
health, shall establish and maintain an information system or	44938
systems. The department of alcohol and drug addiction services	44939
shall specify the information that must be provided by boards of	44940
alcohol, drug addiction, and mental health services and by alcohol	44941
and drug addiction programs for inclusion in the system. The	44942
department shall not collect any personal information from the	44943
boards except as required or permitted by state or federal law for	44944
purposes related to payment, health care operations, program and	44945
service evaluation, reporting activities, research, system	44946
administration, and oversight.	44947

In consultation with boards, programs, and persons receiving	44948
services, the department shall establish guidelines for the use of	44949
funds allocated and distributed under this section and for the	44950
boards' development of plans for services required by sections	44951
340.033 and 3793.05 of the Revised Code.	44952

In any fiscal year, the department shall spend, or allocate	44953
to boards, for methadone maintenance programs or any similar	44954
programs not more than eight per cent of the total amount	44955
appropriated to the department for the fiscal year.	44956

Sec. 3793.041. The department of alcohol and drug addiction	44957
services shall develop, administer, and revise as necessary a	44958
comprehensive statewide gambling addiction services plan. The	44959
council on alcohol, drug, and gambling addiction services shall	44960
advise the department in the development and implementation of the	44961
plan.	44962

The plan shall provide for allocation and distribution of	44963
funds from the problem casino gambling and addictions fund	44964
described in Section 6(C)(3)(g) of Article XV, Ohio Constitution,	44965
and any funding to be distributed by the department for problem	44966
gambling.	44967

The plan shall specify the methodology that the department	44968
will use for determining how the funds will be allocated and	44969
distributed. A portion of the funds shall be allocated on the	44970
basis of the ratio of the population of each alcohol, drug	44971
addiction, and mental health service district to the total	44972
population of the state as determined from the most recent federal	44973
census or the most recent official estimate made by the United	44974
States census bureau.	44975

The plan shall ensure that gambling addiction services of a	44976
high quality are accessible to, and responsive to the needs of,	44977
all persons, especially those who are members of underserved	44978
groups, including, but not limited to, African Americans,	44979
Hispanics, native Americans, Asians, juvenile and adult offenders,	44980
women, veterans, and persons with special services needs due to	44981
age or disability. The plan shall include a program to promote and	44982
protect the rights of those who receive services.	44983

To aid in formulating the plan and in evaluating the	44984
effectiveness and results of gambling addiction services, the	44985
department, in consultation with the department of mental health,	44986
shall establish and maintain an information system or systems. The	44987
department of alcohol and drug addiction services shall specify	44988
the information that must be provided by boards of alcohol, drug	44989
addiction, and mental health services and by gambling addiction	44990
programs for inclusion in the system. The department shall not	44991
collect any personal information from the boards except as	44992
required or permitted by state or federal law for purposes related	44993
to payment, health care operations, program and service	44994
evaluation, reporting activities, research, system administration,	44995
and oversight.	44996

In consultation with boards, programs, and persons receiving	44997
services, the department shall establish guidelines for the use of	44998
funds allocated and distributed under this section.	44999

Sec. 3793.09. (A) There is hereby created the council on	45000
alcohol ~~and~~, drug, and gambling addiction services which shall	45001
consist of the public officials specified in division (B) of this	45002
section, or their designees, and ~~thirteen~~fourteen members	45003
appointed by the governor with the advice and consent of the	45004
senate. The members appointed by the governor shall be	45005
representatives of the following: boards of alcohol, drug	45006
addiction, and mental health services; the criminal and juvenile	45007
justice systems; ~~and~~ alcohol and drug addiction programs; and	45008
gambling addiction programs. At least four of the appointed	45009
members shall be persons who have received or are receiving	45010
alcohol or drug addiction services or are parents or other	45011
relatives of such persons; of these at least two shall be women	45012
and at least one shall be a member of a minority ~~group.~~	45013

~~The governor shall make initial appointments to the council~~	45014
~~not later than thirty days after October 10, 1989. Of the initial~~	45015
~~appointments, six shall be for terms ending July 31, 1991, and~~	45016
~~seven shall be for terms ending July 31, 1992. Thereafter, terms~~	45017
group. At least one appointed member shall be an individual who	45018
has received or is receiving gambling addiction services.	45019

Terms of office shall be two years, with each term ending on	45020
the same day of the same month as the term it succeeds. Each	45021
member shall hold office from the date of the member's appointment	45022
until the end of the term for which the member was appointed.	45023
Members may be reappointed. Vacancies shall be filled in the same	45024
manner as original appointments. Any member appointed to fill a	45025
vacancy occurring prior to the expiration of the term for which	45026
the member's predecessor was appointed shall hold office as a	45027
member for the remainder of the term. A member shall continue in	45028
office subsequent to the expiration of the member's term until the	45029
member's successor takes office or until a period of sixty days	45030
has elapsed, whichever occurs first.	45031

(B) The directors of health, public safety, mental health,	45032
rehabilitation and correction, and youth services; the	45033
superintendents of public instruction and liquor control; the	45034
attorney general; the adjutant general; ~~and~~ the executive director	45035
of the division of criminal justice services in the department of	45036
public safety; the executive director of the casino control	45037
commission; the executive director of the lottery commission; and	45038
the executive director of the state racing commission shall be	45039
voting members of the council, except that any of these officials	45040
may designate an individual to serve in the official's place as a	45041
voting member of the council. The director of alcohol and drug	45042
addiction services shall serve as a nonvoting member of the	45043
council.	45044

(C) The governor shall annually appoint a chairperson from	45045
among the members of the council. The council shall meet quarterly	45046
and at other times the chairperson considers necessary. In	45047
addition to other duties specified in this chapter, the council	45048
shall review the development of the comprehensive statewide plan	45049
for alcohol and drug addiction services, the comprehensive	45050
statewide plan for gambling addiction services, revisions of ~~the~~	45051
~~plan~~those plans, and other actions taken to implement the	45052
purposes of this chapter by the department of alcohol and drug	45053
addiction services and shall act as an advisory council to the	45054
director of alcohol and drug addiction services.	45055

(D) Members of the council shall serve without compensation,	45056
but shall be paid actual and necessary expenses incurred in the	45057
performance of their duties.	45058

Sec. 3798.01. As used in this chapter:

45059

(A) "Administrative safeguards," "physical safeguards," and	45060
"technical safeguards" have the same meanings as in 45 C.F.R.	45061
164.304.	45062

(B) "Approved health information exchange" means a health	45063
information exchange that has been approved or reapproved by the	45064
director of job and family services pursuant to the approval or	45065
reapproval process, as applicable, the director establishes in	45066
rules adopted under division (A) of section 3798.15 of the Revised	45067
Code or that has been certified by the office of the national	45068
coordinator for health information technology in the United States	45069
department of health and human services.	45070

(C) "Covered entity," "disclosure," "health care provider,"	45071
"health information," "individually identifiable health	45072
information," "protected health information," and "use" have the	45073
same meanings as in 45 C.F.R. 160.103.	45074

(D) "Designated record set" has the same meaning as in 45	45075
C.F.R. 164.501.	45076

(E) "Direct exchange" means the activity of electronic	45077
transmission of health information through a direct connection	45078
between the electronic record systems of health care providers	45079
without the use of a health information exchange.	45080

(F) "Health care component" and "hybrid entity" have the same	45081
meanings as in 45 C.F.R. 164.103.	45082

(G) "Health information exchange" means any person or	45083
governmental entity that provides in this state a technical	45084
infrastructure to connect computer systems or other electronic	45085
devices used by covered entities to facilitate the secure	45086
transmission of health information. "Health information exchange"	45087
excludes health care providers engaged in direct exchange,	45088
including direct exchange through the use of a health information	45089
service provider.	45090

(H) "HIPAA privacy rule" means the standards for privacy of	45091
individually identifiable health information in 45 C.F.R. part 160	45092
and in 45 C.F.R. part 164, subparts A and E.	45093

(I) "Interoperability" means the capacity of two or more	45094
information systems to exchange information in an accurate,	45095
effective, secure, and consistent manner.	45096

(J) "Minor" means an unemancipated person under eighteen	45097
years of age or a mentally or physically disabled person under	45098
twenty-one years of age who meets criteria specified in rules	45099
adopted by the director of job and family services under section	45100
3798.13 of the Revised Code.	45101

(K) "More stringent" has the same meaning as in 45 C.F.R.	45102
160.202.	45103

(L) "Office of health transformation" means the office of	45104
health transformation created by executive order 2011-02K or a	45105
successor governmental entity responsible for health system	45106
oversight in this state.	45107

(M) "Personal representative" means a person who has	45108
authority under applicable law to make decisions related to health	45109
care on behalf of an adult or emancipated minor, or the parent,	45110
legal guardian, or other person acting in loco parentis who is	45111
authorized under law to make health care decisions on behalf of an	45112
unemancipated minor. "Personal representative" does not include	45113
the parent or legal guardian of, or another person acting in loco	45114
parentis to, a minor who consents to the minor's own receipt of	45115
health care or a minor who makes medical decisions on the minor's	45116
own behalf pursuant to law, court approval, or because the minor's	45117
parent, legal guardian, or other person acting in loco parentis	45118
has assented to an agreement of confidentiality between the	45119
provider and the minor.	45120

(N) "Political subdivision" means a municipal corporation,	45121
township, county, school district, or other body corporate and	45122
politic responsible for governmental activities in a geographic	45123
area smaller than that of the state.	45124

(O) "State agency" means any one or more of the following:

45125

(1) The department of aging;

45126

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

45127

(3) The department of developmental disabilities;

45128

(4) The department of education;

45129

(5) The department of health;

45130

(6) The department of insurance;

45131

(7) The department of job and family services;

45132

(8) The department of mental health;

45133

(9) The department of rehabilitation and correction;

45134

(10) The department of youth services;

45135

(11) The bureau of workers' compensation;

45136

(12) The rehabilitation services commission;

45137

(13) The office of the attorney general;

45138

(14) A health care licensing board created under Title XLVII	45139
of the Revised Code that possesses individually identifiable	45140
health information.	45141

Sec. 3798.02. It is the intent of the general assembly in	45142
enacting this chapter to make the laws of this state governing the	45143
use and disclosure of protected health information by covered	45144
entities consistent with, but generally not more stringent than,	45145
the HIPAA privacy rule for the purpose of eliminating barriers to	45146
the adoption and use of electronic health records and health	45147
information exchanges. Therefore, it is also the general	45148
assembly's intent in enacting this chapter to supersede any	45149
judicial or administrative ruling issued in this state that is	45150
inconsistent with the provisions of this chapter.	45151

Sec. 3798.03. (A) Subject to division (B) of this section, a	45152
covered entity shall do both of the following:	45153

(1) If an individual's protected health information is	45154
maintained by the covered entity in a designated record set,	45155
provide the individual or the individual's personal representative	45156
with access to that information in a manner consistent with 45	45157
C.F.R. 164.524;	45158

(2) Implement and maintain appropriate administrative,	45159
technical, and physical safeguards to protect the privacy of	45160
protected health information in a manner consistent with 45 C.F.R.	45161
164.530(c).	45162

(B) If a covered entity is a hybrid entity, this section	45163
applies only to the health care component of the covered entity.	45164

Sec. 3798.04. A covered entity shall not do either of the	45165
following:	45166

(A) Use or disclose protected health information without an	45167
authorization that is valid under 45 C.F.R. 164.508 and, if	45168
applicable, 42 C.F.R. part 2, except when the use or disclosure is	45169
required or permitted without such authorization by Subchapter C	45170
of Subtitle A of Title 45 of the Code of Federal Regulations and,	45171
if applicable, 42 C.F.R. part 2;	45172

(B) Use or disclose protected health information in a manner	45173
that is not consistent with 45 C.F.R. 164.502.	45174

Sec. 3798.06. Except in the circumstances described in	45175
division (A) of section 3798.04 of the Revised Code when a covered	45176
entity is permitted to disclose protected health information	45177
without an authorization that is valid under 45 C.F.R. 164.508, a	45178
covered entity shall not disclose protected health information to	45179
a health information exchange without an authorization described	45180
in division (A) of section 3798.04 of the Revised Code unless all	45181
of the following are true:	45182

(A) The disclosure is to an approved health information	45183
exchange.	45184

(B) The covered entity is a party to a valid participation	45185
agreement with the approved health information exchange that meets	45186
the requirements of rules adopted under section 3798.16 of the	45187
Revised Code.	45188

(C) The disclosure is consistent with all procedures	45189
established by the approved health information exchange.	45190

(D) Prior to the disclosure, the covered entity furnishes to	45191
the individual or individual's personal representative a written	45192
notice that complies with rules adopted under division (A)(3) of	45193
section 3798.16 of the Revised Code.	45194

Sec. 3798.07. (A) In addition to a covered entity generally	45195
being subject to the conditions specified in divisions (A) to (D)	45196
of section 3798.06 of the Revised Code when the covered entity	45197
discloses protected health information to a health information	45198
exchange without a valid authorization, the covered entity shall	45199
also be subject to the following conditions when it discloses	45200
protected health information to a health information exchange:	45201

(1) The covered entity shall restrict disclosure consistent	45202
with all applicable federal laws governing the disclosure;	45203

(2) If the protected health information concerns a minor, the	45204
covered entity shall restrict disclosure in a manner that complies	45205
with laws of this state pertaining to the circumstances under	45206
which a minor may consent to the minor's own receipt of health	45207
care or make medical decisions on the minor's own behalf,	45208
including sections 2907.29, 3709.241, 3719.012, 5120.172, 5122.04,	45209
and 5126.043 of the Revised Code unless the minor authorizes the	45210
disclosure.	45211

(3) The covered entity shall restrict disclosure in a manner	45212
that is consistent with a written request from the individual or	45213
the individual's personal representative to restrict disclosure of	45214
all of the individual's protected health information.	45215

(4) The covered entity shall restrict disclosure in a manner	45216
that is consistent with a written request from the individual or	45217
the individual's personal representative concerning specific	45218
categories of protected health information to the extent that	45219
rules adopted pursuant to section 3798.16 of the Revised Code	45220
require the covered entity to comply with such a request.	45221

(B) The conditions in division (A) of this section on a	45222
covered entity's disclosure of protected health information to a	45223
health information exchange do not render unenforceable or	45224
restrict in any manner any of the following:	45225

(1) A provision of the Revised Code that on the effective	45226
date of this section requires a person or governmental entity to	45227
disclose protected health information to a state agency, political	45228
subdivision, or other governmental entity;	45229

(2) The confidential status of proceedings and records within	45230
the scope of a peer review committee of a health care entity as	45231
described in section 2305.252 of the Revised Code;	45232

(3) The confidential status of quality assurance program	45233
activities and quality assurance records as described in section	45234
5122.32 of the Revised Code;	45235

(4) The testimonial privilege established by division (B) of	45236
section 2317.02 of the Revised Code;	45237

(5) Any of the following items that govern the	45238
confidentiality, privacy, security, or privileged status of	45239
protected health information in the possession or custody of an	45240
agency as defined in section 111.15 of the Revised Code; govern	45241
the process for obtaining from a patient consent to the provision	45242
of health care or consent for participation in medical or other	45243
scientific research; govern the process for determining whether an	45244
adult has a physical or mental impairment or an adult's capacity	45245
to make health care decisions for purposes of Chapter 5126. of the	45246
Revised Code; or govern the process for determining whether a	45247
minor has been emancipated:	45248

(a) A section of the Revised Code that is not in this	45249
chapter;	45250

(b) A rule as defined in section 119.01 of the Revised Code;

45251

(c) An internal management rule as defined in section 111.15	45252
of the Revised Code;	45253

(d) Guidance issued by an agency as defined in section 111.15	45254
of the Revised Code;	45255

(e) Orders or regulations of a board of health of a city	45256
health district made under section 3709.20 of the Revised Code;	45257

(f) Orders or regulations of a board of health of a general	45258
health district made under section 3709.21 of the Revised Code;	45259

(g) An ordinance or resolution adopted by a political	45260
subdivision;	45261

(h) A professional code of ethics;

45262

(i) When a minor is authorized to consent to the minor's own	45263
receipt of health care or make medical decisions on the minor's	45264
own behalf, including the circumstances described in sections	45265
2907.29, 3709.241, 3719.012, 5120.172, 5122.04, and 5126.043 of	45266
the Revised Code.	45267

Sec. 3798.08. (A) A covered entity that accesses protected	45268
health information from or through an approved health information	45269
exchange or discloses protected health information to an approved	45270
health information exchange in a manner that complies with section	45271
3798.07 of the Revised Code and is not in violation of section	45272
3798.04 or 3798.06 of the Revised Code is not liable in a civil	45273
action and is not subject to criminal prosecution or professional	45274
disciplinary action arising out of or relating to the access or	45275
disclosure.	45276

(B) An approved health information exchange is not liable in	45277
a civil action and not subject to criminal prosecution arising out	45278
of or relating to either of the following:	45279

(1) A covered entity's having accessed protected health	45280
information from or through an approved health information	45281
exchange;	45282

(2) A covered entity's disclosure of protected health	45283
information to the approved health information exchange if the	45284
disclosure complies with section 3798.07 of the Revised Code and	45285
is not in violation of section 3798.04 or 3798.06 of the Revised	45286
Code.	45287

Sec. 3798.10. (A) Not later than six months after the	45288
effective date of this section, the director of job and family	45289
services, in consultation with the office of health	45290
transformation, shall prescribe by rules adopted in accordance	45291
with Chapter 119. of the Revised Code a standard authorization	45292
form for the use and disclosure of protected health information by	45293
covered entities in this state. The form shall meet all	45294
requirements specified in 45 C.F.R. 164.508 and, where applicable,	45295
42 C.F.R. part 2.	45296

(B) If a form the director prescribes under division (A) of	45297
this section is properly executed by an individual or the	45298
individual's personal representative, it shall be accepted by any	45299
person or governmental entity in this state as valid authorization	45300
for the use or disclosure of the individual's protected health	45301
information to the persons or governmental entities specified in	45302
the form.	45303

(C) This section does not preclude a person or governmental	45304
entity from accepting as valid authorization for the use or	45305
disclosure of protected health information a form other than the	45306
form prescribed under division (A) of this section if the other	45307
form meets all requirements specified in 45 C.F.R. 164.508 and, if	45308
applicable, 42 C.F.R. part 2.	45309

Sec. 3798.12. As used in this section, "agency" has the same	45310
meaning as in section 111.15 of the Revised Code.	45311

(A) Except as provided in division (B) of this section, any	45312
of the following pertaining to the confidentiality, privacy,	45313
security, or privileged status of protected health information	45314
transacted, maintained in, or accessed through a health	45315
information exchange is unenforceable if it conflicts with this	45316
chapter:	45317

(1) A section of the Revised Code that is not in this	45318
chapter;	45319

(2) A rule as defined in section 119.01 of the Revised Code;

45320

(3) An internal management rule as defined in section 111.15	45321
of the Revised Code;	45322

(4) Guidance issued by an agency;

45323

(5) Orders or regulations of a board of health of a city	45324
health district made under section 3709.20 of the Revised Code;	45325

(6) Orders or regulations of a board of health of a general	45326
health district made under section 3709.21 of the Revised Code;	45327

(7) An ordinance or resolution adopted by a political	45328
subdivision;	45329

(8) A professional code of ethics.

45330

(B) Division (A) of this section does not render	45331
unenforceable or restrict in any manner any of the following:	45332

(1) A provision of the Revised Code that on the effective	45333
date of this section requires a person or governmental entity to	45334
disclose protected health information to a state agency, political	45335
subdivision, or other governmental entity;	45336

(2) The confidential status of proceedings and records within	45337
the scope of a peer review committee of a health care entity as	45338
described in section 2305.252 of the Revised Code;	45339

(3) The confidential status of quality assurance program	45340
activities and quality assurance records as described in section	45341
5122.32 of the Revised Code;	45342

(4) The testimonial privilege established by division (B) of	45343
section 2317.02 of the Revised Code;	45344

(5) An item described in divisions (A)(1) to (8) of this	45345
section that governs any of the following:	45346

(a) The confidentiality, privacy, security, or privileged	45347
status of protected health information in the possession or	45348
custody of an agency;	45349

(b) The process for obtaining from a patient consent to the	45350
provision of health care or consent for participation in medical	45351
or other scientific research;	45352

(c) The process for determining whether an adult has a	45353
physical or mental impairment or an adult's capacity to make	45354
health care decisions for purposes of Chapter 5126. of the Revised	45355
Code;	45356

(d) The process for determining whether a minor has been	45357
emancipated.	45358

(6) When a minor is authorized to consent to the minor's own	45359
receipt of health care or make medical decisions on the minor's	45360
own behalf, including the circumstances described in sections	45361
2907.29, 3709.241, 3719.012, 5120.172, 5122.04, and 5126.043 of	45362
the Revised Code.	45363

Sec. 3798.13. The director of job and family services shall	45364
adopt rules for purposes of specifying the criteria a person who	45365
is mentally or physically disabled and who is under twenty-one	45366
years of age must meet to be considered a minor for purposes of	45367
sections 3798.07 and 3798.12 of the Revised Code.	45368

Sec. 3798.14. (A) The director of job and family services, in	45369
consultation with the office of health transformation, shall adopt	45370
rules in accordance with Chapter 119. of the Revised Code for the	45371
purpose of establishing standards the director must use to approve	45372
health information exchanges operating in this state. The rules	45373
shall not be adopted until the earlier of sixty days following the	45374
adoption of a federal certification process for health information	45375
exchanges by the office of the national coordinator for health	45376
information technology in the United States department of health	45377
and human services or January 1, 2013. Subject to division (B) of	45378
this section, the rules may include standards and procedures to be	45379
followed by a health information exchange regarding the following:	45380

(1) Access to and use and disclosure of protected health	45381
information maintained by or on an approved health information	45382
exchange;	45383

(2) Demonstration of adequate financial resources to sustain	45384
continued operations in compliance with the rules adopted under	45385
this section;	45386

(3) Participation in outreach activities for individuals and	45387
covered entities;	45388

(4) Conduct of operations in a transparent manner to promote	45389
consumer confidence;	45390

(5) Implementation of security breach notification	45391
procedures.	45392

(B) The rules the director adopts pursuant to division (A) of	45393
this section shall be consistent with certification standards for	45394
health information exchanges established in federal statutes and	45395
regulations, including nationally recognized standards for	45396
interoperability.	45397

Sec. 3798.15. (A) The director of job and family services,	45398
in consultation with the office of health transformation, shall	45399
adopt rules in accordance with Chapter 119. of the Revised Code	45400
for the purpose of establishing processes for all of the	45401
following:	45402

(1) A health information exchange to obtain approval to	45403
operate as an approved health information exchange in this state	45404
and, at times specified by the director, obtain reapproval of such	45405
status;	45406

(2) The director to investigate and resolve concerns and	45407
complaints submitted to the director regarding an approved health	45408
information exchange;	45409

(3) A health information exchange to apply for	45410
reconsideration of a decision the director makes under a process	45411
established under division (A)(1) or (2) of this section;	45412

(4) Covered entities and approved health information	45413
exchanges to enter into participation agreements and enforce the	45414
terms of such agreements.	45415

(B) Any decision the director makes in relation to a request	45416
for reconsideration made in accordance with rules adopted under	45417
division (A)(3) of this section is not subject to appeal under	45418
Chapter 119. of the Revised Code.	45419

Sec. 3798.16. (A) The director of job and family services,	45420
in consultation with the office of health transformation, shall	45421
adopt rules in accordance with Chapter 119. of the Revised Code	45422
for the purpose of specifying the content of agreements governing	45423
covered entities' participation in approved health information	45424
exchanges. At a minimum, the rules shall require the content of	45425
such participation agreements to include all of the following:	45426

(1) Procedures for a covered entity to disclose an	45427
individual's protected health information to an approved health	45428
information exchange;	45429

(2) Procedures for a covered entity to access an individual's	45430
protected health information from an approved health information	45431
exchange;	45432

(3) Subject to division (B) of this section, a written notice	45433
to be provided by a covered entity to an individual or the	45434
individual's personal representative prior to the covered entity's	45435
disclosure of the individual's protected health information to an	45436
approved health information exchange;	45437

(4) Documentation the covered entity must use to verify that	45438
a notice described in division (A)(3) of this section has been	45439
provided by the covered entity to an individual or the	45440
individual's personal representative prior to the disclosure of	45441
the individual's protected health information to an approved	45442
health information exchange;	45443

(5) Procedures for an individual or the individual's personal	45444
representative to submit to the covered entity a written request	45445
to place restrictions on the covered entity's disclosure of	45446
protected health information to the approved health information	45447
exchange;	45448

(6) The standards a covered entity must use to determine	45449
whether, and to what extent, to comply with a written request	45450
described in division (A)(5) of this section;	45451

(7) The purposes for which a covered entity may access and	45452
use protected health information from the approved health	45453
information exchange.	45454

(B) With respect to the written notice described in division	45455
(A)(3) of this section, the rules may specify that the notice can	45456
be incorporated into the covered entity's notice of privacy	45457
practices required by 45 C.F.R. 164.520 and shall specify that the	45458
notice include the following statements:	45459

(1) The individual's protected health information will be	45460
disclosed to the approved health information exchange to	45461
facilitate the provision of health care to the individual.	45462

(2) The approved health information exchange maintains	45463
appropriate administrative, physical, and technical safeguards to	45464
protect the privacy and security of protected health information.	45465

(3) Only authorized individuals may access and use protected	45466
health information from the approved health information exchange.	45467

(4) The individual or the individual's personal	45468
representative has the right to request in writing that the	45469
covered entity do either or both of the following:	45470

(a) Not disclose any of the individual's protected health	45471
information to the approved health information exchange;	45472

(b) Not disclose specific categories of the individual's	45473
protected health information to the approved health information	45474
exchange.	45475

(5) Any restrictions on the disclosure of protected health	45476
information an individual requests as described in either division	45477
(B)(4)(a) or (b) of this section may result in a health care	45478
provider not having access to information that is necessary for	45479
the provider to render appropriate care to the individual.	45480

(6) Any restrictions on the disclosure of protected health	45481
information an individual requests as described in division	45482
(B)(4)(a) of this section must be honored by the covered entity.	45483

(7) Any restrictions on the disclosure of protected health	45484
information an individual requests as described in division	45485
(B)(4)(b) of this section must be honored if the restriction is	45486
consistent with rules adopted under this chapter.	45487

(C) In adopting standards under division (A)(6) of this	45488
section, the director shall take into consideration the technical	45489
capabilities of software available to health information	45490
exchanges.	45491

Sec. 3905.36. (A) Every insured association, company,	45492
corporation, or other person that enters, directly or indirectly,	45493
into any independent procurement or direct placement agreement	45494
with any insurance company, association, individual, firm,	45495
underwriter, or Lloyd's, not authorized to do business in this	45496
state, whereby the insured shall procure, continue, or renew	45497
contracts of insurance with such unauthorized insurance company,	45498
association, individual, firm, underwriter, or Lloyd's, for which	45499
insurance there is a gross premium, shall file the details of the	45500
transaction annually, on or before the thirty-first day of March,	45501
and shall at the same time pay to the treasurer of state, or to	45502
the superintendent of insurance upon the mutual agreement of the	45503
superintendent and the treasurer, a tax of five per cent of such	45504
gross premium, after a deduction for return premium, if any, as	45505
calculated in the prescribed format or in compliance with any	45506
requirements of the compact entered into by the superintendent	45507
pursuant to division (D) of section 3905.33 of the Revised Code.	45508
An insurer may submit the required details of the transaction and	45509
remit the tax payment on behalf of an insured.	45510

All taxes collected under this section shall be paid into the	45511
general revenue fund. If the tax is not paid when due, the tax	45512
shall be increased by a penalty of twenty-five per cent. An	45513
interest charge computed as set forth in section 5725.221 of the	45514
Revised Code shall be made on the entire sum of the tax plus	45515
penalty, which interest shall be computed from the date the tax is	45516
due until it is paid. For purposes of this section, payment is	45517
considered made when it is received by the treasurer or the	45518
superintendent, irrespective of any United States postal service	45519
marking or other stamp or mark indicating the date on which the	45520
payment may have been mailed.	45521

The superintendent of insurance, in the superintendent's sole	45522
discretion, may waive the twenty-five per cent penalty and	45523
interest charge thereon for a first-time, inadvertent nonpayment	45524
of the tax when due if the nonpayment is reported immediately upon	45525
discovery and the outstanding tax is thereafter immediately paid	45526
to the superintendent.	45527

(B) Each person licensed under section 3905.30 of the Revised	45528
Code shall pay to the treasurer of state, or to the superintendent	45529
of insurance upon the mutual agreement of the superintendent and	45530
the treasurer, on or before the thirty-first day of March of each	45531
year, five per cent of the balance of the gross premiums charged	45532
for insurance placed or procured under the license after a	45533
deduction for return premiums in the prescribed format or in	45534
compliance with any requirements of the compact entered into by	45535
the superintendent pursuant to division (D) of section 3905.33 of	45536
the Revised Code. The tax shall be collected from the insured by	45537
the surplus lines broker who placed or procured the policy of	45538
insurance at the time the policy is delivered to the insured. No	45539
license issued under section 3905.30 of the Revised Code shall be	45540
renewed until payment is made. If the tax is not paid when due,	45541
the tax shall be increased by a penalty of twenty-five per cent.	45542
An interest charge computed as set forth in section 5725.221 of	45543
the Revised Code shall be made on the entire sum of the tax plus	45544
penalty, which interest shall be computed from the date the tax is	45545
due until it is paid. For purposes of this section, payment is	45546
considered made when it is received by the treasurer or the	45547
superintendent, irrespective of any United States postal service	45548
marking or other stamp or mark indicating the date on which the	45549
payment may have been mailed.	45550

The superintendent, in the superintendent's sole discretion,	45551
may waive the twenty-five per cent penalty and interest charge	45552
thereon for a first-time, inadvertent nonpayment of the tax when	45553
due if the nonpayment is reported immediately upon discovery and	45554
the outstanding tax is thereafter immediately paid to the	45555
superintendent.	45556

45557

(1) An insured otherwise exempt from the payment of premium	45558
or franchise taxes under state or federal law;	45559

(2) Attorneys-at-law acting on behalf of their clients in the	45560
adjustment of claims or losses;	45561

(3) Transactions involving policies issued by a captive	45562
insurer. For this purpose, a "captive insurer" means any of the	45563
following:	45564

(a) An insurer owned by one or more individuals or	45565
organizations, whose exclusive purpose is to insure risks of one	45566
or more of the parent organizations or individual owners and risks	45567
of one or more affiliates of the parent organizations or	45568
individual owners;	45569

(b) In the case of groups and associations, insurers owned by	45570
the group or association whose exclusive purpose is to insure	45571
risks of members of the group or association and affiliates of the	45572
members;	45573

(c) Other types of insurers, licensed and operated in	45574
accordance with the captive insurance laws of their jurisdictions	45575
of domicile and operated in a manner so as to self-insure risks of	45576
their owners and insureds.	45577

(4) Professional or medical liability insurance procured by a	45578
hospital organized under Chapter 3701. of the Revised Code;	45579

(5) Insurance with an initial policy period of more than	45580
three years and that is procured to cover known events related to	45581
environmental remediation that occurred prior to the effective	45582
date of that insurance;	45583

(6) Insurance procured on behalf of an entity that	45584
manufactures, packages, and sells, as more than fifty per cent of	45585
the entity's business, pharmaceutical products for human use where	45586
the production, packaging, and sale of such products are subject	45587
to regulation by an agency of the United States;	45588

(7) A political subdivision or any combination or consortium	45589
of two or more political subdivisions.	45590

(D) As used in this section:

45591

(1) "Political subdivision" means any county; municipal	45592
corporation; township; township police district; township fire	45593
district; joint fire district; joint ambulance district; joint	45594
emergency medical services district; fire and ambulance district;	45595
joint recreation district; township waste disposal district;	45596
township road district; community college district; technical	45597
college district; detention facility district; a district	45598
organized under section 2151.65 of the Revised Code; a combined	45599
district organized under sections 2151.65 and 2152.41 of the	45600
Revised Code; a joint-county alcohol, drug addiction, and mental	45601
health service district; a drainage improvement district created	45602
under section 6131.52 of the Revised Code; a union cemetery	45603
district; a county school financing district; a city, local,	45604
exempted village, cooperative education, or joint vocational	45605
school district; or a regional student education district created	45606
under section 3313.83 of the Revised Code, any public division,	45607
district, commission, authority, department, board, officer, or	45608
institution of any one or more of those political subdivisions,	45609
that is entirely or substantially supported by public tax moneys.	45610

(2) "Municipal corporation" means all municipal corporations,	45611
including those that have adopted a charter under Article XVIII,	45612
Ohio Constitution.	45613

Sec. 4104.01. As used in sections 4104.01 to 4104.20 and	45614
section 4104.99 of the Revised Code:	45615

(A) "Board of building standards" or "board" means the board	45616
established by section 3781.07 of the Revised Code.	45617

(B) "Superintendent" means the superintendent of ~~labor~~	45618
industrial compliance created by section 121.04 of the Revised	45619
Code.	45620

(C) "Boiler" means a closed vessel in which water is heated,	45621
steam is generated, steam is superheated, or any combination	45622
thereof, under pressure or vacuum for use externally to itself by	45623
the direct application of heat from the combustion of fuels, or	45624
from electricity or nuclear energy. "Boiler" includes fired units	45625
for heating or vaporizing liquids other than water where these	45626
units are separate from processing systems and are complete within	45627
themselves.	45628

(D) "Power boiler" means a boiler in which steam or other	45629
vapor (to be used externally to itself) is generated at a pressure	45630
of more than fifteen psig.	45631

(E) "High pressure, high temperature water boiler" means a	45632
water heating boiler operating at pressures exceeding one hundred	45633
sixty psig or temperatures exceeding two hundred fifty degrees	45634
Fahrenheit.	45635

(F) "Low pressure boiler" means a steam boiler operating at	45636
pressures not exceeding fifteen psig, or a hot water heating	45637
boiler operating at pressures not exceeding one hundred sixty psig	45638
or temperatures not exceeding two hundred fifty degrees	45639
Fahrenheit.	45640

(G) "Pressure vessel" means a container for the containment	45641
of pressure, either internal or external. This pressure may be	45642
obtained from an external source or by the application of heat	45643
from a direct or indirect source or any combination thereof.	45644

(H) "Process boiler" means a boiler to which all of the	45645
following apply:	45646

(1) The steam in the boiler is either generated or	45647
superheated, or both, under pressure or vacuum for use external to	45648
itself.	45649

(2) The source of heat for the boiler is in part or in whole	45650
from a process other than the boiler itself.	45651

(3) The boiler is part of a continuous processing unit, such	45652
as used in chemical manufacture or petroleum refining, other than	45653
a steam-generated process unit.	45654

(I) "Stationary steam engine" means an engine or turbine in	45655
which the mechanical force arising from the elasticity and	45656
expansion action of steam or from its property of rapid	45657
condensation or from a combination of the two is made available as	45658
a motive power.	45659

Sec. 4104.02. The board of building standards shall:

45660

(A) Formulate rules for the construction, installation,	45661
repair, conservation of energy, and operation of boilers and the	45662
construction and repair of pressure vessels and for ascertaining	45663
the safe working pressures to be carried on such boilers and	45664
pressure vessels and the qualification of inspectors of boilers	45665
and pressure vessels;	45666

(B) Prescribe tests, if it is considered necessary, to	45667
ascertain the qualities of materials used in the construction of	45668
boilers and pressure vessels;	45669

(C) Adopt rules regulating the construction and sizes of	45670
safety valves for boilers and pressure vessels of different sizes	45671
and pressures, for the construction, use, and location of fusible	45672
plugs, appliances for indicating the pressure of steam and level	45673
of water in the boiler or pressure vessels, and such other	45674
appliances as the board considers necessary to safety in operating	45675
boilers;	45676

(D) Establish reasonable fees for the performance of reviews,	45677
surveys, or audits of manufacturer's facilities by the division of	45678
~~labor~~industrial compliance for certification by the American	45679
society of mechanical engineers and the national board of boiler	45680
and pressure vessel inspectors;	45681

(E) The definitions and rules adopted by the board for the	45682
construction, installation, repair, conservation of energy, and	45683
operation of boilers and the construction and repair of pressure	45684
vessels and for ascertaining the safe working pressures to be used	45685
on such boilers and pressure vessels shall be based upon and	45686
follow generally accepted engineering standards, formulae, and	45687
practices established and pertaining to boilers and pressure	45688
vessel construction, operation, and safety, and the board may, for	45689
this purpose, adopt existing published standards as well as	45690
amendments thereto subsequently published by the same authority.	45691

When a person desires to manufacture a special type of boiler	45692
or pressure vessel, the design of which is not covered by the	45693
rules of the board, the person shall submit drawings and	45694
specifications of such boiler or pressure vessel to the board for	45695
investigation, after which the board may permit its installation.	45696

The provisions of sections 119.03 and 119.11 of the Revised	45697
Code in particular, and the applicable provisions of Chapter 119.	45698
of the Revised Code in general, shall govern the proceedings of	45699
the board of building standards in adopting, amending, or	45700
rescinding rules pursuant to this section.	45701

Sec. 4104.06. (A) The inspection of boilers and their	45702
appurtenances and pressure vessels shall be made by the inspectors	45703
mentioned in sections 4104.07 to 4104.20 of the Revised Code. The	45704
superintendent of ~~labor~~industrial compliance shall administer and	45705
enforce such sections and rules adopted by the board of building	45706
standards pursuant to section 4104.02 of the Revised Code.	45707

(B) The superintendent shall adopt, amend, and repeal rules	45708
exclusively for the issuance, renewal, suspension, and revocation	45709
of certificates of competency and certificates of operation, for	45710
conducting hearings in accordance with Chapter 119. of the Revised	45711
Code related to these actions, and for the inspection of boilers	45712
and their appurtenances, and pressure vessels.	45713

(C) Notwithstanding division (B) of this section, the	45714
superintendent shall not adopt rules relating to construction,	45715
maintenance, or repair of boilers and their appurtenances, or	45716
repair of pressure vessels.	45717

(D) The superintendent and each general inspector may enter	45718
any premises and any building or room at all reasonable hours to	45719
perform an examination or inspection.	45720

Sec. 4104.07. (A) An application for examination as an	45721
inspector of boilers and pressure vessels shall be in writing,	45722
accompanied by a fee of one hundred fifty dollars, upon a blank to	45723
be furnished by the superintendent of ~~labor~~industrial compliance.	45724
Any moneys collected under this section shall be paid into the	45725
state treasury to the credit of the ~~labor~~industrial compliance	45726
operating fund created in section 121.084 of the Revised Code.	45727

(B) The superintendent shall determine if an applicant meets	45728
all the requirements for examination in accordance with rules	45729
adopted by the board of building standards under section 4104.02	45730
of the Revised Code. An application shall be rejected which	45731
contains any willful falsification, or untruthful statements.	45732

(C) An applicant shall be examined by the superintendent, by	45733
a written examination, prescribed by the board, dealing with the	45734
construction, installation, operation, maintenance, and repair of	45735
boilers and pressure vessels and their appurtenances, and the	45736
applicant shall be accepted or rejected on the merits of the	45737
applicant's application and examination.	45738

(D) Upon a favorable report by the superintendent of the	45739
result of an examination, the superintendent shall immediately	45740
issue to the successful applicant a certificate of competency to	45741
that effect.	45742

Sec. 4104.08. (A) The director of commerce may appoint from	45743
the holders of certificates of competency provided for in section	45744
4104.07 of the Revised Code, general inspectors of boilers and	45745
pressure vessels.	45746

(B) Any company authorized to insure boilers and pressure	45747
vessels against explosion in this state may designate from holders	45748
of certificates of competency issued by the superintendent of	45749
~~labor~~industrial compliance, or holders of certificates of	45750
competency or commissions issued by other states or nations whose	45751
examinations for certificates or commissions have been approved by	45752
the board of building standards, persons to inspect and stamp	45753
boilers and pressure vessels covered by the company's policies,	45754
and the superintendent shall issue to such persons commissions	45755
authorizing them to act as special inspectors. Special inspectors	45756
shall be compensated by the company designating them.	45757

(C) The director shall establish an annual fee to be charged	45758
by the superintendent for each certificate of competency or	45759
commission the superintendent issues.	45760

(D) The superintendent shall issue to each general or special	45761
inspector a commission to the effect that the holder thereof is	45762
authorized to inspect boilers and pressure vessels in this state.	45763

(E) No person shall be authorized to act as a general	45764
inspector or a special inspector who is directly or indirectly	45765
interested in the manufacture or sale of boilers or pressure	45766
vessels.	45767

Sec. 4104.09. The certificate of competency issued under	45768
section 4104.07 of the Revised Code or the commission provided for	45769
in section 4104.08 of the Revised Code may be revoked by the	45770
superintendent of ~~labor~~industrial compliance for the	45771
incompetence or untrustworthiness of the holder thereof, or for	45772
willful falsification of any matter or statement contained in the	45773
holder's application or in a report of any inspection in	45774
accordance with Chapter 119. of the Revised Code. If a certificate	45775
or commission is lost or destroyed, a new certificate or	45776
commission shall be issued in its place without another	45777
examination.	45778

Sec. 4104.10. All unfired pressure vessels, except unfired	45779
pressure vessels exempt under section 4104.04 of the Revised Code,	45780
shall be thoroughly inspected during fabrication and upon	45781
completion and shall not be operated until a copy of the	45782
manufacturers' data report, properly executed and signed by the	45783
inspector is filed in the office of the superintendent of ~~labor~~	45784
industrial compliance. All unfired pressure vessels shall conform	45785
in every detail with applicable rules adopted by the board of	45786
building standards pursuant to section 4104.02 of the Revised	45787
Code.	45788

Sec. 4104.101. (A) No person shall install or make major	45789
repairs or modifications to any boiler without first registering	45790
to do so with the division of ~~labor~~industrial compliance.	45791

(B) No person shall make any installation or major repair or	45792
modification of any boiler without first obtaining a permit to do	45793
so from the division. The permit application form shall provide	45794
the name and address of the owner, location of the boiler, and	45795
type of repair or modification that will be made. The application	45796
permit fee shall be one hundred dollars.	45797

(C) The superintendent of ~~labor~~industrial compliance shall	45798
require annual registration of all contractors who install, make	45799
major repairs to, or modify any boiler. The board of building	45800
standards shall establish a reasonable fee to cover the cost of	45801
processing registrations.	45802

Sec. 4104.12. All boilers, except boilers mentioned in	45803
section 4104.04 of the Revised Code, shall be inspected when	45804
installed and shall not be operated until an appropriate	45805
certificate of operation has been issued by the superintendent of	45806
~~labor~~industrial compliance. The certificate of operation required	45807
by this section shall not be issued for any boiler which has not	45808
been thoroughly inspected during construction and upon completion,	45809
by either a general or special inspector, and which does not	45810
conform in every detail with the rules adopted by the board of	45811
building standards and unless, upon completion, such boiler is	45812
distinctly stamped under such rules by such inspector.	45813

Sec. 4104.15. (A) All certificates of inspection for	45814
boilers, issued prior to October 15, 1965, are valid and effective	45815
for the period set forth in such certificates unless sooner	45816
withdrawn by the superintendent of ~~labor~~industrial compliance.	45817
The owner or user of any such boiler shall obtain an appropriate	45818
certificate of operation for such boiler, and shall not operate	45819
such boiler, or permit it to be operated unless a certificate of	45820
operation has been obtained in accordance with section 4104.17 of	45821
the Revised Code.	45822

(B) If, upon making the internal and external inspection	45823
required under sections 4104.11, 4104.12, and 4104.13 of the	45824
Revised Code, the inspector finds the boiler to be in safe working	45825
order, with the fittings necessary to safety, and properly set up,	45826
upon the inspector's report to the superintendent, the	45827
superintendent shall issue to the owner or user thereof, or renew,	45828
upon application and upon compliance with sections 4104.17 and	45829
4104.18 of the Revised Code, a certificate of operation which	45830
shall state the maximum pressure at which the boiler may be	45831
operated, as ascertained by the rules of the board of building	45832
standards. Such certificates shall also state the name of the	45833
owner or user, the location, size, and number of each boiler, and	45834
the date of issuance, and shall be so placed as to be easily read	45835
in the engine room or boiler room of the plant where the boiler is	45836
located, except that the certificate of operation for a portable	45837
boiler shall be kept on the premises and shall be accessible at	45838
all times.	45839

(C) If an inspector at any inspection finds that the boiler	45840
or pressure vessel is not in safe working condition, or is not	45841
provided with the fittings necessary to safety, or if the fittings	45842
are improperly arranged, the inspector shall immediately notify	45843
the owner or user and person in charge of the boiler and shall	45844
report the same to the superintendent who may revoke, suspend, or	45845
deny the certificate of operation and not renew the same until the	45846
boiler or pressure vessel and its fittings are put in condition to	45847
insure safety of operation, and the owner or user shall not	45848
operate the boiler or pressure vessel, or permit it to be operated	45849
until such certificate has been granted or restored.	45850

(D) If the superintendent or a general boiler inspector finds	45851
that a pressure vessel or boiler or a part thereof poses an	45852
explosion hazard that reasonably can be regarded as posing an	45853
imminent danger of death or serious physical harm to persons, the	45854
superintendent or the general boiler inspector shall seal the	45855
pressure vessel or boiler and order, in writing, the operator or	45856
owner of the pressure vessel or boiler to immediately cease the	45857
pressure vessel's or boiler's operation. The order shall be	45858
effective until the nonconformities are eliminated, corrected, or	45859
otherwise remedied, or for a period of seventy-two hours from the	45860
time of issuance, whichever occurs first. During the	45861
seventy-two-hour period, the superintendent may request that the	45862
prosecuting attorney or city attorney of Franklin county or of the	45863
county in which the pressure vessel or boiler is located obtain an	45864
injunction restraining the operator or owner of the pressure	45865
vessel or boiler from continuing its operation after the	45866
seventy-two-hour period expires until the nonconformities are	45867
eliminated, corrected, or otherwise remedied.	45868

(E) Each boiler which has been inspected shall be assigned a	45869
number by the superintendent, which number shall be stamped on a	45870
nonferrous metal tag affixed to the boiler or its fittings by seal	45871
or otherwise. No person except an inspector shall deface or remove	45872
any such number or tag.	45873

(F) If the owner or user of any pressure vessel or boiler	45874
disagrees with the inspector as to the necessity for shutting down	45875
a pressure vessel or boiler or for making repairs or alterations	45876
in it, or taking any other measures for safety that are requested	45877
by an inspector, the owner or user may appeal from the decision of	45878
the inspector to the superintendent, who may, after such other	45879
inspection by a general inspector or special inspector as the	45880
superintendent deems necessary, decide the issue.	45881

(G) Neither sections 4104.01 to 4104.20 of the Revised Code,	45882
nor an inspection or report by any inspector, shall relieve the	45883
owner or user of a pressure vessel or boiler of the duty of using	45884
due care in the inspection, operation, and repair of the pressure	45885
vessel or boiler or of any liability for damages for failure to	45886
inspect, repair, or operate the pressure vessel or boiler safely.	45887

Sec. 4104.16. The owner or user of any boiler required by	45888
sections 4104.01 to 4104.20 of the Revised Code, to be inspected,	45889
shall immediately notify the superintendent of ~~labor~~industrial	45890
compliance in case a defect affecting the safety of the boiler is	45891
discovered.	45892

The owner or user of any stationary boiler required by such	45893
sections to be inspected, who moves the same, shall report to the	45894
superintendent the new location of the boiler. Such boiler shall	45895
be inspected before it is again operated.	45896

Sec. 4104.17. Certificates of operation issued for boilers	45897
subject to inspection under Chapter 4104. of the Revised Code	45898
shall be issued and renewed in accordance with and at dates	45899
prescribed by rules and regulations adopted by the superintendent	45900
of ~~labor~~industrial compliance.	45901

Sec. 4104.18. (A) The owner or user of a boiler required	45902
under section 4104.12 of the Revised Code to be inspected upon	45903
installation, and the owner or user of a boiler for which a	45904
certificate of inspection has been issued which is replaced with	45905
an appropriate certificate of operation, shall pay to the	45906
superintendent of ~~labor~~industrial compliance a fee in the amount	45907
of fifty dollars for boilers subject to annual inspections under	45908
section 4104.11 of the Revised Code, one hundred dollars for	45909
boilers subject to biennial inspection under section 4104.13 of	45910
the Revised Code, one hundred fifty dollars for boilers subject to	45911
triennial inspection under section 4104.11 of the Revised Code, or	45912
two hundred fifty dollars for boilers subject to quinquennial	45913
inspection under section 4104.13 of the Revised Code.	45914

(B) The fee for complete inspection during construction by a	45915
general inspector on boilers and pressure vessels manufactured	45916
within the state shall be thirty-five dollars per hour. Boiler and	45917
pressure vessel manufacturers other than those located in the	45918
state may secure inspection by a general inspector on work during	45919
construction, upon application to the superintendent, and upon	45920
payment of a fee of thirty-five dollars per hour, plus the	45921
necessary traveling and hotel expenses incurred by the inspector.	45922

(C) The application fee for applicants for steam engineer,	45923
high pressure boiler operator, or low pressure boiler operator	45924
licenses is seventy-five dollars. The fee for each original or	45925
renewal steam engineer, high pressure boiler operator, or low	45926
pressure boiler operator license is fifty dollars.	45927

(D) The director of commerce, subject to the approval of the	45928
controlling board, may establish fees in excess of the fees	45929
provided in divisions (A), (B), and (C) of this section. Any	45930
moneys collected under this section shall be paid into the state	45931
treasury to the credit of the ~~labor~~industrial compliance	45932
operating fund created in section 121.084 of the Revised Code.	45933

(E) Any person who fails to pay an invoiced renewal fee or an	45934
invoiced inspection fee required for any inspection conducted by	45935
the division of ~~labor~~industrial compliance pursuant to this	45936
chapter within forty-five days of the invoice date shall pay a	45937
late payment fee equal to twenty-five per cent of the invoiced	45938
fee.	45939

(F) In addition to the fees assessed in divisions (A) and (B)	45940
of this section, the board of building standards shall assess the	45941
owner or user a fee of three dollars and twenty-five cents for	45942
each certificate of operation or renewal thereof issued under	45943
division (A) of this section and for each inspection conducted	45944
under division (B) of this section. The board shall adopt rules,	45945
in accordance with Chapter 119. of the Revised Code, specifying	45946
the manner by which the superintendent shall collect and remit to	45947
the board the fees assessed under this division and requiring that	45948
remittance of the fees be made at least quarterly.	45949

Sec. 4104.19. (A) Any person seeking a license to operate as	45950
a steam engineer, high pressure boiler operator, or low pressure	45951
boiler operator shall file a written application with the	45952
superintendent of ~~labor~~industrial compliance on a form prescribed	45953
by the superintendent with the appropriate application fee as set	45954
forth in section 4104.18 of the Revised Code. The application	45955
shall contain information satisfactory to the superintendent to	45956
demonstrate that the applicant meets the requirements of division	45957
(B) of this section. The application shall be filed with the	45958
superintendent not more than sixty days and not less than thirty	45959
days before the license examination is offered.	45960

(B) To qualify to take the examination required to obtain a	45961
steam engineer, high pressure boiler operator, or low pressure	45962
boiler operator license, a person shall meet both of the following	45963
requirements:	45964

(1) Be at least eighteen years of age;

45965

(2) Have one year of experience in the operation of steam	45966
engines, high pressure boilers, or low pressure boilers as	45967
applicable to the type of license being sought, or a combination	45968
of experience and education for the type of license sought as	45969
determined to be acceptable by the superintendent.	45970

(C) No applicant shall qualify to take an examination or to	45971
renew a license if the applicant has violated this chapter or if	45972
the applicant has obtained or renewed a license issued under this	45973
chapter by fraud, misrepresentation, or deception.	45974

(D) The superintendent shall issue a license to each	45975
applicant who receives a passing score on the examination, as	45976
determined by the superintendent, for the license for which the	45977
applicant applied.	45978

(E) The superintendent may select and contract with one or	45979
more persons to do all of the following relative to the	45980
examinations for a license to operate as a steam engineer, high	45981
pressure boiler operator, or low pressure boiler operator:	45982

(1) Prepare, administer, score, and maintain the	45983
confidentiality of the examination;	45984

(2) Maintain responsibility for all expenses required to	45985
fulfill division (E)(1) of this section;	45986

(3) Charge each applicant a fee for administering the	45987
examination, in an amount authorized by the superintendent;	45988

(4) Design the examination for each type of license to	45989
determine an applicant's competence to operate the equipment for	45990
which the applicant is seeking licensure.	45991

(F) Each license issued under this chapter expires one year	45992
after the date of issue. Each person holding a valid, unexpired	45993
license may renew the license, without reexamination, by applying	45994
to the superintendent not more than ninety days before the	45995
expiration of the license, and submitting with the application the	45996
renewal fee established in section 4104.18 of the Revised Code.	45997
Upon receipt of the renewal information and fee, the	45998
superintendent shall issue the licensee a certificate of renewal.	45999

(G) The superintendent, in accordance with Chapter 119. of	46000
the Revised Code, may suspend or revoke any license, or may refuse	46001
to issue a license under this chapter upon finding that a licensee	46002
or an applicant for a license has violated or is violating the	46003
requirements of this chapter.	46004

Sec. 4104.21. On receipt of a notice pursuant to section	46005
3123.43 of the Revised Code, the superintendent of ~~labor~~	46006
industrial compliance shall comply with sections 3123.41 to	46007
3123.50 of the Revised Code and any applicable rules adopted under	46008
section 3123.63 of the Revised Code with respect to a certificate	46009
or license issued pursuant to this chapter.	46010

Sec. 4104.33. There is hereby created the historical boilers	46011
licensing board consisting of seven members, three of whom shall	46012
be appointed by the governor with the advice and consent of the	46013
senate. The governor shall make initial appointments to the board	46014
within ninety days after October 24, 2002. Of the initial members	46015
appointed by the governor, one shall be for a term ending three	46016
years after October 24, 2002, one shall be for a term ending four	46017
years after October 24, 2002, and one shall be for a term ending	46018
five years after October 24, 2002. Thereafter, terms of office	46019
shall be for five years, each term ending on the same day of the	46020
same month of the year as did the term that it succeeds. Of the	46021
three members the governor appoints, one member shall be an	46022
employee of the division of boiler inspection in the department of	46023
commerce; one member shall be an independent mechanical engineer	46024
who is not involved in selling or inspecting historical boilers;	46025
and one shall be an active member of an association that	46026
represents managers of fairs or festivals.	46027

Two members of the board shall be appointed by the president	46028
of the senate and two members of the board shall be appointed by	46029
the speaker of the house of representatives. The president and	46030
speaker shall make initial appointments to the board within ninety	46031
days after October 24, 2002. Of the initial members appointed by	46032
the president, one shall be for a term ending four years after	46033
October 24, 2002 and one shall be for a term ending five years	46034
after October 24, 2002. Of the initial members appointed by the	46035
speaker, one shall be for a term ending three years after October	46036
24, 2002 and one shall be for a term ending five years after	46037
October 24, 2002. Thereafter, terms of office shall be for five	46038
years, each term ending on the same day of the same month of the	46039
year as did the term that it succeeds. Of the four members	46040
appointed by the president and speaker, each shall own a	46041
historical boiler and also have at least ten years of experience	46042
in the operation of historical boilers, and each of these four	46043
members shall reside in a different region of the state.	46044

Each member shall hold office from the date of the member's	46045
appointment until the end of the term for which the member was	46046
appointed. Members may be reappointed. Vacancies shall be filled	46047
in the manner provided for initial appointments. Any member	46048
appointed to fill a vacancy occurring prior to the expiration date	46049
of the term for which the member's predecessor was appointed shall	46050
hold office as a member for the remainder of that term. A member	46051
shall continue in office subsequent to the expiration date of the	46052
member's term until the successor takes office or until a period	46053
of sixty days has elapsed, whichever occurs first.	46054

The members of the board, annually, shall elect, by majority	46055
vote, a chairperson from among their members. The board shall meet	46056
at least once annually and at other times at the call of the	46057
chairperson. Board members shall receive their actual and	46058
necessary expenses incurred in the discharge of their duties as	46059
board members.	46060

The superintendent of ~~labor~~industrial compliance shall	46061
furnish office space, staff, and supplies to the board as the	46062
superintendent determines are necessary for the board to carry out	46063
its official duties under sections 4104.33 to 4104.37 of the	46064
Revised Code.	46065

Sec. 4104.42. (A) The owner of any power piping or process	46066
piping system shall ensure that all of the following are performed	46067
in compliance with applicable sections of the B31 standards	46068
contained in the code for pressure piping, published by the	46069
American society of mechanical engineers:	46070

(1) The design, fabrication, assembly, installation, testing,	46071
examination, and inspection of power and process piping systems;	46072

(2) Qualification of personnel and qualification of welding	46073
and brazing procedures;	46074

(3) The implementation of an inspection program.

46075

(B) The owner of a power piping or process piping system	46076
shall do both of the following:	46077

(1) Maintain for five years complete records documenting the	46078
design, examination, and testing of the piping system that include	46079
all of the following:	46080

(a) The specific edition of the code for pressure piping used	46081
in the design;	46082

(b) The design assumptions;

46083

(c) The calculations, piping material specifications, and	46084
construction documents for the piping;	46085

(d) The records of piping alterations;

46086

(e) The piping examination and inspection records.

46087

(2) Disclose the types and quantities of flammable,	46088
combustible, or hazardous materials proposed to be used in the	46089
facility to the building and fire code enforcement authorities who	46090
have inspection authority to enable those authorities to determine	46091
compliance with the rules the board of building standards adopts	46092
pursuant to section 3781.10 of the Revised Code and the rules the	46093
state fire marshal adopts pursuant to section 3737.82 of the	46094
Revised Code.	46095

(C) No person or state agency shall require that the records	46096
described in division (B)(1) of this section be submitted to the	46097
division of ~~labor~~industrial compliance in the department of	46098
commerce or to a certified building department for approval.	46099

(D) Nothing in this section limits the application of	46100
Chapters 4703. and 4733. of the Revised Code.	46101

Sec. 4104.43. (A)(1) The board of building standards shall	46102
adopt rules establishing requirements for the design,	46103
installation, inspection of and design review procedure for	46104
building services piping.	46105

(2) The board of building standards shall adopt rules	46106
establishing requirements for the design, installation, inspection	46107
of and design review procedure for nonflammable medical gas,	46108
medical oxygen, and medical vacuum piping systems.	46109

(B) A municipal, township, or county building department	46110
certified under division (E) of section 3781.10 of the Revised	46111
Code shall enforce the rules the board adopts pursuant to division	46112
(A)(2) of this section if that building department requests and	46113
obtains special certification to enforce those rules.	46114

(C) In a health district where no municipal, township, or	46115
county building department is specially certified under division	46116
(B) of this section, an employee of the health district shall	46117
enforce the rules adopted pursuant to division (A)(2) of this	46118
section if both of the following conditions are satisfied:	46119

(1) The health district employee requests and obtains special	46120
certification by the board to enforce those rules.	46121

(2) The health district notifies the superintendent of the	46122
division of ~~labor~~industrial compliance in the department of	46123
commerce that the health district's specially certified employee	46124
shall enforce those rules.	46125

(D) In a jurisdiction where enforcement authority as	46126
described in divisions (B) and (C) of this section does not exist,	46127
the superintendent of ~~labor~~industrial compliance shall enforce	46128
the rules the board adopts pursuant to division (A)(2) of this	46129
section.	46130

Sec. 4104.44. All welding and brazing of metallic piping	46131
systems shall be performed in accordance with section IX of the	46132
boiler and pressure vessel code, published by the American society	46133
of mechanical engineers. The owner shall maintain, at the job	46134
site, the certified performance qualification records of all	46135
welders and brazers employed at the facility. The owner shall	46136
submit copies of all certified welding and brazing procedure	46137
specifications, procedure qualification records, and performance	46138
qualification records for building services piping for review to	46139
the superintendent of ~~labor~~industrial compliance in the	46140
department of commerce in accordance with rules the superintendent	46141
adopts. The submission shall be accompanied by the fee the	46142
superintendent establishes.	46143

Sec. 4104.48. (A) No person shall violate sections 4104.41	46144
to 4104.48 of the Revised Code, fail to perform any duty lawfully	46145
enjoined in connection with those sections, or fail to comply with	46146
any order issued by the superintendent of ~~labor~~industrial	46147
compliance or any judgment or decree issued by any court in	46148
connection with the enforcement of sections 4104.41 to 4104.48 of	46149
the Revised Code.	46150

(B) Every day during which a person violates sections 4104.41	46151
to 4104.48 of the Revised Code, fails to perform any duty lawfully	46152
enjoined in connection with those sections, or fails to comply	46153
with any order issued by the superintendent or any judgment or	46154
decree issued by any court in connection with the enforcement of	46155
sections 4104.41 to 4104.48 of the Revised Code constitutes a	46156
separate offense.	46157

Sec. 4105.01. As used in this chapter:

46158

(A) "Elevator" means a hoisting and lowering apparatus	46159
equipped with a car, cage, or platform which moves on or between	46160
permanent rails or guides and serves two or more fixed landings in	46161
a building or structure to which section 3781.06 of the Revised	46162
Code applies. "Elevator" includes dumb-waiters other than	46163
hand-powered dumb-waiters, escalators, ~~peoplelifts~~manlifts,	46164
moving walks, of the endless belt type, other lifting or lowering	46165
apparatus permanently installed on or between rails or guides, and	46166
all equipment, machinery, and construction related to any	46167
elevator; but does not include construction hoists and other	46168
similar temporary lifting or lowering apparatuses, ski lifts,	46169
traveling, portable amusement rides or devices that are not	46170
affixed to a permanent foundation, or nonportable amusement rides	46171
or devices that are affixed to a permanent foundation.	46172

(B) "Passenger elevator" means an elevator that is designed	46173
to carry persons to its contract capacity.	46174

(C) "Freight elevator" means an elevator normally used for	46175
carrying freight and on which only the operator and employees in	46176
the pursuit of their duties, by the permission of the employer,	46177
are allowed to ride.	46178

(D) "Gravity elevator" means an elevator utilizing gravity to	46179
move.	46180

(E) "General inspector" means a state inspector examined and	46181
hired to inspect elevators and lifting apparatus for that state.	46182

(F) "Special inspector" means an inspector examined and	46183
commissioned by the superintendent of ~~labor~~industrial compliance	46184
to inspect elevators and lifting apparatus in the state.	46185

(G) "Inspector" means either a general or special inspector.

46186

Sec. 4105.02. No person may act, either as a general	46187
inspector or as a special inspector, of elevators, unless the	46188
person holds a certificate of competency from the division of	46189
~~labor~~industrial compliance.	46190

Application for examination as an inspector of elevators	46191
shall be in writing, accompanied by a fee to be established as	46192
provided in section 4105.17 of the Revised Code, and upon a blank	46193
to be furnished by the division, stating the school education of	46194
the applicant, a list of the applicant's employers, the	46195
applicant's period of employment, and the position held with each.	46196
An applicant shall also submit a letter from one or more of the	46197
applicant's previous employers certifying as to the applicant's	46198
character and experience.	46199

Applications shall be rejected which contain any willful	46200
falsification or untruthful statements. An applicant, if the	46201
division considers the applicant's history and experience	46202
sufficient, shall be examined by the superintendent of ~~labor~~	46203
industrial compliance by a written examination dealing with the	46204
construction, installation, operation, maintenance, and repair of	46205
elevators and their appurtenances, and the applicant shall be	46206
accepted or rejected on the merits of the applicant's application	46207
and examination.	46208

The superintendent shall issue a certificate of competency in	46209
the inspection of elevators to any applicant found competent upon	46210
examination. A rejected applicant shall be entitled, after the	46211
expiration of ninety days and upon payment of an examination fee	46212
to be established as provided in section 4105.17 of the Revised	46213
Code, to another examination. Should an applicant fail to pass the	46214
prescribed examination on second trial, the applicant will not be	46215
permitted to be an applicant for another examination for a period	46216
of one year after the second examination.	46217

Sec. 4105.03. The superintendent of ~~labor~~industrial	46218
compliance, with the consent of the director of commerce, shall	46219
hire an assistant who has at least ten years of experience in the	46220
construction, installation, maintenance, and repair of elevators	46221
and their appurtenances.	46222

The superintendent, with the consent of the director, and in	46223
compliance with Chapter 124. of the Revised Code, may appoint and	46224
hire general inspectors of elevators from the holders of	46225
certificates of competency.	46226

Sec. 4105.04. From the holders of certificates of competency	46227
in the inspection of elevators, any company that is authorized to	46228
insure elevators in the state, may designate persons to inspect	46229
elevators covered by such company's policies, and the department	46230
of public safety of any city and the clerk of any village may	46231
designate persons to inspect elevators in such city or village.	46232
Such persons shall, upon the payment of a fee to be established as	46233
provided in section 4105.17 of the Revised Code, have issued to	46234
them annually by the division of ~~labor~~industrial compliance,	46235
commissions to serve as special inspectors of elevators in the	46236
state.	46237

Sec. 4105.05. A commission to serve as a special inspector	46238
may be suspended or revoked by the superintendent of ~~labor~~	46239
industrial compliance, for the incompetence or untrustworthiness	46240
of the holder thereof, or for the falsification of any matter or	46241
statement contained in the holder's application or in a report of	46242
any inspection.	46243

Sec. 4105.06. If a certificate or commission issued under	46244
sections 4105.02 and 4105.04 of the Revised Code is lost or	46245
destroyed a new one shall be issued in its place by the division	46246
of ~~labor~~industrial compliance without another examination, upon	46247
the payment of a fee to be established as provided in section	46248
4105.07 of the Revised Code.	46249

Sec. 4105.09. The owner or user of any elevator shall	46250
register, with the division of ~~labor~~industrial compliance, every	46251
elevator operated by the owner or user, giving the type, capacity,	46252
and description, name of manufacturer, and purpose for which each	46253
is used. Such registration shall be made on a form to be furnished	46254
by the division.	46255

Sec. 4105.11. The inspection of elevators shall be made by	46256
the inspectors authorized in sections 4105.03 and 4105.04 of the	46257
Revised Code, under the supervision of the superintendent of	46258
~~labor~~industrial compliance, and the superintendent shall enforce	46259
this chapter and any rules adopted pursuant thereto.	46260

Every inspector shall forward to the superintendent a full	46261
and complete report of each inspection made of any elevator and	46262
shall, on the day the inspection is completed, leave a copy of	46263
such report with the owner or operator of the elevator, or the	46264
owner's or operator's agent or representative. Such report shall	46265
indicate the exact condition of the elevator and shall list any	46266
and all of the provisions of this chapter and any rules adopted	46267
pursuant thereto, with which the elevator does not comply. Before	46268
attempting to enforce, by any remedy, civil or criminal, the	46269
provisions with which the inspected elevator does not comply, the	46270
chief shall issue an adjudication order within the meaning of	46271
Chapter 119. of the Revised Code.	46272

The approval of construction plans, or an application of	46273
specifications under section 4105.16 of the Revised Code is a	46274
license, and the failure to approve such plans or specifications	46275
by the chief within sixty days after they are filed is an	46276
adjudication order denying the issuance of a license.	46277

Every adjudication order shall specify what appliances, site	46278
preparations, additions, repairs, or alterations to any elevators,	46279
plans, materials, assemblages, or procedures are necessary for the	46280
same to comply with this chapter, or any rules adopted pursuant	46281
thereto. Such adjudication order shall be issued pursuant to	46282
Chapter 119. of the Revised Code and shall be effective without	46283
prior hearing, within thirty days after the receipt of such order,	46284
the owner of the elevator specified therein may appeal to the	46285
board of building appeals under section 3781.19 of the Revised	46286
Code.	46287

Notwithstanding the provisions of Chapter 119. of the Revised	46288
Code relating to adjudication hearings, a stenographic or	46289
mechanical record of the testimony and other evidence submitted	46290
before the board of building appeals shall be taken at the expense	46291
of the agency. A party adversely affected by an order issued	46292
following such adjudication hearing may appeal to the court of	46293
common pleas of the county in which the party is a resident or in	46294
which the elevator affected by such order is located. The court in	46295
such case shall not be confined to the record as certified to it	46296
by the agency, but any party may produce additional evidence and	46297
the court shall hear the matter upon such record and such	46298
additional evidence as is introduced by any party. The court shall	46299
not affirm the order of the agency unless the preponderance of the	46300
evidence before it supports the reasonableness and lawfulness of	46301
such order, and of any rules upon which the order of the agency is	46302
based in its application to the facts involved in the appeal.	46303

Failure to comply with the requirements of any order issued	46304
pursuant to this section or the continued operation of any	46305
elevator after it has been sealed pursuant to section 4105.21 of	46306
the Revised Code is hereby declared a public nuisance.	46307

Sec. 4105.12. (A) The superintendent of ~~labor~~industrial	46308
compliance shall adopt, amend, and repeal rules exclusively for	46309
the issuance, renewal, suspension, and revocation of certificates	46310
of competency and certificates of operation, for the conduct of	46311
hearings related to these actions, and for the inspection of	46312
elevators.	46313

(B) Notwithstanding division (A) of this section, the	46314
superintendent shall not adopt rules relating to construction,	46315
maintenance, and repair of elevators.	46316

Sec. 4105.13. Every elevator shall be constructed, equipped,	46317
maintained, and operated, with respect to the supporting members,	46318
elevator car, shaftways, guides, cables, doors, and gates, safety	46319
stops and mechanism, electrical apparatus and wiring, mechanical	46320
apparatus, counterweights, and all other appurtenances, in	46321
accordance with state laws and rules as are authorized in respect	46322
thereto. Where reasonable safety is obtained without complying to	46323
the literal requirements of such rules as in cases of practical	46324
difficulty or unnecessary hardship, the literal requirements of	46325
such rules shall not be required. The superintendent of ~~labor~~	46326
industrial compliance may permit the installation of vertical	46327
wheelchair lifts in public buildings to provide for handicapped	46328
accessibility where such lifts do not meet the literal	46329
requirements of the rules adopted by the board of building	46330
standards pursuant to section 4105.011 of the Revised Code,	46331
provided that reasonable safety may be obtained.	46332

Sec. 4105.15. No certificate of operation for any elevator	46333
shall be issued by the director of commerce until such elevator	46334
has been inspected as required by this chapter. Certificates of	46335
operation shall be renewed by the owner or user of the elevator in	46336
accordance with rules adopted by the superintendent of ~~labor~~	46337
industrial compliance pursuant to section 4105.12 of the Revised	46338
Code.	46339

Sec. 4105.16. Before any new installation of an elevator of	46340
permanent nature is erected or before any existing elevator is	46341
removed to and installed in a different location, an application	46342
of specifications in duplicate shall be submitted to the division	46343
of ~~labor~~industrial compliance giving such information concerning	46344
the construction, installation, and operation of said elevator as	46345
the division may require on forms to be furnished by the division,	46346
together with complete construction plans in duplicate. In all	46347
cases where any changes or repairs are made which alter its	46348
construction of classification, grade or rated lifting capacity,	46349
except when made pursuant to a report of an inspector, an	46350
application of specifications in duplicate shall be submitted to	46351
the division, containing such information, or approval, except in	46352
those municipal corporations which maintain their own elevator	46353
inspection departments, in which event such specifications shall	46354
be submitted to the elevator department of the municipal	46355
corporation for its approval, and if approved, a permit for the	46356
erection or repair of such elevator shall be issued by the	46357
municipal corporation. Upon approval of such application and	46358
construction plans, the superintendent of ~~labor~~industrial	46359
compliance shall issue a permit for the erection or repair of such	46360
elevator. No new elevator shall be operated until completion in	46361
accordance with the approved plans and specifications, unless a	46362
temporary permit is granted by the division.	46363

The final inspection, before operation, of a permanent, new	46364
or repaired elevator shall be made by a general inspector or a	46365
special inspector designated by the superintendent.	46366

Sec. 4105.17. (A) The fee for each inspection, or attempted	46367
inspection that, due to no fault of a general inspector or the	46368
division of ~~labor~~industrial compliance, is not successfully	46369
completed, by a general inspector before the operation of a	46370
permanent new elevator prior to the issuance of a certificate of	46371
operation, before operation of an elevator being put back into	46372
service after a repair or after an adjudication under section	46373
4105.11 of the Revised Code, or as a result of the operation of	46374
section 4105.08 of the Revised Code and is an elevator required to	46375
be inspected under this chapter is one hundred twenty dollars plus	46376
ten dollars for each floor where the elevator stops. The	46377
superintendent of ~~labor~~industrial compliance may assess an	46378
additional fee of one hundred twenty dollars plus ten dollars for	46379
each floor where an elevator stops for the reinspection of an	46380
elevator when a previous attempt to inspect that elevator has been	46381
unsuccessful through no fault of a general inspector or the	46382
division of ~~labor~~industrial compliance.	46383

(B) The fee for each inspection, or attempted inspection,	46384
that due to no fault of the general inspector or the division, is	46385
not successfully completed by a general inspector before operation	46386
of a permanent new escalator or moving walk prior to the issuance	46387
of a certificate of operation, before operation of an escalator or	46388
moving walk being put back in service after a repair, or as a	46389
result of the operation of section 4105.08 of the Revised Code is	46390
three hundred dollars. The superintendent may assess an additional	46391
fee of one hundred fifty dollars for the reinspection of an	46392
escalator or moving walk when a previous attempt to inspect that	46393
escalator or moving walk has been unsuccessful through no fault of	46394
the general inspector or the division.	46395

(C) The fee for issuing or renewing a certificate of	46396
operation under section 4105.15 of the Revised Code for an	46397
elevator that is inspected every six months in accordance with	46398
division (A) of section 4105.10 of the Revised Code is two hundred	46399
twenty dollars plus twelve dollars for each floor where the	46400
elevator stops, except where the elevator has been inspected by a	46401
special inspector in accordance with section 4105.07 of the	46402
Revised Code.	46403

(D) The fee for issuing or renewing a certificate of	46404
operation under section 4105.05 of the Revised Code for an	46405
elevator that is inspected every twelve months in accordance with	46406
division (A) of section 4105.10 of the Revised Code is fifty-five	46407
dollars plus ten dollars for each floor where the elevator stops,	46408
except where the elevator has been inspected by a special	46409
inspector in accordance with section 4105.07 of the Revised Code.	46410

(E) The fee for issuing or renewing a certificate of	46411
operation under section 4105.15 of the Revised Code for an	46412
escalator or moving walk is three hundred dollars, except where	46413
the escalator or moving walk has been inspected by a special	46414
inspector in accordance section 4105.07 of the Revised Code.	46415

(F) All other fees to be charged for any examination given or	46416
other service performed by the division pursuant to this chapter	46417
shall be prescribed by the director of commerce. The fees shall be	46418
reasonably related to the costs of such examination or other	46419
service.	46420

(G) The director of commerce, subject to the approval of the	46421
controlling board, may establish fees in excess of the fees	46422
provided in divisions (A), (B), (C), (D), and (E) of this section.	46423
Any moneys collected under this section shall be paid into the	46424
state treasury to the credit of the ~~labor~~industrial compliance	46425
operating fund created in section 121.084 of the Revised Code.	46426

(H) Any person who fails to pay an inspection fee required	46427
for any inspection conducted by the division pursuant to this	46428
chapter within forty-five days after the inspection is conducted	46429
shall pay a late payment fee equal to twenty-five per cent of the	46430
inspection fee.	46431

(I) In addition to the fees assessed in divisions (A), (B),	46432
(C), (D), and (E) of this section, the board of building standards	46433
shall assess a fee of three dollars and twenty-five cents for each	46434
certificate of operation or renewal thereof issued under divisions	46435
(A), (B), (C), (D), or (E) of this section and for each permit	46436
issued under section 4105.16 of the Revised Code. The board shall	46437
adopt rules, in accordance with Chapter 119. of the Revised Code,	46438
specifying the manner by which the superintendent shall collect	46439
and remit to the board the fees assessed under this division and	46440
requiring that remittance of the fees be made at least quarterly.	46441

(J) For purposes of this section:

46442

(1) "Escalator" means a power driven, inclined, continuous	46443
stairway used for raising or lowering passengers.	46444

(2) "Moving walk" means a passenger carrying device on which	46445
passengers stand or walk, with a passenger carrying surface that	46446
is uninterrupted and remains parallel to its direction of motion.	46447

Sec. 4105.191. Any person owning or operating any elevator	46448
subject to this chapter shall file a written report with the	46449
superintendent of ~~labor~~industrial compliance within seventy-two	46450
hours after the occurrence of any accident involving such elevator	46451
which results in death or bodily injury to any person.	46452

Sec. 4105.20. No person shall violate any law relative to	46453
the operation, construction, maintenance, and repair of elevators.	46454
All fines collected for violation of this section shall be	46455
forwarded to the superintendent of ~~labor~~industrial compliance,	46456
who shall pay them into the state treasury to the credit of the	46457
~~labor~~industrial compliance operating fund created in section	46458
121.084 of the Revised Code.	46459

Sec. 4105.21. The superintendent of ~~labor~~industrial	46460
compliance shall enforce this chapter. If the superintendent or a	46461
general inspector of elevators finds that an elevator or a part	46462
thereof does not afford reasonable safety as required by section	46463
4105.13 of the Revised Code, the superintendent or the general	46464
inspector may seal such elevator and post a notice thereon	46465
prohibiting further use of the elevator until the changes or	46466
alterations set forth in the notice have been made to the	46467
satisfaction of the superintendent or the inspector. The notice	46468
shall contain a statement that operators or passengers are subject	46469
to injury by its continued use, a description of the alteration or	46470
other change necessary to be made in order to secure safety of	46471
operation, date of such notice, name and signature of the	46472
superintendent or inspector issuing the notice.	46473

Sec. 4115.10. (A) No person, firm, corporation, or public	46474
authority that constructs a public improvement with its own	46475
forces, the total overall project cost of which is fairly	46476
estimated to be more than the amounts set forth in division (B) of	46477
section 4115.03 of the Revised Code, adjusted biennially by the	46478
director of commerce pursuant to section 4115.034 of the Revised	46479
Code, as appropriate, shall violate the wage provisions of	46480
sections 4115.03 to 4115.16 of the Revised Code, or suffer,	46481
permit, or require any employee to work for less than the rate of	46482
wages so fixed, or violate the provisions of section 4115.07 of	46483
the Revised Code. Any employee upon any public improvement, except	46484
an employee to whom or on behalf of whom restitution is made	46485
pursuant to division (C) of section 4115.13 of the Revised Code,	46486
who is paid less than the fixed rate of wages applicable thereto	46487
may recover from such person, firm, corporation, or public	46488
authority that constructs a public improvement with its own forces	46489
the difference between the fixed rate of wages and the amount paid	46490
to the employee and in addition thereto a sum equal to twenty-five	46491
per cent of that difference. The person, firm, corporation, or	46492
public authority who fails to pay the rate of wages so fixed also	46493
shall pay a penalty to the director of seventy-five per cent of	46494
the difference between the fixed rate of wages and the amount paid	46495
to the employees on the public improvement. The director shall	46496
deposit all moneys received from penalties paid to the director	46497
pursuant to this section into the ~~labor~~industrial compliance	46498
operating fund. The director shall use the fund for the	46499
enforcement of sections 4115.03 to 4115.16 of the Revised Code.	46500
The employee may file suit for recovery within ninety days of the	46501
director's determination of a violation of sections 4115.03 to	46502
4115.16 of the Revised Code or is barred from further action under	46503
this division. Where the employee prevails in a suit, the employer	46504
shall pay the costs and reasonable attorney's fees allowed by the	46505
court.	46506

(B) Any employee upon any public improvement who is paid less	46507
than the prevailing rate of wages applicable thereto may file a	46508
complaint in writing with the director upon a form furnished by	46509
the director. The complaint shall include documented evidence to	46510
demonstrate that the employee was paid less than the prevailing	46511
wage in violation of this chapter. Upon receipt of a properly	46512
completed written complaint of any employee paid less than the	46513
prevailing rate of wages applicable, the director shall take an	46514
assignment of a claim in trust for the assigning employee and	46515
bring any legal action necessary to collect the claim. The	46516
employer shall pay the costs and reasonable attorney's fees	46517
allowed by the court if the employer is found in violation of	46518
sections 4115.03 to 4115.16 of the Revised Code.	46519

(C) If after investigation pursuant to section 4115.13 of the	46520
Revised Code, the director determines there is a violation of	46521
sections 4115.03 to 4115.16 of the Revised Code and a period of	46522
sixty days has elapsed from the date of the determination, and if:	46523

(1) No employee has brought suit pursuant to division (A) of	46524
this section;	46525

(2) No employee has requested that the director take an	46526
assignment of a wage claim pursuant to division (B) of this	46527
section.	46528

The director shall bring any legal action necessary to	46529
collect any amounts owed to employees and the director. The	46530
director shall pay over to the affected employees the amounts	46531
collected to which the affected employees are entitled under	46532
division (A) of this section. In any action in which the director	46533
prevails, the employer shall pay the costs and reasonable	46534
attorney's fees allowed by the court.	46535

(D) Where persons are employed and their rate of wages has	46536
been determined as provided in section 4115.04 of the Revised	46537
Code, no person, either for self or any other person, shall	46538
request, demand, or receive, either before or after the person is	46539
engaged, that the person so engaged pay back, return, donate,	46540
contribute, or give any part or all of the person's wages, salary,	46541
or thing of value, to any person, upon the statement,	46542
representation, or understanding that failure to comply with such	46543
request or demand will prevent the procuring or retaining of	46544
employment, and no person shall, directly or indirectly, aid,	46545
request, or authorize any other person to violate this section.	46546
This division does not apply to any agent or representative of a	46547
duly constituted labor organization acting in the collection of	46548
dues or assessments of such organization.	46549

(E) The director shall enforce sections 4115.03 to 4115.16 of	46550
the Revised Code.	46551

(F) For the purpose of supplementing existing resources and	46552
to assist in enforcing division (E) of this section, the director	46553
may contract with a person registered as a public accountant under	46554
Chapter 4701. of the Revised Code to conduct an audit of a person,	46555
firm, corporation, or public authority.	46556

(G) No contractor or subcontractor shall be responsible for	46557
the payment of the penalties provided in division (A) of this	46558
section resulting from a violation of sections 4115.03 to 4115.16	46559
of the Revised Code by its subcontractor, provided that the	46560
contractor or subcontractor has made a good faith effort to ensure	46561
that its subcontractor complied with the requirements of sections	46562
4115.03 to 4115.16 of the Revised Code.	46563

Sec. 4115.101. There is hereby created the prevailing wage	46564
custodial fund, which shall be in the custody of the treasurer of	46565
state but shall not be part of the state treasury. The director of	46566
commerce shall deposit to the fund all money paid by employers to	46567
the director that are held in trust for employees to whom	46568
prevailing wages are due and owing. The director shall make	46569
disbursements from the fund in accordance with this chapter to	46570
employees affected by violations of this chapter. If the director	46571
determines that any funds in the prevailing wage custodial fund	46572
are not returnable to employees as required under this section,	46573
then the director shall certify to the treasurer of state the	46574
amount of the funds that are not returnable. Upon the receipt of a	46575
certification from the director in accordance with this section,	46576
the treasurer of state shall transfer the certified amount of the	46577
funds from the prevailing wage custodial fund to the ~~labor~~	46578
industrial compliance operating fund.	46579

Sec. 4121.123. (A) There is hereby created the workers'	46580
compensation board of directors nominating committee consisting of	46581
the following:	46582

(1) Three individuals who are members of affiliated employee	46583
organizations of the Ohio chapter of the American federation of	46584
labor-congress of industrial organizations, who are selected by	46585
the Ohio chapter of the American federation of labor-congress of	46586
industrial organizations and who, on account of their previous	46587
vocation, employment, or affiliations, can be classed as	46588
representative of employees who are members of an employee	46589
organization. Terms of office shall be for one year, with each	46590
term ending on the same day of the same month as did the term that	46591
it succeeds.	46592

(2) Two individuals who, on account of their previous	46593
vocation, employment, or affiliations, can be classed as	46594
representative of employees, one of whom shall be an injured	46595
worker with a valid, open, and active workers' compensation claim	46596
and at least one of these two representatives also shall represent	46597
employees who are not members of an employee organization. The	46598
president of the senate and the speaker of the house of	46599
representatives each shall appoint annually one of these members.	46600
The member who is an injured worker shall serve for a full term	46601
even if the member's workers' compensation claim is invalidated,	46602
closed, or inactivated during the member's term.	46603

(3) The chief executive officer, or the equivalent of the	46604
chief executive officer, of the Ohio chamber of commerce, the Ohio	46605
manufacturers' association, the Ohio self-insurers' association,	46606
the Ohio council of retail merchants, the national federation of	46607
independent business, and the Ohio farm bureau;	46608

(4) The director of development;

46609

(5) The president of the Ohio township association and the	46610
president of the Ohio county commissioners association, or~~, in~~if	46611
any of the following circumstances apply:	46612

(a) In the event of a vacancy in ~~the~~either presidency, a	46613
designee appointed by the governing body authorized to appoint the	46614
president. A designee so appointed shall serve on the nominating	46615
committee only until the vacancy in the presidency is filled.	46616

(b) In the event that the president of the Ohio township	46617
association is unavailable, a designee selected by the president;	46618

(c) In the event that the president of the Ohio county	46619
commissioners association is unavailable, a designee selected by	46620
the president.	46621

(B) Each member appointed under divisions (A)(1) and (2) of	46622
this section shall hold office from the date of the member's	46623
appointment until the end of the term for which the member was	46624
appointed. Such members may be reappointed. Vacancies shall be	46625
filled in the manner provided for original appointments. Any such	46626
member appointed to fill a vacancy occurring prior to the	46627
expiration date of the term for which the member's predecessor was	46628
appointed shall hold office as a member for the remainder of that	46629
term. Such a member shall continue in office subsequent to the	46630
expiration date of the member's term until the member's successor	46631
takes office or until a period of sixty days has elapsed,	46632
whichever occurs first.	46633

(C) The nominating committee shall meet at the request of the	46634
governor or as the nominating committee determines appropriate in	46635
order to make recommendations to the governor for the appointment	46636
of members of the bureau of workers' compensation board of	46637
directors under section 4121.12 of the Revised Code.	46638

(D) The director of development shall serve as chairperson of	46639
the nominating committee and have no voting rights on matters	46640
coming before the nominating committee, except that the director	46641
may vote in the event of a tie vote of the nominating committee.	46642
Annually, the nominating committee shall select a secretary from	46643
among its members. The nominating committee may adopt by-laws	46644
governing its proceedings.	46645

(E) Members of the nominating committee shall be paid their	46646
reasonable and necessary expenses pursuant to section 126.31 of	46647
the Revised Code while engaged in the performance of their duties	46648
as members of the nominating committee.	46649

(F) The nominating committee shall:

46650

(1) Review and evaluate possible appointees for the board. In	46651
reviewing and evaluating possible appointees for the board, the	46652
nominating committee may accept comments from, cooperate with, and	46653
request information from any person.	46654

(2) Make recommendations to the governor for the appointment	46655
of members to the board as provided in division (C) of section	46656
4121.12 of the Revised Code.	46657

(G) The nominating committee may make recommendations to the	46658
general assembly concerning changes in legislation that will	46659
assist the nominating committee in the performance of its duties.	46660

Sec. 4121.30. (A) All rules governing the operating	46661
procedure of the bureau of workers' compensation and the	46662
industrial commission shall be adopted in accordance with Chapter	46663
119. of the Revised Code, except that determinations of the	46664
bureau, district hearing officers, staff hearing officers, and the	46665
commission, with respect to an individual employee's claim to	46666
participate in the state insurance fund are governed only by	46667
Chapter 4123. of the Revised Code.	46668

The administrator of workers' compensation and commission	46669
shall proceed jointly, in accordance with Chapter 119. of the	46670
Revised Code, including a joint hearing, to adopt joint rules	46671
governing the operating procedures of the bureau and commission.	46672
~~The bureau shall publish the joint rules in a single publication.~~	46673

(B) Upon submission to the bureau or the commission of a	46674
petition containing not less than fifteen hundred signatures of	46675
adult residents of the state, any individual may propose a rule	46676
for adoption, amendment, or rescission by the bureau or the	46677
commission. If, upon investigation, the bureau or commission is	46678
satisfied that the signatures upon the petition are valid, it	46679
shall proceed, in accordance with Chapter 119. of the Revised	46680
Code, to consider adoption, amendment, or rescission of the rule.	46681

(C) The administrator shall ~~publish~~make available	46682
electronically all rules adopted by the bureau and the commission	46683
~~in a single publication~~ and shall make available in a timely	46684
manner ~~and at cost copies of~~ all rules adopted by the bureau and	46685
the commission that are currently in force. ~~For that purpose, the~~	46686
~~administrator shall maintain a mailing list of all persons~~	46687
~~requesting copies of the rules.~~	46688

(D) The rule-making authority granted to the administrator	46689
under this section does not limit the commission's rule-making	46690
authority relative to its overall adjudicatory policy-making and	46691
management duties under this chapter and Chapters 4123., 4127.,	46692
and 4131. of the Revised Code. The administrator shall not	46693
disregard any rule adopted by the commission, provided that the	46694
rule is within the commission's rule-making authority.	46695

Sec. 4123.20. The administrator of workers' compensation	46696
shall ~~cause to be printed, in proper form for distribution~~make	46697
available electronically to the public, its classifications,	46698
rates, rules, and rules of procedure, and shall furnish the same	46699
to any person upon ~~application therefor, and the fact that the~~	46700
~~classifications, rates, rules, and rules of procedure are printed~~	46701
~~ready for distribution to all who apply for the same is a~~	46702
~~sufficient publication of the same as required by this chapter~~	46703
request.	46704

Sec. 4123.35. (A) Except as provided in this section, every	46705
employer mentioned in division (B)(2) of section 4123.01 of the	46706
Revised Code, and every publicly owned utility shall pay	46707
semiannually in the months of January and July into the state	46708
insurance fund the amount of annual premium the administrator of	46709
workers' compensation fixes for the employment or occupation of	46710
the employer, the amount of which premium to be paid by each	46711
employer to be determined by the classifications, rules, and rates	46712
made and published by the administrator. The employer shall pay	46713
semiannually a further sum of money into the state insurance fund	46714
as may be ascertained to be due from the employer by applying the	46715
rules of the administrator, and a receipt or certificate	46716
certifying that payment has been made, along with a written notice	46717
as is required in section 4123.54 of the Revised Code, shall be	46718
mailed immediately to the employer by the bureau of workers'	46719
compensation. The receipt or certificate is prima-facie evidence	46720
of the payment of the premium, and the proper posting of the	46721
notice constitutes the employer's compliance with the notice	46722
requirement mandated in section 4123.54 of the Revised Code.	46723

The bureau of workers' compensation shall verify with the	46724
secretary of state the existence of all corporations and	46725
organizations making application for workers' compensation	46726
coverage and shall require every such application to include the	46727
employer's federal identification number.	46728

An employer as defined in division (B)(2) of section 4123.01	46729
of the Revised Code who has contracted with a subcontractor is	46730
liable for the unpaid premium due from any subcontractor with	46731
respect to that part of the payroll of the subcontractor that is	46732
for work performed pursuant to the contract with the employer.	46733

Division (A) of this section providing for the payment of	46734
premiums semiannually does not apply to any employer who was a	46735
subscriber to the state insurance fund prior to January 1, 1914,	46736
or who may first become a subscriber to the fund in any month	46737
other than January or July. Instead, the semiannual premiums shall	46738
be paid by those employers from time to time upon the expiration	46739
of the respective periods for which payments into the fund have	46740
been made by them.	46741

The administrator shall adopt rules to permit employers to	46742
make periodic payments of the semiannual premium due under this	46743
division. The rules shall include provisions for the assessment of	46744
interest charges, where appropriate, and for the assessment of	46745
penalties when an employer fails to make timely premium payments.	46746
An employer who timely pays the amounts due under this division is	46747
entitled to all of the benefits and protections of this chapter.	46748
Upon receipt of payment, the bureau immediately shall mail a	46749
receipt or certificate to the employer certifying that payment has	46750
been made, which receipt is prima-facie evidence of payment.	46751
Workers' compensation coverage under this chapter continues	46752
uninterrupted upon timely receipt of payment under this division.	46753

Every public employer, except public employers that are	46754
self-insuring employers under this section, shall comply with	46755
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in	46756
regard to the contribution of moneys to the public insurance fund.	46757

(B) Employers who will abide by the rules of the	46758
administrator and who may be of sufficient financial ability to	46759
render certain the payment of compensation to injured employees or	46760
the dependents of killed employees, and the furnishing of medical,	46761
surgical, nursing, and hospital attention and services and	46762
medicines, and funeral expenses, equal to or greater than is	46763
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64	46764
to 4123.67 of the Revised Code, and who do not desire to insure	46765
the payment thereof or indemnify themselves against loss sustained	46766
by the direct payment thereof, upon a finding of such facts by the	46767
administrator, may be granted the privilege to pay individually	46768
compensation, and furnish medical, surgical, nursing, and hospital	46769
services and attention and funeral expenses directly to injured	46770
employees or the dependents of killed employees, thereby being	46771
granted status as a self-insuring employer. The administrator may	46772
charge employers who apply for the status as a self-insuring	46773
employer a reasonable application fee to cover the bureau's costs	46774
in connection with processing and making a determination with	46775
respect to an application.	46776

All employers granted status as self-insuring employers shall	46777
demonstrate sufficient financial and administrative ability to	46778
assure that all obligations under this section are promptly met.	46779
The administrator shall deny the privilege where the employer is	46780
unable to demonstrate the employer's ability to promptly meet all	46781
the obligations imposed on the employer by this section.	46782

(1) The administrator shall consider, but is not limited to,	46783
the following factors, where applicable, in determining the	46784
employer's ability to meet all of the obligations imposed on the	46785
employer by this section:	46786

(a) The employer employs a minimum of five hundred employees	46787
in this state;	46788

(b) The employer has operated in this state for a minimum of	46789
two years, provided that an employer who has purchased, acquired,	46790
or otherwise succeeded to the operation of a business, or any part	46791
thereof, situated in this state that has operated for at least two	46792
years in this state, also shall qualify;	46793

(c) Where the employer previously contributed to the state	46794
insurance fund or is a successor employer as defined by bureau	46795
rules, the amount of the buyout, as defined by bureau rules;	46796

(d) The sufficiency of the employer's assets located in this	46797
state to insure the employer's solvency in paying compensation	46798
directly;	46799

(e) The financial records, documents, and data, certified by	46800
a certified public accountant, necessary to provide the employer's	46801
full financial disclosure. The records, documents, and data	46802
include, but are not limited to, balance sheets and profit and	46803
loss history for the current year and previous four years.	46804

(f) The employer's organizational plan for the administration	46805
of the workers' compensation law;	46806

(g) The employer's proposed plan to inform employees of the	46807
change from a state fund insurer to a self-insuring employer, the	46808
procedures the employer will follow as a self-insuring employer,	46809
and the employees' rights to compensation and benefits; and	46810

(h) The employer has either an account in a financial	46811
institution in this state, or if the employer maintains an account	46812
with a financial institution outside this state, ensures that	46813
workers' compensation checks are drawn from the same account as	46814
payroll checks or the employer clearly indicates that payment will	46815
be honored by a financial institution in this state.	46816

The administrator may waive the requirements of divisions	46817
(B)(1)(a) and (b) of this section and the requirement of division	46818
(B)(1)(e) of this section that the financial records, documents,	46819
and data be certified by a certified public accountant. The	46820
administrator shall adopt rules establishing the criteria that an	46821
employer shall meet in order for the administrator to waive the	46822
requirement of division (B)(1)(e) of this section. Such rules may	46823
require additional security of that employer pursuant to division	46824
(E) of section 4123.351 of the Revised Code.	46825

The administrator shall not grant the status of self-insuring	46826
employer to the state, except that the administrator may grant the	46827
status of self-insuring employer to a state institution of higher	46828
education, ~~excluding~~including its hospitals, that meets the	46829
requirements of division (B)(2) of this section.	46830

(2) When considering the application of a public employer,	46831
except for a board of county commissioners described in division	46832
(G) of section 4123.01 of the Revised Code, a board of a county	46833
hospital, or a publicly owned utility, the administrator shall	46834
verify that the public employer satisfies all of the following	46835
requirements as the requirements apply to that public employer:	46836

(a) For the two-year period preceding application under this	46837
section, the public employer has maintained an unvoted debt	46838
capacity equal to at least two times the amount of the current	46839
annual premium established by the administrator under this chapter	46840
for that public employer for the year immediately preceding the	46841
year in which the public employer makes application under this	46842
section.	46843

(b) For each of the two fiscal years preceding application	46844
under this section, the unreserved and undesignated year-end fund	46845
balance in the public employer's general fund is equal to at least	46846
five per cent of the public employer's general fund revenues for	46847
the fiscal year computed in accordance with generally accepted	46848
accounting principles.	46849

(c) For the five-year period preceding application under this	46850
section, the public employer, to the extent applicable, has	46851
complied fully with the continuing disclosure requirements	46852
established in rules adopted by the United States securities and	46853
exchange commission under 17 C.F.R. 240.15c 2-12.	46854

(d) For the five-year period preceding application under this	46855
section, the public employer has not had its local government fund	46856
distribution withheld on account of the public employer being	46857
indebted or otherwise obligated to the state.	46858

(e) For the five-year period preceding application under this	46859
section, the public employer has not been under a fiscal watch or	46860
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03	46861
of the Revised Code.	46862

(f) For the public employer's fiscal year preceding	46863
application under this section, the public employer has obtained	46864
an annual financial audit as required under section 117.10 of the	46865
Revised Code, which has been released by the auditor of state	46866
within seven months after the end of the public employer's fiscal	46867
year.	46868

(g) On the date of application, the public employer holds a	46869
debt rating of Aa3 or higher according to Moody's investors	46870
service, inc., or a comparable rating by an independent rating	46871
agency similar to Moody's investors service, inc.	46872

(h) The public employer agrees to generate an annual	46873
accumulating book reserve in its financial statements reflecting	46874
an actuarially generated reserve adequate to pay projected claims	46875
under this chapter for the applicable period of time, as	46876
determined by the administrator.	46877

(i) For a public employer that is a hospital, the public	46878
employer shall submit audited financial statements showing the	46879
hospital's overall liquidity characteristics, and the	46880
administrator shall determine, on an individual basis, whether the	46881
public employer satisfies liquidity standards equivalent to the	46882
liquidity standards of other public employers.	46883

(j) Any additional criteria that the administrator adopts by	46884
rule pursuant to division (E) of this section.	46885

The administrator may adopt rules establishing the criteria	46886
that a public employer shall satisfy in order for the	46887
administrator to waive any of the requirements listed in divisions	46888
(B)(2)(a) to (j) of this section. The rules may require additional	46889
security from that employer pursuant to division (E) of section	46890
4123.351 of the Revised Code. The administrator shall not waive	46891
any of the requirements listed in divisions (B)(2)(a) to (j) of	46892
this section for a public employer who does not satisfy the	46893
criteria established in the rules the administrator adopts.	46894

(C) A board of county commissioners described in division (G)	46895
of section 4123.01 of the Revised Code, as an employer, that will	46896
abide by the rules of the administrator and that may be of	46897
sufficient financial ability to render certain the payment of	46898
compensation to injured employees or the dependents of killed	46899
employees, and the furnishing of medical, surgical, nursing, and	46900
hospital attention and services and medicines, and funeral	46901
expenses, equal to or greater than is provided for in sections	46902
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised	46903
Code, and that does not desire to insure the payment thereof or	46904
indemnify itself against loss sustained by the direct payment	46905
thereof, upon a finding of such facts by the administrator, may be	46906
granted the privilege to pay individually compensation, and	46907
furnish medical, surgical, nursing, and hospital services and	46908
attention and funeral expenses directly to injured employees or	46909
the dependents of killed employees, thereby being granted status	46910
as a self-insuring employer. The administrator may charge a board	46911
of county commissioners described in division (G) of section	46912
4123.01 of the Revised Code that applies for the status as a	46913
self-insuring employer a reasonable application fee to cover the	46914
bureau's costs in connection with processing and making a	46915
determination with respect to an application. All employers	46916
granted such status shall demonstrate sufficient financial and	46917
administrative ability to assure that all obligations under this	46918
section are promptly met. The administrator shall deny the	46919
privilege where the employer is unable to demonstrate the	46920
employer's ability to promptly meet all the obligations imposed on	46921
the employer by this section. The administrator shall consider,	46922
but is not limited to, the following factors, where applicable, in	46923
determining the employer's ability to meet all of the obligations	46924
imposed on the board as an employer by this section:	46925

(1) The board as an employer employs a minimum of five	46926
hundred employees in this state;	46927

(2) The board has operated in this state for a minimum of two	46928
years;	46929

(3) Where the board previously contributed to the state	46930
insurance fund or is a successor employer as defined by bureau	46931
rules, the amount of the buyout, as defined by bureau rules;	46932

(4) The sufficiency of the board's assets located in this	46933
state to insure the board's solvency in paying compensation	46934
directly;	46935

(5) The financial records, documents, and data, certified by	46936
a certified public accountant, necessary to provide the board's	46937
full financial disclosure. The records, documents, and data	46938
include, but are not limited to, balance sheets and profit and	46939
loss history for the current year and previous four years.	46940

(6) The board's organizational plan for the administration of	46941
the workers' compensation law;	46942

(7) The board's proposed plan to inform employees of the	46943
proposed self-insurance, the procedures the board will follow as a	46944
self-insuring employer, and the employees' rights to compensation	46945
and benefits;	46946

(8) The board has either an account in a financial	46947
institution in this state, or if the board maintains an account	46948
with a financial institution outside this state, ensures that	46949
workers' compensation checks are drawn from the same account as	46950
payroll checks or the board clearly indicates that payment will be	46951
honored by a financial institution in this state;	46952

(9) The board shall provide the administrator a surety bond	46953
in an amount equal to one hundred twenty-five per cent of the	46954
projected losses as determined by the administrator.	46955

(D) The administrator shall require a surety bond from all	46956
self-insuring employers, issued pursuant to section 4123.351 of	46957
the Revised Code, that is sufficient to compel, or secure to	46958
injured employees, or to the dependents of employees killed, the	46959
payment of compensation and expenses, which shall in no event be	46960
less than that paid or furnished out of the state insurance fund	46961
in similar cases to injured employees or to dependents of killed	46962
employees whose employers contribute to the fund, except when an	46963
employee of the employer, who has suffered the loss of a hand,	46964
arm, foot, leg, or eye prior to the injury for which compensation	46965
is to be paid, and thereafter suffers the loss of any other of the	46966
members as the result of any injury sustained in the course of and	46967
arising out of the employee's employment, the compensation to be	46968
paid by the self-insuring employer is limited to the disability	46969
suffered in the subsequent injury, additional compensation, if	46970
any, to be paid by the bureau out of the surplus created by	46971
section 4123.34 of the Revised Code.	46972

(E) In addition to the requirements of this section, the	46973
administrator shall make and publish rules governing the manner of	46974
making application and the nature and extent of the proof required	46975
to justify a finding of fact by the administrator as to granting	46976
the status of a self-insuring employer, which rules shall be	46977
general in their application, one of which rules shall provide	46978
that all self-insuring employers shall pay into the state	46979
insurance fund such amounts as are required to be credited to the	46980
surplus fund in division (B) of section 4123.34 of the Revised	46981
Code. The administrator may adopt rules establishing requirements	46982
in addition to the requirements described in division (B)(2) of	46983
this section that a public employer shall meet in order to qualify	46984
for self-insuring status.	46985

Employers shall secure directly from the bureau central	46986
offices application forms upon which the bureau shall stamp a	46987
designating number. Prior to submission of an application, an	46988
employer shall make available to the bureau, and the bureau shall	46989
review, the information described in division (B)(1) of this	46990
section, and public employers shall make available, and the bureau	46991
shall review, the information necessary to verify whether the	46992
public employer meets the requirements listed in division (B)(2)	46993
of this section. An employer shall file the completed application	46994
forms with an application fee, which shall cover the costs of	46995
processing the application, as established by the administrator,	46996
by rule, with the bureau at least ninety days prior to the	46997
effective date of the employer's new status as a self-insuring	46998
employer. The application form is not deemed complete until all	46999
the required information is attached thereto. The bureau shall	47000
only accept applications that contain the required information.	47001

(F) The bureau shall review completed applications within a	47002
reasonable time. If the bureau determines to grant an employer the	47003
status as a self-insuring employer, the bureau shall issue a	47004
statement, containing its findings of fact, that is prepared by	47005
the bureau and signed by the administrator. If the bureau	47006
determines not to grant the status as a self-insuring employer,	47007
the bureau shall notify the employer of the determination and	47008
require the employer to continue to pay its full premium into the	47009
state insurance fund. The administrator also shall adopt rules	47010
establishing a minimum level of performance as a criterion for	47011
granting and maintaining the status as a self-insuring employer	47012
and fixing time limits beyond which failure of the self-insuring	47013
employer to provide for the necessary medical examinations and	47014
evaluations may not delay a decision on a claim.	47015

(G) The administrator shall adopt rules setting forth	47016
procedures for auditing the program of self-insuring employers.	47017
The bureau shall conduct the audit upon a random basis or whenever	47018
the bureau has grounds for believing that a self-insuring employer	47019
is not in full compliance with bureau rules or this chapter.	47020

The administrator shall monitor the programs conducted by	47021
self-insuring employers, to ensure compliance with bureau	47022
requirements and for that purpose, shall develop and issue to	47023
self-insuring employers standardized forms for use by the	47024
self-insuring employer in all aspects of the self-insuring	47025
employers' direct compensation program and for reporting of	47026
information to the bureau.	47027

The bureau shall receive and transmit to the self-insuring	47028
employer all complaints concerning any self-insuring employer. In	47029
the case of a complaint against a self-insuring employer, the	47030
administrator shall handle the complaint through the	47031
self-insurance division of the bureau. The bureau shall maintain a	47032
file by employer of all complaints received that relate to the	47033
employer. The bureau shall evaluate each complaint and take	47034
appropriate action.	47035

The administrator shall adopt as a rule a prohibition against	47036
any self-insuring employer from harassing, dismissing, or	47037
otherwise disciplining any employee making a complaint, which rule	47038
shall provide for a financial penalty to be levied by the	47039
administrator payable by the offending self-insuring employer.	47040

(H) For the purpose of making determinations as to whether to	47041
grant status as a self-insuring employer, the administrator may	47042
subscribe to and pay for a credit reporting service that offers	47043
financial and other business information about individual	47044
employers. The costs in connection with the bureau's subscription	47045
or individual reports from the service about an applicant may be	47046
included in the application fee charged employers under this	47047
section.	47048

(I) The administrator, notwithstanding other provisions of	47049
this chapter, may permit a self-insuring employer to resume	47050
payment of premiums to the state insurance fund with appropriate	47051
credit modifications to the employer's basic premium rate as such	47052
rate is determined pursuant to section 4123.29 of the Revised	47053
Code.	47054

(J) On the first day of July of each year, the administrator	47055
shall calculate separately each self-insuring employer's	47056
assessments for the safety and hygiene fund, administrative costs	47057
pursuant to section 4123.342 of the Revised Code, and for the	47058
portion of the surplus fund under division (B) of section 4123.34	47059
of the Revised Code that is not used for handicapped	47060
reimbursement, on the basis of the paid compensation attributable	47061
to the individual self-insuring employer according to the	47062
following calculation:	47063

(1) The total assessment against all self-insuring employers	47064
as a class for each fund and for the administrative costs for the	47065
year that the assessment is being made, as determined by the	47066
administrator, divided by the total amount of paid compensation	47067
for the previous calendar year attributable to all amenable	47068
self-insuring employers;	47069

(2) Multiply the quotient in division (J)(1) of this section	47070
by the total amount of paid compensation for the previous calendar	47071
year that is attributable to the individual self-insuring employer	47072
for whom the assessment is being determined. Each self-insuring	47073
employer shall pay the assessment that results from this	47074
calculation, unless the assessment resulting from this calculation	47075
falls below a minimum assessment, which minimum assessment the	47076
administrator shall determine on the first day of July of each	47077
year with the advice and consent of the bureau of workers'	47078
compensation board of directors, in which event, the self-insuring	47079
employer shall pay the minimum assessment.	47080

In determining the total amount due for the total assessment	47081
against all self-insuring employers as a class for each fund and	47082
the administrative assessment, the administrator shall reduce	47083
proportionately the total for each fund and assessment by the	47084
amount of money in the self-insurance assessment fund as of the	47085
date of the computation of the assessment.	47086

The administrator shall calculate the assessment for the	47087
portion of the surplus fund under division (B) of section 4123.34	47088
of the Revised Code that is used for handicapped reimbursement in	47089
the same manner as set forth in divisions (J)(1) and (2) of this	47090
section except that the administrator shall calculate the total	47091
assessment for this portion of the surplus fund only on the basis	47092
of those self-insuring employers that retain participation in the	47093
handicapped reimbursement program and the individual self-insuring	47094
employer's proportion of paid compensation shall be calculated	47095
only for those self-insuring employers who retain participation in	47096
the handicapped reimbursement program. The administrator, as the	47097
administrator determines appropriate, may determine the total	47098
assessment for the handicapped portion of the surplus fund in	47099
accordance with sound actuarial principles.	47100

The administrator shall calculate the assessment for the	47101
portion of the surplus fund under division (B) of section 4123.34	47102
of the Revised Code that under division (D) of section 4121.66 of	47103
the Revised Code is used for rehabilitation costs in the same	47104
manner as set forth in divisions (J)(1) and (2) of this section,	47105
except that the administrator shall calculate the total assessment	47106
for this portion of the surplus fund only on the basis of those	47107
self-insuring employers who have not made the election to make	47108
payments directly under division (D) of section 4121.66 of the	47109
Revised Code and an individual self-insuring employer's proportion	47110
of paid compensation only for those self-insuring employers who	47111
have not made that election.	47112

The administrator shall calculate the assessment for the	47113
portion of the surplus fund under division (B) of section 4123.34	47114
of the Revised Code that is used for reimbursement to a	47115
self-insuring employer under division (H) of section 4123.512 of	47116
the Revised Code in the same manner as set forth in divisions	47117
(J)(1) and (2) of this section except that the administrator shall	47118
calculate the total assessment for this portion of the surplus	47119
fund only on the basis of those self-insuring employers that	47120
retain participation in reimbursement to the self-insuring	47121
employer under division (H) of section 4123.512 of the Revised	47122
Code and the individual self-insuring employer's proportion of	47123
paid compensation shall be calculated only for those self-insuring	47124
employers who retain participation in reimbursement to the	47125
self-insuring employer under division (H) of section 4123.512 of	47126
the Revised Code.	47127

An employer who no longer is a self-insuring employer in this	47128
state or who no longer is operating in this state, shall continue	47129
to pay assessments for administrative costs and for the portion of	47130
the surplus fund under division (B) of section 4123.34 of the	47131
Revised Code that is not used for handicapped reimbursement, based	47132
upon paid compensation attributable to claims that occurred while	47133
the employer was a self-insuring employer within this state.	47134

(K) There is hereby created in the state treasury the	47135
self-insurance assessment fund. All investment earnings of the	47136
fund shall be deposited in the fund. The administrator shall use	47137
the money in the self-insurance assessment fund only for	47138
administrative costs as specified in section 4123.341 of the	47139
Revised Code.	47140

(L) Every self-insuring employer shall certify, in affidavit	47141
form subject to the penalty for perjury, to the bureau the amount	47142
of the self-insuring employer's paid compensation for the previous	47143
calendar year. In reporting paid compensation paid for the	47144
previous year, a self-insuring employer shall exclude from the	47145
total amount of paid compensation any reimbursement the	47146
self-insuring employer receives in the previous calendar year from	47147
the surplus fund pursuant to section 4123.512 of the Revised Code	47148
for any paid compensation. The self-insuring employer also shall	47149
exclude from the paid compensation reported any amount recovered	47150
under section 4123.931 of the Revised Code and any amount that is	47151
determined not to have been payable to or on behalf of a claimant	47152
in any final administrative or judicial proceeding. The	47153
self-insuring employer shall exclude such amounts from the paid	47154
compensation reported in the reporting period subsequent to the	47155
date the determination is made. The administrator shall adopt	47156
rules, in accordance with Chapter 119. of the Revised Code, that	47157
provide for all of the following:	47158

(1) Establishing the date by which self-insuring employers	47159
must submit such information and the amount of the assessments	47160
provided for in division (J) of this section for employers who	47161
have been granted self-insuring status within the last calendar	47162
year;	47163

(2) If an employer fails to pay the assessment when due, the	47164
administrator may add a late fee penalty of not more than five	47165
hundred dollars to the assessment plus an additional penalty	47166
amount as follows:	47167

(a) For an assessment from sixty-one to ninety days past due,	47168
the prime interest rate, multiplied by the assessment due;	47169

(b) For an assessment from ninety-one to one hundred twenty	47170
days past due, the prime interest rate plus two per cent,	47171
multiplied by the assessment due;	47172

(c) For an assessment from one hundred twenty-one to one	47173
hundred fifty days past due, the prime interest rate plus four per	47174
cent, multiplied by the assessment due;	47175

(d) For an assessment from one hundred fifty-one to one	47176
hundred eighty days past due, the prime interest rate plus six per	47177
cent, multiplied by the assessment due;	47178

(e) For an assessment from one hundred eighty-one to two	47179
hundred ten days past due, the prime interest rate plus eight per	47180
cent, multiplied by the assessment due;	47181

(f) For each additional thirty-day period or portion thereof	47182
that an assessment remains past due after it has remained past due	47183
for more than two hundred ten days, the prime interest rate plus	47184
eight per cent, multiplied by the assessment due.	47185

(3) An employer may appeal a late fee penalty and penalty	47186
assessment to the administrator.	47187

For purposes of division (L)(2) of this section, "prime	47188
interest rate" means the average bank prime rate, and the	47189
administrator shall determine the prime interest rate in the same	47190
manner as a county auditor determines the average bank prime rate	47191
under section 929.02 of the Revised Code.	47192

The administrator shall include any assessment and penalties	47193
that remain unpaid for previous assessment periods in the	47194
calculation and collection of any assessments due under this	47195
division or division (J) of this section.	47196

(M) As used in this section, "paid compensation" means all	47197
amounts paid by a self-insuring employer for living maintenance	47198
benefits, all amounts for compensation paid pursuant to sections	47199
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and	47200
4123.64 of the Revised Code, all amounts paid as wages in lieu of	47201
such compensation, all amounts paid in lieu of such compensation	47202
under a nonoccupational accident and sickness program fully funded	47203
by the self-insuring employer, and all amounts paid by a	47204
self-insuring employer for a violation of a specific safety	47205
standard pursuant to Section 35 of Article II, Ohio Constitution	47206
and section 4121.47 of the Revised Code.	47207

(N) Should any section of this chapter or Chapter 4121. of	47208
the Revised Code providing for self-insuring employers'	47209
assessments based upon compensation paid be declared	47210
unconstitutional by a final decision of any court, then that	47211
section of the Revised Code declared unconstitutional shall revert	47212
back to the section in existence prior to November 3, 1989,	47213
providing for assessments based upon payroll.	47214

(O) The administrator may grant a self-insuring employer the	47215
privilege to self-insure a construction project entered into by	47216
the self-insuring employer that is scheduled for completion within	47217
six years after the date the project begins, and the total cost of	47218
which is estimated to exceed one hundred million dollars or, for	47219
employers described in division (R) of this section, if the	47220
construction project is estimated to exceed twenty-five million	47221
dollars. The administrator may waive such cost and time criteria	47222
and grant a self-insuring employer the privilege to self-insure a	47223
construction project regardless of the time needed to complete the	47224
construction project and provided that the cost of the	47225
construction project is estimated to exceed fifty million dollars.	47226
A self-insuring employer who desires to self-insure a construction	47227
project shall submit to the administrator an application listing	47228
the dates the construction project is scheduled to begin and end,	47229
the estimated cost of the construction project, the contractors	47230
and subcontractors whose employees are to be self-insured by the	47231
self-insuring employer, the provisions of a safety program that is	47232
specifically designed for the construction project, and a	47233
statement as to whether a collective bargaining agreement	47234
governing the rights, duties, and obligations of each of the	47235
parties to the agreement with respect to the construction project	47236
exists between the self-insuring employer and a labor	47237
organization.	47238

A self-insuring employer may apply to self-insure the	47239
employees of either of the following:	47240

(1) All contractors and subcontractors who perform labor or	47241
work or provide materials for the construction project;	47242

(2) All contractors and, at the administrator's discretion, a	47243
substantial number of all the subcontractors who perform labor or	47244
work or provide materials for the construction project.	47245

Upon approval of the application, the administrator shall	47246
mail a certificate granting the privilege to self-insure the	47247
construction project to the self-insuring employer. The	47248
certificate shall contain the name of the self-insuring employer	47249
and the name, address, and telephone number of the self-insuring	47250
employer's representatives who are responsible for administering	47251
workers' compensation claims for the construction project. The	47252
self-insuring employer shall post the certificate in a conspicuous	47253
place at the site of the construction project.	47254

The administrator shall maintain a record of the contractors	47255
and subcontractors whose employees are covered under the	47256
certificate issued to the self-insured employer. A self-insuring	47257
employer immediately shall notify the administrator when any	47258
contractor or subcontractor is added or eliminated from inclusion	47259
under the certificate.	47260

Upon approval of the application, the self-insuring employer	47261
is responsible for the administration and payment of all claims	47262
under this chapter and Chapter 4121. of the Revised Code for the	47263
employees of the contractor and subcontractors covered under the	47264
certificate who receive injuries or are killed in the course of	47265
and arising out of employment on the construction project, or who	47266
contract an occupational disease in the course of employment on	47267
the construction project. For purposes of this chapter and Chapter	47268
4121. of the Revised Code, a claim that is administered and paid	47269
in accordance with this division is considered a claim against the	47270
self-insuring employer listed in the certificate. A contractor or	47271
subcontractor included under the certificate shall report to the	47272
self-insuring employer listed in the certificate, all claims that	47273
arise under this chapter and Chapter 4121. of the Revised Code in	47274
connection with the construction project for which the certificate	47275
is issued.	47276

A self-insuring employer who complies with this division is	47277
entitled to the protections provided under this chapter and	47278
Chapter 4121. of the Revised Code with respect to the employees of	47279
the contractors and subcontractors covered under a certificate	47280
issued under this division for death or injuries that arise out	47281
of, or death, injuries, or occupational diseases that arise in the	47282
course of, those employees' employment on that construction	47283
project, as if the employees were employees of the self-insuring	47284
employer, provided that the self-insuring employer also complies	47285
with this section. No employee of the contractors and	47286
subcontractors covered under a certificate issued under this	47287
division shall be considered the employee of the self-insuring	47288
employer listed in that certificate for any purposes other than	47289
this chapter and Chapter 4121. of the Revised Code. Nothing in	47290
this division gives a self-insuring employer authority to control	47291
the means, manner, or method of employment of the employees of the	47292
contractors and subcontractors covered under a certificate issued	47293
under this division.	47294

The contractors and subcontractors included under a	47295
certificate issued under this division are entitled to the	47296
protections provided under this chapter and Chapter 4121. of the	47297
Revised Code with respect to the contractor's or subcontractor's	47298
employees who are employed on the construction project which is	47299
the subject of the certificate, for death or injuries that arise	47300
out of, or death, injuries, or occupational diseases that arise in	47301
the course of, those employees' employment on that construction	47302
project.	47303

The contractors and subcontractors included under a	47304
certificate issued under this division shall identify in their	47305
payroll records the employees who are considered the employees of	47306
the self-insuring employer listed in that certificate for purposes	47307
of this chapter and Chapter 4121. of the Revised Code, and the	47308
amount that those employees earned for employment on the	47309
construction project that is the subject of that certificate.	47310
Notwithstanding any provision to the contrary under this chapter	47311
and Chapter 4121. of the Revised Code, the administrator shall	47312
exclude the payroll that is reported for employees who are	47313
considered the employees of the self-insuring employer listed in	47314
that certificate, and that the employees earned for employment on	47315
the construction project that is the subject of that certificate,	47316
when determining those contractors' or subcontractors' premiums or	47317
assessments required under this chapter and Chapter 4121. of the	47318
Revised Code. A self-insuring employer issued a certificate under	47319
this division shall include in the amount of paid compensation it	47320
reports pursuant to division (L) of this section, the amount of	47321
paid compensation the self-insuring employer paid pursuant to this	47322
division for the previous calendar year.	47323

Nothing in this division shall be construed as altering the	47324
rights of employees under this chapter and Chapter 4121. of the	47325
Revised Code as those rights existed prior to September 17, 1996.	47326
Nothing in this division shall be construed as altering the rights	47327
devolved under sections 2305.31 and 4123.82 of the Revised Code as	47328
those rights existed prior to September 17, 1996.	47329

As used in this division, "privilege to self-insure a	47330
construction project" means privilege to pay individually	47331
compensation, and to furnish medical, surgical, nursing, and	47332
hospital services and attention and funeral expenses directly to	47333
injured employees or the dependents of killed employees.	47334

(P) A self-insuring employer whose application is granted	47335
under division (O) of this section shall designate a safety	47336
professional to be responsible for the administration and	47337
enforcement of the safety program that is specifically designed	47338
for the construction project that is the subject of the	47339
application.	47340

A self-insuring employer whose application is granted under	47341
division (O) of this section shall employ an ombudsperson for the	47342
construction project that is the subject of the application. The	47343
ombudsperson shall have experience in workers' compensation or the	47344
construction industry, or both. The ombudsperson shall perform all	47345
of the following duties:	47346

(1) Communicate with and provide information to employees who	47347
are injured in the course of, or whose injury arises out of	47348
employment on the construction project, or who contract an	47349
occupational disease in the course of employment on the	47350
construction project;	47351

(2) Investigate the status of a claim upon the request of an	47352
employee to do so;	47353

(3) Provide information to claimants, third party	47354
administrators, employers, and other persons to assist those	47355
persons in protecting their rights under this chapter and Chapter	47356
4121. of the Revised Code.	47357

A self-insuring employer whose application is granted under	47358
division (O) of this section shall post the name of the safety	47359
professional and the ombudsperson and instructions for contacting	47360
the safety professional and the ombudsperson in a conspicuous	47361
place at the site of the construction project.	47362

(Q) The administrator may consider all of the following when	47363
deciding whether to grant a self-insuring employer the privilege	47364
to self-insure a construction project as provided under division	47365
(O) of this section:	47366

(1) Whether the self-insuring employer has an organizational	47367
plan for the administration of the workers' compensation law;	47368

(2) Whether the safety program that is specifically designed	47369
for the construction project provides for the safety of employees	47370
employed on the construction project, is applicable to all	47371
contractors and subcontractors who perform labor or work or	47372
provide materials for the construction project, and has as a	47373
component, a safety training program that complies with standards	47374
adopted pursuant to the "Occupational Safety and Health Act of	47375
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing	47376
management and employee involvement;	47377

(3) Whether granting the privilege to self-insure the	47378
construction project will reduce the costs of the construction	47379
project;	47380

(4) Whether the self-insuring employer has employed an	47381
ombudsperson as required under division (P) of this section;	47382

(5) Whether the self-insuring employer has sufficient surety	47383
to secure the payment of claims for which the self-insuring	47384
employer would be responsible pursuant to the granting of the	47385
privilege to self-insure a construction project under division (O)	47386
of this section.	47387

(R) As used in divisions (O), (P), and (Q), "self-insuring	47388
employer" includes the following employers, whether or not they	47389
have been granted the status of being a self-insuring employer	47390
under division (B) of this section:	47391

(1) A state institution of higher education;

47392

(2) A school district;

47393

(3) A county school financing district;

47394

(4) An educational service center;

47395

(5) A community school established under Chapter 3314. of the	47396
Revised Code;	47397

(6) A municipal power agency as defined in section 3734.058	47398
of the Revised Code.	47399

(S) As used in this section:

47400

(1) "Unvoted debt capacity" means the amount of money that a	47401
public employer may borrow without voter approval of a tax levy;	47402

(2) "State institution of higher education" means the state	47403
universities listed in section 3345.011 of the Revised Code,	47404
community colleges created pursuant to Chapter 3354. of the	47405
Revised Code, university branches created pursuant to Chapter	47406
3355. of the Revised Code, technical colleges created pursuant to	47407
Chapter 3357. of the Revised Code, and state community colleges	47408
created pursuant to Chapter 3358. of the Revised Code.	47409

Sec. 4123.54. (A) Except as otherwise provided in ~~division~~	47410
divisions (I) and (K) of this section, every employee, who is	47411
injured or who contracts an occupational disease, and the	47412
dependents of each employee who is killed, or dies as the result	47413
of an occupational disease contracted in the course of employment,	47414
wherever such injury has occurred or occupational disease has been	47415
contracted, provided the same were not:	47416

(1) Purposely self-inflicted; or

47417

(2) Caused by the employee being intoxicated or under the	47418
influence of a controlled substance not prescribed by a physician	47419
where the intoxication or being under the influence of the	47420
controlled substance not prescribed by a physician was the	47421
proximate cause of the injury, is entitled to receive, either	47422
directly from the employee's self-insuring employer as provided in	47423
section 4123.35 of the Revised Code, or from the state insurance	47424
fund, the compensation for loss sustained on account of the	47425
injury, occupational disease, or death, and the medical, nurse,	47426
and hospital services and medicines, and the amount of funeral	47427
expenses in case of death, as are provided by this chapter.	47428

(B) For the purpose of this section, provided that an	47429
employer has posted written notice to employees that the results	47430
of, or the employee's refusal to submit to, any chemical test	47431
described under this division may affect the employee's	47432
eligibility for compensation and benefits pursuant to this chapter	47433
and Chapter 4121. of the Revised Code, there is a rebuttable	47434
presumption that an employee is intoxicated or under the influence	47435
of a controlled substance not prescribed by the employee's	47436
physician and that being intoxicated or under the influence of a	47437
controlled substance not prescribed by the employee's physician is	47438
the proximate cause of an injury under either of the following	47439
conditions:	47440

(1) When any one or more of the following is true:

47441

(a) The employee, through a qualifying chemical test	47442
administered within eight hours of an injury, is determined to	47443
have an alcohol concentration level equal to or in excess of the	47444
levels established in divisions (A)(1)(b) to (i) of section	47445
4511.19 of the Revised Code;	47446

(b) The employee, through a qualifying chemical test	47447
administered within thirty-two hours of an injury, is determined	47448
to have one of the following controlled substances not prescribed	47449
by the employee's physician in the employee's system that tests	47450
above the following levels in an enzyme multiplied immunoassay	47451
technique screening test and above the levels established in	47452
division (B)(1)(c) of this section in a gas chromatography mass	47453
spectrometry test:	47454

(i) For amphetamines, one thousand nanograms per milliliter	47455
of urine;	47456

(ii) For cannabinoids, fifty nanograms per milliliter of	47457
urine;	47458

(iii) For cocaine, including crack cocaine, three hundred	47459
nanograms per milliliter of urine;	47460

(iv) For opiates, two thousand nanograms per milliliter of	47461
urine;	47462

(v) For phencyclidine, twenty-five nanograms per milliliter	47463
of urine.	47464

(c) The employee, through a qualifying chemical test	47465
administered within thirty-two hours of an injury, is determined	47466
to have one of the following controlled substances not prescribed	47467
by the employee's physician in the employee's system that tests	47468
above the following levels by a gas chromatography mass	47469
spectrometry test:	47470

(i) For amphetamines, five hundred nanograms per milliliter	47471
of urine;	47472

(ii) For cannabinoids, fifteen nanograms per milliliter of	47473
urine;	47474

(iii) For cocaine, including crack cocaine, one hundred fifty	47475
nanograms per milliliter of urine;	47476

(iv) For opiates, two thousand nanograms per milliliter of	47477
urine;	47478

(v) For phencyclidine, twenty-five nanograms per milliliter	47479
of urine.	47480

(d) The employee, through a qualifying chemical test	47481
administered within thirty-two hours of an injury, is determined	47482
to have barbiturates, benzodiazepines, methadone, or propoxyphene	47483
in the employee's system that tests above levels established by	47484
laboratories certified by the United States department of health	47485
and human services.	47486

(2) When the employee refuses to submit to a requested	47487
chemical test, on the condition that that employee is or was given	47488
notice that the refusal to submit to any chemical test described	47489
in division (B)(1) of this section may affect the employee's	47490
eligibility for compensation and benefits under this chapter and	47491
Chapter 4121. of the Revised Code.	47492

(C)(1) For purposes of division (B) of this section, a	47493
chemical test is a qualifying chemical test if it is administered	47494
to an employee after an injury under at least one of the following	47495
conditions:	47496

(a) When the employee's employer had reasonable cause to	47497
suspect that the employee may be intoxicated or under the	47498
influence of a controlled substance not prescribed by the	47499
employee's physician;	47500

(b) At the request of a police officer pursuant to section	47501
4511.191 of the Revised Code, and not at the request of the	47502
employee's employer;	47503

(c) At the request of a licensed physician who is not	47504
employed by the employee's employer, and not at the request of the	47505
employee's employer.	47506

(2) As used in division (C)(1)(a) of this section,	47507
"reasonable cause" means, but is not limited to, evidence that an	47508
employee is or was using alcohol or a controlled substance drawn	47509
from specific, objective facts and reasonable inferences drawn	47510
from these facts in light of experience and training. These facts	47511
and inferences may be based on, but are not limited to, any of the	47512
following:	47513

(a) Observable phenomena, such as direct observation of use,	47514
possession, or distribution of alcohol or a controlled substance,	47515
or of the physical symptoms of being under the influence of	47516
alcohol or a controlled substance, such as but not limited to	47517
slurred speech, dilated pupils, odor of alcohol or a controlled	47518
substance, changes in affect, or dynamic mood swings;	47519

(b) A pattern of abnormal conduct, erratic or aberrant	47520
behavior, or deteriorating work performance such as frequent	47521
absenteeism, excessive tardiness, or recurrent accidents, that	47522
appears to be related to the use of alcohol or a controlled	47523
substance, and does not appear to be attributable to other	47524
factors;	47525

(c) The identification of an employee as the focus of a	47526
criminal investigation into unauthorized possession, use, or	47527
trafficking of a controlled substance;	47528

(d) A report of use of alcohol or a controlled substance	47529
provided by a reliable and credible source;	47530

(e) Repeated or flagrant violations of the safety or work	47531
rules of the employee's employer, that are determined by the	47532
employee's supervisor to pose a substantial risk of physical	47533
injury or property damage and that appear to be related to the use	47534
of alcohol or a controlled substance and that do not appear	47535
attributable to other factors.	47536

(D) Nothing in this section shall be construed to affect the	47537
rights of an employer to test employees for alcohol or controlled	47538
substance abuse.	47539

(E) For the purpose of this section, laboratories certified	47540
by the United States department of health and human services or	47541
laboratories that meet or exceed the standards of that department	47542
for laboratory certification shall be used for processing the test	47543
results of a qualifying chemical test.	47544

(F) The written notice required by division (B) of this	47545
section shall be the same size or larger ~~then~~than the certificate	47546
of premium payment notice furnished by the bureau of workers'	47547
compensation and shall be posted by the employer in the same	47548
location as the certificate of premium payment notice or the	47549
certificate of self-insurance.	47550

(G) If a condition that pre-existed an injury is	47551
substantially aggravated by the injury, and that substantial	47552
aggravation is documented by objective diagnostic findings,	47553
objective clinical findings, or objective test results, no	47554
compensation or benefits are payable because of the pre-existing	47555
condition once that condition has returned to a level that would	47556
have existed without the injury.	47557

(H)(1) Whenever, with respect to an employee of an employer	47558
who is subject to and has complied with this chapter, there is	47559
possibility of conflict with respect to the application of	47560
workers' compensation laws because the contract of employment is	47561
entered into and all or some portion of the work is or is to be	47562
performed in a state or states other than Ohio, the employer and	47563
the employee may agree to be bound by the laws of this state or by	47564
the laws of some other state in which all or some portion of the	47565
work of the employee is to be performed. The agreement shall be in	47566
writing and shall be filed with the bureau of workers'	47567
compensation within ten days after it is executed and shall remain	47568
in force until terminated or modified by agreement of the parties	47569
similarly filed. If the agreement is to be bound by the laws of	47570
this state and the employer has complied with this chapter, then	47571
the employee is entitled to compensation and benefits regardless	47572
of where the injury occurs or the disease is contracted and the	47573
rights of the employee and the employee's dependents under the	47574
laws of this state are the exclusive remedy against the employer	47575
on account of injury, disease, or death in the course of and	47576
arising out of the employee's employment. If the agreement is to	47577
be bound by the laws of another state and the employer has	47578
complied with the laws of that state, the rights of the employee	47579
and the employee's dependents under the laws of that state are the	47580
exclusive remedy against the employer on account of injury,	47581
disease, or death in the course of and arising out of the	47582
employee's employment without regard to the place where the injury	47583
was sustained or the disease contracted. If an employer and an	47584
employee enter into an agreement under this division, the fact	47585
that the employer and the employee entered into that agreement	47586
shall not be construed to change the status of an employee whose	47587
continued employment is subject to the will of the employer or the	47588
employee, unless the agreement contains a provision that expressly	47589
changes that status.	47590

(2) If any employee or the employee's dependents pursue	47591
workers' compensation benefits or recover damages from the	47592
employer under the laws of another state, the amount awarded or	47593
recovered, whether paid or to be paid in future installments,	47594
shall be credited on the amount of any award of compensation or	47595
benefits made to the employee or the employee's dependents by the	47596
bureau. If an employee or the employee's dependents pursue or	47597
receive an award of compensation or benefits under this chapter or	47598
Chapter 4121., 4127., or 4131. of the Revised Code for the same	47599
injury, occupational disease, or death for which the employee or	47600
the employee's dependents pursued workers' compensation benefits	47601
and received a decision on the merits as defined in section	47602
4123.542 of the Revised Code under the laws of another state or	47603
recovered damages under the laws of another state, the	47604
administrator or any employer, by any lawful means, may collect	47605
the amount of compensation or benefits paid to or on behalf of the	47606
employee or the employee's dependents by the administrator or a	47607
self-insuring employer pursuant to this chapter or Chapter 4121.,	47608
4127., or 4131. of the Revised Code for that award. The	47609
administrator or any employer also may collect from the employee	47610
or the employee's dependents any costs and attorney's fees the	47611
administrator or the employer incurs in collecting that payment	47612
and any attorney's fees, penalties, interest, awards, and costs	47613
incurred by an employer in contesting or responding to any claim	47614
filed by the employee or the employee's dependents for the same	47615
injury, occupational disease, or death that was filed after the	47616
original claim for which the employee or the employee's dependents	47617
received a decision on the merits as described in section 4123.542	47618
of the Revised Code. If the employee's employer pays premiums into	47619
the state insurance fund, the administrator shall not charge the	47620
amount of compensation or benefits the administrator collects	47621
pursuant to this division to the employer's experience. If the	47622
administrator collects any costs, penalties, interest, awards, or	47623
attorney's fees incurred by a state fund employer, the	47624
administrator shall forward the amount of such costs, penalties,	47625
interest, awards, and attorney's fees the administrator collects	47626
to that employer. If the employee's employer is a self-insuring	47627
employer, the self-insuring employer shall deduct the amount of	47628
compensation or benefits the self-insuring employer collects	47629
pursuant to this division from the paid compensation the	47630
self-insuring employer reports to the administrator under division	47631
(L) of section 4123.35 of the Revised Code.	47632

(3) Except as otherwise stipulated in division (H)(4) of this	47633
section, if an employee is a resident of a state other than this	47634
state and is insured under the workers' compensation law or	47635
similar laws of a state other than this state, the employee and	47636
the employee's dependents are not entitled to receive compensation	47637
or benefits under this chapter, on account of injury, disease, or	47638
death arising out of or in the course of employment while	47639
temporarily within this state, and the rights of the employee and	47640
the employee's dependents under the laws of the other state are	47641
the exclusive remedy against the employer on account of the	47642
injury, disease, or death.	47643

(4) Division (H)(3) of this section does not apply to an	47644
employee described in that division, or the employee's dependents,	47645
unless both of the following apply:	47646

(a) The laws of the other state limit the ability of an	47647
employee who is a resident of this state and is covered by this	47648
chapter and Chapter 4123. of the Revised Code, or the employee's	47649
dependents, to receive compensation or benefits under the other	47650
state's workers' compensation law on account of injury, disease,	47651
or death incurred by the employee that arises out of or in the	47652
course of the employee's employment while temporarily within that	47653
state in the same manner as specified in division (H)(3) of this	47654
section for an employee who is a resident of a state other than	47655
this state, or the employee's dependents;	47656

(b) The laws of the other state limit the liability of the	47657
employer of the employee who is a resident of this state and who	47658
is described in division (H)(4)(a) of this section for that	47659
injury, disease, or death, in the same manner specified in	47660
division (H)(3) of this section for the employer of an employee	47661
who is a resident of the other state.	47662

(5) An employee, or the dependent of an employee, who elects	47663
to receive compensation and benefits under this chapter or Chapter	47664
4121., 4127., or 4131. of the Revised Code for a claim may not	47665
receive compensation and benefits under the workers' compensation	47666
laws of any state other than this state for that same claim. For	47667
each claim submitted by or on behalf of an employee, the	47668
administrator or, if the employee is employed by a self-insuring	47669
employer, the self-insuring employer shall request the employee or	47670
the employee's dependent to sign an election that affirms the	47671
employee's or employee's dependent's acceptance of electing to	47672
receive compensation and benefits under this chapter or Chapter	47673
4121., 4127., or 4131. of the Revised Code for that claim that	47674
also affirmatively waives and releases the employee's or the	47675
employee's dependent's right to file for and receive compensation	47676
and benefits under the laws of any state other than this state for	47677
that claim. The employee or employee's dependent shall sign the	47678
election form within twenty-eight days after the administrator or	47679
self-insuring employer submits the request or the administrator or	47680
self-insuring employer shall suspend that claim until the	47681
administrator or self-insuring employer receives the signed	47682
election form.	47683

(I) If an employee who is covered under the federal	47684
"Longshore and Harbor Workers' Compensation Act," 98 Stat. 1639,	47685
33 U.S.C. 901 et seq., is injured or contracts an occupational	47686
disease or dies as a result of an injury or occupational disease,	47687
and if that employee's or that employee's dependents' claim for	47688
compensation or benefits for that injury, occupational disease, or	47689
death is subject to the jurisdiction of that act, the employee or	47690
the employee's dependents are not entitled to apply for and shall	47691
not receive compensation or benefits under this chapter and	47692
Chapter 4121. of the Revised Code. The rights of such an employee	47693
and the employee's dependents under the federal "Longshore and	47694
Harbor Workers' Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et	47695
seq., are the exclusive remedy against the employer for that	47696
injury, occupational disease, or death.	47697

(J) Compensation or benefits are not payable to a claimant	47698
during the period of confinement of the claimant in any state or	47699
federal correctional institution, or in any county jail in lieu of	47700
incarceration in a state or federal correctional institution,	47701
whether in this or any other state for conviction of violation of	47702
any state or federal criminal law.	47703

(K) An employer, upon the approval of the administrator, may	47704
provide for workers' compensation coverage for the employer's	47705
employees who are professional athletes and coaches by submitting	47706
to the administrator proof of coverage under a league policy	47707
issued under the laws of another state under either of the	47708
following circumstances:	47709

(1) The employer administers the payroll and workers'	47710
compensation insurance for a professional sports team subject to a	47711
collective bargaining agreement, and the collective bargaining	47712
agreement provides for the uniform administration of workers'	47713
compensation benefits and compensation for professional athletes.	47714

(2) The employer is a professional sports league, or is a	47715
member team of a professional sports league, and all of the	47716
following apply:	47717

(a) The professional sports league operates as a single	47718
entity, whereby all of the players and coaches of the sports	47719
league are employees of the sports league and not of the	47720
individual member teams.	47721

(b) The professional sports league at all times maintains	47722
workers' compensation insurance that provides coverage for the	47723
players and coaches of the sports league.	47724

(c) Each individual member team of the professional sports	47725
league, pursuant to the organizational or operating documents of	47726
the sports league, is obligated to the sports league to pay to the	47727
sports league any workers' compensation claims that are not	47728
covered by the workers' compensation insurance maintained by the	47729
sports league.	47730

If the administrator approves the employer's proof of	47731
coverage submitted under division (K) of this section, a	47732
professional athlete or coach who is an employee of the employer	47733
and the dependents of the professional athlete or coach are not	47734
entitled to apply for and shall not receive compensation or	47735
benefits under this chapter and Chapter 4121. of the Revised Code.	47736
The rights of such an athlete or coach and the dependents of such	47737
an athlete or coach under the laws of the state where the policy	47738
was issued are the exclusive remedy against the employer for the	47739
athlete or coach if the athlete or coach suffers an injury or	47740
contracts an occupational disease in the course of employment, or	47741
for the dependents of the athlete or the coach if the athlete or	47742
coach is killed as a result of an injury or dies as a result of an	47743
occupational disease, regardless of the location where the injury	47744
was suffered or the occupational disease was contracted.	47745

Sec. 4123.57. Partial disability compensation shall be paid	47746
as follows.	47747

Except as provided in this section, not earlier than	47748
twenty-six weeks after the date of termination of the latest	47749
period of payments under section 4123.56 of the Revised Code, or	47750
not earlier than twenty-six weeks after the date of the injury or	47751
contraction of an occupational disease in the absence of payments	47752
under section 4123.56 of the Revised Code, the employee may file	47753
an application with the bureau of workers' compensation for the	47754
determination of the percentage of the employee's permanent	47755
partial disability resulting from an injury or occupational	47756
disease.	47757

Whenever the application is filed, the bureau shall send a	47758
copy of the application to the employee's employer or the	47759
employer's representative and shall schedule the employee for a	47760
medical examination by the bureau medical section. The bureau	47761
shall send a copy of the report of the medical examination to the	47762
employee, the employer, and their representatives. Thereafter, the	47763
administrator of workers' compensation shall review the employee's	47764
claim file and make a tentative order as the evidence before the	47765
administrator at the time of the making of the order warrants. If	47766
the administrator determines that there is a conflict of evidence,	47767
the administrator shall send the application, along with the	47768
claimant's file, to the district hearing officer who shall set the	47769
application for a hearing.	47770

The administrator shall notify the employee, the employer,	47771
and their representatives, in writing, of the tentative order and	47772
of the parties' right to request a hearing. Unless the employee,	47773
the employer, or their representative notifies the administrator,	47774
in writing, of an objection to the tentative order within twenty	47775
days after receipt of the notice thereof, the tentative order	47776
shall go into effect and the employee shall receive the	47777
compensation provided in the order. In no event shall there be a	47778
reconsideration of a tentative order issued under this division.	47779

If the employee, the employer, or their representatives	47780
timely notify the administrator of an objection to the tentative	47781
order, the matter shall be referred to a district hearing officer	47782
who shall set the application for hearing with written notices to	47783
all interested persons. Upon referral to a district hearing	47784
officer, the employer may obtain a medical examination of the	47785
employee, pursuant to rules of the industrial commission.	47786

(A) The district hearing officer, upon the application, shall	47787
determine the percentage of the employee's permanent disability,	47788
except as is subject to division (B) of this section, based upon	47789
that condition of the employee resulting from the injury or	47790
occupational disease and causing permanent impairment evidenced by	47791
medical or clinical findings reasonably demonstrable. The employee	47792
shall receive sixty-six and two-thirds per cent of the employee's	47793
average weekly wage, but not more than a maximum of thirty-three	47794
and one-third per cent of the statewide average weekly wage as	47795
defined in division (C) of section 4123.62 of the Revised Code,	47796
per week regardless of the average weekly wage, for the number of	47797
weeks which equals the percentage of two hundred weeks. Except on	47798
application for reconsideration, review, or modification, which is	47799
filed within ten days after the date of receipt of the decision of	47800
the district hearing officer, in no instance shall the former	47801
award be modified unless it is found from medical or clinical	47802
findings that the condition of the claimant resulting from the	47803
injury has so progressed as to have increased the percentage of	47804
permanent partial disability. A staff hearing officer shall hear	47805
an application for reconsideration filed and the staff hearing	47806
officer's decision is final. An employee may file an application	47807
for a subsequent determination of the percentage of the employee's	47808
permanent disability. If such an application is filed, the bureau	47809
shall send a copy of the application to the employer or the	47810
employer's representative. No sooner than sixty days from the date	47811
of the mailing of the application to the employer or the	47812
employer's representative, the administrator shall review the	47813
application. The administrator may require a medical examination	47814
or medical review of the employee. The administrator shall issue a	47815
tentative order based upon the evidence before the administrator,	47816
provided that if the administrator requires a medical examination	47817
or medical review, the administrator shall not issue the tentative	47818
order until the completion of the examination or review.	47819

The employer may obtain a medical examination of the employee	47820
and may submit medical evidence at any stage of the process up to	47821
a hearing before the district hearing officer, pursuant to rules	47822
of the commission. The administrator shall notify the employee,	47823
the employer, and their representatives, in writing, of the nature	47824
and amount of any tentative order issued on an application	47825
requesting a subsequent determination of the percentage of an	47826
employee's permanent disability. An employee, employer, or their	47827
representatives may object to the tentative order within twenty	47828
days after the receipt of the notice thereof. If no timely	47829
objection is made, the tentative order shall go into effect. In no	47830
event shall there be a reconsideration of a tentative order issued	47831
under this division. If an objection is timely made, the	47832
application for a subsequent determination shall be referred to a	47833
district hearing officer who shall set the application for a	47834
hearing with written notice to all interested persons. No	47835
application for subsequent percentage determinations on the same	47836
claim for injury or occupational disease shall be accepted for	47837
review by the district hearing officer unless supported by	47838
substantial evidence of new and changed circumstances developing	47839
since the time of the hearing on the original or last	47840
determination.	47841

No award shall be made under this division based upon a	47842
percentage of disability which, when taken with all other	47843
percentages of permanent disability, exceeds one hundred per cent.	47844
If the percentage of the permanent disability of the employee	47845
equals or exceeds ninety per cent, compensation for permanent	47846
partial disability shall be paid for two hundred weeks.	47847

Compensation payable under this division accrues and is	47848
payable to the employee from the date of last payment of	47849
compensation, or, in cases where no previous compensation has been	47850
paid, from the date of the injury or the date of the diagnosis of	47851
the occupational disease.	47852

When an award under this division has been made prior to the	47853
death of an employee, all unpaid installments accrued or to accrue	47854
under the provisions of the award are payable to the surviving	47855
spouse, or if there is no surviving spouse, to the dependent	47856
children of the employee, and if there are no children surviving,	47857
then to other dependents as the administrator determines.	47858

(B) InFor purposes of this division, "payable per week"	47859
means the seven consecutive day period in which compensation is	47860
paid in installments according to the schedule associated with the	47861
applicable injury as set forth in this division.	47862

Compensation paid in weekly installments according to the	47863
schedule described in this division may only be commuted to one or	47864
more lump-sum payments pursuant to the procedure set forth in	47865
section 4123.64 of the Revised Code.	47866

In cases included in the following schedule the compensation	47867
payable per week to the employee is the statewide average weekly	47868
wage as defined in division (C) of section 4123.62 of the Revised	47869
Code per week and shall ~~continue during the periods provided in~~be	47870
paid in installments according to the following schedule:	47871

For the loss of a first finger, commonly known as a thumb,	47872
sixty weeks.	47873

For the loss of a second finger, commonly called index	47874
finger, thirty-five weeks.	47875

For the loss of a third finger, thirty weeks.

47876

For the loss of a fourth finger, twenty weeks.

47877

For the loss of a fifth finger, commonly known as the little	47878
finger, fifteen weeks.	47879

The loss of a second, or distal, phalange of the thumb is	47880
considered equal to the loss of one half of such thumb; the loss	47881
of more than one half of such thumb is considered equal to the	47882
loss of the whole thumb.	47883

The loss of the third, or distal, phalange of any finger is	47884
considered equal to the loss of one-third of the finger.	47885

The loss of the middle, or second, phalange of any finger is	47886
considered equal to the loss of two-thirds of the finger.	47887

The loss of more than the middle and distal phalanges of any	47888
finger is considered equal to the loss of the whole finger. In no	47889
case shall the amount received for more than one finger exceed the	47890
amount provided in this schedule for the loss of a hand.	47891

For the loss of the metacarpal bone (bones of the palm) for	47892
the corresponding thumb, or fingers, add ten weeks to the number	47893
of weeks under this division.	47894

For ankylosis (total stiffness of) or contractures (due to	47895
scars or injuries) which makes any of the fingers, thumbs, or	47896
parts of either useless, the same number of weeks apply to the	47897
members or parts thereof as given for the loss thereof.	47898

If the claimant has suffered the loss of two or more fingers	47899
by amputation or ankylosis and the nature of the claimant's	47900
employment in the course of which the claimant was working at the	47901
time of the injury or occupational disease is such that the	47902
handicap or disability resulting from the loss of fingers, or loss	47903
of use of fingers, exceeds the normal handicap or disability	47904
resulting from the loss of fingers, or loss of use of fingers, the	47905
administrator may take that fact into consideration and increase	47906
the award of compensation accordingly, but the award made shall	47907
not exceed the amount of compensation for loss of a hand.	47908

For the loss of a hand, one hundred seventy-five weeks.

47909

For the loss of an arm, two hundred twenty-five weeks.

47910

For the loss of a great toe, thirty weeks.

47911

For the loss of one of the toes other than the great toe, ten	47912
weeks.	47913

The loss of more than two-thirds of any toe is considered	47914
equal to the loss of the whole toe.	47915

The loss of less than two-thirds of any toe is considered no	47916
loss, except as to the great toe; the loss of the great toe up to	47917
the interphalangeal joint is co-equal to the loss of one-half of	47918
the great toe; the loss of the great toe beyond the	47919
interphalangeal joint is considered equal to the loss of the whole	47920
great toe.	47921

For the loss of a foot, one hundred fifty weeks.

47922

For the loss of a leg, two hundred weeks.

47923

For the loss of the sight of an eye, one hundred twenty-five	47924
weeks.	47925

For the permanent partial loss of sight of an eye, the	47926
portion of one hundred twenty-five weeks as the administrator in	47927
each case determines, based upon the percentage of vision actually	47928
lost as a result of the injury or occupational disease, but, in no	47929
case shall an award of compensation be made for less than	47930
twenty-five per cent loss of uncorrected vision. "Loss of	47931
uncorrected vision" means the percentage of vision actually lost	47932
as the result of the injury or occupational disease.	47933

For the permanent and total loss of hearing of one ear,	47934
twenty-five weeks; but in no case shall an award of compensation	47935
be made for less than permanent and total loss of hearing of one	47936
ear.	47937

For the permanent and total loss of hearing, one hundred	47938
twenty-five weeks; but, except pursuant to the next preceding	47939
paragraph, in no case shall an award of compensation be made for	47940
less than permanent and total loss of hearing.	47941

In case an injury or occupational disease results in serious	47942
facial or head disfigurement which either impairs or may in the	47943
future impair the opportunities to secure or retain employment,	47944
the administrator shall make an award of compensation as it deems	47945
proper and equitable, in view of the nature of the disfigurement,	47946
and not to exceed the sum of ten thousand dollars. For the purpose	47947
of making the award, it is not material whether the employee is	47948
gainfully employed in any occupation or trade at the time of the	47949
administrator's determination.	47950

When an award under this division has been made prior to the	47951
death of an employee all unpaid installments accrued or to accrue	47952
under the provisions of the award shall be payable to the	47953
surviving spouse, or if there is no surviving spouse, to the	47954
dependent children of the employee and if there are no such	47955
children, then to such dependents as the administrator determines.	47956

When an employee has sustained the loss of a member by	47957
severance, but no award has been made on account thereof prior to	47958
the employee's death, the administrator shall make an award in	47959
accordance with this division for the loss which shall be payable	47960
to the surviving spouse, or if there is no surviving spouse, to	47961
the dependent children of the employee and if there are no such	47962
children, then to such dependents as the administrator determines.	47963

(C) Compensation for partial impairment under divisions (A)	47964
and (B) of this section is in addition to the compensation paid	47965
the employee pursuant to section 4123.56 of the Revised Code. A	47966
claimant may receive compensation under divisions (A) and (B) of	47967
this section.	47968

In all cases arising under division (B) of this section, if	47969
it is determined by any one of the following: (1) the amputee	47970
clinic at University hospital, Ohio state university; (2) the	47971
rehabilitation services commission; (3) an amputee clinic or	47972
prescribing physician approved by the administrator or the	47973
administrator's designee, that an injured or disabled employee is	47974
in need of an artificial appliance, or in need of a repair	47975
thereof, regardless of whether the appliance or its repair will be	47976
serviceable in the vocational rehabilitation of the injured	47977
employee, and regardless of whether the employee has returned to	47978
or can ever again return to any gainful employment, the bureau	47979
shall pay the cost of the artificial appliance or its repair out	47980
of the surplus created by division (B) of section 4123.34 of the	47981
Revised Code.	47982

In those cases where a rehabilitation services commission	47983
recommendation that an injured or disabled employee is in need of	47984
an artificial appliance would conflict with their state plan,	47985
adopted pursuant to the "Rehabilitation Act of 1973," 87 Stat.	47986
355, 29 U.S.C.A. 701, the administrator or the administrator's	47987
designee or the bureau may obtain a recommendation from an amputee	47988
clinic or prescribing physician that they determine appropriate.	47989

(D) If an employee of a state fund employer makes application	47990
for a finding and the administrator finds that the employee has	47991
contracted silicosis as defined in division (X), or coal miners'	47992
pneumoconiosis as defined in division (Y), or asbestosis as	47993
defined in division (AA) of section 4123.68 of the Revised Code,	47994
and that a change of such employee's occupation is medically	47995
advisable in order to decrease substantially further exposure to	47996
silica dust, asbestos, or coal dust and if the employee, after the	47997
finding, has changed or shall change the employee's occupation to	47998
an occupation in which the exposure to silica dust, asbestos, or	47999
coal dust is substantially decreased, the administrator shall	48000
allow to the employee an amount equal to fifty per cent of the	48001
statewide average weekly wage per week for a period of thirty	48002
weeks, commencing as of the date of the discontinuance or change,	48003
and for a period of one hundred weeks immediately following the	48004
expiration of the period of thirty weeks, the employee shall	48005
receive sixty-six and two-thirds per cent of the loss of wages	48006
resulting directly and solely from the change of occupation but	48007
not to exceed a maximum of an amount equal to fifty per cent of	48008
the statewide average weekly wage per week. No such employee is	48009
entitled to receive more than one allowance on account of	48010
discontinuance of employment or change of occupation and benefits	48011
shall cease for any period during which the employee is employed	48012
in an occupation in which the exposure to silica dust, asbestos,	48013
or coal dust is not substantially less than the exposure in the	48014
occupation in which the employee was formerly employed or for any	48015
period during which the employee may be entitled to receive	48016
compensation or benefits under section 4123.68 of the Revised Code	48017
on account of disability from silicosis, asbestosis, or coal	48018
miners' pneumoconiosis. An award for change of occupation for a	48019
coal miner who has contracted coal miners' pneumoconiosis may be	48020
granted under this division even though the coal miner continues	48021
employment with the same employer, so long as the coal miner's	48022
employment subsequent to the change is such that the coal miner's	48023
exposure to coal dust is substantially decreased and a change of	48024
occupation is certified by the claimant as permanent. The	48025
administrator may accord to the employee medical and other	48026
benefits in accordance with section 4123.66 of the Revised Code.	48027

(E) If a firefighter or police officer makes application for	48028
a finding and the administrator finds that the firefighter or	48029
police officer has contracted a cardiovascular and pulmonary	48030
disease as defined in division (W) of section 4123.68 of the	48031
Revised Code, and that a change of the firefighter's or police	48032
officer's occupation is medically advisable in order to decrease	48033
substantially further exposure to smoke, toxic gases, chemical	48034
fumes, and other toxic vapors, and if the firefighter, or police	48035
officer, after the finding, has changed or changes occupation to	48036
an occupation in which the exposure to smoke, toxic gases,	48037
chemical fumes, and other toxic vapors is substantially decreased,	48038
the administrator shall allow to the firefighter or police officer	48039
an amount equal to fifty per cent of the statewide average weekly	48040
wage per week for a period of thirty weeks, commencing as of the	48041
date of the discontinuance or change, and for a period of	48042
seventy-five weeks immediately following the expiration of the	48043
period of thirty weeks the administrator shall allow the	48044
firefighter or police officer sixty-six and two-thirds per cent of	48045
the loss of wages resulting directly and solely from the change of	48046
occupation but not to exceed a maximum of an amount equal to fifty	48047
per cent of the statewide average weekly wage per week. No such	48048
firefighter or police officer is entitled to receive more than one	48049
allowance on account of discontinuance of employment or change of	48050
occupation and benefits shall cease for any period during which	48051
the firefighter or police officer is employed in an occupation in	48052
which the exposure to smoke, toxic gases, chemical fumes, and	48053
other toxic vapors is not substantially less than the exposure in	48054
the occupation in which the firefighter or police officer was	48055
formerly employed or for any period during which the firefighter	48056
or police officer may be entitled to receive compensation or	48057
benefits under section 4123.68 of the Revised Code on account of	48058
disability from a cardiovascular and pulmonary disease. The	48059
administrator may accord to the firefighter or police officer	48060
medical and other benefits in accordance with section 4123.66 of	48061
the Revised Code.	48062

(F) An order issued under this section is appealable pursuant	48063
to section 4123.511 of the Revised Code but is not appealable to	48064
court under section 4123.512 of the Revised Code.	48065

Sec. 4141.35. (A) If the director of job and family services	48066
finds that any fraudulent misrepresentation has been made by an	48067
applicant for or a recipient of benefits with the object of	48068
obtaining benefits to which the applicant or recipient was not	48069
entitled, and in addition to any other penalty or forfeiture under	48070
this chapter, then the director:	48071

(1) Shall within four years after the end of the benefit year	48072
in which the fraudulent misrepresentation was made reject or	48073
cancel such person's entire weekly claim for benefits that was	48074
fraudulently claimed, or the person's entire benefit rights if the	48075
misrepresentation was in connection with the filing of the	48076
claimant's application for determination of benefit rights;	48077

(2) Shall by order declare that, for each application for	48078
benefit rights and for each weekly claim canceled, such person	48079
shall be ineligible for two otherwise valid weekly claims for	48080
benefits, claimed within six years subsequent to the discovery of	48081
such misrepresentation;	48082

(3) By order shall require that the total amount of benefits	48083
rejected or canceled under division (A)(1) of this section be	48084
repaid to the director before such person may become eligible for	48085
further benefits, and shall withhold such unpaid sums from future	48086
benefit payments accruing and otherwise payable to such claimant.	48087
Effective with orders issued on or after January 1, 1993, if such	48088
benefits are not repaid within thirty days after the director's	48089
order becomes final, interest on the amount remaining unpaid shall	48090
be charged to the person at a rate and calculated in the same	48091
manner as provided under section 4141.23 of the Revised Code. When	48092
a person ordered to repay benefits has repaid all overpaid	48093
benefits according to a plan approved by the director, the	48094
director may cancel the amount of interest that accrued during the	48095
period of the repayment plan. The director may take action in ~~the~~	48096
~~courts~~any court of ~~this state~~competent jurisdiction to collect	48097
benefits and interest as provided in sections 4141.23 and 4141.27	48098
of the Revised Code, in regard to the collection of unpaid	48099
contributions, using the final repayment order as the basis for	48100
such action. NoExcept as otherwise provided in this division, no	48101
administrative or legal proceedings for the collection of such	48102
benefits or interest due shall be initiated after the expiration	48103
of six years from the date on which the director's order requiring	48104
repayment became final and the amount of any benefits or interest	48105
not recovered at that time, and any liens thereon, shall be	48106
canceled as uncollectible. The time limit for instituting	48107
proceedings shall be extended by the period of any stay to the	48108
collection or by any other time period to which the parties	48109
mutually agree.	48110

(4) May take action to collect benefits fraudulently obtained	48111
under the unemployment compensation law of any other state or the	48112
United States or Canada. Such action may be initiated in the	48113
courts of this state in the same manner as provided for unpaid	48114
contributions in section 4141.41 of the Revised Code.	48115

(5) May take action to collect benefits that have been	48116
fraudulently obtained from the director, interest pursuant to	48117
division (A)(3) of this section, and court costs, through	48118
attachment proceedings under Chapter 2715. of the Revised Code and	48119
garnishment proceedings under Chapter 2716. of the Revised Code.	48120

(B) If the director finds that an applicant for benefits has	48121
been credited with a waiting period or paid benefits to which the	48122
applicant was not entitled for reasons other than fraudulent	48123
misrepresentation, the director shall:	48124

(1)(a) Within six months after the determination under which	48125
the claimant was credited with that waiting period or paid	48126
benefits becomes final pursuant to section 4141.28 of the Revised	48127
Code, or within three years after the end of the benefit year in	48128
which such benefits were claimed, whichever is later, by order	48129
cancel such waiting period and require that such benefits be	48130
repaid to the director or be withheld from any benefits to which	48131
such applicant is or may become entitled before any additional	48132
benefits are paid, provided that the repayment or withholding	48133
shall not be required where the overpayment is the result of the	48134
director's correcting a prior decision due to a typographical or	48135
clerical error in the director's prior decision, or an error in an	48136
employer's report under division (G) of section 4141.28 of the	48137
Revised Code.	48138

(b) The limitation specified in division (B)(1)(a) of this	48139
section shall not apply to cases involving the retroactive payment	48140
of remuneration covering periods for which benefits were	48141
previously paid to the claimant. However, in such cases, the	48142
director's order requiring repayment shall not be issued unless	48143
the director is notified of such retroactive payment within six	48144
months from the date the retroactive payment was made to the	48145
claimant.	48146

(2) The director may, by reciprocal agreement with the United	48147
States secretary of labor or another state, recover overpayment	48148
amounts from unemployment benefits otherwise payable to an	48149
individual under Chapter 4141. of the Revised Code. Any	48150
overpayments made to the individual that have not previously been	48151
recovered under an unemployment benefit program of the United	48152
States may be recovered in accordance with section 303(g) of the	48153
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the	48154
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A.	48155
3301 to 3311.	48156

(3) If the amounts required to be repaid under division (B)	48157
of this section are not recovered within three years from the date	48158
the director's order requiring payment became final, initiate no	48159
further action to collect such benefits and the amount of any	48160
benefits not recovered at that time shall be canceled as	48161
uncollectible, provided that the time limit for collection shall	48162
be extended by the period of any stay to the collection or by any	48163
other time period to which the parties mutually agree.	48164

(C) The appeal provisions of sections 4141.281 and 4141.282	48165
of the Revised Code shall apply to all orders and determinations	48166
issued under this section, except that an individual's right of	48167
appeal under division (B)(2) of this section shall be limited to	48168
this state's authority to recover overpayment of benefits.	48169

(D) If an individual makes a full repayment or a repayment	48170
that is less than the full amount required by this section, the	48171
director shall apply the repayment to the mutualized account under	48172
division (B) of section 4141.25 of the Revised Code, except that	48173
the director shall credit the repayment to the accounts of the	48174
individual's base period employers that previously have not been	48175
credited for the amount of improperly paid benefits charged	48176
against their accounts based on the proportion of benefits charged	48177
against the accounts as determined pursuant to division (D) of	48178
section 4141.24 of the Revised Code.	48179

The director shall deposit any repayment collected under this	48180
section that the director determines to be payment of interest or	48181
court costs into the unemployment compensation special	48182
administrative fund established pursuant to section 4141.11 of the	48183
Revised Code.	48184

Sec. 4163.07. (A)(1) Prior to transporting any high-level	48185
radioactive waste, spent nuclear fuel, transuranic waste, or any	48186
quantity of special nuclear material or by-product material that	48187
meets or exceeds the highway route controlled quantity, within,	48188
into, or through the state, the shipper of the material shall	48189
notify the executive director of the emergency management agency	48190
established under section 5502.22 of the Revised Code of the	48191
shipment. The notice shall be in writing and be sent by certified	48192
mail and shall include the name of the shipper; the name of the	48193
carrier; the type and quantity of the material; the transportation	48194
mode of the shipment; the proposed date and time of shipment of	48195
the material within, into, or through the state; and the starting	48196
point, termination or exit point, scheduled route, and each	48197
alternate route, if any, of the shipment. In order to constitute	48198
effective notification under division (A)(1) of this section,	48199
notification shall be received by the executive director at least	48200
four days prior to shipment within, into, or through the state.	48201

(2) The carrier or shipper of any shipment subject to	48202
division (A)(1) of this section shall immediately notify the	48203
executive director of any change in the date and time of the	48204
shipment or in the route of the shipment within, into, or through	48205
the state.	48206

(B) Upon receipt of a notice of any shipment of material that	48207
is subject to division (A)(1) of this section within, into, or	48208
through the state, the executive director of the emergency	48209
management agency shall immediately notify the director of public	48210
safety, the director of environmental protection, the director of	48211
health, the chairperson of the public utilities commission, and	48212
the county emergency management agency and sheriff of each county	48213
along the proposed route, or any alternate route, of the shipment.	48214

(C) The executive director of the emergency management agency	48215
shall not disclose to any person other than those persons	48216
enumerated in division (B) of this section any information	48217
pertaining to any shipment of special nuclear material or	48218
by-product material prior to the time that the shipment is	48219
completed.	48220

(D) This section does not apply to radioactive materials,	48221
other than by-products, shipped by or for the United States	48222
department of defense and United States department of energy for	48223
military or national defense purposes. Nothing in this section	48224
requires the disclosure of any defense information or restricted	48225
data as defined in the "Atomic Energy Act of 1954," 68 Stat. 919,	48226
42 U.S.C. 2011, as amended.	48227

(E) No person shall transport or cause to be transported	48228
within, into, or through the state any material that is subject to	48229
division (A)(1) of this section without first providing the notice	48230
required in that division.	48231

(F) Whoever violates division (E) of this section, in	48232
addition to any penalty imposed under section 4163.99 of the	48233
Revised Code, is liable for a civil penalty in an amount not to	48234
exceed the following, as applicable:	48235

(1) Twenty-five thousand dollars for a motor carrier, as	48236
defined in section 4923.01 of the Revised Code;	48237

(2) Forty-five thousand dollars for the first cask designated	48238
for transport by rail and thirty thousand dollars for each	48239
additional cask designated for transport by rail that is shipped	48240
by the same person or entity in the same shipment.	48241

The attorney general, upon the request of the executive	48242
director of the emergency management agency, shall bring a civil	48243
action to collect the penalty. Fines collected pursuant to this	48244
section shall be deposited into the state treasury to the credit	48245
of the ~~radioactive waste~~public utilities transportation safety	48246
fund created in section ~~4905.801~~4921.21 of the Revised Code.	48247

Sec. 4169.02. (A) For the purposes of regulating the	48248
construction, maintenance, mechanical operation, and inspection of	48249
passenger tramways that are associated with ski areas and of	48250
registering operators of passenger tramways in this state, there	48251
is hereby established in the division of ~~labor~~industrial	48252
compliance in the department of commerce a ski tramway board to be	48253
appointed by the governor, with the advice and consent of the	48254
senate. The board shall consist of three members, one of whom	48255
shall be a public member who is an experienced skier and familiar	48256
with ski areas in this state, one of whom shall be a ski area	48257
operator actively engaged in the business of recreational skiing	48258
in this state, and one of whom shall be a professional engineer	48259
who is knowledgeable in the design or operation of passenger	48260
tramways.	48261

Of the initial appointments, one member shall be appointed	48262
for a term of one year, one for a term of two years, and one for a	48263
term of three years. The member appointed to the term beginning on	48264
July 1, 1996, shall be appointed to a term ending on June 30,	48265
1997; the member appointed to a term beginning on July 1, 1997,	48266
shall be appointed to a term ending on June 30, 1999; and the	48267
member appointed to a term beginning on July 1, 1998, shall be	48268
appointed to a term ending on June 30, 2001. Thereafter, each of	48269
the members shall be appointed for a term of six years. Each	48270
member shall hold office from the date of appointment until the	48271
end of the term for which the member was appointed. In the event	48272
of a vacancy, the governor, with the advice and consent of the	48273
senate, shall appoint a successor who shall hold office for the	48274
remainder of the term for which the successor's predecessor was	48275
appointed. A member shall continue in office subsequent to the	48276
expiration date of the member's term until the member's successor	48277
takes office or until a period of sixty days has elapsed,	48278
whichever occurs first. The board shall elect a chairperson from	48279
its members.	48280

The governor may remove any member of the board at any time	48281
for misfeasance, nonfeasance, or malfeasance in office after	48282
giving the member a copy of the charges against the member and an	48283
opportunity to be heard publicly in person or by counsel in the	48284
member's defense. Any such act of removal by the governor is	48285
final. A statement of the findings of the governor, the reason for	48286
the governor's action, and the answer, if any, of the member shall	48287
be filed by the governor with the secretary of state and shall be	48288
open to public inspection.	48289

Members of the board shall be paid two hundred fifty dollars	48290
for each meeting that the member attends, except that no member	48291
shall be paid or receive more than seven hundred fifty dollars for	48292
attending meetings during any calendar year. Each member shall be	48293
reimbursed for the member's actual and necessary expenses incurred	48294
in the performance of official board duties. The chairperson shall	48295
be paid two hundred fifty dollars annually in addition to any	48296
compensation the chairperson receives under this division for	48297
attending meetings and any other compensation the chairperson	48298
receives for serving on the board.	48299

The division shall provide the board with such offices and	48300
such clerical, professional, and other assistance as may be	48301
reasonably necessary for the board to carry on its work. The	48302
division shall maintain accurate copies of the board's rules as	48303
promulgated in accordance with division (B) of this section and	48304
shall keep all of the board's records, including business records,	48305
and inspection reports as well as its own records and reports. The	48306
cost of administering the board and conducting inspections shall	48307
be included in the budget of the division based on revenues	48308
generated by the registration fees established under section	48309
4169.03 of the Revised Code.	48310

(B) In accordance with Chapter 119. of the Revised Code, the	48311
board shall adopt and may amend or rescind rules relating to	48312
public safety in the construction, maintenance, mechanical	48313
operation, and inspection of passenger tramways. The rules shall	48314
be in accordance with established standards in the business of ski	48315
area operation, if any, and shall not discriminate in their	48316
application to ski area operators.	48317

No person shall violate the rules of the board.

48318

(C) The authority of the board shall not extend to any matter	48319
relative to the operation of a ski area other than the	48320
construction, maintenance, mechanical operation, and inspection of	48321
passenger tramways.	48322

(D) A majority of the board constitutes a quorum and may	48323
perform and exercise all the duties and powers devolving upon the	48324
board.	48325

Sec. 4169.03. (A) Before a passenger tramway operator may	48326
operate any passenger tramway in the state, the operator shall	48327
apply to the ski tramway board, on forms prepared by it, for	48328
registration by the board. The application shall contain an	48329
inventory of the passenger tramways that the applicant intends to	48330
operate and other information as the board may reasonably require	48331
and shall be accompanied by the following annual fees:	48332

(1) Each aerial passenger tramway, five hundred dollars;

48333

(2) Each skimobile, two hundred dollars;

48334

(3) Each chair lift, two hundred dollars;

48335

(4) Each J bar, T bar, or platter pull, one hundred dollars;

48336

(5) Each rope tow, fifty dollars;

48337

(6) Each wire rope tow, seventy-five dollars;

48338

(7) Each conveyor, one hundred dollars.

48339

When an operator operates an aerial passenger tramway, a	48340
skimobile, or a chair lift during both a winter and summer season,	48341
the annual fee shall be one and one-half the above amount for the	48342
respective passenger tramway.	48343

(B) Upon payment of the appropriate annual fees in accordance	48344
with division (A) of this section, the board shall issue a	48345
registration certificate to the operator. Each certificate shall	48346
remain in force until the thirtieth day of September next ensuing.	48347
The board shall renew an operator's certificate in accordance with	48348
the standard renewal procedure in Chapter 4745. of the Revised	48349
Code upon payment of the appropriate annual fees.	48350

(C) Money received from the registration fees and from the	48351
fines collected pursuant to section 4169.99 of the Revised Code	48352
shall be paid into the state treasury to the credit of the ~~labor~~	48353
industrial compliance operating fund created in section 121.084 of	48354
the Revised Code.	48355

(D) No person shall operate a passenger tramway in this state	48356
unless the person has been registered by the board.	48357

Sec. 4169.04. (A) The division of ~~labor~~industrial	48358
compliance in the department of commerce shall make such	48359
inspection of the construction, maintenance, and mechanical	48360
operation of passenger tramways as the ski tramway board may	48361
reasonably require. The division may contract with other qualified	48362
engineers to make such inspection or may accept the inspection	48363
report by any qualified inspector of an insurance company	48364
authorized to insure passenger tramways in this state.	48365

(B) If, as the result of an inspection, an employee of the	48366
division or other agent with whom the division has contracted	48367
finds that a violation of the board's rules exists or a condition	48368
in passenger tramway construction, maintenance, or mechanical	48369
operation exists that endangers public safety, the employee or	48370
agent shall make an immediate report to the board for appropriate	48371
investigation and order.	48372

Sec. 4171.04. (A) Before a person may operate any roller	48373
skating rink in the state, the person shall:	48374

(1) Apply to the superintendent of ~~labor~~industrial	48375
compliance in the department of commerce on forms designated by	48376
the superintendent for a certificate of registration;	48377

(2) Provide an inventory of all the roller skating rinks that	48378
the applicant intends to operate, and any other information the	48379
superintendent may reasonably require on the application;	48380

(3) Include with the application a registration fee of	48381
twenty-five dollars for each roller skating rink to be operated by	48382
the applicant.	48383

(B) Upon compliance with division (A) of this section, the	48384
superintendent shall issue a certificate of registration to the	48385
operator for each roller skating rink to be operated by the	48386
applicant. Each certificate shall remain in force as follows:	48387

(1) Until the thirty-first day of December next ensuing; or

48388

(2) For sixty days after the dissolution of a partnership.

48389

(C) In case of the dissolution of a partnership by death, the	48390
surviving partner or partners may operate a roller skating rink	48391
pursuant to the certificate of registration obtained by the	48392
partnership in accordance with this chapter for a period of sixty	48393
days following dissolution. The heirs or representatives of	48394
deceased persons and receivers or trustees in bankruptcy appointed	48395
by any competent authority may operate under the certificate of	48396
registration of the person succeeded in possession.	48397

(D) The superintendent shall renew an operator's certificate	48398
of registration in accordance with the standard license renewal	48399
procedure set forth in Chapter 4745. of the Revised Code upon	48400
payment of a renewal fee of twenty-five dollars for each roller	48401
skating rink to be operated by the applicant.	48402

(E) Money received from the registration and renewal fees	48403
collected pursuant to this chapter shall be paid into the state	48404
treasury to the credit of the ~~labor~~industrial compliance	48405
operating fund created in section 121.084 of the Revised Code.	48406

Sec. 4301.30. (A) All fees collected by the division of	48407
liquor control shall be deposited in the state treasury to the	48408
credit of the undivided liquor permit fund, which is hereby	48409
created, at the time prescribed under section 4301.12 of the	48410
Revised Code. Each payment shall be accompanied by a statement	48411
showing separately the amount collected for each class of permits	48412
in each municipal corporation and in each township outside the	48413
limits of any municipal corporation in such township. An	48414

(B)(1) An amount equal to forty-five per cent of the fund	48415
shall be paid from the fund into the state liquor regulatory fund,	48416
which is hereby created in the state treasury. The state liquor	48417
regulatory fund shall be used to pay the operating expenses of the	48418
division of liquor control in administering and enforcing Title	48419
XLIII of the Revised Code and the operating expenses of the liquor	48420
control commission. Investment earnings of the fund shall be	48421
credited to the fund.	48422

(2) Whenever, in the judgment of the director of budget and	48423
management, the amount of money that is in the state liquor	48424
regulatory fund is in excess of the amount that is needed to pay	48425
the operating expenses of the division in administering and	48426
enforcing Title XLIII of the Revised Code and the operating	48427
expenses of the commission, the director shall credit the excess	48428
amount to the general revenue fund.	48429

(C) Twenty per cent of the undivided liquor permit fund shall	48430
be paid into the statewide treatment and prevention fund, which is	48431
hereby created in the state treasury. This amount shall be	48432
appropriated by the general assembly, together with an amount	48433
equal to one and one-half per cent of the gross profit of the	48434
division of liquor control derived under division (B)(4) of	48435
section 4301.10 of the Revised Code, to the department of alcohol	48436
and drug addiction services. In planning for the allocation of and	48437
in allocating these amounts for the purposes of Chapter 3793. of	48438
the Revised Code, the department of alcohol and drug addiction	48439
services shall comply with the nondiscrimination provisions of	48440
Title VI of the Civil Rights Act of 1964, and any rules adopted	48441
under that act.	48442

(D) Thirty-five per cent of the undivided liquor permit fund	48443
shall be distributed by the superintendent of liquor control at	48444
quarterly calendar periods as follows:	48445

~~(A)~~(1) To each municipal corporation, the aggregate amount	48446
shown by the statements to have been collected from permits in the	48447
municipal corporation, for the use of the general fund of the	48448
municipal corporation;	48449

~~(B)~~(2) To each township, the aggregate amount shown by the	48450
statements to have been collected from permits in its territory,	48451
outside the limits of any municipal corporation located in the	48452
township, for the use of the general fund of the township, or for	48453
fire protection purposes, including buildings and equipment in the	48454
township or in an established fire district within the township,	48455
to the extent that the funds are derived from liquor permits	48456
within the territory comprising such fire district.	48457

(E) For the purpose of the distribution required by this	48458
section, E, H, and D permits covering boats or vessels are deemed	48459
to have been issued in the municipal corporation or township	48460
wherein the owner or operator of the vehicle, boat, vessel, or	48461
dining car equipment to which the permit relates has the owner's	48462
or operator's principal office or place of business within the	48463
state.	48464

(F) If the liquor control commission determines that the	48465
police or other officers of any municipal corporation or township	48466
entitled to share in ~~such~~ distributions under this section are	48467
refusing or culpably neglecting to enforce this chapter and	48468
Chapter 4303. of the Revised Code, or the penal laws of this state	48469
relating to the manufacture, importation, transportation,	48470
distribution, and sale of beer and intoxicating liquors, or if the	48471
prosecuting officer of a municipal corporation or a municipal	48472
court fails to comply with the request of the commission	48473
authorized by division (A)(4) of section 4301.10 of the Revised	48474
Code, the commission, by certified mail, may notify the chief	48475
executive officer of the municipal corporation or the board of	48476
township trustees of the township of the failure and require the	48477
immediate cooperation of the responsible officers of the municipal	48478
corporation or township with the division of liquor control in the	48479
enforcement of those chapters and penal laws. Within thirty days	48480
after the notice is served, the commission shall determine whether	48481
the requirement has been complied with. If the commission	48482
determines that the requirement has not been complied with, it may	48483
issue an order to the superintendent to withhold the distributive	48484
share of the municipal corporation or township until further order	48485
of the commission. This action of the commission is reviewable	48486
within thirty days thereafter in the court of common pleas of	48487
Franklin county.	48488

(G) All fees collected by the division of liquor control from	48489
the issuance or renewal of B-2a and S permits, and paid by B-2a	48490
and S permit holders who do not also hold A-2 permits, shall be	48491
deposited in the state treasury to the credit of the state liquor	48492
~~control~~regulatory fund. Once during each fiscal year, an amount	48493
equal to fifty per cent of the fees collected shall be paid from	48494
the state liquor ~~control~~regulatory fund into the general revenue	48495
fund.	48496

Sec. 4303.181. (A) Permit D-5a may be issued either to the	48497
owner or operator of a hotel or motel that is required to be	48498
licensed under section 3731.03 of the Revised Code, that contains	48499
at least fifty rooms for registered transient guests or is owned	48500
by a state institution of higher education as defined in section	48501
3345.011 of the Revised Code or a private college or university,	48502
and that qualifies under the other requirements of this section,	48503
or to the owner or operator of a restaurant specified under this	48504
section, to sell beer and any intoxicating liquor at retail, only	48505
by the individual drink in glass and from the container, for	48506
consumption on the premises where sold, and to registered guests	48507
in their rooms, which may be sold by means of a controlled access	48508
alcohol and beverage cabinet in accordance with division (B) of	48509
section 4301.21 of the Revised Code; and to sell the same products	48510
in the same manner and amounts not for consumption on the premises	48511
as may be sold by holders of D-1 and D-2 permits. The premises of	48512
the hotel or motel shall include a retail food establishment or a	48513
food service operation licensed pursuant to Chapter 3717. of the	48514
Revised Code that operates as a restaurant for purposes of this	48515
chapter and that is affiliated with the hotel or motel and within	48516
or contiguous to the hotel or motel, and that serves food within	48517
the hotel or motel, but the principal business of the owner or	48518
operator of the hotel or motel shall be the accommodation of	48519
transient guests. In addition to the privileges authorized in this	48520
division, the holder of a D-5a permit may exercise the same	48521
privileges as the holder of a D-5 permit.	48522

The owner or operator of a hotel, motel, or restaurant who	48523
qualified for and held a D-5a permit on August 4, 1976, may, if	48524
the owner or operator held another permit before holding a D-5a	48525
permit, either retain a D-5a permit or apply for the permit	48526
formerly held, and the division of liquor control shall issue the	48527
permit for which the owner or operator applies and formerly held,	48528
notwithstanding any quota.	48529

A D-5a permit shall not be transferred to another location.	48530
No quota restriction shall be placed on the number of D-5a permits	48531
that may be issued.	48532

The fee for this permit is two thousand three hundred	48533
forty-four dollars.	48534

(B) Permit D-5b may be issued to the owner, operator, tenant,	48535
lessee, or occupant of an enclosed shopping center to sell beer	48536
and intoxicating liquor at retail, only by the individual drink in	48537
glass and from the container, for consumption on the premises	48538
where sold; and to sell the same products in the same manner and	48539
amount not for consumption on the premises as may be sold by	48540
holders of D-1 and D-2 permits. In addition to the privileges	48541
authorized in this division, the holder of a D-5b permit may	48542
exercise the same privileges as a holder of a D-5 permit.	48543

A D-5b permit shall not be transferred to another location.

48544

One D-5b permit may be issued at an enclosed shopping center	48545
containing at least two hundred twenty-five thousand, but less	48546
than four hundred thousand, square feet of floor area.	48547

Two D-5b permits may be issued at an enclosed shopping center	48548
containing at least four hundred thousand square feet of floor	48549
area. No more than one D-5b permit may be issued at an enclosed	48550
shopping center for each additional two hundred thousand square	48551
feet of floor area or fraction of that floor area, up to a maximum	48552
of five D-5b permits for each enclosed shopping center. The number	48553
of D-5b permits that may be issued at an enclosed shopping center	48554
shall be determined by subtracting the number of D-3 and D-5	48555
permits issued in the enclosed shopping center from the number of	48556
D-5b permits that otherwise may be issued at the enclosed shopping	48557
center under the formulas provided in this division. Except as	48558
provided in this section, no quota shall be placed on the number	48559
of D-5b permits that may be issued. Notwithstanding any quota	48560
provided in this section, the holder of any D-5b permit first	48561
issued in accordance with this section is entitled to its renewal	48562
in accordance with section 4303.271 of the Revised Code.	48563

The holder of a D-5b permit issued before April 4, 1984,	48564
whose tenancy is terminated for a cause other than nonpayment of	48565
rent, may return the D-5b permit to the division of liquor	48566
control, and the division shall cancel that permit. Upon	48567
cancellation of that permit and upon the permit holder's payment	48568
of taxes, contributions, premiums, assessments, and other debts	48569
owing or accrued upon the date of cancellation to this state and	48570
its political subdivisions and a filing with the division of a	48571
certification of that payment, the division shall issue to that	48572
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	48573
that person requests. The division shall issue the D-5 permit, or	48574
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	48575
D-3, or D-5 permits currently issued in the municipal corporation	48576
or in the unincorporated area of the township where that person's	48577
proposed premises is located equals or exceeds the maximum number	48578
of such permits that can be issued in that municipal corporation	48579
or in the unincorporated area of that township under the	48580
population quota restrictions contained in section 4303.29 of the	48581
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	48582
be transferred to another location. If a D-5b permit is canceled	48583
under the provisions of this paragraph, the number of D-5b permits	48584
that may be issued at the enclosed shopping center for which the	48585
D-5b permit was issued, under the formula provided in this	48586
division, shall be reduced by one if the enclosed shopping center	48587
was entitled to more than one D-5b permit under the formula.	48588

The fee for this permit is two thousand three hundred	48589
forty-four dollars.	48590

(C) Permit D-5c may be issued to the owner or operator of a	48591
retail food establishment or a food service operation licensed	48592
pursuant to Chapter 3717. of the Revised Code that operates as a	48593
restaurant for purposes of this chapter and that qualifies under	48594
the other requirements of this section to sell beer and any	48595
intoxicating liquor at retail, only by the individual drink in	48596
glass and from the container, for consumption on the premises	48597
where sold, and to sell the same products in the same manner and	48598
amounts not for consumption on the premises as may be sold by	48599
holders of D-1 and D-2 permits. In addition to the privileges	48600
authorized in this division, the holder of a D-5c permit may	48601
exercise the same privileges as the holder of a D-5 permit.	48602

To qualify for a D-5c permit, the owner or operator of a	48603
retail food establishment or a food service operation licensed	48604
pursuant to Chapter 3717. of the Revised Code that operates as a	48605
restaurant for purposes of this chapter, shall have operated the	48606
restaurant at the proposed premises for not less than twenty-four	48607
consecutive months immediately preceding the filing of the	48608
application for the permit, have applied for a D-5 permit no later	48609
than December 31, 1988, and appear on the division's quota waiting	48610
list for not less than six months immediately preceding the filing	48611
of the application for the permit. In addition to these	48612
requirements, the proposed D-5c permit premises shall be located	48613
within a municipal corporation and further within an election	48614
precinct that, at the time of the application, has no more than	48615
twenty-five per cent of its total land area zoned for residential	48616
use.	48617

A D-5c permit shall not be transferred to another location.	48618
No quota restriction shall be placed on the number of such permits	48619
that may be issued.	48620

Any person who has held a D-5c permit for at least two years	48621
may apply for a D-5 permit, and the division of liquor control	48622
shall issue the D-5 permit notwithstanding the quota restrictions	48623
contained in section 4303.29 of the Revised Code or in any rule of	48624
the liquor control commission.	48625

The fee for this permit is one thousand five hundred	48626
sixty-three dollars.	48627

(D) Permit D-5d may be issued to the owner or operator of a	48628
retail food establishment or a food service operation licensed	48629
pursuant to Chapter 3717. of the Revised Code that operates as a	48630
restaurant for purposes of this chapter and that is located at an	48631
airport operated by a board of county commissioners pursuant to	48632
section 307.20 of the Revised Code, at an airport operated by a	48633
port authority pursuant to Chapter 4582. of the Revised Code, or	48634
at an airport operated by a regional airport authority pursuant to	48635
Chapter 308. of the Revised Code. The holder of a D-5d permit may	48636
sell beer and any intoxicating liquor at retail, only by the	48637
individual drink in glass and from the container, for consumption	48638
on the premises where sold, and may sell the same products in the	48639
same manner and amounts not for consumption on the premises where	48640
sold as may be sold by the holders of D-1 and D-2 permits. In	48641
addition to the privileges authorized in this division, the holder	48642
of a D-5d permit may exercise the same privileges as the holder of	48643
a D-5 permit.	48644

A D-5d permit shall not be transferred to another location.	48645
No quota restrictions shall be placed on the number of such	48646
permits that may be issued.	48647

The fee for this permit is two thousand three hundred	48648
forty-four dollars.	48649

(E) Permit D-5e may be issued to any nonprofit organization	48650
that is exempt from federal income taxation under the "Internal	48651
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	48652
amended, or that is a charitable organization under any chapter of	48653
the Revised Code, and that owns or operates a riverboat that meets	48654
all of the following:	48655

(1) Is permanently docked at one location;

48656

(2) Is designated as an historical riverboat by the Ohio	48657
historical society;	48658

(3) Contains not less than fifteen hundred square feet of	48659
floor area;	48660

(4) Has a seating capacity of fifty or more persons.

48661

The holder of a D-5e permit may sell beer and intoxicating	48662
liquor at retail, only by the individual drink in glass and from	48663
the container, for consumption on the premises where sold.	48664

A D-5e permit shall not be transferred to another location.	48665
No quota restriction shall be placed on the number of such permits	48666
that may be issued. The population quota restrictions contained in	48667
section 4303.29 of the Revised Code or in any rule of the liquor	48668
control commission shall not apply to this division, and the	48669
division shall issue a D-5e permit to any applicant who meets the	48670
requirements of this division. However, the division shall not	48671
issue a D-5e permit if the permit premises or proposed permit	48672
premises are located within an area in which the sale of	48673
spirituous liquor by the glass is prohibited.	48674

The fee for this permit is one thousand two hundred nineteen	48675
dollars.	48676

(F) Permit D-5f may be issued to the owner or operator of a	48677
retail food establishment or a food service operation licensed	48678
under Chapter 3717. of the Revised Code that operates as a	48679
restaurant for purposes of this chapter and that meets all of the	48680
following:	48681

(1) It contains not less than twenty-five hundred square feet	48682
of floor area.	48683

(2) It is located on or in, or immediately adjacent to, the	48684
shoreline of, a navigable river.	48685

(3) It provides docking space for twenty-five boats.

48686

(4) It provides entertainment and recreation, provided that	48687
not less than fifty per cent of the business on the permit	48688
premises shall be preparing and serving meals for a consideration.	48689

In addition, each application for a D-5f permit shall be	48690
accompanied by a certification from the local legislative	48691
authority that the issuance of the D-5f permit is not inconsistent	48692
with that political subdivision's comprehensive development plan	48693
or other economic development goal as officially established by	48694
the local legislative authority.	48695

The holder of a D-5f permit may sell beer and intoxicating	48696
liquor at retail, only by the individual drink in glass and from	48697
the container, for consumption on the premises where sold.	48698

A D-5f permit shall not be transferred to another location.

48699

The division of liquor control shall not issue a D-5f permit	48700
if the permit premises or proposed permit premises are located	48701
within an area in which the sale of spirituous liquor by the glass	48702
is prohibited.	48703

A fee for this permit is two thousand three hundred	48704
forty-four dollars.	48705

As used in this division, "navigable river" means a river	48706
that is also a "navigable water" as defined in the "Federal Power	48707
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	48708

(G) Permit D-5g may be issued to a nonprofit corporation that	48709
is either the owner or the operator of a national professional	48710
sports museum. The holder of a D-5g permit may sell beer and any	48711
intoxicating liquor at retail, only by the individual drink in	48712
glass and from the container, for consumption on the premises	48713
where sold. The holder of a D-5g permit shall sell no beer or	48714
intoxicating liquor for consumption on the premises where sold	48715
after ~~one~~two-thirty a.m. A D-5g permit shall not be transferred	48716
to another location. No quota restrictions shall be placed on the	48717
number of D-5g permits that may be issued. The fee for this permit	48718
is one thousand eight hundred seventy-five dollars.	48719

(H)(1) Permit D-5h may be issued to any nonprofit	48720
organization that is exempt from federal income taxation under the	48721
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	48722
501(c)(3), as amended, that owns or operates any of the following:	48723

(a) A fine arts museum, provided that the nonprofit	48724
organization has no less than one thousand five hundred bona fide	48725
members possessing full membership privileges;	48726

(b) A community arts center. As used in division (H)(1)(b) of	48727
this section, "community arts center" means a facility that	48728
provides arts programming to the community in more than one arts	48729
discipline, including, but not limited to, exhibits of works of	48730
art and performances by both professional and amateur artists.	48731

(c) A community theater, provided that the nonprofit	48732
organization is a member of the Ohio arts council and the American	48733
community theatre association and has been in existence for not	48734
less than ten years. As used in division (H)(1)(c) of this	48735
section, "community theater" means a facility that contains at	48736
least one hundred fifty seats and has a primary function of	48737
presenting live theatrical performances and providing recreational	48738
opportunities to the community.	48739

(2) The holder of a D-5h permit may sell beer and any	48740
intoxicating liquor at retail, only by the individual drink in	48741
glass and from the container, for consumption on the premises	48742
where sold. The holder of a D-5h permit shall sell no beer or	48743
intoxicating liquor for consumption on the premises where sold	48744
after one a.m. A D-5h permit shall not be transferred to another	48745
location. No quota restrictions shall be placed on the number of	48746
D-5h permits that may be issued.	48747

(3) The fee for a D-5h permit is one thousand eight hundred	48748
seventy-five dollars.	48749

(I) Permit D-5i may be issued to the owner or operator of a	48750
retail food establishment or a food service operation licensed	48751
under Chapter 3717. of the Revised Code that operates as a	48752
restaurant for purposes of this chapter and that meets all of the	48753
following requirements:	48754

(1) It is located in a municipal corporation or a township	48755
with a population of one hundred thousand or less.	48756

(2) It has inside seating capacity for at least one hundred	48757
forty persons.	48758

(3) It has at least four thousand square feet of floor area.

48759

(4) It offers full-course meals, appetizers, and sandwiches.

48760

(5) Its receipts from beer and liquor sales, excluding wine	48761
sales, do not exceed twenty-five per cent of its total gross	48762
receipts.	48763

(6) It has at least one of the following characteristics:

48764

(a) The value of its real and personal property exceeds seven	48765
hundred twenty-five thousand dollars.	48766

(b) It is located on property that is owned or leased by the	48767
state or a state agency, and its owner or operator has	48768
authorization from the state or the state agency that owns or	48769
leases the property to obtain a D-5i permit.	48770

The holder of a D-5i permit may sell beer and any	48771
intoxicating liquor at retail, only by the individual drink in	48772
glass and from the container, for consumption on the premises	48773
where sold, and may sell the same products in the same manner and	48774
amounts not for consumption on the premises where sold as may be	48775
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	48776
permit shall sell no beer or intoxicating liquor for consumption	48777
on the premises where sold after two-thirty a.m. In addition to	48778
the privileges authorized in this division, the holder of a D-5i	48779
permit may exercise the same privileges as the holder of a D-5	48780
permit.	48781

A D-5i permit shall not be transferred to another location.	48782
The division of liquor control shall not renew a D-5i permit	48783
unless the retail food establishment or food service operation for	48784
which it is issued continues to meet the requirements described in	48785
divisions (I)(1) to (6) of this section. No quota restrictions	48786
shall be placed on the number of D-5i permits that may be issued.	48787
The fee for the D-5i permit is two thousand three hundred	48788
forty-four dollars.	48789

(J) Permit D-5j may be issued to the owner or the operator of	48790
a retail food establishment or a food service operation licensed	48791
under Chapter 3717. of the Revised Code to sell beer and	48792
intoxicating liquor at retail, only by the individual drink in	48793
glass and from the container, for consumption on the premises	48794
where sold and to sell beer and intoxicating liquor in the same	48795
manner and amounts not for consumption on the premises where sold	48796
as may be sold by the holders of D-1 and D-2 permits. The holder	48797
of a D-5j permit may exercise the same privileges, and shall	48798
observe the same hours of operation, as the holder of a D-5	48799
permit.	48800

The D-5j permit shall be issued only within a community	48801
entertainment district that is designated under section 4301.80 of	48802
the Revised Code and that meets one of the following	48803
qualifications:	48804

(1) It is located in a municipal corporation with a	48805
population of at least one hundred thousand.	48806

(2) It is located in a municipal corporation with a	48807
population of at least twenty thousand, and either of the	48808
following applies:	48809

(a) It contains an amusement park the rides of which have	48810
been issued a permit by the department of agriculture under	48811
Chapter 1711. of the Revised Code.	48812

(b) Not less than fifty million dollars will be invested in	48813
development and construction in the community entertainment	48814
district's area located in the municipal corporation.	48815

(3) It is located in a township with a population of at least	48816
forty thousand.	48817

(4) It is located in a township with a population of at least	48818
twenty thousand, and not less than seventy million dollars will be	48819
invested in development and construction in the community	48820
entertainment district's area located in the township.	48821

(5) It is located in a municipal corporation with a	48822
population between ten thousand and twenty thousand, and both of	48823
the following apply:	48824

(a) The municipal corporation was incorporated as a village	48825
prior to calendar year 1840 and currently has a historic downtown	48826
business district.	48827

(b) The municipal corporation is located in the same county	48828
as another municipal corporation with at least one community	48829
entertainment district.	48830

(6) It is located in a municipal corporation with a	48831
population of at least ten thousand, and not less than seventy	48832
million dollars will be invested in development and construction	48833
in the community entertainment district's area located in the	48834
municipal corporation.	48835

(7) It is located in a municipal corporation with a	48836
population of at least five thousand, and not less than one	48837
hundred million dollars will be invested in development and	48838
construction in the community entertainment district's area	48839
located in the municipal corporation.	48840

The location of a D-5j permit may be transferred only within	48841
the geographic boundaries of the community entertainment district	48842
in which it was issued and shall not be transferred outside the	48843
geographic boundaries of that district.	48844

Not more than one D-5j permit shall be issued within each	48845
community entertainment district for each five acres of land	48846
located within the district. Not more than fifteen D-5j permits	48847
may be issued within a single community entertainment district.	48848
Except as otherwise provided in division (J)(4) of this section,	48849
no quota restrictions shall be placed upon the number of D-5j	48850
permits that may be issued.	48851

The fee for a D-5j permit is two thousand three hundred	48852
forty-four dollars.	48853

(K)(1) Permit D-5k may be issued to any nonprofit	48854
organization that is exempt from federal income taxation under the	48855
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	48856
501(c)(3), as amended, that is the owner or operator of a	48857
botanical garden recognized by the American association of	48858
botanical gardens and arboreta, and that has not less than	48859
twenty-five hundred bona fide members.	48860

(2) The holder of a D-5k permit may sell beer and any	48861
intoxicating liquor at retail, only by the individual drink in	48862
glass and from the container, on the premises where sold.	48863

(3) The holder of a D-5k permit shall sell no beer or	48864
intoxicating liquor for consumption on the premises where sold	48865
after one a.m.	48866

(4) A D-5k permit shall not be transferred to another	48867
location.	48868

(5) No quota restrictions shall be placed on the number of	48869
D-5k permits that may be issued.	48870

(6) The fee for the D-5k permit is one thousand eight hundred	48871
seventy-five dollars.	48872

(L)(1) Permit D-5l may be issued to the owner or the operator	48873
of a ~~business~~retail food establishment or a food service	48874
operation licensed under Chapter 3717. of the Revised Code to sell	48875
beer and intoxicating liquor at retail, only by the individual	48876
drink in glass and from the container, for consumption on the	48877
premises where sold and to sell beer and intoxicating liquor in	48878
the same manner and amounts not for consumption on the premises	48879
where sold as may be sold by the holders of D-1 and D-2 permits.	48880
The holder of a D-5l permit may exercise the same privileges, and	48881
shall observe the same hours of operation, as the holder of a D-5	48882
permit.	48883

(2) The D-5l permit shall be issued only to a premises that	48884
has gross annual receipts from the sale of food and meals that	48885
constitute not less than seventy-five per cent of its total gross	48886
annual receipts, that is located within a revitalization district	48887
that is designated under section 4301.81 of the Revised Code, that	48888
is located in a municipal corporation or township in which the	48889
number of D-5 permits issued equals or exceeds the number of those	48890
permits that may be issued in that municipal corporation or	48891
township under section 4303.29 of the Revised Code, and that is	48892
located in a county with a population of one hundred twenty-five	48893
thousand or less according to the population estimates certified	48894
by the department of development for calendar year 2006.	48895

(3) The location of a D-5l permit may be transferred only	48896
within the geographic boundaries of the revitalization district in	48897
which it was issued and shall not be transferred outside the	48898
geographic boundaries of that district.	48899

(4) Not more than one D-5l permit shall be issued within each	48900
revitalization district for each five acres of land located within	48901
the district. Not more than fifteen D-5l permits may be issued	48902
within a single revitalization district. Except as otherwise	48903
provided in division (L)(4) of this section, no quota restrictions	48904
shall be placed upon the number of D-5l permits that may be	48905
issued.	48906

(5) No D-5l permit shall be issued to an adult entertainment	48907
establishment as defined in section 2907.39 of the Revised Code.	48908

(6) The fee for a D-5l permit is two thousand three hundred	48909
forty-four dollars.	48910

(M) Permit D-5m may be issued to either the owner or the	48911
operator of a retail food establishment or food service operation	48912
licensed under Chapter 3717. of the Revised Code that operates as	48913
a restaurant for purposes of this chapter and that is located in,	48914
or affiliated with, a center for the preservation of wild animals	48915
as defined in section 4301.404 of the Revised Code, to sell beer	48916
and any intoxicating liquor at retail, only by the glass and from	48917
the container, for consumption on the premises where sold, and to	48918
sell the same products in the same manner and amounts not for	48919
consumption on the premises as may be sold by the holders of D-1	48920
and D-2 permits. In addition to the privileges authorized by this	48921
division, the holder of a D-5m permit may exercise the same	48922
privileges as the holder of a D-5 permit.	48923

A D-5m permit shall not be transferred to another location.	48924
No quota restrictions shall be placed on the number of D-5m	48925
permits that may be issued. The fee for a permit D-5m is two	48926
thousand three hundred forty-four dollars.	48927

(N) Permit D-5n shall be issued to either a casino operator	48928
or a casino management company licensed under Chapter 3772. of the	48929
Revised Code that operates a casino facility under that chapter,	48930
to sell beer and any intoxicating liquor at retail, only by the	48931
individual drink in glass and from the container, for consumption	48932
on the premises where sold, and to sell the same products in the	48933
same manner and amounts not for consumption on the premises as may	48934
be sold by the holders of D-1 and D-2 permits. In addition to the	48935
privileges authorized by this division, the holder of a D-5n	48936
permit may exercise the same privileges as the holder of a D-5	48937
permit. A D-5n permit shall not be transferred to another	48938
location. Only one D-5n permit may be issued per casino facility	48939
and not more than four D-5n permits shall be issued in this state.	48940
The fee for a permit D-5n shall be twenty thousand dollars. The	48941
holder of a D-5n permit may conduct casino gaming on the permit	48942
premises notwithstanding any provision of the Revised Code or	48943
Administrative Code.	48944

(O) Permit D-5o may be issued to the owner or operator of a	48945
retail food establishment or a food service operation licensed	48946
under Chapter 3717. of the Revised Code that operates as a	48947
restaurant for purposes of this chapter and that is located within	48948
a casino facility for which a D-5n permit has been issued. The	48949
holder of a D-5o permit may sell beer and any intoxicating liquor	48950
at retail, only by the individual drink in glass and from the	48951
container, for consumption on the premises where sold, and may	48952
sell the same products in the same manner and amounts not for	48953
consumption on the premises where sold as may be sold by the	48954
holders of D-1 and D-2 permits. In addition to the privileges	48955
authorized by this division, the holder of a D-5o permit may	48956
exercise the same privileges as the holder of a D-5 permit. A D-5o	48957
permit shall not be transferred to another location. No quota	48958
restrictions shall be placed on the number of such permits that	48959
may be issued. The fee for this permit is two thousand three	48960
hundred forty-four dollars.	48961

Sec. 4303.22. Permit H may be issued for a fee of three	48962
hundred dollars to a for-hire motor carrier ~~by motor vehicle~~ who	48963
~~also~~ holds a license issued by the public utilities commission to	48964
transport beer, intoxicating liquor, and alcohol, or any of them,	48965
in this state for delivery or use in this state. This section does	48966
not prevent the division of liquor control from contracting with	48967
~~common or contract~~for-hire motor carriers for the delivery or	48968
transportation of liquor for the division, and any ~~contract or~~	48969
~~common~~for-hire motor carrier so contracting with the division is	48970
eligible for an H permit. Manufacturers or wholesale distributors	48971
of beer or intoxicating liquor other than spirituous liquor who	48972
transport or deliver their own products to or from their premises	48973
licensed under this chapter and Chapter 4301. of the Revised Code	48974
by their own trucks as an incident to the purchase or sale of such	48975
beverages need not obtain an H permit. Carriers by rail shall	48976
receive an H permit upon application for it.	48977

This section does not prevent the division from issuing, upon	48978
the payment of the permit fee, an H permit to any person,	48979
partnership, firm, or corporation licensed by any other state to	48980
engage in the business of manufacturing and brewing or producing	48981
beer, wine, and mixed beverages or any person, partnership, firm,	48982
or corporation licensed by the United States or any other state to	48983
engage in the business of importing beer, wine, and mixed	48984
beverages manufactured outside the United States. The	48985
manufacturer, brewer, or importer of products manufactured outside	48986
the United States, upon the issuance of an H permit, may	48987
transport, ship, and deliver only its own products to holders of	48988
B-1 or B-5 permits in Ohio in motor trucks and equipment owned and	48989
operated by such class H permit holder. No H permit shall be	48990
issued by the division to such applicant until the applicant files	48991
with the division a liability insurance certificate or policy	48992
satisfactory to the division, in a sum of not less than one	48993
thousand nor more than five thousand dollars for property damage	48994
and for not less than five thousand nor more than fifty thousand	48995
dollars for loss sustained by reason of injury or death and with	48996
such other terms as the division considers necessary to adequately	48997
protect the interest of the public, having due regard for the	48998
number of persons and amount of property affected. The certificate	48999
or policy shall insure the manufacturer, brewer, or importer of	49000
products manufactured outside the United States against loss	49001
sustained by reason of the death of or injury to persons, and for	49002
loss of or damage to property, from the negligence of such class H	49003
permit holder in the operation of its motor vehicles or equipment	49004
in this state.	49005

Sec. 4313.02. (A) The state may transfer to JobsOhio, and	49006
JobsOhio may accept the transfer of, all or a portion of the	49007
enterprise acquisition project for a transfer price payable by	49008
JobsOhio to the state. Any such transfer shall be treated as an	49009
absolute conveyance and true sale of the interest in the	49010
enterprise acquisition project purported to be conveyed for all	49011
purposes, and not as a pledge or other security interest. The	49012
characterization of any such transfer as a true sale and absolute	49013
conveyance shall not be negated or adversely affected by the	49014
acquisition or retention by the state of a residual or	49015
reversionary interest in the enterprise acquisition project, the	49016
participation of any state officer or employee as a member or	49017
officer of, or contracting for staff support to, JobsOhio or any	49018
subsidiary of JobsOhio, any regulatory responsibility of an	49019
officer or employee of the state, including the authority to	49020
collect amounts to be received in connection therewith, the	49021
retention of the state of any legal title to or interest in any	49022
portion of the enterprise acquisition project for the purpose of	49023
regulatory activities, or any characterization of JobsOhio or	49024
obligations of JobsOhio under accounting, taxation, or securities	49025
regulations, or any other reason whatsoever. An absolute	49026
conveyance and true sale or lease shall exist under this section	49027
regardless of whether JobsOhio has any recourse against the state	49028
or the treatment or characterization of the transfer as a	49029
financing for any purpose. Upon and following the transfer, the	49030
state shall not have any right, title, or interest in the	49031
enterprise acquisition project so transferred other than any	49032
residual interest that may be described in the transfer agreement	49033
pursuant to the following paragraph and division (D) of this	49034
section. Any determination of the fair market value of the	49035
enterprise acquisition project reflected in the transfer agreement	49036
shall be conclusive and binding on the state and JobsOhio.	49037

Any transfer of the enterprise acquisition project that is a	49038
lease or grant of a franchise shall be for a term not to exceed	49039
twenty-five years. Any transfer of the enterprise acquisition	49040
project that is an assignment and sale, conveyance, or other	49041
transfer shall contain a provision that the state shall have the	49042
option to have conveyed or transferred back to it, at no cost, the	49043
enterprise acquisition project, as it then exists, no later than	49044
twenty-five years after the original transfer authorized in the	49045
transfer agreement on such other terms as shall be provided in the	49046
transfer agreement.	49047

The exercise of the powers granted by this section will be	49048
for the benefit of the people of the state. All or any portion of	49049
the enterprise acquisition project transferred pursuant to the	49050
transfer agreement that would be exempt from real property taxes	49051
or assessments or real property taxes or assessments in the	49052
absence of such transfer shall, as it may from time to time exist	49053
thereafter, remain exempt from real property taxes or assessments	49054
levied by the state and its subdivisions to the same extent as if	49055
not transferred. The gross receipts and income of JobsOhio derived	49056
from the enterprise acquisition project shall be exempt from	49057
taxation levied by the state and its subdivisions, including, but	49058
not limited to, the taxes levied pursuant to Chapters 718., 5739.,	49059
5741., 5747., and 5751. of the Revised Code. Any transfer from the	49060
state to JobsOhio of the enterprise acquisition project, or item	49061
included or to be included in the project, shall be exempt from	49062
the taxes levied pursuant to Chapters 5739. and 5741. of the	49063
Revised Code.	49064

(B) The proceeds of any transfer under division (A) of this	49065
section may be expended as provided in the transfer agreement for	49066
any one or more of the following purposes:	49067

(1) Funding, payment, or defeasance of outstanding bonds	49068
issued pursuant to Chapters 151. and 166. of the Revised Code and	49069
secured by pledged liquor profits as defined in section 151.40 of	49070
the Revised Code;	49071

(2) Deposit into the general revenue fund;

49072

(3) Deposit into the clean Ohio revitalization fund created	49073
pursuant to section 122.658 of the Revised Code, the innovation	49074
Ohio loan fund created pursuant to section 166.16 of the Revised	49075
Code, the research and development loan fund created pursuant to	49076
section 166.20 of the Revised Code, the logistics and distribution	49077
infrastructure fund created pursuant to section 166.26 of the	49078
Revised Code, the advanced energy research and development fund	49079
created pursuant to section 3706.27 of the Revised Code, and the	49080
advanced energy research and development taxable fund created	49081
pursuant to section 3706.27 of the Revised Code;	49082

(4) Conveyance to JobsOhio for the purposes for which it was	49083
created.	49084

(C)(1) The state may covenant, pledge, and agree in the	49085
transfer agreement, with and for the benefit of JobsOhio, that it	49086
shall maintain statutory authority for the enterprise acquisition	49087
project and the revenues of the enterprise acquisition project and	49088
not otherwise materially impair any obligations supported by a	49089
pledge of revenues of the enterprise acquisition project. The	49090
transfer agreement may provide or authorize the manner for	49091
determining material impairment of the security for any such	49092
outstanding obligations, including by assessing and evaluating the	49093
revenues of the enterprise acquisition project.	49094

(2) The director of budget and management, in consultation	49095
with the director of commerce, may, without need for any other	49096
approval, negotiate terms of any documents, including the transfer	49097
agreement, necessary to effect the transfer and the acceptance of	49098
the transfer of the enterprise acquisition project. The director	49099
of budget and management and the director of commerce shall	49100
execute the transfer agreement on behalf of the state. The	49101
director of budget and management may also, without need for any	49102
other approval, retain or contract for the services of commercial	49103
appraisers, underwriters, investment bankers, and financial	49104
advisers, as are necessary in the judgment of the director of	49105
budget and management to effect the transfer agreement. Any	49106
transfer agreement may contain terms and conditions established by	49107
the state to carry out and effectuate the purposes of this	49108
section, including, without limitation, covenants binding the	49109
state in favor of JobsOhio. Any such transfer agreement shall be	49110
sufficient to effectuate the transfer without regard to any other	49111
laws governing other property sales or financial transactions by	49112
the state. The director of budget and management may create any	49113
funds or accounts, within or without the state treasury, as are	49114
needed for the transactions and activities authorized by this	49115
section.	49116

(3) The transfer agreement may authorize JobsOhio, in the	49117
ordinary course of doing business, to convey, lease, release, or	49118
otherwise dispose of any regular inventory or tangible personal	49119
property. Ownership of the interest in the enterprise acquisition	49120
project that is transferred to JobsOhio under this section and the	49121
transfer agreement shall be maintained in JobsOhio or a nonprofit	49122
entity the sole member of which is JobsOhio until the enterprise	49123
acquisition project is transferred back to the state pursuant to	49124
the second paragraph of division (A) and division (D) of this	49125
section.	49126

(D) The transfer agreement may authorize JobsOhio to fix,	49127
alter, and collect rentals and other charges for the use and	49128
occupancy of all or any portion of the enterprise acquisition	49129
project and to lease any portion of the enterprise acquisition	49130
project to the state, and shall include a contract with, or the	49131
granting of an option to, the state to have the enterprise	49132
acquisition project, as it then exists, transferred back to it	49133
without charge in accordance with the terms of the transfer	49134
agreement after retirement or redemption, or provision therefor,	49135
of all obligations supported by a pledge of spirituous liquor	49136
profits.	49137

(E) JobsOhio, the director of budget and management, and the	49138
director of commerce shall, subject to approval by the controlling	49139
board, enter into a contract, which may be part of the transfer	49140
agreement, for the continuing operation by the division of liquor	49141
control of spirituous liquor distribution and merchandising	49142
subject to standards for performance provided in that contract	49143
that may relate to or support division (C)(1) of this section. The	49144
contract shall establish other terms and conditions for the	49145
assignment of duties to, and the provision of advice, services,	49146
and other assistance by, the division of liquor control, including	49147
providing for the necessary staffing and payment by JobsOhio of	49148
appropriate compensation to the division for the performance of	49149
such duties and the provision of such advice, services, and other	49150
assistance. The division of liquor control shall manage and	49151
actively supervise the activities required or authorized under	49152
sections 4301.10 and 4301.17 of the Revised Code as those sections	49153
exist on ~~the effective date of this section~~September 29, 2011,	49154
including, but not limited to, controlling the traffic in	49155
intoxicating liquor in this state and fixing the wholesale and	49156
retail prices at which the various classes, varieties, and brands	49157
of spirituous liquor are sold.	49158

(F) The transfer agreement shall require JobsOhio to pay for	49159
the operations of the division of liquor control with regard to	49160
the spirituous liquor merchandising operations of the division.	49161
The payments from JobsOhio shall be deposited into the state	49162
treasury to the credit of the liquor ~~control~~operating services	49163
fund ~~created in section 4301.12 of the Revised Code~~, which is	49164
hereby created in the state treasury. The fund shall be used to	49165
pay for the operations of the division specified in this division.	49166

(G) The transaction and transfer provided for under this	49167
section shall comply with all applicable provisions of the Ohio	49168
Constitution.	49169

Sec. 4501.01. As used in this chapter and Chapters 4503.,	49170
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	49171
Revised Code, and in the penal laws, except as otherwise provided:	49172

(A) "Vehicles" means everything on wheels or runners,	49173
including motorized bicycles, but does not mean electric personal	49174
assistive mobility devices, vehicles that are operated exclusively	49175
on rails or tracks or from overhead electric trolley wires, and	49176
vehicles that belong to any police department, municipal fire	49177
department, or volunteer fire department, or that are used by such	49178
a department in the discharge of its functions.	49179

(B) "Motor vehicle" means any vehicle, including mobile homes	49180
and recreational vehicles, that is propelled or drawn by power	49181
other than muscular power or power collected from overhead	49182
electric trolley wires. "Motor vehicle" does not include utility	49183
vehicles as defined in division (VV) of this section, motorized	49184
bicycles, road rollers, traction engines, power shovels, power	49185
cranes, and other equipment used in construction work and not	49186
designed for or employed in general highway transportation,	49187
well-drilling machinery, ditch-digging machinery, farm machinery,	49188
and trailers that are designed and used exclusively to transport a	49189
boat between a place of storage and a marina, or in and around a	49190
marina, when drawn or towed on a public road or highway for a	49191
distance of no more than ten miles and at a speed of twenty-five	49192
miles per hour or less.	49193

(C) "Agricultural tractor" and "traction engine" mean any	49194
self-propelling vehicle that is designed or used for drawing other	49195
vehicles or wheeled machinery, but has no provisions for carrying	49196
loads independently of such other vehicles, and that is used	49197
principally for agricultural purposes.	49198

(D) "Commercial tractor," except as defined in division (C)	49199
of this section, means any motor vehicle that has motive power and	49200
either is designed or used for drawing other motor vehicles, or is	49201
designed or used for drawing another motor vehicle while carrying	49202
a portion of the other motor vehicle or its load, or both.	49203

(E) "Passenger car" means any motor vehicle that is designed	49204
and used for carrying not more than nine persons and includes any	49205
motor vehicle that is designed and used for carrying not more than	49206
fifteen persons in a ridesharing arrangement.	49207

(F) "Collector's vehicle" means any motor vehicle or	49208
agricultural tractor or traction engine that is of special	49209
interest, that has a fair market value of one hundred dollars or	49210
more, whether operable or not, and that is owned, operated,	49211
collected, preserved, restored, maintained, or used essentially as	49212
a collector's item, leisure pursuit, or investment, but not as the	49213
owner's principal means of transportation. "Licensed collector's	49214
vehicle" means a collector's vehicle, other than an agricultural	49215
tractor or traction engine, that displays current, valid license	49216
tags issued under section 4503.45 of the Revised Code, or a	49217
similar type of motor vehicle that displays current, valid license	49218
tags issued under substantially equivalent provisions in the laws	49219
of other states.	49220

(G) "Historical motor vehicle" means any motor vehicle that	49221
is over twenty-five years old and is owned solely as a collector's	49222
item and for participation in club activities, exhibitions, tours,	49223
parades, and similar uses, but that in no event is used for	49224
general transportation.	49225

(H) "Noncommercial motor vehicle" means any motor vehicle,	49226
including a farm truck as defined in section 4503.04 of the	49227
Revised Code, that is designed by the manufacturer to carry a load	49228
of no more than one ton and is used exclusively for purposes other	49229
than engaging in business for profit.	49230

(I) "Bus" means any motor vehicle that has motor power and is	49231
designed and used for carrying more than nine passengers, except	49232
any motor vehicle that is designed and used for carrying not more	49233
than fifteen passengers in a ridesharing arrangement.	49234

(J) "Commercial car" or "truck" means any motor vehicle that	49235
has motor power and is designed and used for carrying merchandise	49236
or freight, or that is used as a commercial tractor.	49237

(K) "Bicycle" means every device, other than a tricycle that	49238
is designed solely for use as a play vehicle by a child, that is	49239
propelled solely by human power upon which any person may ride,	49240
and that has two tandem wheels, or one wheel in front and two	49241
wheels in the rear, or two wheels in the front and one wheel in	49242
the rear, any of which is more than fourteen inches in diameter.	49243

(L) "Motorized bicycle" means any vehicle that either has two	49244
tandem wheels or one wheel in the front and two wheels in the	49245
rear, that is capable of being pedaled, and that is equipped with	49246
a helper motor of not more than fifty cubic centimeters piston	49247
displacement that produces no more than one brake horsepower and	49248
is capable of propelling the vehicle at a speed of no greater than	49249
twenty miles per hour on a level surface.	49250

(M) "Trailer" means any vehicle without motive power that is	49251
designed or used for carrying property or persons wholly on its	49252
own structure and for being drawn by a motor vehicle, and includes	49253
any such vehicle that is formed by or operated as a combination of	49254
a semitrailer and a vehicle of the dolly type such as that	49255
commonly known as a trailer dolly, a vehicle used to transport	49256
agricultural produce or agricultural production materials between	49257
a local place of storage or supply and the farm when drawn or	49258
towed on a public road or highway at a speed greater than	49259
twenty-five miles per hour, and a vehicle that is designed and	49260
used exclusively to transport a boat between a place of storage	49261
and a marina, or in and around a marina, when drawn or towed on a	49262
public road or highway for a distance of more than ten miles or at	49263
a speed of more than twenty-five miles per hour. "Trailer" does	49264
not include a manufactured home or travel trailer.	49265

(N) "Noncommercial trailer" means any trailer, except a	49266
travel trailer or trailer that is used to transport a boat as	49267
described in division (B) of this section, but, where applicable,	49268
includes a vehicle that is used to transport a boat as described	49269
in division (M) of this section, that has a gross weight of no	49270
more than ten thousand pounds, and that is used exclusively for	49271
purposes other than engaging in business for a profit, such as the	49272
transportation of personal items for personal or recreational	49273
purposes.	49274

(O) "Mobile home" means a building unit or assembly of closed	49275
construction that is fabricated in an off-site facility, is more	49276
than thirty-five body feet in length or, when erected on site, is	49277
three hundred twenty or more square feet, is built on a permanent	49278
chassis, is transportable in one or more sections, and does not	49279
qualify as a manufactured home as defined in division (C)(4) of	49280
section 3781.06 of the Revised Code or as an industrialized unit	49281
as defined in division (C)(3) of section 3781.06 of the Revised	49282
Code.	49283

(P) "Semitrailer" means any vehicle of the trailer type that	49284
does not have motive power and is so designed or used with another	49285
and separate motor vehicle that in operation a part of its own	49286
weight or that of its load, or both, rests upon and is carried by	49287
the other vehicle furnishing the motive power for propelling	49288
itself and the vehicle referred to in this division, and includes,	49289
for the purpose only of registration and taxation under those	49290
chapters, any vehicle of the dolly type, such as a trailer dolly,	49291
that is designed or used for the conversion of a semitrailer into	49292
a trailer.	49293

(Q) "Recreational vehicle" means a vehicular portable	49294
structure that meets all of the following conditions:	49295

(1) It is designed for the sole purpose of recreational	49296
travel.	49297

(2) It is not used for the purpose of engaging in business	49298
for profit.	49299

(3) It is not used for the purpose of engaging in intrastate	49300
commerce.	49301

(4) It is not used for the purpose of commerce as defined in	49302
49 C.F.R. 383.5, as amended.	49303

(5) It is not regulated by the public utilities commission	49304
pursuant to Chapter ~~4919~~4905., 4921., or 4923. of the Revised	49305
Code.	49306

(6) It is classed as one of the following:

49307

(a) "Travel trailer" means a nonself-propelled recreational	49308
vehicle that does not exceed an overall length of thirty-five	49309
feet, exclusive of bumper and tongue or coupling, and contains	49310
less than three hundred twenty square feet of space when erected	49311
on site. "Travel trailer" includes a tent-type fold-out camping	49312
trailer as defined in section 4517.01 of the Revised Code.	49313

(b) "Motor home" means a self-propelled recreational vehicle	49314
that has no fifth wheel and is constructed with permanently	49315
installed facilities for cold storage, cooking and consuming of	49316
food, and for sleeping.	49317

(c) "Truck camper" means a nonself-propelled recreational	49318
vehicle that does not have wheels for road use and is designed to	49319
be placed upon and attached to a motor vehicle. "Truck camper"	49320
does not include truck covers that consist of walls and a roof,	49321
but do not have floors and facilities enabling them to be used as	49322
a dwelling.	49323

(d) "Fifth wheel trailer" means a vehicle that is of such	49324
size and weight as to be movable without a special highway permit,	49325
that has a gross trailer area of four hundred square feet or less,	49326
that is constructed with a raised forward section that allows a	49327
bi-level floor plan, and that is designed to be towed by a vehicle	49328
equipped with a fifth-wheel hitch ordinarily installed in the bed	49329
of a truck.	49330

(e) "Park trailer" means a vehicle that is commonly known as	49331
a park model recreational vehicle, meets the American national	49332
standard institute standard A119.5 (1988) for park trailers, is	49333
built on a single chassis, has a gross trailer area of four	49334
hundred square feet or less when set up, is designed for seasonal	49335
or temporary living quarters, and may be connected to utilities	49336
necessary for the operation of installed features and appliances.	49337

(R) "Pneumatic tires" means tires of rubber and fabric or	49338
tires of similar material, that are inflated with air.	49339

(S) "Solid tires" means tires of rubber or similar elastic	49340
material that are not dependent upon confined air for support of	49341
the load.	49342

(T) "Solid tire vehicle" means any vehicle that is equipped	49343
with two or more solid tires.	49344

(U) "Farm machinery" means all machines and tools that are	49345
used in the production, harvesting, and care of farm products, and	49346
includes trailers that are used to transport agricultural produce	49347
or agricultural production materials between a local place of	49348
storage or supply and the farm, agricultural tractors, threshing	49349
machinery, hay-baling machinery, corn shellers, hammermills, and	49350
machinery used in the production of horticultural, agricultural,	49351
and vegetable products.	49352

(V) "Owner" includes any person or firm, other than a	49353
manufacturer or dealer, that has title to a motor vehicle, except	49354
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	49355
includes in addition manufacturers and dealers.	49356

(W) "Manufacturer" and "dealer" include all persons and firms	49357
that are regularly engaged in the business of manufacturing,	49358
selling, displaying, offering for sale, or dealing in motor	49359
vehicles, at an established place of business that is used	49360
exclusively for the purpose of manufacturing, selling, displaying,	49361
offering for sale, or dealing in motor vehicles. A place of	49362
business that is used for manufacturing, selling, displaying,	49363
offering for sale, or dealing in motor vehicles shall be deemed to	49364
be used exclusively for those purposes even though snowmobiles or	49365
all-purpose vehicles are sold or displayed for sale thereat, even	49366
though farm machinery is sold or displayed for sale thereat, or	49367
even though repair, accessory, gasoline and oil, storage, parts,	49368
service, or paint departments are maintained thereat, or, in any	49369
county having a population of less than seventy-five thousand at	49370
the last federal census, even though a department in a place of	49371
business is used to dismantle, salvage, or rebuild motor vehicles	49372
by means of used parts, if such departments are operated for the	49373
purpose of furthering and assisting in the business of	49374
manufacturing, selling, displaying, offering for sale, or dealing	49375
in motor vehicles. Places of business or departments in a place of	49376
business used to dismantle, salvage, or rebuild motor vehicles by	49377
means of using used parts are not considered as being maintained	49378
for the purpose of assisting or furthering the manufacturing,	49379
selling, displaying, and offering for sale or dealing in motor	49380
vehicles.	49381

(X) "Operator" includes any person who drives or operates a	49382
motor vehicle upon the public highways.	49383

(Y) "Chauffeur" means any operator who operates a motor	49384
vehicle, other than a taxicab, as an employee for hire; or any	49385
operator whether or not the owner of a motor vehicle, other than a	49386
taxicab, who operates such vehicle for transporting, for gain,	49387
compensation, or profit, either persons or property owned by	49388
another. Any operator of a motor vehicle who is voluntarily	49389
involved in a ridesharing arrangement is not considered an	49390
employee for hire or operating such vehicle for gain,	49391
compensation, or profit.	49392

(Z) "State" includes the territories and federal districts of	49393
the United States, and the provinces of Canada.	49394

(AA) "Public roads and highways" for vehicles includes all	49395
public thoroughfares, bridges, and culverts.	49396

(BB) "Manufacturer's number" means the manufacturer's	49397
original serial number that is affixed to or imprinted upon the	49398
chassis or other part of the motor vehicle.	49399

(CC) "Motor number" means the manufacturer's original number	49400
that is affixed to or imprinted upon the engine or motor of the	49401
vehicle.	49402

(DD) "Distributor" means any person who is authorized by a	49403
motor vehicle manufacturer to distribute new motor vehicles to	49404
licensed motor vehicle dealers at an established place of business	49405
that is used exclusively for the purpose of distributing new motor	49406
vehicles to licensed motor vehicle dealers, except when the	49407
distributor also is a new motor vehicle dealer, in which case the	49408
distributor may distribute at the location of the distributor's	49409
licensed dealership.	49410

(EE) "Ridesharing arrangement" means the transportation of	49411
persons in a motor vehicle where the transportation is incidental	49412
to another purpose of a volunteer driver and includes ridesharing	49413
arrangements known as carpools, vanpools, and buspools.	49414

(FF) "Apportionable vehicle" means any vehicle that is used	49415
or intended for use in two or more international registration plan	49416
member jurisdictions that allocate or proportionally register	49417
vehicles, that is used for the transportation of persons for hire	49418
or designed, used, or maintained primarily for the transportation	49419
of property, and that meets any of the following qualifications:	49420

(1) Is a power unit having a gross vehicle weight in excess	49421
of twenty-six thousand pounds;	49422

(2) Is a power unit having three or more axles, regardless of	49423
the gross vehicle weight;	49424

(3) Is a combination vehicle with a gross vehicle weight in	49425
excess of twenty-six thousand pounds.	49426

"Apportionable vehicle" does not include recreational	49427
vehicles, vehicles displaying restricted plates, city pick-up and	49428
delivery vehicles, buses used for the transportation of chartered	49429
parties, or vehicles owned and operated by the United States, this	49430
state, or any political subdivisions thereof.	49431

(GG) "Chartered party" means a group of persons who contract	49432
as a group to acquire the exclusive use of a passenger-carrying	49433
motor vehicle at a fixed charge for the vehicle in accordance with	49434
the carrier's tariff, lawfully on file with the United States	49435
department of transportation, for the purpose of group travel to a	49436
specified destination or for a particular itinerary, either agreed	49437
upon in advance or modified by the chartered group after having	49438
left the place of origin.	49439

(HH) "International registration plan" means a reciprocal	49440
agreement of member jurisdictions that is endorsed by the American	49441
association of motor vehicle administrators, and that promotes and	49442
encourages the fullest possible use of the highway system by	49443
authorizing apportioned registration of fleets of vehicles and	49444
recognizing registration of vehicles apportioned in member	49445
jurisdictions.	49446

(II) "Restricted plate" means a license plate that has a	49447
restriction of time, geographic area, mileage, or commodity, and	49448
includes license plates issued to farm trucks under division (J)	49449
of section 4503.04 of the Revised Code.	49450

(JJ) "Gross vehicle weight," with regard to any commercial	49451
car, trailer, semitrailer, or bus that is taxed at the rates	49452
established under section 4503.042 or 4503.65 of the Revised Code,	49453
means the unladen weight of the vehicle fully equipped plus the	49454
maximum weight of the load to be carried on the vehicle.	49455

(KK) "Combined gross vehicle weight" with regard to any	49456
combination of a commercial car, trailer, and semitrailer, that is	49457
taxed at the rates established under section 4503.042 or 4503.65	49458
of the Revised Code, means the total unladen weight of the	49459
combination of vehicles fully equipped plus the maximum weight of	49460
the load to be carried on that combination of vehicles.	49461

(LL) "Chauffeured limousine" means a motor vehicle that is	49462
designed to carry nine or fewer passengers and is operated for	49463
hire on an hourly basis pursuant to a prearranged contract for the	49464
transportation of passengers on public roads and highways along a	49465
route under the control of the person hiring the vehicle and not	49466
over a defined and regular route. "Prearranged contract" means an	49467
agreement, made in advance of boarding, to provide transportation	49468
from a specific location in a chauffeured limousine at a fixed	49469
rate per hour or trip. "Chauffeured limousine" does not include	49470
any vehicle that is used exclusively in the business of funeral	49471
directing.	49472

(MM) "Manufactured home" has the same meaning as in division	49473
(C)(4) of section 3781.06 of the Revised Code.	49474

(NN) "Acquired situs," with respect to a manufactured home or	49475
a mobile home, means to become located in this state by the	49476
placement of the home on real property, but does not include the	49477
placement of a manufactured home or a mobile home in the inventory	49478
of a new motor vehicle dealer or the inventory of a manufacturer,	49479
remanufacturer, or distributor of manufactured or mobile homes.	49480

(OO) "Electronic" includes electrical, digital, magnetic,	49481
optical, electromagnetic, or any other form of technology that	49482
entails capabilities similar to these technologies.	49483

(PP) "Electronic record" means a record generated,	49484
communicated, received, or stored by electronic means for use in	49485
an information system or for transmission from one information	49486
system to another.	49487

(QQ) "Electronic signature" means a signature in electronic	49488
form attached to or logically associated with an electronic	49489
record.	49490

(RR) "Financial transaction device" has the same meaning as	49491
in division (A) of section 113.40 of the Revised Code.	49492

(SS) "Electronic motor vehicle dealer" means a motor vehicle	49493
dealer licensed under Chapter 4517. of the Revised Code whom the	49494
registrar of motor vehicles determines meets the criteria	49495
designated in section 4503.035 of the Revised Code for electronic	49496
motor vehicle dealers and designates as an electronic motor	49497
vehicle dealer under that section.	49498

(TT) "Electric personal assistive mobility device" means a	49499
self-balancing two non-tandem wheeled device that is designed to	49500
transport only one person, has an electric propulsion system of an	49501
average of seven hundred fifty watts, and when ridden on a paved	49502
level surface by an operator who weighs one hundred seventy pounds	49503
has a maximum speed of less than twenty miles per hour.	49504

(UU) "Limited driving privileges" means the privilege to	49505
operate a motor vehicle that a court grants under section 4510.021	49506
of the Revised Code to a person whose driver's or commercial	49507
driver's license or permit or nonresident operating privilege has	49508
been suspended.	49509

(VV) "Utility vehicle" means a self-propelled vehicle	49510
designed with a bed, principally for the purpose of transporting	49511
material or cargo in connection with construction, agricultural,	49512
forestry, grounds maintenance, lawn and garden, materials	49513
handling, or similar activities. "Utility vehicle" includes a	49514
vehicle with a maximum attainable speed of twenty miles per hour	49515
or less that is used exclusively within the boundaries of state	49516
parks by state park employees or volunteers for the operation or	49517
maintenance of state park facilities.	49518

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	49519
referred to in division (O) of section 4503.04, division (E) of	49520
section 4503.042, division (B) of section 4503.07, division (C)(1)	49521
of section 4503.10, division (D) of section 4503.182, division (A)	49522
of section 4503.19, division (D)(2) of section 4507.24, division	49523
(A) of section 4508.06, and sections 4503.40, 4503.42, 4505.11,	49524
4505.111, 4506.08, 4506.09, 4507.23, 4508.05, ~~4923.12,~~ and 5502.12	49525
of the Revised Code, and the taxes charged in section 4503.65 that	49526
are distributed in accordance with division (A)(2) of section	49527
4501.044 of the Revised Code unless otherwise designated by law,	49528
shall be deposited in the state treasury to the credit of the	49529
state highway safety fund, which is hereby created, and shall,	49530
after receipt of certifications from the commissioners of the	49531
sinking fund certifying that there are sufficient moneys to the	49532
credit of the highway obligations bond retirement fund created by	49533
section 5528.32 of the Revised Code to meet in full all payments	49534
of interest, principal, and charges for the retirement of highway	49535
obligations issued pursuant to Section 2i of Article VIII, Ohio	49536
Constitution, and sections 5528.30 and 5528.31 of the Revised Code	49537
due and payable during the current calendar year, be used for the	49538
purpose of enforcing and paying the expenses of administering the	49539
law relative to the registration and operation of motor vehicles	49540
on the public roads or highways. Amounts credited to the fund may	49541
also be used to pay the expenses of administering and enforcing	49542
the laws under which such fees were collected. All investment	49543
earnings of the state highway safety fund shall be credited to the	49544
fund.	49545

Sec. 4501.271. (A)(1) A peace officer, correctional	49546
employee, or youth services employee may file a written request	49547
with the bureau of motor vehicles to do either or both of the	49548
following:	49549

(a) Prohibit disclosure of the officer's or employee's	49550
residence address as contained in motor vehicle records of the	49551
bureau;	49552

(b) Provide a business address to be displayed on the	49553
officer's or employee's driver's license or certificate of	49554
registration, or both.	49555

(2) The officer or employee shall file the request described	49556
in division (A)(1) of this section on a form provided by the	49557
registrar of motor vehicles and shall provide any documentary	49558
evidence verifying the person's status as a peace officer,	49559
correctional employee, or youth services employee and the	49560
officer's or employee's business address that the registrar	49561
requires pursuant to division (G) of this section.	49562

(B)(1) Except as provided in division (C) of this section, if	49563
a peace officer, correctional employee, or youth services employee	49564
has filed a request under division (A) of this section, neither	49565
the registrar nor an employee or contractor of the bureau of motor	49566
vehicles shall knowingly disclose the residence address of the	49567
officer or employee that the bureau obtained in connection with a	49568
motor vehicle record.	49569

(2) In accordance with section 149.43 of the Revised Code,	49570
the registrar or an employee or contractor of the bureau shall	49571
make available for inspection or copying a motor vehicle record of	49572
a peace officer, correctional employee, or youth services employee	49573
who has filed a request under division (A) of this section if the	49574
record is a public record under that section, but shall obliterate	49575
the residence address of the officer or employee from the record	49576
before making the record available for inspection or copying. The	49577
business address of the officer or employee may be made available	49578
in response to a valid request under section 149.43 of the Revised	49579
Code.	49580

(C) Notwithstanding division (B)(2) of section 4501.27 of the	49581
Revised Code, the registrar or an employee or contractor of the	49582
bureau may disclose the residence address of a peace officer,	49583
correctional employee, or youth services employee who files a	49584
request under division (A) of this section only in accordance with	49585
division (B)(1) of section 4501.27 of the Revised Code or pursuant	49586
to a court order.	49587

(D) If a peace officer, correctional employee, or youth	49588
services employee files a request under division (A)(1)(b) of this	49589
section, the officer shall still provide a residence address in	49590
any application for a driver's license or license renewal and in	49591
any application for a motor vehicle registration or registration	49592
renewal. In accordance with sections 4503.101 and 4507.09 of the	49593
Revised Code, an officer or employee shall notify the registrar of	49594
any change in the officer's or employee's residence within ten	49595
days after the change occurs.	49596

(E) A certificate of registration issued to a peace officer,	49597
correctional employee, or youth services employee who files a	49598
request under division (A)(1)(b) of this section shall display the	49599
business address of the officer. Notwithstanding section 4507.13	49600
of the Revised Code, a driver's license issued to an officer or	49601
employee who files a request under division (A)(1)(b) of this	49602
section shall display the business address of the officer or	49603
employee.	49604

(F) The registrar may utilize the residence address of a	49605
peace officer, correctional employee, or youth services employee	49606
who files a request under division (A)(1)(b) of this section in	49607
carrying out the functions of the bureau of motor vehicles,	49608
including determining the district of registration for any	49609
applicable motor vehicle tax levied under Chapter 4504. of the	49610
Revised Code, determining whether tailpipe emissions inspections	49611
are required, and financial responsibility verification.	49612

(G) The registrar shall adopt rules governing a request for	49613
confidentiality of a peace officer's, correctional employee's, or	49614
youth services employee's residence address or use of a business	49615
address, including the documentary evidence required to verify the	49616
person's status as a peace officer, correctional employee, or	49617
youth services employee, the length of time that the request will	49618
be valid, procedures for ensuring that the bureau of motor	49619
vehicles receives notice of any change in a person's status as a	49620
peace officer, correctional employee, or youth services employee,	49621
and any other procedures the registrar considers necessary. The	49622
rules of the registrar may require an officer or employee to	49623
surrender any certificate of registration and any driver's license	49624
bearing the business address of the officer or employee and, upon	49625
payment of any applicable fees, to receive a certificate of	49626
registration and license bearing the officer's or employee's	49627
residence address, whenever the officer or employee no longer is	49628
associated with that business address.	49629

(H) As used in this section:

49630

(1) "Motor vehicle record" has the same meaning as in section	49631
4501.27 of the Revised Code.	49632

(2) "Peace officer" means those persons described in division	49633
(A)(1), (2), (4), (5), (6), (9), (10), (12), (13), or (15) of	49634
section 109.71 of the Revised Code, an officer, agent, or employee	49635
of the state or any of its agencies, instrumentalities, or	49636
political subdivisions, upon whom, by statute, a duty to conserve	49637
the peace or to enforce all or certain laws is imposed and the	49638
authority to arrest violators is conferred, within the limits of	49639
that statutory duty and authority, an investigator of the bureau	49640
of criminal identification and investigation as defined in section	49641
2903.11 of the Revised Code, the house sergeant at arms appointed	49642
under division (B)(1) of section 101.311 of the Revised Code, ~~and~~	49643
any assistant sergeant at arms appointed under division (C)(1) of	49644
section 101.311 of the Revised Code, the senate sergeant at arms,	49645
and an assistant senate sergeant at arms. "Peace officer" includes	49646
state highway patrol troopers but does not include the sheriff of	49647
a county or a supervisory employee who, in the absence of the	49648
sheriff, is authorized to stand in for, exercise the authority of,	49649
and perform the duties of the sheriff.	49650

(3) "Correctional employee" and "youth services employee"	49651
have the same meanings as in section 149.43 of the Revised Code.	49652

Sec. 4503.031. (A)(1) If the registrar of motor vehicles	49653
determines that space is available at a deputy registrar's office,	49654
the clerk of the court of common pleas in the county where the	49655
deputy is located shall be given the opportunity to use the space	49656
for the purpose of carrying out the clerk's duties related to the	49657
titling of motor vehicles. Each clerk of the court of common pleas	49658
using space in a deputy registrar's office shall remit to the	49659
deputy a rental fee equal to the percentage of space occupied by	49660
the clerk in the deputy's office multiplied by the rental fee or	49661
mortgage cost paid for the entire deputy registrar's office plus a	49662
pro rata share of all utility costs.	49663

(2) If the clerk of the court of common pleas determines that	49664
space is available at any location at which the clerk has an	49665
office, the clerk shall inform the registrar of that fact and	49666
shall provide the registrar with all pertinent information about	49667
the available space. After giving due consideration to the	49668
locations of deputy registrar offices existing in the county in	49669
which the clerk of the court of common pleas is located, the	49670
registrar shall inform the appropriate deputy registrars, if any,	49671
of the available space of the clerk of the court of common pleas.	49672
Each such deputy registrar shall be given the opportunity to use	49673
the space for the purpose of carrying out the deputy registrar's	49674
duties. Each deputy registrar using space in the office of the	49675
clerk of a court of common pleas shall remit to the clerk a rental	49676
fee equal to the percentage of space occupied by the deputy	49677
registrar in the clerk's office multiplied by the rental fee or	49678
mortgage cost, if any, paid for the entire clerk's office plus a	49679
pro rata share of all utility costs.	49680

If no current deputy registrar elects to utilize the	49681
available space of the clerk of the court of common pleas, the	49682
registrar shall inform all persons who express an interest to the	49683
registrar in becoming a deputy registrar in that county of the	49684
available space of the clerk if the space in fact continues to be	49685
available.	49686

(3) A clerk of the court of common pleas and a deputy	49687
registrar may elect to occupy a location at which neither the	49688
clerk nor the deputy currently is an occupant. Any such	49689
arrangement is subject to the approval of the registrar, who shall	49690
give due consideration to all issues and aspects of the proposed	49691
arrangement, including security at the location and service to the	49692
public.	49693

(B) ~~The~~When possible, as determined by the director of	49694
public safety and the registrar ~~and the superintendent of the~~	49695
~~state highway patrol shall cooperate to the fullest extent~~	49696
~~possible in locating~~, a driver's license examination station shall	49697
be located at or near a deputy registrar's office. For each	49698
driver's license examination station located at a deputy	49699
registrar's office, the ~~superintendent of the state highway patrol~~	49700
director shall remit to the deputy a rental fee equal to the	49701
percentage of space occupied for the driver's license examination	49702
station multiplied by the rental fee or mortgage cost paid for the	49703
entire deputy registrar's office plus a pro rata share of all	49704
utility costs.	49705

(C) During the regular business hours of deputy registrars,	49706
the registrar shall keep the central office open and sufficiently	49707
staffed to be able to respond to the technical needs of the	49708
deputies.	49709

(D) The registrar shall adopt rules to promote public	49710
information regarding motor vehicle registration. The rules shall	49711
include:	49712

(1) The operation by the registrar, during the regular	49713
business hours of deputy registrars, of a toll-free telephone	49714
number to give information and receive complaints;	49715

(2) The listing by the registrar, of each deputy registrar,	49716
together with the toll-free telephone number required under	49717
division (D)(1) of this section, in the local business and	49718
advertising telephone directory for the area served by the deputy,	49719
under the heading of the bureau of motor vehicles.	49720

Sec. 4503.061. (A) All manufactured and mobile homes shall	49721
be listed on either the real property tax list or the manufactured	49722
home tax list of the county in which the home has situs. Each	49723
owner shall follow the procedures in this section to identify the	49724
home to the county auditor of the county containing the taxing	49725
district in which the home has situs so that the auditor may place	49726
the home on the appropriate tax list.	49727

(B) When a manufactured or mobile home first acquires situs	49728
in this state and is subject to real property taxation pursuant to	49729
division (B)(1) or (2) of section 4503.06 of the Revised Code, the	49730
owner shall present to the auditor of the county containing the	49731
taxing district in which the home has its situs the certificate of	49732
title for the home, together with proof that all taxes due have	49733
been paid and proof that a relocation notice was obtained for the	49734
home if required under this section. Upon receiving the	49735
certificate of title and the required proofs, the auditor shall	49736
place the home on the real property tax list and proceed to treat	49737
the home as other properties on that list. After the auditor has	49738
placed the home on the tax list of real and public utility	49739
property, the auditor shall deliver the certificate of title to	49740
the clerk of the court of common pleas that issued it pursuant to	49741
section 4505.11 of the Revised Code, and the clerk shall	49742
inactivate the certificate of title.	49743

(C)(1) When a manufactured or mobile home subject to a	49744
manufactured home tax is relocated to or first acquires situs in	49745
any county that has adopted a permanent manufactured home	49746
registration system, as provided in division (F) of this section,	49747
the owner, within thirty days after the home is relocated or first	49748
acquires situs under section 4503.06 of the Revised Code, shall	49749
register the home with the county auditor of the county containing	49750
the taxing district in which the home has its situs. For the first	49751
registration in each county of situs, the owner or vendee in	49752
possession shall present to the county auditor an Ohio certificate	49753
of title, certified copy of the certificate of title, or	49754
memorandum certificate of title as such are required by law, and	49755
proof, as required by the county auditor, that the home, if it has	49756
previously been occupied and is being relocated, has been	49757
previously registered, that all taxes due and required to be paid	49758
under division (H)(1) of this section before a relocation notice	49759
may be issued have been paid, and that a relocation notice was	49760
obtained for the home if required by division (H) of this section.	49761
If the owner or vendee does not possess the Ohio certificate of	49762
title, certified copy of the certificate of title, or memorandum	49763
certificate of title at the time the owner or vendee first	49764
registers the home in a county, the county auditor shall register	49765
the home without presentation of the document, but the owner or	49766
vendee shall present the certificate of title, certified copy of	49767
the certificate of title, or memorandum certificate of title to	49768
the county auditor within fourteen days after the owner or vendee	49769
obtains possession of the document.	49770

(2) When a manufactured or mobile home is registered for the	49771
first time in a county and when the total tax due has been paid as	49772
required by division (F) of section 4503.06 of the Revised Code or	49773
divisions (E) and (H) of this section, the county treasurer shall	49774
note by writing or by a stamp on the certificate of title,	49775
certified copy of certificate of title, or memorandum certificate	49776
of title that the home has been registered and that the taxes due,	49777
if any, have been paid for the preceding five years and for the	49778
current year. The treasurer shall then issue a certificate	49779
evidencing registration and a decal to be displayed on the street	49780
side of the home. The certificate is valid in any county in this	49781
state during the year for which it is issued.	49782

(3) For each year thereafter, the county treasurer shall	49783
issue a tax bill stating the amount of tax due under section	49784
4503.06 of the Revised Code, as provided in division (D)(6) of	49785
that section. When the total tax due has been paid as required by	49786
division (F) of that section, the county treasurer shall issue a	49787
certificate evidencing registration that shall be valid in any	49788
county in this state during the year for which the certificate is	49789
issued.	49790

(4) The permanent decal issued under this division is valid	49791
during the period of ownership, except that when a manufactured	49792
home is relocated in another county the owner shall apply for a	49793
new registration as required by this section and section 4503.06	49794
of the Revised Code.	49795

(D)(1) All owners of manufactured or mobile homes subject to	49796
the manufactured home tax being relocated to or having situs in a	49797
county that has not adopted a permanent registration system, as	49798
provided in division (F) of this section, shall register the home	49799
within thirty days after the home is relocated or first acquires	49800
situs under section 4503.06 of the Revised Code and thereafter	49801
shall annually register the home with the county auditor of the	49802
county containing the taxing district in which the home has its	49803
situs.	49804

(2) Upon the annual registration, the county treasurer shall	49805
issue a tax bill stating the amount of annual manufactured home	49806
tax due under section 4503.06 of the Revised Code, as provided in	49807
division (D)(6) of that section. When a manufactured or mobile	49808
home is registered and when the tax for the current one-half year	49809
has been paid as required by division (F) of that section, the	49810
county treasurer shall issue a certificate evidencing registration	49811
and a decal. The certificate and decal are valid in any county in	49812
this state during the year for which they are issued. The decal	49813
shall be displayed on the street side of the home.	49814

(3) For the first annual registration in each county of	49815
situs, the county auditor shall require the owner or vendee to	49816
present an Ohio certificate of title, certified copy of the	49817
certificate of title, or memorandum certificate of title as such	49818
are required by law, and proof, as required by the county auditor,	49819
that the manufactured or mobile home has been previously	49820
registered, if such registration was required, that all taxes due	49821
and required to be paid under division (H)(1) of this section	49822
before a relocation notice may be issued have been paid, and that	49823
a relocation notice was obtained for the home if required by	49824
division (H) of this section. If the owner or vendee does not	49825
possess the Ohio certificate of title, certified copy of the	49826
certificate of title, or memorandum certificate of title at the	49827
time the owner or vendee first registers the home in a county, the	49828
county auditor shall register the home without presentation of the	49829
document, but the owner or vendee shall present the certificate of	49830
title, certified copy of the certificate of title, or memorandum	49831
certificate of title to the county auditor within fourteen days	49832
after the owner or vendee obtains possession of the document. When	49833
the county treasurer receives the tax payment, the county	49834
treasurer shall note by writing or by a stamp on the certificate	49835
of title, certified copy of the certificate of title, or	49836
memorandum certificate of title that the home has been registered	49837
for the current year and that the manufactured home taxes due, if	49838
any, have been paid for the preceding five years and for the	49839
current year.	49840

(4) For subsequent annual registrations, the auditor may	49841
require the owner or vendee in possession to present an Ohio	49842
certificate of title, certified copy of the certificate of title,	49843
or memorandum certificate of title to the county treasurer upon	49844
payment of the manufactured home tax that is due.	49845

(E)(1) Upon the application to transfer ownership of a	49846
manufactured or mobile home for which manufactured home taxes are	49847
paid pursuant to division (C) of section 4503.06 of the Revised	49848
Code the clerk of the court of common pleas shall not issue any	49849
certificate of title that does not contain or have attached both	49850
of the following:	49851

(a) An endorsement of the county treasurer stating that the	49852
home has been registered for each year of ownership and that all	49853
manufactured home taxes imposed pursuant to section 4503.06 of the	49854
Revised Code have been paid or that no tax is due;	49855

(b) An endorsement of the county auditor that the	49856
manufactured home transfer tax imposed pursuant to section 322.06	49857
of the Revised Code and any fees imposed under division (G) of	49858
section 319.54 of the Revised Code have been paid.	49859

(2) If all the taxes have not been paid, the clerk shall	49860
notify the vendee to contact the county treasurer of the county	49861
containing the taxing district in which the home has its situs at	49862
the time of the proposed transfer. The county treasurer shall then	49863
collect all the taxes that are due for the year of the transfer	49864
and all previous years not exceeding a total of five years. The	49865
county treasurer shall distribute that part of the collection owed	49866
to the county treasurer of other counties if the home had its	49867
situs in another county during a particular year when the unpaid	49868
tax became due and payable. The burden to prove the situs of the	49869
home in the years that the taxes were not paid is on the	49870
transferor of the home. Upon payment of the taxes, the county	49871
auditor shall remove all remaining taxes from the manufactured	49872
home tax list and the delinquent manufactured home tax list, and	49873
the county treasurer shall release all liens for such taxes. The	49874
clerk of courts shall issue a certificate of title, free and clear	49875
of all liens for manufactured home taxes, to the transferee of the	49876
home.	49877

(3) Once the transfer is complete and the certificate of	49878
title has been issued, the transferee shall register the	49879
manufactured or mobile home pursuant to division (C) or (D) of	49880
this section with the county auditor of the county containing the	49881
taxing district in which the home remains after the transfer or,	49882
if the home is relocated to another county, with the county	49883
auditor of the county to which the home is relocated. The	49884
transferee need not pay the annual tax for the year of acquisition	49885
if the original owner has already paid the annual tax for that	49886
year.	49887

(F) The county auditor may adopt a permanent registration	49888
system and issue a permanent decal with the first registration as	49889
prescribed by the tax commissioner.	49890

(G) When any manufactured or mobile home required to be	49891
registered by this section is not registered, the county auditor	49892
shall impose a penalty of one hundred dollars upon the owner and	49893
deposit the amount to the credit of the county real estate	49894
assessment fund to be used to pay the costs of administering this	49895
section and section 4503.06 of the Revised Code. If unpaid, the	49896
penalty shall constitute a lien on the home and shall be added by	49897
the county auditor to the manufactured home tax list for	49898
collection.	49899

(H)(1) Except as otherwise provided in this division, before	49900
moving a manufactured or mobile home on public roads from one	49901
address within this state to another address within or outside	49902
this state, the owner of the home shall obtain a relocation	49903
notice, as provided by this section, from the auditor of the	49904
county in which the home is located if the home is currently	49905
subject to taxation pursuant to section 4503.06 of the Revised	49906
Code. The auditor shall charge five dollars for the notice, and	49907
deposit the amount to the credit of the county real estate	49908
assessment fund to be used to pay the costs of administering this	49909
section and section 4503.06 of the Revised Code. The auditor shall	49910
not issue a relocation notice unless all taxes owed on the home	49911
under section 4503.06 of the Revised Code that were first charged	49912
to the home during the period of ownership of the owner seeking	49913
the relocation notice have been paid. If the home is being moved	49914
by a new owner of the home or by a party taking repossession of	49915
the home, the auditor shall not issue a relocation notice unless	49916
all of the taxes due for the preceding five years and for the	49917
current year have been paid. A relocation notice issued by a	49918
county auditor is valid until the last day of December of the year	49919
in which it was issued.	49920

If the home is being moved by a sheriff, police officer,	49921
constable, bailiff, or manufactured home park operator, as defined	49922
in section ~~3733.01~~4781.01 of the Revised Code, or any agent of	49923
any of these persons, for purposes of removal from a manufactured	49924
home park and storage, sale, or destruction under section 1923.14	49925
of the Revised Code, the auditor shall issue a relocation notice	49926
without requiring payment of any taxes owed on the home under	49927
section 4503.06 of the Revised Code.	49928

(2) If a manufactured or mobile home is not yet subject to	49929
taxation under section 4503.06 of the Revised Code, the owner of	49930
the home shall obtain a relocation notice from the dealer of the	49931
home. Within thirty days after the manufactured or mobile home is	49932
purchased, the dealer of the home shall provide the auditor of the	49933
county in which the home is to be located written notice of the	49934
name of the purchaser of the home, the registration number or	49935
vehicle identification number of the home, and the address or	49936
location to which the home is to be moved. The county auditor	49937
shall provide to each manufactured and mobile home dealer, without	49938
charge, a supply of relocation notices to be distributed to	49939
purchasers pursuant to this section.	49940

(3) The notice shall be in the form of a one-foot square	49941
yellow sign with the words "manufactured home relocation notice"	49942
printed prominently on it. The name of the owner of the home, the	49943
home's registration number or vehicle identification number, the	49944
county and the address or location to which the home is being	49945
moved, and the county in which the notice is issued shall also be	49946
entered on the notice.	49947

(4) The relocation notice must be attached to the rear of the	49948
home when the home is being moved on a public road. Except as	49949
provided in divisions (H)(1) and (5) of this section, no person	49950
shall drive a motor vehicle moving a manufactured or mobile home	49951
on a public road from one address to another address within this	49952
state unless a relocation notice is attached to the rear of the	49953
home.	49954

(5) If the county auditor determines that a manufactured or	49955
mobile home has been moved without a relocation notice as required	49956
under this division, the auditor shall impose a penalty of one	49957
hundred dollars upon the owner of the home and upon the person who	49958
moved the home and deposit the amount to the credit of the county	49959
real estate assessment fund to pay the costs of administering this	49960
section and section 4503.06 of the Revised Code. If the home was	49961
relocated from one county in this state to another county in this	49962
state and the county auditor of the county to which the home was	49963
relocated imposes the penalty, that county auditor, upon	49964
collection of the penalty, shall cause an amount equal to the	49965
penalty to be transmitted from the county real estate assessment	49966
fund to the county auditor of the county from which the home was	49967
relocated, who shall deposit the amount to the credit of the	49968
county real estate assessment fund. If the penalty on the owner is	49969
unpaid, the penalty shall constitute a lien on the home and the	49970
auditor shall add the penalty to the manufactured home tax list	49971
for collection. If the county auditor determines that a dealer	49972
that has sold a manufactured or mobile home has failed to timely	49973
provide the information required under this division, the auditor	49974
shall impose a penalty upon the dealer in the amount of one	49975
hundred dollars. The penalty shall be credited to the county real	49976
estate assessment fund and used to pay the costs of administering	49977
this section and section 4503.06 of the Revised Code.	49978

(I) Whoever violates division (H)(4) of this section is	49979
guilty of a minor misdemeanor.	49980

Sec. 4503.062. (A) Every operator of a manufactured home	49981
court, or manufactured home park, as defined in section ~~3733.01~~	49982
4781.01 of the Revised Code, or when there is no operator, every	49983
owner of property used for such purposes on which three or more	49984
manufactured or mobile homes are located, shall keep a register of	49985
all manufactured and mobile homes that make use of the court,	49986
park, or property. The register shall contain all of the	49987
following:	49988

(1) The name of the owner and all inhabitants of each home;

49989

(2) The ages of all inhabitants of each home;

49990

(3) The permanent and temporary post office addresses of all	49991
inhabitants of each home;	49992

(4) The license number of each home;

49993

(5) The state issuing each such license;

49994

(6) The date of arrival and of departure of each home;

49995

(7) The make and model of each home, if known and if either	49996
of the following applies:	49997

(a) The home enters the court, park, or property on or after	49998
January 1, 2003.	49999

(b) Ownership of the home in the court or park, or on the	50000
property, is transferred on or after January 1, 2003.	50001

(B) The register shall be open to inspection by the county	50002
auditor, the county treasurer, agents of the auditor or treasurer,	50003
and all law enforcement agencies at all times.	50004

(C) Any person who fails to comply with this section shall be	50005
fined not less than twenty-five nor more than one hundred dollars.	50006

Sec. 4503.81. As used in the bus taxation proration and	50007
reciprocity agreement authorized by section 4503.80 of the Revised	50008
Code, with reference to Ohio, "administrator" means the registrar	50009
of motor vehicles.	50010

The registrar may make such exemptions from the coverage of	50011
the agreement as may be appropriate and may make such changes in	50012
methods for the reporting of any information required to be	50013
furnished to this state pursuant to the agreement as, in ~~his~~the	50014
registrar's judgment, are suitable; provided that any such	50015
exemptions or changes shall not be contrary to the purposes set	50016
forth in article I of the agreement and shall be made in order to	50017
permit the continuance of uniformity of practice among the	50018
contracting states with respect to buses. Any such exemption or	50019
change shall be made by rule adopted under Chapter 119. of the	50020
Revised Code. Unless otherwise provided in any statute withdrawing	50021
this state from participation in the agreement, the governor shall	50022
be the officer to give notice of withdrawal therefrom.	50023

The fees referred to in article IV (a) of the agreement shall	50024
include the fees provided in section 4503.04 of the Revised Code	50025
and the annual tax provided in section ~~4921.18~~4921.19 of the	50026
Revised Code. As to the state of Ohio, article V (d) shall mean	50027
that all fleets not subject to this compact shall continue to	50028
enjoy that reciprocity and those privileges extended by virtue of	50029
other provisions of the Revised Code.	50030

Nothing contained herein shall be construed so as to permit a	50031
fleet which is prorating under the laws of another state to avoid	50032
proration under this compact.	50033

The registrar of motor vehicles shall collect a fee of two	50034
dollars per bus for every bus registered under the provisions of	50035
article IV (a) for administration of the agreement, in addition to	50036
the fees provided in article IV (a).	50037

The registrar of motor vehicles shall assess the operator of	50038
buses registered under the provisions of article IV (a) the actual	50039
cost of ~~his~~the registrar's auditing the accuracy of the fees paid	50040
by the operator in accordance with article IV (a).	50041

The registrar of motor vehicles may renounce the	50042
participation of this state in the bus taxation proration and	50043
reciprocity agreement under article VI of section 4503.80 of the	50044
Revised Code, ~~if he finds~~after finding that further participation	50045
in the compact is not in the best interests of the state. The	50046
registrar shall set forth ~~his~~the registrar's reasons in writing	50047
and serve notice of intention to renounce the compact upon the	50048
owner of each registered fleet. HeThe registrar shall then	50049
certify the renunciation to the governor.	50050

Sec. 4506.01. As used in this chapter:

50051

(A) "Alcohol concentration" means the concentration of	50052
alcohol in a person's blood, breath, or urine. When expressed as a	50053
percentage, it means grams of alcohol per the following:	50054

(1) One hundred milliliters of whole blood, blood serum, or	50055
blood plasma;	50056

(2) Two hundred ten liters of breath;

50057

(3) One hundred milliliters of urine.

50058

(B) "Commercial driver's license" means a license issued in	50059
accordance with this chapter that authorizes an individual to	50060
drive a commercial motor vehicle.	50061

(C) "Commercial driver's license information system" means	50062
the information system established pursuant to the requirements of	50063
the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.	50064
3207-171, 49 U.S.C.A. App. 2701.	50065

(D) Except when used in section 4506.25 of the Revised Code,	50066
"commercial motor vehicle" means any motor vehicle designed or	50067
used to transport persons or property that meets any of the	50068
following qualifications:	50069

(1) Any combination of vehicles with a combined gross vehicle	50070
weight rating of twenty-six thousand one pounds or more, provided	50071
the gross vehicle weight rating of the vehicle or vehicles being	50072
towed is in excess of ten thousand pounds;	50073

(2) Any single vehicle with a gross vehicle weight rating of	50074
twenty-six thousand one pounds or more, or any such vehicle towing	50075
a vehicle having a gross vehicle weight rating that is not in	50076
excess of ten thousand pounds;	50077

(3) Any single vehicle or combination of vehicles that is not	50078
a class A or class B vehicle, but is designed to transport sixteen	50079
or more passengers including the driver;	50080

(4) Any school bus with a gross vehicle weight rating of less	50081
than twenty-six thousand one pounds that is designed to transport	50082
fewer than sixteen passengers including the driver;	50083

(5) Is transporting hazardous materials for which placarding	50084
is required under subpart F of 49 C.F.R. part 172, as amended;	50085

(6) Any single vehicle or combination of vehicles that is	50086
designed to be operated and to travel on a public street or	50087
highway and is considered by the federal motor carrier safety	50088
administration to be a commercial motor vehicle, including, but	50089
not limited to, a motorized crane, a vehicle whose function is to	50090
pump cement, a rig for drilling wells, and a portable crane.	50091

(E) "Controlled substance" means all of the following:

50092

(1) Any substance classified as a controlled substance under	50093
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A.	50094
802(6), as amended;	50095

(2) Any substance included in schedules I through V of 21	50096
C.F.R. part 1308, as amended;	50097

(3) Any drug of abuse.

50098

(F) "Conviction" means an unvacated adjudication of guilt or	50099
a determination that a person has violated or failed to comply	50100
with the law in a court of original jurisdiction or an authorized	50101
administrative tribunal, an unvacated forfeiture of bail or	50102
collateral deposited to secure the person's appearance in court, a	50103
plea of guilty or nolo contendere accepted by the court, the	50104
payment of a fine or court cost, or violation of a condition of	50105
release without bail, regardless of whether or not the penalty is	50106
rebated, suspended, or probated.	50107

(G) "Disqualification" means any of the following:

50108

(1) The suspension, revocation, or cancellation of a person's	50109
privileges to operate a commercial motor vehicle;	50110

(2) Any withdrawal of a person's privileges to operate a	50111
commercial motor vehicle as the result of a violation of state or	50112
local law relating to motor vehicle traffic control other than	50113
parking, vehicle weight, or vehicle defect violations;	50114

(3) A determination by the federal motor carrier safety	50115
administration that a person is not qualified to operate a	50116
commercial motor vehicle under 49 C.F.R. 391.	50117

(H) "Downgrade" means any of the following, as applicable:

50118

(1) A change in the commercial driver's license holder's	50119
self-certified status as described in division (A)(2) of section	50120
4506.10 of the Revised Code;	50121

(2) A change to a lesser class of vehicle;

50122

(3) Removal of commercial driver's license privileges from	50123
the individual's driver's license.	50124

(I) "Drive" means to drive, operate, or be in physical	50125
control of a motor vehicle.	50126

(J) "Driver" means any person who drives, operates, or is in	50127
physical control of a commercial motor vehicle or is required to	50128
have a commercial driver's license.	50129

(K) "Driver's license" means a license issued by the bureau	50130
of motor vehicles that authorizes an individual to drive.	50131

(L) "Drug of abuse" means any controlled substance, dangerous	50132
drug as defined in section 4729.01 of the Revised Code, or	50133
over-the-counter medication that, when taken in quantities	50134
exceeding the recommended dosage, can result in impairment of	50135
judgment or reflexes.	50136

(M) "Electronic device" includes a cellular telephone, a	50137
personal digital assistant, a pager, a computer, and any other	50138
device used to input, write, send, receive, or read text.	50139

(N) "Eligible unit of local government" means a village,	50140
township, or county that has a population of not more than three	50141
thousand persons according to the most recent federal census.	50142

(O) "Employer" means any person, including the federal	50143
government, any state, and a political subdivision of any state,	50144
that owns or leases a commercial motor vehicle or assigns a person	50145
to drive such a motor vehicle.	50146

(P) "Endorsement" means an authorization on a person's	50147
commercial driver's license that is required to permit the person	50148
to operate a specified type of commercial motor vehicle.	50149

(Q) "Farm truck" means a truck controlled and operated by a	50150
farmer for use in the transportation to or from a farm, for a	50151
distance of not more than one hundred fifty miles, of products of	50152
the farm, including livestock and its products, poultry and its	50153
products, floricultural and horticultural products, and in the	50154
transportation to the farm, from a distance of not more than one	50155
hundred fifty miles, of supplies for the farm, including tile,	50156
fence, and every other thing or commodity used in agricultural,	50157
floricultural, horticultural, livestock, and poultry production,	50158
and livestock, poultry, and other animals and things used for	50159
breeding, feeding, or other purposes connected with the operation	50160
of the farm, when the truck is operated in accordance with this	50161
division and is not used in the operations of a ~~motor~~	50162
~~transportation company or private~~ motor carrier, as defined in	50163
section 4923.01 of the Revised Code.	50164

(R) "Fatality" means the death of a person as the result of a	50165
motor vehicle accident occurring not more than three hundred	50166
sixty-five days prior to the date of death.	50167

(S) "Felony" means any offense under federal or state law	50168
that is punishable by death or specifically classified as a felony	50169
under the law of this state, regardless of the penalty that may be	50170
imposed.	50171

(T) "Foreign jurisdiction" means any jurisdiction other than	50172
a state.	50173

(U) "Gross vehicle weight rating" means the value specified	50174
by the manufacturer as the maximum loaded weight of a single or a	50175
combination vehicle. The gross vehicle weight rating of a	50176
combination vehicle is the gross vehicle weight rating of the	50177
power unit plus the gross vehicle weight rating of each towed	50178
unit.	50179

(V) "Hazardous materials" means any material that has been	50180
designated as hazardous under 49 U.S.C. 5103 and is required to be	50181
placarded under subpart F of 49 C.F.R. part 172 or any quantity of	50182
a material listed as a select agent or toxin in 42 C.F.R. part 73,	50183
as amended.	50184

(W) "Imminent hazard" means the existence of a condition that	50185
presents a substantial likelihood that death, serious illness,	50186
severe personal injury, or a substantial endangerment to health,	50187
property, or the environment may occur before the reasonably	50188
foreseeable completion date of a formal proceeding begun to lessen	50189
the risk of that death, illness, injury, or endangerment.	50190

(X) "Medical variance" means one of the following received by	50191
a driver from the federal motor carrier safety administration that	50192
allows the driver to be issued a medical certificate:	50193

(1) An exemption letter permitting operation of a commercial	50194
motor vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64;	50195

(2) A skill performance evaluation certificate permitting	50196
operation of a commercial motor vehicle pursuant to 49 C.F.R.	50197
391.49.	50198

(Y) "Motor vehicle" means a vehicle, machine, tractor,	50199
trailer, or semitrailer propelled or drawn by mechanical power	50200
used on highways, except that such term does not include a	50201
vehicle, machine, tractor, trailer, or semitrailer operated	50202
exclusively on a rail.	50203

(Z) "Out-of-service order" means a declaration by an	50204
authorized enforcement officer of a federal, state, local,	50205
Canadian, or Mexican jurisdiction declaring that a driver,	50206
commercial motor vehicle, or commercial motor carrier operation is	50207
out of service as defined in 49 C.F.R. 390.5.	50208

(AA) "Peace officer" has the same meaning as in section	50209
2935.01 of the Revised Code.	50210

(BB) "Portable tank" means a liquid or gaseous packaging	50211
designed primarily to be loaded onto or temporarily attached to a	50212
vehicle and equipped with skids, mountings, or accessories to	50213
facilitate handling of the tank by mechanical means.	50214

(CC) "Public safety vehicle" has the same meaning as in	50215
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.	50216

(DD) "Recreational vehicle" includes every vehicle that is	50217
defined as a recreational vehicle in section 4501.01 of the	50218
Revised Code and is used exclusively for purposes other than	50219
engaging in business for profit.	50220

(EE) "Residence" means any person's residence determined in	50221
accordance with standards prescribed in rules adopted by the	50222
registrar.	50223

(FF) "School bus" has the same meaning as in section 4511.01	50224
of the Revised Code.	50225

(GG) "Serious traffic violation" means any of the following:

50226

(1) A conviction arising from a single charge of operating a	50227
commercial motor vehicle in violation of any provision of section	50228
4506.03 of the Revised Code;	50229

(2) A violation while operating a commercial motor vehicle of	50230
a law of this state, or any municipal ordinance or county or	50231
township resolution prohibiting texting while driving, or any	50232
other substantially similar law of another state or political	50233
subdivision of another state;	50234

(3) A conviction arising from the operation of any motor	50235
vehicle that involves any of the following:	50236

(a) A single charge of any speed in excess of the posted	50237
speed limit by fifteen miles per hour or more;	50238

(b) Violation of section 4511.20 or 4511.201 of the Revised	50239
Code or any similar ordinance or resolution, or of any similar law	50240
of another state or political subdivision of another state;	50241

(c) Violation of a law of this state or an ordinance or	50242
resolution relating to traffic control, other than a parking	50243
violation, or of any similar law of another state or political	50244
subdivision of another state, that results in a fatal accident;	50245

(d) Violation of section 4506.03 of the Revised Code or a	50246
substantially similar municipal ordinance or county or township	50247
resolution, or of any similar law of another state or political	50248
subdivision of another state, that involves the operation of a	50249
commercial motor vehicle without a valid commercial driver's	50250
license with the proper class or endorsement for the specific	50251
vehicle group being operated or for the passengers or type of	50252
cargo being transported;	50253

(e) Violation of section 4506.03 of the Revised Code or a	50254
substantially similar municipal ordinance or county or township	50255
resolution, or of any similar law of another state or political	50256
subdivision of another state, that involves the operation of a	50257
commercial motor vehicle without a valid commercial driver's	50258
license being in the person's possession;	50259

(f) Violation of section 4511.33 or 4511.34 of the Revised	50260
Code, or any municipal ordinance or county or township resolution	50261
substantially similar to either of those sections, or any	50262
substantially similar law of another state or political	50263
subdivision of another state;	50264

(g) Violation of any other law of this state or an ordinance	50265
or resolution relating to traffic control, other than a parking	50266
violation, that is determined to be a serious traffic violation by	50267
the United States secretary of transportation and the director	50268
designates as such by rule.	50269

(HH) "State" means a state of the United States and includes	50270
the District of Columbia.	50271

(II) "Tank vehicle" means any commercial motor vehicle that	50272
is designed to transport any liquid and has a maximum capacity	50273
greater than one hundred nineteen gallons or is designed to	50274
transport gaseous materials and has a water capacity greater than	50275
one thousand pounds within a tank that is either permanently or	50276
temporarily attached to the vehicle or its chassis. "Tank vehicle"	50277
does not include any of the following:	50278

(1) Any portable tank having a rated capacity of less than	50279
one thousand gallons;	50280

(2) Tanks used exclusively as a fuel tank for the motor	50281
vehicle to which it is attached;	50282

(3) An empty storage container tank that is not designed for	50283
transportation and that is readily distinguishable from a	50284
transportation tank;	50285

(4) Ready-mix concrete mixers.

50286

(JJ) "Tester" means a person or entity acting pursuant to a	50287
valid agreement entered into pursuant to division (B) of section	50288
4506.09 of the Revised Code.	50289

(KK) "Texting" means manually entering alphanumeric text	50290
into, or reading text from, an electronic device. Texting includes	50291
short message service, e-mail, instant messaging, a command or	50292
request to access a world wide web page, or engaging in any other	50293
form of electronic text retrieval or entry, for present or future	50294
communication. Texting does not include the following:	50295

(1) Reading, selecting, or entering a telephone number, an	50296
extension number, or voicemail retrieval codes and commands into	50297
an electronic device for the purpose of initiating or receiving a	50298
telephone call or using voice commands to initiate or receive a	50299
telephone call;	50300

(2) Inputting, selecting, or reading information on a global	50301
positioning system or navigation system.	50302

(LL) "Texting while driving" means texting while operating a	50303
commercial motor vehicle, with the motor running, including while	50304
temporarily stationary because of traffic, a traffic control	50305
device, or other momentary delays, but does not include operating	50306
a commercial motor vehicle with or without the motor running when	50307
the driver has moved the vehicle to the side of, or off, a highway	50308
and is stopped in a location where the vehicle can safely remain	50309
stationary.	50310

(MM) "United States" means the fifty states and the District	50311
of Columbia.	50312

(NN) "Upgrade" means a change in the class of vehicles,	50313
endorsements, or self-certified status as described in division	50314
(A)(2) of section 4506.10 of the Revised Code, that expands the	50315
ability of a current commercial driver's license holder to operate	50316
commercial motor vehicles under this chapter;	50317

(OO) "Vehicle" has the same meaning as in section 4511.01 of	50318
the Revised Code.	50319

Sec. 4506.03. (A) Except as provided in divisions (B) and	50320
(C) of this section, the following shall apply:	50321

(1) No person shall drive a commercial motor vehicle on a	50322
highway in this state unless the person holds, and has in the	50323
person's possession, a valid commercial driver's license with	50324
proper endorsements for the motor vehicle being driven, issued by	50325
the registrar of motor vehicles, a valid examiner's commercial	50326
driving permit issued under section 4506.13 of the Revised Code, a	50327
valid restricted commercial driver's license and waiver for	50328
farm-related service industries issued under section 4506.24 of	50329
the Revised Code, or a valid commercial driver's license temporary	50330
instruction permit issued by the registrar and is accompanied by	50331
an authorized state driver's license examiner or tester or a	50332
person who has been issued and has in the person's immediate	50333
possession a current, valid commercial driver's license with	50334
proper endorsements for the motor vehicle being driven.	50335

(2) No person shall be issued a commercial driver's license	50336
until the person surrenders to the registrar of motor vehicles all	50337
valid licenses issued to the person by another jurisdiction	50338
recognized by this state. The registrar shall report the surrender	50339
of a license to the issuing authority, together with information	50340
that a license is now issued in this state. The registrar shall	50341
destroy any such license that is not returned to the issuing	50342
authority.	50343

(3) No person who has been a resident of this state for	50344
thirty days or longer shall drive a commercial motor vehicle under	50345
the authority of a commercial driver's license issued by another	50346
jurisdiction.	50347

(B) Nothing in division (A) of this section applies to any	50348
qualified person when engaged in the operation of any of the	50349
following:	50350

(1) A farm truck;

50351

(2) Fire equipment for a fire department, volunteer or	50352
nonvolunteer fire company, fire district, or joint fire district;	50353

(3) A public safety vehicle used to provide transportation or	50354
emergency medical service for ill or injured persons;	50355

(4) A recreational vehicle;

50356

(5) A commercial motor vehicle within the boundaries of an	50357
eligible unit of local government, if the person is employed by	50358
the eligible unit of local government and is operating the	50359
commercial motor vehicle for the purpose of removing snow or ice	50360
from a roadway by plowing, sanding, or salting, but only if either	50361
the employee who holds a commercial driver's license issued under	50362
this chapter and ordinarily operates a commercial motor vehicle	50363
for these purposes is unable to operate the vehicle, or the	50364
employing eligible unit of local government determines that a snow	50365
or ice emergency exists that requires additional assistance;	50366

(6) A vehicle operated for military purposes by any member or	50367
uniformed employee of the armed forces of the United States or	50368
their reserve components, including the Ohio national guard. This	50369
exception does not apply to United States reserve technicians.	50370

(7) A commercial motor vehicle that is operated for	50371
nonbusiness purposes. "Operated for nonbusiness purposes" means	50372
that the commercial motor vehicle is not used in commerce as	50373
"commerce" is defined in 49 C.F.R. 383.5, as amended, and is not	50374
regulated by the public utilities commission pursuant to Chapter	50375
~~4919~~4905., 4921., or 4923. of the Revised Code.	50376

(8) A motor vehicle that is designed primarily for the	50377
transportation of goods and not persons, while that motor vehicle	50378
is being used for the occasional transportation of personal	50379
property by individuals not for compensation and not in the	50380
furtherance of a commercial enterprise;	50381

(9) A police SWAT team vehicle;

50382

(10) A police vehicle used to transport prisoners.

50383

(C) Nothing contained in division (B)(5) of this section	50384
shall be construed as preempting or superseding any law, rule, or	50385
regulation of this state concerning the safe operation of	50386
commercial motor vehicles.	50387

(D) Whoever violates this section is guilty of a misdemeanor	50388
of the first degree.	50389

Sec. 4506.22. (A) The director of public safety and the	50390
registrar of motor vehicles, subject to approval by the director,	50391
may, in accordance with Chapter 119. of the Revised Code, adopt	50392
any rules necessary to carry out this chapter.	50393

(B) The department of public safety may do all of the	50394
following:	50395

(1) Enter into or make any agreements, arrangements, or	50396
declarations necessary to carry out this chapter;	50397

(2) Charge a fee for all publications that is equal to the	50398
cost of printing the publications.	50399

(C) Nothing in this chapter shall be construed to restrict	50400
the authority of the public utilities commission specified in	50401
Chapters 4905., 4921., and 4923. of the Revised Code regarding	50402
safety rules applicable to motor carriers.	50403

Sec. 4506.25. (A) As used in this section, "commercial motor	50404
vehicle" means any self-propelled or towed vehicle used on public	50405
highways in intrastate or interstate commerce to transport	50406
passengers or property that meets any of the following	50407
specifications:	50408

(1) The vehicle has a gross vehicle weight rating or gross	50409
combination weight rating of ten thousand one pounds or more.	50410

(2) The vehicle is designed to transport sixteen or more	50411
passengers, including the driver.	50412

(3) The vehicle is used in the transportation of hazardous	50413
materials in a quantity requiring placarding under the regulations	50414
issued by the United States secretary of transportation under the	50415
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49	50416
U.S.C.A. 1801, as amended.	50417

(B) The registrar of motor vehicles shall disqualify any	50418
person from operating a commercial motor vehicle who receives a	50419
notice of a conviction for violation of an out-of-service order	50420
issued under rules of the public utilities commission adopted	50421
pursuant to ~~section 4919.79, 4921.04~~Chapter 4905., 4921., or	50422
~~4923.20~~4923. of the Revised Code, or a conviction for a violation	50423
of the same or similar laws of another state or jurisdiction	50424
applicable to vehicles in regulated commerce.	50425

Sec. 4507.01. (A) As used in this chapter, "motor vehicle,"	50426
"motorized bicycle," "state," "owner," "operator," "chauffeur,"	50427
and "highways" have the same meanings as in section 4501.01 of the	50428
Revised Code.	50429

"Driver's license" means a class D license issued to any	50430
person to operate a motor vehicle or motor-driven cycle, other	50431
than a commercial motor vehicle, and includes "probationary	50432
license," "restricted license," and any operator's or chauffeur's	50433
license issued before January 1, 1990.	50434

"Probationary license" means the license issued to any person	50435
between sixteen and eighteen years of age to operate a motor	50436
vehicle.	50437

"Restricted license" means the license issued to any person	50438
to operate a motor vehicle subject to conditions or restrictions	50439
imposed by the registrar of motor vehicles.	50440

"Commercial driver's license" means the license issued to a	50441
person under Chapter 4506. of the Revised Code to operate a	50442
commercial motor vehicle.	50443

"Commercial motor vehicle" has the same meaning as in section	50444
4506.01 of the Revised Code.	50445

"Motorized bicycle license" means the license issued under	50446
section 4511.521 of the Revised Code to any person to operate a	50447
motorized bicycle including a "probationary motorized bicycle	50448
license."	50449

"Probationary motorized bicycle license" means the license	50450
issued under section 4511.521 of the Revised Code to any person	50451
between fourteen and sixteen years of age to operate a motorized	50452
bicycle.	50453

"Identification card" means a card issued under sections	50454
4507.50 and 4507.51 of the Revised Code.	50455

"Resident" means a person who, in accordance with standards	50456
prescribed in rules adopted by the registrar, resides in this	50457
state on a permanent basis.	50458

"Temporary resident" means a person who, in accordance with	50459
standards prescribed in rules adopted by the registrar, resides in	50460
this state on a temporary basis.	50461

(B) In the administration of this chapter and Chapter 4506.	50462
of the Revised Code, the registrar has the same authority as is	50463
conferred on the registrar by section 4501.02 of the Revised Code.	50464
Any act of an authorized deputy registrar of motor vehicles under	50465
direction of the registrar is deemed the act of the registrar.	50466

To carry out this chapter, the registrar shall appoint such	50467
deputy registrars in each county as are necessary.	50468

The registrar also shall provide at each place where an	50469
application for a driver's or commercial driver's license or	50470
identification card may be made the necessary equipment to take a	50471
color photograph of the applicant for such license or card as	50472
required under section 4506.11 or 4507.06 of the Revised Code, and	50473
to conduct the vision screenings required by section 4507.12 of	50474
the Revised Code, and equipment to laminate licenses, motorized	50475
bicycle licenses, and identification cards as required by sections	50476
4507.13, 4507.52, and 4511.521 of the Revised Code.	50477

The registrar shall assign one or more deputy registrars to	50478
any driver's license examining station operated under the	50479
supervision of the ~~state highway patrol~~director of public safety,	50480
whenever the registrar considers such assignment possible. Space	50481
shall be provided in the driver's license examining station for	50482
any such deputy registrar so assigned. The deputy registrars shall	50483
not exercise the powers conferred by such sections upon the	50484
registrar, unless they are specifically authorized to exercise	50485
such powers by such sections.	50486

(C) No agent for any insurance company, writing automobile	50487
insurance, shall be appointed deputy registrar, and any such	50488
appointment is void. No deputy registrar shall in any manner	50489
solicit any form of automobile insurance, nor in any manner	50490
advise, suggest, or influence any licensee or applicant for	50491
license for or against any kind or type of automobile insurance,	50492
insurance company, or agent, nor have the deputy registrar's	50493
office directly connected with the office of any automobile	50494
insurance agent, nor impart any information furnished by any	50495
applicant for a license or identification card to any person,	50496
except the registrar. This division shall not apply to any	50497
nonprofit corporation appointed deputy registrar.	50498

(D) The registrar shall immediately remove a deputy registrar	50499
who violates the requirements of this chapter.	50500

(E) The registrar shall periodically solicit bids and enter	50501
into a contract for the provision of laminating equipment and	50502
laminating materials to the registrar and all deputy registrars.	50503
The registrar shall not consider any bid that does not provide for	50504
the supplying of both laminating equipment and laminating	50505
materials. The laminating materials selected shall contain a	50506
security feature so that any tampering with the laminating	50507
material covering a license or identification card is readily	50508
apparent. In soliciting bids and entering into a contract for the	50509
provision of laminating equipment and laminating materials, the	50510
registrar shall observe all procedures required by law.	50511

Sec. 4507.011. (A) Each deputy registrar assigned to a	50512
driver's license examining station by the registrar of motor	50513
vehicles as provided in section 4507.01 of the Revised Code shall	50514
remit to the ~~superintendent~~director of ~~the state highway patrol~~	50515
public safety a rental fee equal to the percentage of space	50516
occupied by the deputy registrar in the driver's license examining	50517
station multiplied by the rental fee paid for the entire driver's	50518
license examining station plus a pro rata share of all utility	50519
costs. All such moneys received by the ~~superintendent~~director	50520
shall be deposited in the state treasury to the credit of the	50521
registrar rental fund, which is hereby created. The moneys in the	50522
fund shall be used by the ~~state highway patrol~~department of	50523
public safety only to pay the rent and expenses of the driver's	50524
license examining stations. All investment earnings of the fund	50525
shall be credited to the fund.	50526

(B) Each deputy registrar assigned to a bureau of motor	50527
vehicles' location shall reimburse the registrar a monthly	50528
building rental fee, including applicable utility charges. All	50529
such moneys received by the registrar shall be deposited into the	50530
state bureau of motor vehicles fund created in section 4501.25 of	50531
the Revised Code.	50532

Sec. 4507.12. (A) Except as provided in division (C) of	50533
section 4507.10 of the Revised Code, each person applying for the	50534
renewal of a driver's license shall submit to a screening of the	50535
person's vision before the license may be renewed. The vision	50536
screening shall be conducted at the office of the deputy registrar	50537
receiving the application for license renewal.	50538

(B) When the results of a vision screening given under	50539
division (A) of this section indicate that the vision of the	50540
person examined meets the standards required for licensing, the	50541
deputy registrar may renew the person's driver's license at that	50542
time.	50543

(C) When the results of a vision screening given under	50544
division (A) of this section indicate that the vision of the	50545
person screened may not meet the standards required for licensing,	50546
the deputy registrar shall not renew the person's driver's license	50547
at that time but shall refer the person to a driver's license	50548
examiner appointed by the ~~superintendent~~director of ~~the state~~	50549
~~highway patrol~~public safety under section ~~5503.21~~5502.05 of the	50550
Revised Code for a further examination of the person's vision.	50551
When a person referred to a driver's license examiner by a deputy	50552
registrar does not meet the vision standards required for	50553
licensing, the driver's license examiner shall retain the person's	50554
operator's or chauffeur's license and shall immediately notify the	50555
registrar of motor vehicles of that fact. No driver's license	50556
shall be issued to any such person, until the person's vision is	50557
corrected to meet the standards required for licensing and the	50558
person passes the vision screening required by this section. Any	50559
person who operates a motor vehicle on a highway, or on any public	50560
or private property used by the public for purposes of vehicular	50561
travel or parking, during the time the person's driver's license	50562
is held by a driver's license examiner under this division, shall	50563
be deemed to be operating a motor vehicle in violation of division	50564
(A) of section 4510.12 of the Revised Code.	50565

(D) The registrar shall adopt rules and shall provide any	50566
forms necessary to properly conduct vision screenings at the	50567
office of a deputy registrar.	50568

(E) No person conducting vision screenings under this section	50569
shall be personally liable for damages for injury or loss to	50570
persons or property and for death caused by the operation of a	50571
motor vehicle by any person whose driver's license was renewed by	50572
the deputy registrar under division (B) of this section.	50573

Sec. 4507.51. (A)(1) Every application for an identification	50574
card or duplicate shall be made on a form furnished by the	50575
registrar of motor vehicles, shall be signed by the applicant, and	50576
by the applicant's parent or guardian if the applicant is under	50577
eighteen years of age, and shall contain the following information	50578
pertaining to the applicant: name, date of birth, sex, general	50579
description including the applicant's height, weight, hair color,	50580
and eye color, address, and social security number. The	50581
application also shall state whether an applicant wishes to	50582
certify willingness to make an anatomical gift under section	50583
2108.05 of the Revised Code and shall include information about	50584
the requirements of sections 2108.01 to 2108.29 of the Revised	50585
Code that apply to persons who are less than eighteen years of	50586
age. The statement regarding willingness to make such a donation	50587
shall be given no consideration in the decision of whether to	50588
issue an identification card. Each applicant shall be photographed	50589
in color at the time of making application.	50590

(2)(a) The application also shall state whether the applicant	50591
has executed a valid durable power of attorney for health care	50592
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	50593
executed a declaration governing the use or continuation, or the	50594
withholding or withdrawal, of life-sustaining treatment pursuant	50595
to sections 2133.01 to 2133.15 of the Revised Code and, if the	50596
applicant has executed either type of instrument, whether the	50597
applicant wishes the identification card issued to indicate that	50598
the applicant has executed the instrument.	50599

(b) On and after October 7, 2009, the application also shall	50600
state whether the applicant is a veteran, active duty, or	50601
reservist of the armed forces of the United States and, if the	50602
applicant is such, whether the applicant wishes the identification	50603
card issued to indicate that the applicant is a veteran, active	50604
duty, or reservist of the armed forces of the United States by a	50605
military designation on the identification card.	50606

(3) The registrar or deputy registrar, in accordance with	50607
section 3503.11 of the Revised Code, shall register as an elector	50608
any person who applies for an identification card or duplicate if	50609
the applicant is eligible and wishes to be registered as an	50610
elector. The decision of an applicant whether to register as an	50611
elector shall be given no consideration in the decision of whether	50612
to issue the applicant an identification card or duplicate.	50613

(B) The application for an identification card or duplicate	50614
shall be filed in the office of the registrar or deputy registrar.	50615
Each applicant shall present documentary evidence as required by	50616
the registrar of the applicant's age and identity, and the	50617
applicant shall swear that all information given is true. An	50618
identification card issued by the department of rehabilitation and	50619
correction under section 5120.59 of the Revised Code or an	50620
identification card issued by the department of youth services	50621
under section 5139.511 of the Revised Code shall be sufficient	50622
documentary evidence under this division upon verification of the	50623
applicant's social security number by the registrar or a deputy	50624
registrar. Upon issuing an identification card under this section	50625
for a person who has been issued an identification card under	50626
section 5120.59 or section 5139.511 of the Revised Code, the	50627
registrar or deputy registrar shall destroy the identification	50628
card issued under section 5120.59 or section 5139.511 of the	50629
Revised Code.	50630

All applications for an identification card or duplicate	50631
shall be filed in duplicate, and if submitted to a deputy	50632
registrar, a copy shall be forwarded to the registrar. The	50633
registrar shall prescribe rules for the manner in which a deputy	50634
registrar is to file and maintain applications and other records.	50635
The registrar shall maintain a suitable, indexed record of all	50636
applications denied and cards issued or canceled.	50637

(C) In addition to any other information it contains, on and	50638
after the date that is fifteen months after ~~the effective date of~~	50639
~~this amendment~~April 7, 2009, the form furnished by the registrar	50640
of motor vehicles for an application for an identification card or	50641
duplicate shall inform applicants that the applicant must present	50642
a copy of the applicant's DD-214 or an equivalent document in	50643
order to qualify to have the card or duplicate indicate that the	50644
applicant is an honorably discharged veteran of the armed forces	50645
of the United States based on a request made pursuant to division	50646
(A)(2)(b) of this section.	50647

Sec. 4508.02. (A)(1) The director of public safety, subject	50648
to Chapter 119. of the Revised Code, shall adopt and prescribe	50649
such rules concerning the administration and enforcement of this	50650
chapter as are necessary to protect the public. The director shall	50651
inspect the school facilities and equipment of applicants and	50652
licensees and examine applicants for instructor's licenses.	50653

(2) The director shall adopt rules governing online driver	50654
education courses that may be completed via the internet to	50655
satisfy the classroom instruction under division (C) of this	50656
section. The rules shall do all of the following:	50657

(a) Establish standards that an online driver training	50658
enterprise must satisfy to be licensed to offer an online driver	50659
education course via the internet, including, at a minimum, proven	50660
expertise in providing driver education and an acceptable	50661
infrastructure capable of providing secure online driver education	50662
in accord with advances in internet technology. The rules shall	50663
allow an online driver training enterprise to be affiliated with a	50664
licensed driver training school offering in-person classroom	50665
instruction, but shall not require such an affiliation.	50666

(b) Establish content requirements that an online driver	50667
education course must satisfy to be approved as equivalent to	50668
twenty-four hours of in-person classroom instruction;	50669

(c) Establish attendance standards, including a maximum	50670
number of course hours that may be completed in a twenty-four-hour	50671
period;	50672

(d) Allow an enrolled applicant to begin the required eight	50673
hours of actual behind-the-wheel instruction upon completing at	50674
least two hours of course instruction and being issued a	50675
certificate of enrollment by a licensed online driver training	50676
enterprise;	50677

(e) Establish any other requirements necessary to regulate	50678
online driver education.	50679

(B) The director shall administer and enforce this chapter.

50680

(C) The rules shall require twenty-four hours of in-person	50681
classroom instruction or completion of an approved, equivalent	50682
online driver education course offered via the internet by a	50683
licensed online driver training enterprise, and eight hours of	50684
actual behind-the-wheel instruction conducted on public streets	50685
and highways of this state for all beginning drivers of	50686
noncommercial motor vehicles who are under age eighteen.	50687

(D) The rules shall state the minimum hours for classroom and	50688
behind-the-wheel instruction required for beginning drivers of	50689
commercial trucks, commercial cars, buses, and commercial	50690
tractors, trailers, and ~~semi-trailers~~semitrailers.	50691

(E)(1) The department of public safety may charge a fee to	50692
each online driver training enterprise in an amount sufficient to	50693
pay the actual expenses the department incurs in the regulation of	50694
online driver education courses.	50695

(2) The department shall supply to each licensed online	50696
driver training enterprise certificates to be used for certifying	50697
an applicant's enrollment in an approved online driver education	50698
course and a separate certificate to be issued upon successful	50699
completion of an approved online driver education course. The	50700
certificates shall be numbered serially. The department may charge	50701
a fee to each online driver training enterprise per certificate	50702
supplied to pay the actual expenses the department incurs in	50703
supplying the certificates.	50704

Sec. 4510.037. (A) When the registrar of motor vehicles	50705
determines that the total points charged against any person under	50706
section 4510.036 of the Revised Code exceed five, the registrar	50707
shall send a warning letter to the person at the person's last	50708
known address by regular mail. The warning letter shall list the	50709
reported violations that are the basis of the points charged, list	50710
the number of points charged for each violation, and outline the	50711
suspension provisions of this section.	50712

(B) When the registrar determines that the total points	50713
charged against any person under section 4510.036 of the Revised	50714
Code within any two-year period beginning on the date of the first	50715
conviction within the two-year period is equal to twelve or more,	50716
the registrar shall send a written notice to the person at the	50717
person's last known address by regular mail. The notice shall list	50718
the reported violations that are the basis of the points charged,	50719
list the number of points charged for each violation, and state	50720
that, because the total number of points charged against the	50721
person within the applicable two-year period is equal to twelve or	50722
more, the registrar is imposing a class D suspension of the	50723
person's driver's or commercial driver's license or permit or	50724
nonresident operating privileges for the period of time specified	50725
in division (B)(4) of section 4510.02 of the Revised Code. The	50726
notice also shall state that the suspension is effective on the	50727
twentieth day after the mailing of the notice, unless the person	50728
files a petition appealing the determination and suspension in the	50729
municipal court, county court, or, if the person is under the age	50730
of eighteen, the juvenile division of the court of common pleas in	50731
whose jurisdiction the person resides or, if the person is not a	50732
resident of this state, in the Franklin county municipal court or	50733
juvenile division of the Franklin county court of common pleas. By	50734
filing the appeal of the determination and suspension, the person	50735
agrees to pay the cost of the proceedings in the appeal of the	50736
determination and suspension and alleges that the person can show	50737
cause why the person's driver's or commercial driver's license or	50738
permit or nonresident operating privileges should not be	50739
suspended.	50740

(C)(1) Any person against whom at least two but less than	50741
twelve points have been charged under section 4510.036 of the	50742
Revised Code may enroll in a course of remedial driving	50743
instruction that is approved by the director of public safety.	50744
Upon the person's completion of an approved course of remedial	50745
driving instruction, the person may apply to the registrar on a	50746
form prescribed by the registrar for a credit of two points on the	50747
person's driving record. Upon receipt of the application and proof	50748
of completion of the approved remedial driving course, the	50749
registrar shall approve the two-point credit. The registrar shall	50750
not approve any credits for a person who completes an approved	50751
course of remedial driving instruction pursuant to a judge's order	50752
under section 4510.02 of the Revised Code.	50753

(2) In any three-year period, the registrar shall approve	50754
only one two-point credit on a person's driving record under	50755
division (C)(1) of this section. The registrar shall approve not	50756
more than five two-point credits on a person's driving record	50757
under division (C)(1) of this section during that person's	50758
lifetime.	50759

(D) When a judge of a court of record suspends a person's	50760
driver's or commercial driver's license or permit or nonresident	50761
operating privilege and charges points against the person under	50762
section 4510.036 of the Revised Code for the offense that resulted	50763
in the suspension, the registrar shall credit that period of	50764
suspension against the time of any subsequent suspension imposed	50765
under this section for which those points were used to impose the	50766
subsequent suspension. When a United States district court that	50767
has jurisdiction within this state suspends a person's driver's or	50768
commercial driver's license or permit or nonresident operating	50769
privileges pursuant to the "Assimilative Crimes Act," 102 Stat.	50770
4381 (1988), 18 U.S.C.A. 13, as amended, the district court	50771
prepares an abstract pursuant to section 4510.031 of the Revised	50772
Code, and the district court charges points against the person	50773
under section 4510.036 of the Revised Code for the offense that	50774
resulted in the suspension, the registrar shall credit the period	50775
of suspension imposed by the district court against the time of	50776
any subsequent suspension imposed under this section for which the	50777
points were used to impose the subsequent suspension.	50778

(E) The registrar, upon the written request of a licensee who	50779
files a petition under division (B) of this section, shall furnish	50780
the licensee a certified copy of the registrar's record of the	50781
convictions and bond forfeitures of the person. This record shall	50782
include the name, address, and date of birth of the licensee; the	50783
name of the court in which each conviction or bail forfeiture took	50784
place; the nature of the offense that was the basis of the	50785
conviction or bond forfeiture; and any other information that the	50786
registrar considers necessary. If the record indicates that twelve	50787
points or more have been charged against the person within a	50788
two-year period, it is prima-facie evidence that the person is a	50789
repeat traffic offender, and the registrar shall suspend the	50790
person's driver's or commercial driver's license or permit or	50791
nonresident operating privilege pursuant to division (B) of this	50792
section.	50793

In hearing the petition and determining whether the person	50794
filing the petition has shown cause why the person's driver's or	50795
commercial driver's license or permit or nonresident operating	50796
privilege should not be suspended, the court shall decide the	50797
issue on the record certified by the registrar and any additional	50798
relevant, competent, and material evidence that either the	50799
registrar or the person whose license is sought to be suspended	50800
submits.	50801

(F) If a petition is filed under division (B) of this section	50802
in a county court, the prosecuting attorney of the county in which	50803
the case is pending shall represent the registrar in the	50804
proceedings, except that, if the petitioner resides in a municipal	50805
corporation within the jurisdiction of the county court, the city	50806
director of law, village solicitor, or other chief legal officer	50807
of the municipal corporation shall represent the registrar in the	50808
proceedings. If a petition is filed under division (B) of this	50809
section in a municipal court, the registrar shall be represented	50810
in the resulting proceedings as provided in section 1901.34 of the	50811
Revised Code.	50812

(G) If the court determines from the evidence submitted that	50813
a person who filed a petition under division (B) of this section	50814
has failed to show cause why the person's driver's or commercial	50815
driver's license or permit or nonresident operating privileges	50816
should not be suspended, the court shall assess against the person	50817
the cost of the proceedings in the appeal of the determination and	50818
suspension and shall impose the applicable suspension under this	50819
section or suspend all or a portion of the suspension and impose	50820
any conditions upon the person that the court considers proper or	50821
impose upon the person a community control sanction pursuant to	50822
section 2929.15 or 2929.25 of the Revised Code. If the court	50823
determines from the evidence submitted that a person who filed a	50824
petition under division (B) of this section has shown cause why	50825
the person's driver's or commercial driver's license or permit or	50826
nonresident operating privileges should not be suspended, the	50827
costs of the appeal proceeding shall be paid out of the county	50828
treasury of the county in which the proceedings were held.	50829

(H) Any person whose driver's or commercial driver's license	50830
or permit or nonresident operating privileges are suspended under	50831
this section is not entitled to apply for or receive a new	50832
driver's or commercial driver's license or permit or to request or	50833
be granted nonresident operating privileges during the effective	50834
period of the suspension.	50835

(I) Upon the termination of any suspension or other penalty	50836
imposed under this section involving the surrender of license or	50837
permit and upon the request of the person whose license or permit	50838
was suspended or surrendered, the registrar shall return the	50839
license or permit to the person upon determining that the person	50840
has complied with all provisions of section 4510.038 of the	50841
Revised Code or, if the registrar destroyed the license or permit	50842
pursuant to section 4510.52 of the Revised Code, shall reissue the	50843
person's license or permit.	50844

(J) Any person whose driver's or commercial driver's license	50845
or permit or nonresident operating privileges are suspended as a	50846
repeat traffic offender under this section and who, during the	50847
suspension, operates any motor vehicle upon any public roads and	50848
highways is guilty of driving under a twelve-point suspension, a	50849
misdemeanor of the first degree. The court shall sentence the	50850
offender to a minimum term of three days in jail. No court shall	50851
suspend the first three days of jail time imposed pursuant to this	50852
division.	50853

(K) The registrar, in accordance with specific statutory	50854
authority, may suspend the privilege of driving a motor vehicle on	50855
the public roads and highways of this state that is granted to	50856
nonresidents by section 4507.04 of the Revised Code.	50857

(L) ~~Any~~(1) Except as provided in division (L)(2) of this	50858
section, any course of remedial driving instruction the director	50859
of public safety approves under this section shall require its	50860
students to attend at least fifty per cent of the course in	50861
person~~. The~~and the director shall not approve any course of	50862
remedial driving instruction that permits its students to take	50863
more than fifty per cent of the course in any other manner,	50864
including via video teleconferencing or the internet.	50865

(2) The director may approve a course of remedial instruction	50866
that permits students to take the entire course via video	50867
teleconferencing or the internet. In accordance with division (C)	50868
of this section, upon receiving an application with a certificate	50869
or other proof of completion of a course approved under this	50870
division, the registrar shall approve the two-point reduction.	50871

Sec. 4510.038. (A) Any person whose driver's or commercial	50872
driver's license or permit is suspended or who is granted limited	50873
driving privileges under section 4510.037, under division (H) of	50874
section 4511.19, or under section 4510.07 of the Revised Code for	50875
a violation of a municipal ordinance that is substantially	50876
equivalent to division (B) of section 4511.19 of the Revised Code	50877
is not eligible to retain the license, or to have the driving	50878
privileges reinstated, until each of the following has occurred:	50879

(1) The person successfully completes a course of remedial	50880
driving instruction approved by the director of public safety. A	50881
minimum of twenty-five per cent of the number of hours of	50882
instruction included in the course shall be devoted to instruction	50883
on driver attitude.	50884

The course also shall devote a number of hours to instruction	50885
in the area of alcohol and drugs and the operation of vehicles.	50886
The instruction shall include, but not be limited to, a review of	50887
the laws governing the operation of a vehicle while under the	50888
influence of alcohol, drugs, or a combination of them, the dangers	50889
of operating a vehicle while under the influence of alcohol,	50890
drugs, or a combination of them, and other information relating to	50891
the operation of vehicles and the consumption of alcoholic	50892
beverages and use of drugs. The director, in consultation with the	50893
director of alcohol and drug addiction services, shall prescribe	50894
the content of the instruction. The number of hours devoted to the	50895
area of alcohol and drugs and the operation of vehicles shall	50896
comprise a minimum of twenty-five per cent of the number of hours	50897
of instruction included in the course.	50898

(2) The person is examined in the manner provided for in	50899
section 4507.20 of the Revised Code, and found by the registrar of	50900
motor vehicles to be qualified to operate a motor vehicle;	50901

(3) The person gives and maintains proof of financial	50902
responsibility, in accordance with section 4509.45 of the Revised	50903
Code.	50904

(B) ~~Any~~(1) Except as provided in division (B)(2) of this	50905
section, any course of remedial driving instruction the director	50906
of public safety approves under this section shall require its	50907
students to attend at least fifty per cent of the course in	50908
person~~. The~~and the director shall not approve any course of	50909
remedial driving instruction that permits its students to take	50910
more than fifty per cent of the course in any other manner,	50911
including via video teleconferencing or the internet.	50912

(2) The director may approve a course of remedial instruction	50913
that permits students to take the entire course via video	50914
teleconferencing or the internet.	50915

Sec. 4511.191. (A)(1) As used in this section:

50916

(a) "Physical control" has the same meaning as in section	50917
4511.194 of the Revised Code.	50918

(b) "Alcohol monitoring device" means any device that	50919
provides for continuous alcohol monitoring, any ignition interlock	50920
device, any immobilizing or disabling device other than an	50921
ignition interlock device that is constantly available to monitor	50922
the concentration of alcohol in a person's system, or any other	50923
device that provides for the automatic testing and periodic	50924
reporting of alcohol consumption by a person and that a court	50925
orders a person to use as a sanction imposed as a result of the	50926
person's conviction of or plea of guilty to an offense.	50927

(2) Any person who operates a vehicle, streetcar, or	50928
trackless trolley upon a highway or any public or private property	50929
used by the public for vehicular travel or parking within this	50930
state or who is in physical control of a vehicle, streetcar, or	50931
trackless trolley shall be deemed to have given consent to a	50932
chemical test or tests of the person's whole blood, blood serum or	50933
plasma, breath, or urine to determine the alcohol, drug of abuse,	50934
controlled substance, metabolite of a controlled substance, or	50935
combination content of the person's whole blood, blood serum or	50936
plasma, breath, or urine if arrested for a violation of division	50937
(A) or (B) of section 4511.19 of the Revised Code, section	50938
4511.194 of the Revised Code or a substantially equivalent	50939
municipal ordinance, or a municipal OVI ordinance.	50940

(3) The chemical test or tests under division (A)(2) of this	50941
section shall be administered at the request of a law enforcement	50942
officer having reasonable grounds to believe the person was	50943
operating or in physical control of a vehicle, streetcar, or	50944
trackless trolley in violation of a division, section, or	50945
ordinance identified in division (A)(2) of this section. The law	50946
enforcement agency by which the officer is employed shall	50947
designate which of the tests shall be administered.	50948

(4) Any person who is dead or unconscious, or who otherwise	50949
is in a condition rendering the person incapable of refusal, shall	50950
be deemed to have consented as provided in division (A)(2) of this	50951
section, and the test or tests may be administered, subject to	50952
sections 313.12 to 313.16 of the Revised Code.	50953

(5)(a) If a law enforcement officer arrests a person for a	50954
violation of division (A) or (B) of section 4511.19 of the Revised	50955
Code, section 4511.194 of the Revised Code or a substantially	50956
equivalent municipal ordinance, or a municipal OVI ordinance and	50957
if the person if convicted would be required to be sentenced under	50958
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	50959
Code, the law enforcement officer shall request the person to	50960
submit, and the person shall submit, to a chemical test or tests	50961
of the person's whole blood, blood serum or plasma, breath, or	50962
urine for the purpose of determining the alcohol, drug of abuse,	50963
controlled substance, metabolite of a controlled substance, or	50964
combination content of the person's whole blood, blood serum or	50965
plasma, breath, or urine. A law enforcement officer who makes a	50966
request pursuant to this division that a person submit to a	50967
chemical test or tests is not required to advise the person of the	50968
consequences of submitting to, or refusing to submit to, the test	50969
or tests and is not required to give the person the form described	50970
in division (B) of section 4511.192 of the Revised Code, but the	50971
officer shall advise the person at the time of the arrest that if	50972
the person refuses to take a chemical test the officer may employ	50973
whatever reasonable means are necessary to ensure that the person	50974
submits to a chemical test of the person's whole blood or blood	50975
serum or plasma. The officer shall also advise the person at the	50976
time of the arrest that the person may have an independent	50977
chemical test taken at the person's own expense. Divisions (A)(3)	50978
and (4) of this section apply to the administration of a chemical	50979
test or tests pursuant to this division.	50980

(b) If a person refuses to submit to a chemical test upon a	50981
request made pursuant to division (A)(5)(a) of this section, the	50982
law enforcement officer who made the request may employ whatever	50983
reasonable means are necessary to ensure that the person submits	50984
to a chemical test of the person's whole blood or blood serum or	50985
plasma. A law enforcement officer who acts pursuant to this	50986
division to ensure that a person submits to a chemical test of the	50987
person's whole blood or blood serum or plasma is immune from	50988
criminal and civil liability based upon a claim for assault and	50989
battery or any other claim for the acts, unless the officer so	50990
acted with malicious purpose, in bad faith, or in a wanton or	50991
reckless manner.	50992

(B)(1) Upon receipt of the sworn report of a law enforcement	50993
officer who arrested a person for a violation of division (A) or	50994
(B) of section 4511.19 of the Revised Code, section 4511.194 of	50995
the Revised Code or a substantially equivalent municipal	50996
ordinance, or a municipal OVI ordinance that was completed and	50997
sent to the registrar of motor vehicles and a court pursuant to	50998
section 4511.192 of the Revised Code in regard to a person who	50999
refused to take the designated chemical test, the registrar shall	51000
enter into the registrar's records the fact that the person's	51001
driver's or commercial driver's license or permit or nonresident	51002
operating privilege was suspended by the arresting officer under	51003
this division and that section and the period of the suspension,	51004
as determined under this section. The suspension shall be subject	51005
to appeal as provided in section 4511.197 of the Revised Code. The	51006
suspension shall be for whichever of the following periods	51007
applies:	51008

(a) Except when division (B)(1)(b), (c), or (d) of this	51009
section applies and specifies a different class or length of	51010
suspension, the suspension shall be a class C suspension for the	51011
period of time specified in division (B)(3) of section 4510.02 of	51012
the Revised Code.	51013

(b) If the arrested person, within six years of the date on	51014
which the person refused the request to consent to the chemical	51015
test, had refused one previous request to consent to a chemical	51016
test or had been convicted of or pleaded guilty to one violation	51017
of division (A) or (B) of section 4511.19 of the Revised Code or	51018
one other equivalent offense, the suspension shall be a class B	51019
suspension imposed for the period of time specified in division	51020
(B)(2) of section 4510.02 of the Revised Code.	51021

(c) If the arrested person, within six years of the date on	51022
which the person refused the request to consent to the chemical	51023
test, had refused two previous requests to consent to a chemical	51024
test, had been convicted of or pleaded guilty to two violations of	51025
division (A) or (B) of section 4511.19 of the Revised Code or	51026
other equivalent offenses, or had refused one previous request to	51027
consent to a chemical test and also had been convicted of or	51028
pleaded guilty to one violation of division (A) or (B) of section	51029
4511.19 of the Revised Code or other equivalent offenses, which	51030
violation or offense arose from an incident other than the	51031
incident that led to the refusal, the suspension shall be a class	51032
A suspension imposed for the period of time specified in division	51033
(B)(1) of section 4510.02 of the Revised Code.	51034

(d) If the arrested person, within six years of the date on	51035
which the person refused the request to consent to the chemical	51036
test, had refused three or more previous requests to consent to a	51037
chemical test, had been convicted of or pleaded guilty to three or	51038
more violations of division (A) or (B) of section 4511.19 of the	51039
Revised Code or other equivalent offenses, or had refused a number	51040
of previous requests to consent to a chemical test and also had	51041
been convicted of or pleaded guilty to a number of violations of	51042
division (A) or (B) of section 4511.19 of the Revised Code or	51043
other equivalent offenses that cumulatively total three or more	51044
such refusals, convictions, and guilty pleas, the suspension shall	51045
be for five years.	51046

(2) The registrar shall terminate a suspension of the	51047
driver's or commercial driver's license or permit of a resident or	51048
of the operating privilege of a nonresident, or a denial of a	51049
driver's or commercial driver's license or permit, imposed	51050
pursuant to division (B)(1) of this section upon receipt of notice	51051
that the person has entered a plea of guilty to, or that the	51052
person has been convicted after entering a plea of no contest to,	51053
operating a vehicle in violation of section 4511.19 of the Revised	51054
Code or in violation of a municipal OVI ordinance, if the offense	51055
for which the conviction is had or the plea is entered arose from	51056
the same incident that led to the suspension or denial.	51057

The registrar shall credit against any judicial suspension of	51058
a person's driver's or commercial driver's license or permit or	51059
nonresident operating privilege imposed pursuant to section	51060
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	51061
Revised Code for a violation of a municipal OVI ordinance, any	51062
time during which the person serves a related suspension imposed	51063
pursuant to division (B)(1) of this section.	51064

(C)(1) Upon receipt of the sworn report of the law	51065
enforcement officer who arrested a person for a violation of	51066
division (A) or (B) of section 4511.19 of the Revised Code or a	51067
municipal OVI ordinance that was completed and sent to the	51068
registrar and a court pursuant to section 4511.192 of the Revised	51069
Code in regard to a person whose test results indicate that the	51070
person's whole blood, blood serum or plasma, breath, or urine	51071
contained at least the concentration of alcohol specified in	51072
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	51073
Revised Code or at least the concentration of a listed controlled	51074
substance or a listed metabolite of a controlled substance	51075
specified in division (A)(1)(j) of section 4511.19 of the Revised	51076
Code, the registrar shall enter into the registrar's records the	51077
fact that the person's driver's or commercial driver's license or	51078
permit or nonresident operating privilege was suspended by the	51079
arresting officer under this division and section 4511.192 of the	51080
Revised Code and the period of the suspension, as determined under	51081
divisions (C)(1)(a) to (d) of this section. The suspension shall	51082
be subject to appeal as provided in section 4511.197 of the	51083
Revised Code. The suspension described in this division does not	51084
apply to, and shall not be imposed upon, a person arrested for a	51085
violation of section 4511.194 of the Revised Code or a	51086
substantially equivalent municipal ordinance who submits to a	51087
designated chemical test. The suspension shall be for whichever of	51088
the following periods applies:	51089

(a) Except when division (C)(1)(b), (c), or (d) of this	51090
section applies and specifies a different period, the suspension	51091
shall be a class E suspension imposed for the period of time	51092
specified in division (B)(5) of section 4510.02 of the Revised	51093
Code.	51094

(b) The suspension shall be a class C suspension for the	51095
period of time specified in division (B)(3) of section 4510.02 of	51096
the Revised Code if the person has been convicted of or pleaded	51097
guilty to, within six years of the date the test was conducted,	51098
one violation of division (A) or (B) of section 4511.19 of the	51099
Revised Code or one other equivalent offense.	51100

(c) If, within six years of the date the test was conducted,	51101
the person has been convicted of or pleaded guilty to two	51102
violations of a statute or ordinance described in division	51103
(C)(1)(b) of this section, the suspension shall be a class B	51104
suspension imposed for the period of time specified in division	51105
(B)(2) of section 4510.02 of the Revised Code.	51106

(d) If, within six years of the date the test was conducted,	51107
the person has been convicted of or pleaded guilty to more than	51108
two violations of a statute or ordinance described in division	51109
(C)(1)(b) of this section, the suspension shall be a class A	51110
suspension imposed for the period of time specified in division	51111
(B)(1) of section 4510.02 of the Revised Code.	51112

(2) The registrar shall terminate a suspension of the	51113
driver's or commercial driver's license or permit of a resident or	51114
of the operating privilege of a nonresident, or a denial of a	51115
driver's or commercial driver's license or permit, imposed	51116
pursuant to division (C)(1) of this section upon receipt of notice	51117
that the person has entered a plea of guilty to, or that the	51118
person has been convicted after entering a plea of no contest to,	51119
operating a vehicle in violation of section 4511.19 of the Revised	51120
Code or in violation of a municipal OVI ordinance, if the offense	51121
for which the conviction is had or the plea is entered arose from	51122
the same incident that led to the suspension or denial.	51123

The registrar shall credit against any judicial suspension of	51124
a person's driver's or commercial driver's license or permit or	51125
nonresident operating privilege imposed pursuant to section	51126
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	51127
Revised Code for a violation of a municipal OVI ordinance, any	51128
time during which the person serves a related suspension imposed	51129
pursuant to division (C)(1) of this section.	51130

(D)(1) A suspension of a person's driver's or commercial	51131
driver's license or permit or nonresident operating privilege	51132
under this section for the time described in division (B) or (C)	51133
of this section is effective immediately from the time at which	51134
the arresting officer serves the notice of suspension upon the	51135
arrested person. Any subsequent finding that the person is not	51136
guilty of the charge that resulted in the person being requested	51137
to take the chemical test or tests under division (A) of this	51138
section does not affect the suspension.	51139

(2) If a person is arrested for operating a vehicle,	51140
streetcar, or trackless trolley in violation of division (A) or	51141
(B) of section 4511.19 of the Revised Code or a municipal OVI	51142
ordinance, or for being in physical control of a vehicle,	51143
streetcar, or trackless trolley in violation of section 4511.194	51144
of the Revised Code or a substantially equivalent municipal	51145
ordinance, regardless of whether the person's driver's or	51146
commercial driver's license or permit or nonresident operating	51147
privilege is or is not suspended under division (B) or (C) of this	51148
section or Chapter 4510. of the Revised Code, the person's initial	51149
appearance on the charge resulting from the arrest shall be held	51150
within five days of the person's arrest or the issuance of the	51151
citation to the person, subject to any continuance granted by the	51152
court pursuant to section 4511.197 of the Revised Code regarding	51153
the issues specified in that division.	51154

(E) When it finally has been determined under the procedures	51155
of this section and sections 4511.192 to 4511.197 of the Revised	51156
Code that a nonresident's privilege to operate a vehicle within	51157
this state has been suspended, the registrar shall give	51158
information in writing of the action taken to the motor vehicle	51159
administrator of the state of the person's residence and of any	51160
state in which the person has a license.	51161

(F) At the end of a suspension period under this section,	51162
under section 4511.194, section 4511.196, or division (G) of	51163
section 4511.19 of the Revised Code, or under section 4510.07 of	51164
the Revised Code for a violation of a municipal OVI ordinance and	51165
upon the request of the person whose driver's or commercial	51166
driver's license or permit was suspended and who is not otherwise	51167
subject to suspension, cancellation, or disqualification, the	51168
registrar shall return the driver's or commercial driver's license	51169
or permit to the person upon the occurrence of all of the	51170
conditions specified in divisions (F)(1) and (2) of this section:	51171

(1) A showing that the person has proof of financial	51172
responsibility, a policy of liability insurance in effect that	51173
meets the minimum standards set forth in section 4509.51 of the	51174
Revised Code, or proof, to the satisfaction of the registrar, that	51175
the person is able to respond in damages in an amount at least	51176
equal to the minimum amounts specified in section 4509.51 of the	51177
Revised Code.	51178

(2) Subject to the limitation contained in division (F)(3) of	51179
this section, payment by the person to the registrar or an	51180
eligible deputy registrar of a license reinstatement fee of four	51181
hundred seventy-five dollars, which fee shall be deposited in the	51182
state treasury and credited as follows:	51183

(a) One hundred twelve dollars and fifty cents shall be	51184
credited to the statewide treatment and prevention fund created by	51185
section 4301.30 of the Revised Code. Money credited to the fund	51186
under this section shall be used for purposes identified in the	51187
comprehensive statewide alcohol and drug addiction services plan	51188
developed under section 3793.04 of the Revised Code.	51189

(b) Seventy-five dollars shall be credited to the reparations	51190
fund created by section 2743.191 of the Revised Code.	51191

(c) Thirty-seven dollars and fifty cents shall be credited to	51192
the indigent drivers alcohol treatment fund, which is hereby	51193
established in the state treasury. Except as otherwise provided in	51194
division (F)(2)(c) of this section, moneys in the fund shall be	51195
distributed by the department of alcohol and drug addiction	51196
services to the county indigent drivers alcohol treatment funds,	51197
the county juvenile indigent drivers alcohol treatment funds, and	51198
the municipal indigent drivers alcohol treatment funds that are	51199
required to be established by counties and municipal corporations	51200
pursuant to division (H) of this section, and shall be used only	51201
to pay the cost of an alcohol and drug addiction treatment program	51202
attended by an offender or juvenile traffic offender who is	51203
ordered to attend an alcohol and drug addiction treatment program	51204
by a county, juvenile, or municipal court judge and who is	51205
determined by the county, juvenile, or municipal court judge not	51206
to have the means to pay for the person's attendance at the	51207
program or to pay the costs specified in division (H)(4) of this	51208
section in accordance with that division. In addition, a county,	51209
juvenile, or municipal court judge may use moneys in the county	51210
indigent drivers alcohol treatment fund, county juvenile indigent	51211
drivers alcohol treatment fund, or municipal indigent drivers	51212
alcohol treatment fund to pay for the cost of the continued use of	51213
an alcohol monitoring device as described in divisions (H)(3) and	51214
(4) of this section. Moneys in the fund that are not distributed	51215
to a county indigent drivers alcohol treatment fund, a county	51216
juvenile indigent drivers alcohol treatment fund, or a municipal	51217
indigent drivers alcohol treatment fund under division (H) of this	51218
section because the director of alcohol and drug addiction	51219
services does not have the information necessary to identify the	51220
county or municipal corporation where the offender or juvenile	51221
offender was arrested may be transferred by the director of budget	51222
and management to the statewide treatment and prevention fund	51223
created by section 4301.30 of the Revised Code, upon certification	51224
of the amount by the director of alcohol and drug addiction	51225
services.	51226

(d) Seventy-five dollars shall be credited to the Ohio	51227
rehabilitation services commission established by section 3304.12	51228
of the Revised Code, to the services for rehabilitation fund,	51229
which is hereby established. The fund shall be used to match	51230
available federal matching funds where appropriate, and for any	51231
other purpose or program of the commission to rehabilitate people	51232
with disabilities to help them become employed and independent.	51233

(e) Seventy-five dollars shall be deposited into the state	51234
treasury and credited to the drug abuse resistance education	51235
programs fund, which is hereby established, to be used by the	51236
attorney general for the purposes specified in division (F)(4) of	51237
this section.	51238

(f) Thirty dollars shall be credited to the state bureau of	51239
motor vehicles fund created by section 4501.25 of the Revised	51240
Code.	51241

(g) Twenty dollars shall be credited to the trauma and	51242
emergency medical services ~~grants~~ fund created by section 4513.263	51243
of the Revised Code.	51244

(h) Fifty dollars shall be credited to the indigent drivers	51245
interlock and alcohol monitoring fund, which is hereby established	51246
in the state treasury. Moneys in the fund shall be distributed by	51247
the department of public safety to the county indigent drivers	51248
interlock and alcohol monitoring funds, the county juvenile	51249
indigent drivers interlock and alcohol monitoring funds, and the	51250
municipal indigent drivers interlock and alcohol monitoring funds	51251
that are required to be established by counties and municipal	51252
corporations pursuant to this section, and shall be used only to	51253
pay the cost of an immobilizing or disabling device, including a	51254
certified ignition interlock device, or an alcohol monitoring	51255
device used by an offender or juvenile offender who is ordered to	51256
use the device by a county, juvenile, or municipal court judge and	51257
who is determined by the county, juvenile, or municipal court	51258
judge not to have the means to pay for the person's use of the	51259
device.	51260

(3) If a person's driver's or commercial driver's license or	51261
permit is suspended under this section, under section 4511.196 or	51262
division (G) of section 4511.19 of the Revised Code, under section	51263
4510.07 of the Revised Code for a violation of a municipal OVI	51264
ordinance or under any combination of the suspensions described in	51265
division (F)(3) of this section, and if the suspensions arise from	51266
a single incident or a single set of facts and circumstances, the	51267
person is liable for payment of, and shall be required to pay to	51268
the registrar or an eligible deputy registrar, only one	51269
reinstatement fee of four hundred seventy-five dollars. The	51270
reinstatement fee shall be distributed by the bureau in accordance	51271
with division (F)(2) of this section.	51272

(4) The attorney general shall use amounts in the drug abuse	51273
resistance education programs fund to award grants to law	51274
enforcement agencies to establish and implement drug abuse	51275
resistance education programs in public schools. Grants awarded to	51276
a law enforcement agency under this section shall be used by the	51277
agency to pay for not more than fifty per cent of the amount of	51278
the salaries of law enforcement officers who conduct drug abuse	51279
resistance education programs in public schools. The attorney	51280
general shall not use more than six per cent of the amounts the	51281
attorney general's office receives under division (F)(2)(e) of	51282
this section to pay the costs it incurs in administering the grant	51283
program established by division (F)(2)(e) of this section and in	51284
providing training and materials relating to drug abuse resistance	51285
education programs.	51286

The attorney general shall report to the governor and the	51287
general assembly each fiscal year on the progress made in	51288
establishing and implementing drug abuse resistance education	51289
programs. These reports shall include an evaluation of the	51290
effectiveness of these programs.	51291

(5) In addition to the reinstatement fee under this section,	51292
if the person pays the reinstatement fee to a deputy registrar,	51293
the deputy registrar shall collect a service fee of ten dollars to	51294
compensate the deputy registrar for services performed under this	51295
section. The deputy registrar shall retain eight dollars of the	51296
service fee and shall transmit the reinstatement fee, plus two	51297
dollars of the service fee, to the registrar in the manner the	51298
registrar shall determine.	51299

(G) Suspension of a commercial driver's license under	51300
division (B) or (C) of this section shall be concurrent with any	51301
period of disqualification under section 3123.611 or 4506.16 of	51302
the Revised Code or any period of suspension under section 3123.58	51303
of the Revised Code. No person who is disqualified for life from	51304
holding a commercial driver's license under section 4506.16 of the	51305
Revised Code shall be issued a driver's license under Chapter	51306
4507. of the Revised Code during the period for which the	51307
commercial driver's license was suspended under division (B) or	51308
(C) of this section. No person whose commercial driver's license	51309
is suspended under division (B) or (C) of this section shall be	51310
issued a driver's license under Chapter 4507. of the Revised Code	51311
during the period of the suspension.	51312

(H)(1) Each county shall establish an indigent drivers	51313
alcohol treatment fund, each county shall establish a juvenile	51314
indigent drivers alcohol treatment fund, and each municipal	51315
corporation in which there is a municipal court shall establish an	51316
indigent drivers alcohol treatment fund. All revenue that the	51317
general assembly appropriates to the indigent drivers alcohol	51318
treatment fund for transfer to a county indigent drivers alcohol	51319
treatment fund, a county juvenile indigent drivers alcohol	51320
treatment fund, or a municipal indigent drivers alcohol treatment	51321
fund, all portions of fees that are paid under division (F) of	51322
this section and that are credited under that division to the	51323
indigent drivers alcohol treatment fund in the state treasury for	51324
a county indigent drivers alcohol treatment fund, a county	51325
juvenile indigent drivers alcohol treatment fund, or a municipal	51326
indigent drivers alcohol treatment fund, all portions of	51327
additional costs imposed under section 2949.094 of the Revised	51328
Code that are specified for deposit into a county, county	51329
juvenile, or municipal indigent drivers alcohol treatment fund by	51330
that section, and all portions of fines that are specified for	51331
deposit into a county or municipal indigent drivers alcohol	51332
treatment fund by section 4511.193 of the Revised Code shall be	51333
deposited into that county indigent drivers alcohol treatment	51334
fund, county juvenile indigent drivers alcohol treatment fund, or	51335
municipal indigent drivers alcohol treatment fund. The portions of	51336
the fees paid under division (F) of this section that are to be so	51337
deposited shall be determined in accordance with division (H)(2)	51338
of this section. Additionally, all portions of fines that are paid	51339
for a violation of section 4511.19 of the Revised Code or of any	51340
prohibition contained in Chapter 4510. of the Revised Code, and	51341
that are required under section 4511.19 or any provision of	51342
Chapter 4510. of the Revised Code to be deposited into a county	51343
indigent drivers alcohol treatment fund or municipal indigent	51344
drivers alcohol treatment fund shall be deposited into the	51345
appropriate fund in accordance with the applicable division of the	51346
section or provision.	51347

(2) That portion of the license reinstatement fee that is	51348
paid under division (F) of this section and that is credited under	51349
that division to the indigent drivers alcohol treatment fund shall	51350
be deposited into a county indigent drivers alcohol treatment	51351
fund, a county juvenile indigent drivers alcohol treatment fund,	51352
or a municipal indigent drivers alcohol treatment fund as follows:	51353

(a) Regarding a suspension imposed under this section, that	51354
portion of the fee shall be deposited as follows:	51355

(i) If the fee is paid by a person who was charged in a	51356
county court with the violation that resulted in the suspension or	51357
in the imposition of the court costs, the portion shall be	51358
deposited into the county indigent drivers alcohol treatment fund	51359
under the control of that court;	51360

(ii) If the fee is paid by a person who was charged in a	51361
juvenile court with the violation that resulted in the suspension	51362
or in the imposition of the court costs, the portion shall be	51363
deposited into the county juvenile indigent drivers alcohol	51364
treatment fund established in the county served by the court;	51365

(iii) If the fee is paid by a person who was charged in a	51366
municipal court with the violation that resulted in the suspension	51367
or in the imposition of the court costs, the portion shall be	51368
deposited into the municipal indigent drivers alcohol treatment	51369
fund under the control of that court.	51370

(b) Regarding a suspension imposed under section 4511.19 of	51371
the Revised Code or under section 4510.07 of the Revised Code for	51372
a violation of a municipal OVI ordinance, that portion of the fee	51373
shall be deposited as follows:	51374

(i) If the fee is paid by a person whose license or permit	51375
was suspended by a county court, the portion shall be deposited	51376
into the county indigent drivers alcohol treatment fund under the	51377
control of that court;	51378

(ii) If the fee is paid by a person whose license or permit	51379
was suspended by a municipal court, the portion shall be deposited	51380
into the municipal indigent drivers alcohol treatment fund under	51381
the control of that court.	51382

(3) Expenditures from a county indigent drivers alcohol	51383
treatment fund, a county juvenile indigent drivers alcohol	51384
treatment fund, or a municipal indigent drivers alcohol treatment	51385
fund shall be made only upon the order of a county, juvenile, or	51386
municipal court judge and only for payment of the cost of an	51387
assessment or the cost of the attendance at an alcohol and drug	51388
addiction treatment program of a person who is convicted of, or	51389
found to be a juvenile traffic offender by reason of, a violation	51390
of division (A) of section 4511.19 of the Revised Code or a	51391
substantially similar municipal ordinance, who is ordered by the	51392
court to attend the alcohol and drug addiction treatment program,	51393
and who is determined by the court to be unable to pay the cost of	51394
the assessment or the cost of attendance at the treatment program	51395
or for payment of the costs specified in division (H)(4) of this	51396
section in accordance with that division. The alcohol and drug	51397
addiction services board or the board of alcohol, drug addiction,	51398
and mental health services established pursuant to section 340.02	51399
or 340.021 of the Revised Code and serving the alcohol, drug	51400
addiction, and mental health service district in which the court	51401
is located shall administer the indigent drivers alcohol treatment	51402
program of the court. When a court orders an offender or juvenile	51403
traffic offender to obtain an assessment or attend an alcohol and	51404
drug addiction treatment program, the board shall determine which	51405
program is suitable to meet the needs of the offender or juvenile	51406
traffic offender, and when a suitable program is located and space	51407
is available at the program, the offender or juvenile traffic	51408
offender shall attend the program designated by the board. A	51409
reasonable amount not to exceed five per cent of the amounts	51410
credited to and deposited into the county indigent drivers alcohol	51411
treatment fund, the county juvenile indigent drivers alcohol	51412
treatment fund, or the municipal indigent drivers alcohol	51413
treatment fund serving every court whose program is administered	51414
by that board shall be paid to the board to cover the costs it	51415
incurs in administering those indigent drivers alcohol treatment	51416
programs.	51417

In addition, upon exhaustion of moneys in the indigent	51418
drivers interlock and alcohol monitoring fund for the use of an	51419
alcohol monitoring device, a county, juvenile, or municipal court	51420
judge may use moneys in the county indigent drivers alcohol	51421
treatment fund, county juvenile indigent drivers alcohol treatment	51422
fund, or municipal indigent drivers alcohol treatment fund in the	51423
following manners:	51424

(a) If the source of the moneys was an appropriation of the	51425
general assembly, a portion of a fee that was paid under division	51426
(F) of this section, a portion of a fine that was specified for	51427
deposit into the fund by section 4511.193 of the Revised Code, or	51428
a portion of a fine that was paid for a violation of section	51429
4511.19 of the Revised Code or of a provision contained in Chapter	51430
4510. of the Revised Code that was required to be deposited into	51431
the fund, to pay for the continued use of an alcohol monitoring	51432
device by an offender or juvenile traffic offender, in conjunction	51433
with a treatment program approved by the department of alcohol and	51434
drug addiction services, when such use is determined clinically	51435
necessary by the treatment program and when the court determines	51436
that the offender or juvenile traffic offender is unable to pay	51437
all or part of the daily monitoring or cost of the device;	51438

(b) If the source of the moneys was a portion of an	51439
additional court cost imposed under section 2949.094 of the	51440
Revised Code, to pay for the continued use of an alcohol	51441
monitoring device by an offender or juvenile traffic offender when	51442
the court determines that the offender or juvenile traffic	51443
offender is unable to pay all or part of the daily monitoring or	51444
cost of the device. The moneys may be used for a device as	51445
described in this division if the use of the device is in	51446
conjunction with a treatment program approved by the department of	51447
alcohol and drug addiction services, when the use of the device is	51448
determined clinically necessary by the treatment program, but the	51449
use of a device is not required to be in conjunction with a	51450
treatment program approved by the department in order for the	51451
moneys to be used for the device as described in this division.	51452

(4) If a county, juvenile, or municipal court determines, in	51453
consultation with the alcohol and drug addiction services board or	51454
the board of alcohol, drug addiction, and mental health services	51455
established pursuant to section 340.02 or 340.021 of the Revised	51456
Code and serving the alcohol, drug addiction, and mental health	51457
district in which the court is located, that the funds in the	51458
county indigent drivers alcohol treatment fund, the county	51459
juvenile indigent drivers alcohol treatment fund, or the municipal	51460
indigent drivers alcohol treatment fund under the control of the	51461
court are more than sufficient to satisfy the purpose for which	51462
the fund was established, as specified in divisions (H)(1) to (3)	51463
of this section, the court may declare a surplus in the fund. If	51464
the court declares a surplus in the fund, the court may expend the	51465
amount of the surplus in the fund for:	51466

(a) Alcohol and drug abuse assessment and treatment of	51467
persons who are charged in the court with committing a criminal	51468
offense or with being a delinquent child or juvenile traffic	51469
offender and in relation to whom both of the following apply:	51470

(i) The court determines that substance abuse was a	51471
contributing factor leading to the criminal or delinquent activity	51472
or the juvenile traffic offense with which the person is charged.	51473

(ii) The court determines that the person is unable to pay	51474
the cost of the alcohol and drug abuse assessment and treatment	51475
for which the surplus money will be used.	51476

(b) All or part of the cost of purchasing alcohol monitoring	51477
devices to be used in conjunction with division (H)(3) of this	51478
section, upon exhaustion of moneys in the indigent drivers	51479
interlock and alcohol monitoring fund for the use of an alcohol	51480
monitoring device.	51481

(5) For the purpose of determining as described in division	51482
(F)(2)(c) of this section whether an offender does not have the	51483
means to pay for the offender's attendance at an alcohol and drug	51484
addiction treatment program or whether an alleged offender or	51485
delinquent child is unable to pay the costs specified in division	51486
(H)(4) of this section, the court shall use the indigent client	51487
eligibility guidelines and the standards of indigency established	51488
by the state public defender to make the determination.	51489

(6) The court shall identify and refer any alcohol and drug	51490
addiction program that is not certified under section 3793.06 of	51491
the Revised Code and that is interested in receiving amounts from	51492
the surplus in the fund declared under division (H)(4) of this	51493
section to the department of alcohol and drug addiction services	51494
in order for the program to become a certified alcohol and drug	51495
addiction program. The department shall keep a record of applicant	51496
referrals received pursuant to this division and shall submit a	51497
report on the referrals each year to the general assembly. If a	51498
program interested in becoming certified makes an application to	51499
become certified pursuant to section 3793.06 of the Revised Code,	51500
the program is eligible to receive surplus funds as long as the	51501
application is pending with the department. The department of	51502
alcohol and drug addiction services must offer technical	51503
assistance to the applicant. If the interested program withdraws	51504
the certification application, the department must notify the	51505
court, and the court shall not provide the interested program with	51506
any further surplus funds.	51507

(7)(a) Each alcohol and drug addiction services board and	51508
board of alcohol, drug addiction, and mental health services	51509
established pursuant to section 340.02 or 340.021 of the Revised	51510
Code shall submit to the department of alcohol and drug addiction	51511
services an annual report for each indigent drivers alcohol	51512
treatment fund in that board's area.	51513

(b) The report, which shall be submitted not later than sixty	51514
days after the end of the state fiscal year, shall provide the	51515
total payment that was made from the fund, including the number of	51516
indigent consumers that received treatment services and the number	51517
of indigent consumers that received an alcohol monitoring device.	51518
The report shall identify the treatment program and expenditure	51519
for an alcohol monitoring device for which that payment was made.	51520
The report shall include the fiscal year balance of each indigent	51521
drivers alcohol treatment fund located in that board's area. In	51522
the event that a surplus is declared in the fund pursuant to	51523
division (H)(4) of this section, the report also shall provide the	51524
total payment that was made from the surplus moneys and identify	51525
the treatment program and expenditure for an alcohol monitoring	51526
device for which that payment was made. The department may require	51527
additional information necessary to complete the comprehensive	51528
statewide alcohol and drug addiction services plan as required by	51529
section 3793.04 of the Revised Code.	51530

(c) If a board is unable to obtain adequate information to	51531
develop the report to submit to the department for a particular	51532
indigent drivers alcohol treatment fund, the board shall submit a	51533
report detailing the effort made in obtaining the information.	51534

(I)(1) Each county shall establish an indigent drivers	51535
interlock and alcohol monitoring fund and a juvenile indigent	51536
drivers interlock and alcohol treatment fund, and each municipal	51537
corporation in which there is a municipal court shall establish an	51538
indigent drivers interlock and alcohol monitoring fund. All	51539
revenue that the general assembly appropriates to the indigent	51540
drivers interlock and alcohol monitoring fund for transfer to a	51541
county indigent drivers interlock and alcohol monitoring fund, a	51542
county juvenile indigent drivers interlock and alcohol monitoring	51543
fund, or a municipal indigent drivers interlock and alcohol	51544
monitoring fund, all portions of license reinstatement fees that	51545
are paid under division (F)(2) of this section and that are	51546
credited under that division to the indigent drivers interlock and	51547
alcohol monitoring fund in the state treasury, and all portions of	51548
fines that are paid under division (G) of section 4511.19 of the	51549
Revised Code and that are credited by division (G)(5)(e) of that	51550
section to the indigent drivers interlock and alcohol monitoring	51551
fund in the state treasury shall be deposited in the appropriate	51552
fund in accordance with division (I)(2) of this section.	51553

(2) That portion of the license reinstatement fee that is	51554
paid under division (F) of this section and that portion of the	51555
fine paid under division (G) of section 4511.19 of the Revised	51556
Code and that is credited under either division to the indigent	51557
drivers interlock and alcohol monitoring fund shall be deposited	51558
into a county indigent drivers interlock and alcohol monitoring	51559
fund, a county juvenile indigent drivers interlock and alcohol	51560
monitoring fund, or a municipal indigent drivers interlock and	51561
alcohol monitoring fund as follows:	51562

(a) If the fee or fine is paid by a person who was charged in	51563
a county court with the violation that resulted in the suspension	51564
or fine, the portion shall be deposited into the county indigent	51565
drivers interlock and alcohol monitoring fund under the control of	51566
that court.	51567

(b) If the fee or fine is paid by a person who was charged in	51568
a juvenile court with the violation that resulted in the	51569
suspension or fine, the portion shall be deposited into the county	51570
juvenile indigent drivers interlock and alcohol monitoring fund	51571
established in the county served by the court.	51572

(c) If the fee or fine is paid by a person who was charged in	51573
a municipal court with the violation that resulted in the	51574
suspension, the portion shall be deposited into the municipal	51575
indigent drivers interlock and alcohol monitoring fund under the	51576
control of that court.	51577

Sec. 4511.78. (A) As used in this section:

51578

(1) "Mass transit system" means any county transit system,	51579
regional transit authority, regional transit commission,	51580
municipally owned transportation system, mass transit company	51581
operating exclusively within the territorial limits of a municipal	51582
corporation, or within such limits and the territorial limits of	51583
municipal corporations immediately contiguous to such municipal	51584
corporation, and any common passenger carrier ~~certified by the~~	51585
~~public utilities commission~~, that provides transportation for	51586
children to or from a school session or a school function.	51587

(2) "Bus" means every motor vehicle designed for carrying	51588
more than nine passengers and used for the transportation of	51589
persons, but does not mean any school bus as defined in section	51590
4511.01 of the Revised Code.	51591

(B) Whenever a mass transit system transports children to or	51592
from a school session or school function, the mass transit system	51593
shall provide for:	51594

(1) Periodic safety inspections of all buses used to provide	51595
transportation service. The inspections shall be based on rules	51596
adopted by the public utilities commission under Chapters 4921.	51597
and 4923. of the Revised Code to ensure the safety of operation of	51598
~~motor transportation companies and private~~ motor carriers.	51599

(2) The safety training of all drivers operating buses used	51600
to provide transportation service;	51601

(3) The equipping of every bus with outside rear-view mirrors	51602
meeting the motor carrier regulations for bus equipment adopted by	51603
the federal highway administration. No exclusions from this	51604
requirement granted under the federal regulations shall be	51605
considered exclusions for the purposes of this division.	51606

(C) Except as otherwise provided in this division, whoever	51607
violates this section is guilty of a minor misdemeanor. If, within	51608
one year of the offense, the offender previously has been	51609
convicted of or pleaded guilty to one predicate motor vehicle or	51610
traffic offense, whoever violates this section is guilty of a	51611
misdemeanor of the fourth degree. If, within one year of the	51612
offense, the offender previously has been convicted of two or more	51613
predicate motor vehicle or traffic offenses, whoever violates this	51614
section is guilty of a misdemeanor of the third degree.	51615

Sec. 4511.98. The director of transportation may establish	51616
speed limits within construction zones that vary based on the type	51617
of work being conducted, the time of day, or any other criteria	51618
the director may consider appropriate. The director, board of	51619
county commissioners, or board of township trustees shall cause	51620
signs to be erected advising motorists that increased penalties	51621
apply for certain traffic violations occurring on streets or	51622
highways in a construction zone. The increased penalties shall be	51623
effective only when signs are erected in accordance with the	51624
guidelines and design specifications established by the director	51625
under section 5501.27 of the Revised Code, and when a violation	51626
occurs during hours of actual work within the construction zone.	51627

Sec. 4513.18. (A) The director of transportation shall adopt	51628
standards and specifications applicable to headlights, clearance	51629
lights, identification, and other lights, on snow removal	51630
equipment when operated on the highways, and on vehicles operating	51631
under special permits pursuant to section 4513.34 of the Revised	51632
Code, in lieu of the lights otherwise required on motor vehicles.	51633
Such standards and specifications may permit the use of flashing	51634
colored lights, other than blue or red in color, for purposes of	51635
identification on snow removal equipment, and oversize vehicles	51636
when in service upon the highways. The standards and	51637
specifications for lights referred to in this section shall	51638
correlate with and, so far as possible, conform with those	51639
approved by the American association of state highway officials.	51640

It is unlawful to operate snow removal equipment on a highway	51641
unless the lights thereon comply with and are lighted when and as	51642
required by the standards and specifications adopted as provided	51643
in this section.	51644

(B) Whoever violates this section is guilty of a minor	51645
misdemeanor.	51646

Sec. 4513.263. (A) As used in this section and in section	51647
4513.99 of the Revised Code:	51648

(1) "Automobile" means any commercial tractor, passenger car,	51649
commercial car, or truck that is required to be factory-equipped	51650
with an occupant restraining device for the operator or any	51651
passenger by regulations adopted by the United States secretary of	51652
transportation pursuant to the "National Traffic and Motor Vehicle	51653
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	51654

(2) "Occupant restraining device" means a seat safety belt,	51655
shoulder belt, harness, or other safety device for restraining a	51656
person who is an operator of or passenger in an automobile and	51657
that satisfies the minimum federal vehicle safety standards	51658
established by the United States department of transportation.	51659

(3) "Passenger" means any person in an automobile, other than	51660
its operator, who is occupying a seating position for which an	51661
occupant restraining device is provided.	51662

(4) "Commercial tractor," "passenger car," and "commercial	51663
car" have the same meanings as in section 4501.01 of the Revised	51664
Code.	51665

(5) "Vehicle" and "motor vehicle," as used in the definitions	51666
of the terms set forth in division (A)(4) of this section, have	51667
the same meanings as in section 4511.01 of the Revised Code.	51668

(6) "Tort action" means a civil action for damages for	51669
injury, death, or loss to person or property. "Tort action"	51670
includes a product liability claim, as defined in section 2307.71	51671
of the Revised Code, and an asbestos claim, as defined in section	51672
2307.91 of the Revised Code, but does not include a civil action	51673
for damages for breach of contract or another agreement between	51674
persons.	51675

(B) No person shall do any of the following:

51676

(1) Operate an automobile on any street or highway unless	51677
that person is wearing all of the available elements of a properly	51678
adjusted occupant restraining device, or operate a school bus that	51679
has an occupant restraining device installed for use in its	51680
operator's seat unless that person is wearing all of the available	51681
elements of the device, as properly adjusted;	51682

(2) Operate an automobile on any street or highway unless	51683
each passenger in the automobile who is subject to the requirement	51684
set forth in division (B)(3) of this section is wearing all of the	51685
available elements of a properly adjusted occupant restraining	51686
device;	51687

(3) Occupy, as a passenger, a seating position on the front	51688
seat of an automobile being operated on any street or highway	51689
unless that person is wearing all of the available elements of a	51690
properly adjusted occupant restraining device;	51691

(4) Operate a taxicab on any street or highway unless all	51692
factory-equipped occupant restraining devices in the taxicab are	51693
maintained in usable form.	51694

(C) Division (B)(3) of this section does not apply to a	51695
person who is required by section 4511.81 of the Revised Code to	51696
be secured in a child restraint device or booster seat. Division	51697
(B)(1) of this section does not apply to a person who is an	51698
employee of the United States postal service or of a newspaper	51699
home delivery service, during any period in which the person is	51700
engaged in the operation of an automobile to deliver mail or	51701
newspapers to addressees. Divisions (B)(1) and (3) of this section	51702
do not apply to a person who has an affidavit signed by a	51703
physician licensed to practice in this state under Chapter 4731.	51704
of the Revised Code or a chiropractor licensed to practice in this	51705
state under Chapter 4734. of the Revised Code that states that the	51706
person has a physical impairment that makes use of an occupant	51707
restraining device impossible or impractical.	51708

(D) Notwithstanding any provision of law to the contrary, no	51709
law enforcement officer shall cause an operator of an automobile	51710
being operated on any street or highway to stop the automobile for	51711
the sole purpose of determining whether a violation of division	51712
(B) of this section has been or is being committed or for the sole	51713
purpose of issuing a ticket, citation, or summons for a violation	51714
of that nature or causing the arrest of or commencing a	51715
prosecution of a person for a violation of that nature, and no law	51716
enforcement officer shall view the interior or visually inspect	51717
any automobile being operated on any street or highway for the	51718
sole purpose of determining whether a violation of that nature has	51719
been or is being committed.	51720

(E) All fines collected for violations of division (B) of	51721
this section, or for violations of any ordinance or resolution of	51722
a political subdivision that is substantively comparable to that	51723
division, shall be forwarded to the treasurer of state for deposit	51724
~~as follows:~~	51725

~~(1) Eight per cent shall be deposited into the elementary~~	51726
~~school program fund, which is hereby created in the state~~	51727
~~treasury, and shall be used by the department of public safety to~~	51728
~~establish and administer elementary school programs that encourage~~	51729
~~seat safety belt use.~~	51730

~~(2) Two per cent shall be deposited into the occupational~~	51731
~~licensing and regulatory fund created by section 4743.05 of the~~	51732
~~Revised Code.~~	51733

~~(3) Thirty-six per cent, plus~~into the state treasury to the	51734
credit of the trauma and emergency medical services fund, which is	51735
hereby created. In addition, sixty cents of each fee collected	51736
under sections 4501.34, 4503.26, 4505.14, 4506.08, ~~and~~ 4509.05,	51737
~~plus on and after October 1, 2009, sixty cents of each fee~~	51738
~~collected under sections 4505.14~~ and 4519.63 of the Revised Code	51739
as specified in those sections, plus the portion of the driver's	51740
license reinstatement fee described in division (F)(2)(g) of	51741
section 4511.191 of the Revised Code, plus all fees collected	51742
under section 4765.11 of the Revised Code, plus all fines imposed	51743
under section 4765.55 of the Revised Code, and plus five per cent	51744
of fines and moneys arising from bail forfeitures as directed by	51745
section 5503.04 of the Revised Code, also shall be deposited into	51746
the trauma and emergency medical services fund~~, which is hereby~~	51747
~~created in the state treasury, and~~. All money deposited into the	51748
trauma and emergency medical services fund shall be used by the	51749
department of public safety for the administration and operation	51750
of the division of emergency medical services and the state board	51751
of emergency medical services, ~~except that the~~and by the state	51752
board of emergency medical services to make grants, in accordance	51753
with section 4765.07 of the Revised Code and rules the board	51754
adopts under section 4765.11 of the Revised Code. The director of	51755
budget and management may transfer excess money from the trauma	51756
and emergency medical services fund to the state highway safety	51757
fund if the director of public safety determines that the amount	51758
of money in the trauma and emergency medical services fund exceeds	51759
the amount required to cover such costs incurred by the emergency	51760
medical services agency and the grants made by the state board of	51761
emergency medical services and requests the director of budget and	51762
management to make the transfer.	51763

~~(4) Fifty-four per cent shall be deposited into the trauma~~	51764
~~and emergency medical services grants fund, which is hereby~~	51765
~~created in the state treasury, and shall be used by the state~~	51766
~~board of emergency medical services to make grants, in accordance~~	51767
~~with section 4765.07 of the Revised Code and rules the board~~	51768
~~adopts under section 4765.11 of the Revised Code.~~	51769

(F)(1) Subject to division (F)(2) of this section, the	51770
failure of a person to wear all of the available elements of a	51771
properly adjusted occupant restraining device in violation of	51772
division (B)(1) or (3) of this section or the failure of a person	51773
to ensure that each minor who is a passenger of an automobile	51774
being operated by that person is wearing all of the available	51775
elements of a properly adjusted occupant restraining device in	51776
violation of division (B)(2) of this section shall not be	51777
considered or used by the trier of fact in a tort action as	51778
evidence of negligence or contributory negligence. But, the trier	51779
of fact may determine based on evidence admitted consistent with	51780
the Ohio Rules of Evidence that the failure contributed to the	51781
harm alleged in the tort action and may diminish a recovery of	51782
compensatory damages that represents noneconomic loss, as defined	51783
in section 2307.011 of the Revised Code, in a tort action that	51784
could have been recovered but for the plaintiff's failure to wear	51785
all of the available elements of a properly adjusted occupant	51786
restraining device. Evidence of that failure shall not be used as	51787
a basis for a criminal prosecution of the person other than a	51788
prosecution for a violation of this section; and shall not be	51789
admissible as evidence in a criminal action involving the person	51790
other than a prosecution for a violation of this section.	51791

(2) If, at the time of an accident involving a passenger car	51792
equipped with occupant restraining devices, any occupant of the	51793
passenger car who sustained injury or death was not wearing an	51794
available occupant restraining device, was not wearing all of the	51795
available elements of such a device, or was not wearing such a	51796
device as properly adjusted, then, consistent with the Rules of	51797
Evidence, the fact that the occupant was not wearing the available	51798
occupant restraining device, was not wearing all of the available	51799
elements of such a device, or was not wearing such a device as	51800
properly adjusted is admissible in evidence in relation to any	51801
claim for relief in a tort action to the extent that the claim for	51802
relief satisfies all of the following:	51803

(a) It seeks to recover damages for injury or death to the	51804
occupant.	51805

(b) The defendant in question is the manufacturer, designer,	51806
distributor, or seller of the passenger car.	51807

(c) The claim for relief against the defendant in question is	51808
that the injury or death sustained by the occupant was enhanced or	51809
aggravated by some design defect in the passenger car or that the	51810
passenger car was not crashworthy.	51811

(G)(1) Whoever violates division (B)(1) of this section shall	51812
be fined thirty dollars.	51813

(2) Whoever violates division (B)(3) of this section shall be	51814
fined twenty dollars.	51815

(3) Except as otherwise provided in this division, whoever	51816
violates division (B)(4) of this section is guilty of a minor	51817
misdemeanor. If the offender previously has been convicted of or	51818
pleaded guilty to a violation of division (B)(4) of this section,	51819
whoever violates division (B)(4) of this section is guilty of a	51820
misdemeanor of the third degree.	51821

Sec. 4513.50. As used in sections 4513.50 to 4513.53 of the	51822
Revised Code:	51823

(A)(1) "Bus" means any vehicle used for the transportation of	51824
passengers that meets at least one of the following:	51825

(a) Was originally designed by the manufacturer to transport	51826
more than fifteen passengers, including the driver;	51827

(b) Either the gross vehicle weight rating or the gross	51828
vehicle weight exceeds ten thousand pounds.	51829

(2) "Bus" does not include a church bus as defined in section	51830
4503.07 of the Revised Code or a school bus unless the church bus	51831
or school bus is used in the transportation of passengers ~~for hire~~	51832
by a motor ~~transportation company or a common~~ carrier ~~by motor~~	51833
~~vehicle or by a private motor carrier or contract carrier by motor~~	51834
~~vehicle~~.	51835

(3) "Bus" also does not include any of the following:

51836

(a) Any vehicle operated exclusively on a rail or rails;

51837

(b) A trolley bus operated by electric power derived from a	51838
fixed overhead wire furnishing local passenger transportation	51839
similar to street-railway service;	51840

(c) Vehicles owned or leased by government agencies or	51841
political subdivisions.	51842

(B)~~(1)~~ "Motor ~~transportation company" and "common~~ carrier by	51843
~~motor vehicle~~" ~~have~~has the same ~~meanings~~meaning as in section	51844
~~4921.02~~4923.01 of the Revised Code.	51845

~~(2) "Private motor carrier" and "contract carrier by motor~~	51846
~~vehicle" have the same meanings as in section 4923.02 of the~~	51847
~~Revised Code.~~	51848

Sec. 4712.01. As used in sections 4712.01 to 4712.14 of the	51849
Revised Code:	51850

(A) "Buyer" means an individual who is solicited to purchase	51851
or who purchases the services of a credit services organization	51852
for purposes other than obtaining a business loan as described in	51853
division (B)(6) of section 1343.01 of the Revised Code.	51854

(B) "Consumer reporting agency" has the same meaning as in	51855
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a,	51856
as amended.	51857

(C)(1) "Credit services organization" means any person that,	51858
in return for the payment of money or other valuable consideration	51859
readily convertible into money for the following services, sells,	51860
provides, or performs, or represents that the person can or will	51861
sell, provide, or perform, one or more of the following services:	51862

(a) Improving a buyer's credit record, history, or rating;

51863

(b) Obtaining an extension of credit by others for a buyer;

51864

(c) Providing advice or assistance to a buyer in connection	51865
with division (C)(1)(a) or (b) of this section;	51866

(d) Removing adverse credit information that is accurate and	51867
not obsolete from the buyer's credit record, history, or rating;	51868

(e) Altering the buyer's identification to prevent the	51869
display of the buyer's credit record, history, or rating.	51870

(2) "Credit services organization" does not include any of	51871
the following:	51872

(a) A person that makes or collects loans, to the extent	51873
these activities are subject to licensure or registration by this	51874
state;	51875

(b) A mortgage broker, as defined in section 1322.01 of the	51876
Revised Code, that holds a valid certificate of registration under	51877
sections 1322.01 to 1322.12 of the Revised Code;	51878

(c) A lender approved by the United States secretary of	51879
housing and urban development for participation in a mortgage	51880
insurance program under the "National Housing Act," 48 Stat. 1246	51881
(1934), 12 U.S.C.A. 1701, as amended;	51882

(d) A bank, savings bank, or savings and loan association, or	51883
a subsidiary or an affiliate of a bank, savings bank, or savings	51884
and loan association. For purposes of division (C)(2)(d) of this	51885
section, "affiliate" has the same meaning as in division (A) of	51886
section 1101.01 of the Revised Code and "bank," as used in	51887
division (A) of section 1101.01 of the Revised Code, is deemed to	51888
include a savings bank or savings and loan association.	51889

(e) A credit union organized and qualified under Chapter	51890
1733. of the Revised Code or the "Federal Credit Union Act," 84	51891
Stat. 994 (1970), 12 U.S.C.A. 1751, as amended;	51892

(f) A budget and debt counseling service, as defined in	51893
division (D) of section 2716.03 of the Revised Code, provided that	51894
the service is a nonprofit organization exempt from taxation under	51895
section 501(c)(3) of the "Internal Revenue Code of 1986," 100	51896
Stat. 2085, 26 U.S.C.A. 501, as amended, and that the service is	51897
in compliance with Chapter 4710. of the Revised Code;	51898

(g) A consumer reporting agency that is in substantial	51899
compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 15	51900
U.S.C.A. 1681a, as amended.	51901

(h) A mortgage banker;

51902

(i) Any political subdivision, or any governmental or other	51903
public entity, corporation, or agency, in or of the United States	51904
or any state of the United States;	51905

(j) A college or university, or controlled entity of a	51906
college or university, as defined in section 1713.05 of the	51907
Revised Code;	51908

(k) A motor vehicle dealer licensed pursuant to Chapter 4517.	51909
of the Revised Code acting within the scope and authority of that	51910
license or a motor vehicle auction owner licensed pursuant to	51911
Chapters 4517. and 4707. of the Revised Code acting within the	51912
scope and authority of that license;	51913

(l) An attorney at law admitted to the practice of law in	51914
this state who offers, provides, or performs a legal service that	51915
is privileged by reason of the attorney-client relationship,	51916
provided that the service is not a service described in division	51917
(C)(1)(b) or (e) of this section.	51918

(D) "Extension of credit" means the right to defer payment of	51919
debt, or to incur debt and defer its payment, offered or granted	51920
primarily for personal, family, or household purposes. "Extension	51921
of credit" does not include a mortgage.	51922

(E) "Mortgage" means any indebtedness secured by a deed of	51923
trust, security deed, or other lien on real property.	51924

(F) "Mortgage banker" means any person that makes, services,	51925
or buys and sells mortgage loans and is approved by the United	51926
States department of housing and urban development, the United	51927
States department of veterans affairs, the federal national	51928
mortgage association, or the federal home loan mortgage	51929
corporation.	51930

(G) "Superintendent of financial institutions" includes the	51931
deputy superintendent for consumer finance as provided in section	51932
1181.21 of the Revised Code.	51933

Sec. 4723.481. This section establishes standards and	51934
conditions regarding the authority of a clinical nurse specialist,	51935
certified nurse-midwife, or certified nurse practitioner to	51936
prescribe drugs and therapeutic devices under a certificate to	51937
prescribe issued under section 4723.481 of the Revised Code.	51938

(A) A clinical nurse specialist, certified nurse-midwife, or	51939
certified nurse practitioner shall not prescribe any drug or	51940
therapeutic device that is not included in the types of drugs and	51941
devices listed on the formulary established in rules adopted under	51942
section 4723.50 of the Revised Code.	51943

(B) The prescriptive authority of a clinical nurse	51944
specialist, certified nurse-midwife, or certified nurse	51945
practitioner shall not exceed the prescriptive authority of the	51946
collaborating physician or podiatrist, including the collaborating	51947
physician's authority to treat chronic pain with controlled	51948
substances and products containing tramadol as described in	51949
section 4731.052 of the Revised Code.	51950

(C)(1) Except as provided in division (C)(2) or (3) of this	51951
section, a clinical nurse specialist, certified nurse-midwife, or	51952
certified nurse practitioner may prescribe to a patient a schedule	51953
II controlled substance only if all of the following are the case:	51954

(a) The patient has a terminal condition, as defined in	51955
section 2133.01 of the Revised Code.	51956

(b) The collaborating physician of the clinical nurse	51957
specialist, certified nurse-midwife, or certified nurse	51958
practitioner initially prescribed the substance for the patient.	51959

(c) The prescription is for an amount that does not exceed	51960
the amount necessary for the patient's use in a single,	51961
twenty-four hour period.	51962

(2) The restrictions on prescriptive authority in division	51963
(C)(1) of this section do not apply if a clinical nurse	51964
specialist, certified nurse-midwife, or certified nurse	51965
practitioner issues the prescription to the patient from any of	51966
the following locations:	51967

(a) A hospital registered under section 3701.07 of the	51968
Revised Code;	51969

(b) An entity owned or controlled, in whole or in part, by a	51970
hospital or by an entity that owns or controls, in whole or in	51971
part, one or more hospitals;	51972

(c) A health care facility operated by the department of	51973
mental health or the department of developmental disabilities;	51974

(d) A nursing home licensed under section 3721.02 of the	51975
Revised Code or by a political subdivision certified under section	51976
3721.09 of the Revised Code;	51977

(e) A county home or district home operated under Chapter	51978
5155. of the Revised Code that is certified under the medicare or	51979
medicaid program;	51980

(f) A hospice care program, as defined in section 3712.01 of	51981
the Revised Code;	51982

(g) A community mental health agency, as defined in section	51983
5122.01 of the Revised Code;	51984

(h) An ambulatory surgical facility, as defined in section	51985
3702.30 of the Revised Code;	51986

(i) A freestanding birthing center, as defined in section	51987
3702.51 of the Revised Code;	51988

(j) A federally qualified health center, as defined in	51989
section 3701.047 of the Revised Code;	51990

(k) A federally qualified health center look-alike, as	51991
defined in section 3701.047 of the Revised Code;	51992

(l) A health care office or facility operated by the board of	51993
health of a city or general health district or the authority	51994
having the duties of a board of health under section 3709.05 of	51995
the Revised Code;	51996

(m) A site where a medical practice is operated, but only if	51997
the practice is comprised of one or more physicians who also are	51998
owners of the practice; the practice is organized to provide	51999
direct patient care; and the clinical nurse specialist, certified	52000
nurse-midwife, or certified nurse practitioner providing services	52001
at the site has a standard care arrangement and collaborates with	52002
at least one of the physician owners who practices primarily at	52003
that site.	52004

(3) A clinical nurse specialist, certified nurse-midwife, or	52005
certified nurse practitioner shall not issue to a patient a	52006
prescription for a schedule II controlled substance from a	52007
convenience care clinic even if the clinic is owned or operated by	52008
an entity specified in division (C)(2) of this section.	52009

(D) A pharmacist who acts in good faith reliance on a	52010
prescription issued by a clinical nurse specialist, certified	52011
nurse-midwife, or certified nurse practitioner under division	52012
(C)(2) of this section is not liable for or subject to any of the	52013
following for relying on the prescription: damages in any civil	52014
action, prosecution in any criminal proceeding, or professional	52015
disciplinary action by the state board of pharmacy under Chapter	52016
4729. of the Revised Code.	52017

(E) A clinical nurse specialist, certified nurse-midwife, or	52018
certified nurse practitioner may personally furnish to a patient a	52019
sample of any drug or therapeutic device included in the types of	52020
drugs and devices listed on the formulary, except that all of the	52021
following conditions apply:	52022

(1) The amount of the sample furnished shall not exceed a	52023
seventy-two-hour supply, except when the minimum available	52024
quantity of the sample is packaged in an amount that is greater	52025
than a seventy-two-hour supply, in which case the packaged amount	52026
may be furnished.	52027

(2) No charge may be imposed for the sample or for furnishing	52028
it.	52029

(3) Samples of controlled substances may not be personally	52030
furnished.	52031

(F) A clinical nurse specialist, certified nurse-midwife, or	52032
certified nurse practitioner may personally furnish to a patient a	52033
complete or partial supply of a drug or therapeutic device	52034
included in the types of drugs and devices listed on the	52035
formulary, except that all of the following conditions apply:	52036

(1) The clinical nurse specialist, certified nurse-midwife,	52037
or certified nurse practitioner shall personally furnish only	52038
antibiotics, antifungals, scabicides, contraceptives, prenatal	52039
vitamins, antihypertensives, drugs and devices used in the	52040
treatment of diabetes, drugs and devices used in the treatment of	52041
asthma, and drugs used in the treatment of dyslipidemia.	52042

(2) The clinical nurse specialist, certified nurse-midwife,	52043
or certified nurse practitioner shall not furnish the drugs and	52044
devices in locations other than a health department operated by	52045
the board of health of a city or general health district or the	52046
authority having the duties of a board of health under section	52047
3709.05 of the Revised Code, a federally funded comprehensive	52048
primary care clinic, or a nonprofit health care clinic or program.	52049

(3) The clinical nurse specialist, certified nurse-midwife,	52050
or certified nurse practitioner shall comply with all safety	52051
standards for personally furnishing supplies of drugs and devices,	52052
as established in rules adopted under section 4723.50 of the	52053
Revised Code.	52054

Sec. 4730.42. (A) In granting physician-delegated	52055
prescriptive authority to a particular physician assistant who	52056
holds a certificate to prescribe issued under this chapter, the	52057
supervising physician is subject to all of the following:	52058

(1) The supervising physician shall not grant	52059
physician-delegated prescriptive authority for any drug or	52060
therapeutic device that is not listed on the formulary established	52061
in rules adopted under section 4730.39 of the Revised Code as a	52062
drug or therapeutic device that may be included in the	52063
physician-delegated prescriptive authority granted to a physician	52064
assistant.	52065

(2) The supervising physician shall not grant	52066
physician-delegated prescriptive authority for any drug or device	52067
that may be used to perform or induce an abortion.	52068

(3) The supervising physician shall not grant	52069
physician-delegated prescriptive authority in a manner that	52070
exceeds the supervising physician's prescriptive authority,	52071
including the physician's authority to treat chronic pain with	52072
controlled substances and products containing tramadol as	52073
described in section 4731.052 of the Revised Code.	52074

(4) The supervising physician shall supervise the physician	52075
assistant in accordance with all of the following:	52076

(a) The supervision requirements specified in section 4730.21	52077
of the Revised Code and, in the case of supervision provided	52078
during a provisional period of physician-delegated prescriptive	52079
authority, the supervision requirements specified in section	52080
4730.45 of the Revised Code;	52081

(b) The physician supervisory plan approved for the	52082
supervising physician or the policies of the health care facility	52083
in which the physician and physician assistant are practicing;	52084

(c) The supervision agreement approved under section 4730.19	52085
of the Revised Code that applies to the supervising physician and	52086
the physician assistant.	52087

(B)(1) The supervising physician of a physician assistant may	52088
place conditions on the physician-delegated prescriptive authority	52089
granted to the physician assistant. If conditions are placed on	52090
that authority, the supervising physician shall maintain a written	52091
record of the conditions and make the record available to the	52092
state medical board on request.	52093

(2) The conditions that a supervising physician may place on	52094
the physician-delegated prescriptive authority granted to a	52095
physician assistant include the following:	52096

(a) Identification by class and specific generic nomenclature	52097
of drugs and therapeutic devices that the physician chooses not to	52098
permit the physician assistant to prescribe;	52099

(b) Limitations on the dosage units or refills that the	52100
physician assistant is authorized to prescribe;	52101

(c) Specification of circumstances under which the physician	52102
assistant is required to refer patients to the supervising	52103
physician or another physician when exercising physician-delegated	52104
prescriptive authority;	52105

(d) Responsibilities to be fulfilled by the physician in	52106
supervising the physician assistant that are not otherwise	52107
specified in the physician supervisory plan or otherwise required	52108
by this chapter.	52109

Sec. 4731.052. (A) As used in this section:

52110

(1) ~~"Dangerous drug" has the same meaning as in section~~	52111
~~4729.01 of the Revised Code.~~	52112

~~(2)~~ "Chronic pain" means pain that has persisted after	52113
reasonable medical efforts have been made to relieve the pain or	52114
cure its cause and that has continued, either continuously or	52115
episodically, for longer than three continuous months. "Chronic	52116
pain" does not include pain associated with a terminal condition	52117
or with a progressive disease that, in the normal course of	52118
progression, may reasonably be expected to result in a terminal	52119
condition.	52120

(2) "Controlled substance" has the same meaning as in section	52121
3719.01 of the Revised Code.	52122

(3) "Physician" means an individual authorized under this	52123
chapter to practice medicine and surgery or osteopathic medicine	52124
and surgery.	52125

(B) The state medical board shall adopt rules in accordance	52126
with Chapter 119. of the Revised Code that establish standards and	52127
procedures to be followed by physicians in the diagnosis and	52128
treatment of chronic pain, including standards for a physician's	52129
consultation with one or more other physicians who specialize in	52130
the treatment of the area, system, or organ of the body perceived	52131
as the source of pain and managing chronic pain by prescribing,	52132
personally furnishing, or administering ~~dangerous drugs in amounts~~	52133
~~or combinations that may not be appropriate when treating other~~	52134
~~medical conditions. In developing the rules, the board shall~~	52135
~~consult with and permit review by physicians who are experienced~~	52136
~~in the diagnosis and treatment of chronic pain~~controlled	52137
substances or products containing tramadol.	52138

(C) When a physician diagnoses ~~an individual~~a patient as	52139
having chronic pain, the physician may, subject to division (D) of	52140
this section, treat the pain by managing it with ~~dangerous drugs~~	52141
~~in amounts or combinations that may not be appropriate when~~	52142
~~treating other medical conditions~~controlled substances and	52143
products containing tramadol. The physician's diagnosis and	52144
treatment decisions shall be made ~~after having the individual~~	52145
according to accepted and prevailing standards for medical care.	52146
For the purpose of assisting with the diagnosis of chronic pain,	52147
the physician shall obtain and review all available medical	52148
records or detailed written summaries of the patient's treatment	52149
for chronic pain or the condition causing the chronic pain. It is	52150
recommended that the physician also consider having the patient	52151
evaluated by one or more other physicians who specialize in the	52152
treatment of the area, system, or organ of the body perceived as	52153
the source of the pain. ~~The physician's diagnosis and treatment~~	52154
~~decisions shall be made according to accepted and prevailing~~	52155
~~standards for medical care. The~~	52156

(D) For each patient a physician diagnoses as having chronic	52157
pain, the physician shall maintain a written record of all of the	52158
following:	52159

(1) Medical history and physical examination of the	52160
~~individual~~patient;	52161

(2) The diagnosis of chronic pain, including signs, symptoms,	52162
and causes;	52163

(3) The plan of treatment proposed, the patient's response to	52164
treatment, and any modification to the plan of treatment;,	52165
including all of the following:	52166

(a) Documentation that other medically reasonable treatments	52167
for relief of the patient's chronic pain have been offered or	52168
attempted without adequate or reasonable success;	52169

(b) Periodic assessment and documentation of the patient's	52170
functional status, including the ability to engage in work or	52171
other purposeful activities, the pain intensity and its	52172
interference with activities of daily living, quality of family	52173
life and social activities, and physical activity of the patient;	52174

(c) Periodic assessment and documentation of the patient's	52175
progress toward treatment objectives, including the intended role	52176
of controlled substances or products containing tramadol within	52177
the overall plan of treatment;	52178

(d) Periodic assessment and documentation for indicators of	52179
possible addiction, drug abuse, or drug diversion;	52180

(e) Notation of any adverse drug effects.

52181

(4) The dates on which ~~dangerous drugs~~controlled substances	52182
or products containing tramadol were prescribed, furnished, or	52183
administered, the name and address of the ~~individual~~patient to or	52184
for whom the ~~dangerous drugs~~controlled substances or products	52185
containing tramadol were prescribed, ~~dispensed~~furnished, or	52186
administered, and the amounts and dosage forms for the ~~dangerous~~	52187
~~drugs~~controlled substances or products containing tramadol	52188
prescribed, furnished, or administered;	52189

(5) A copy of ~~the~~any record or report made by ~~the~~another	52190
physician ~~or the physician to whom referral for evaluation was~~	52191
~~made under this division~~that was used or consulted for the	52192
purpose of diagnosing the patient's chronic pain or treating the	52193
patient for chronic pain.	52194

(E) A physician shall not prescribe, personally furnish, or	52195
administer to a patient a controlled substance or product	52196
containing tramadol without taking into account the potential for	52197
abuse of the controlled substance or product, the possibility the	52198
controlled substance or product may lead to dependence, the	52199
possibility the patient will obtain the controlled substance or	52200
product for a nontherapeutic use or distribute it to other	52201
persons, and the potential existence of an illicit market for the	52202
controlled substance or product. In addition, the physician shall	52203
address with the patient the risks associated with protracted	52204
treatment with controlled substances or products containing	52205
tramadol, including informing the patient of the potential for	52206
dependence, tolerance, and addiction and the clinical or	52207
monitoring tools the physician may use if signs of addiction, drug	52208
abuse, or drug diversion are present.	52209

~~(D)~~(F) A physician who treats chronic pain by managing it	52210
with ~~dangerous drugs~~controlled substances or products containing	52211
tramadol is not subject to disciplinary action by the board under	52212
section 4731.22 of the Revised Code solely because the physician	52213
treated the chronic pain with ~~dangerous drugs~~controlled	52214
substances or products containing tramadol.	52215

Sec. 4731.22. (A) The state medical board, by an affirmative	52216
vote of not fewer than six of its members, may revoke or may	52217
refuse to grant a certificate to a person found by the board to	52218
have committed fraud during the administration of the examination	52219
for a certificate to practice or to have committed fraud,	52220
misrepresentation, or deception in applying for or securing any	52221
certificate to practice or certificate of registration issued by	52222
the board.	52223

(B) The board, by an affirmative vote of not fewer than six	52224
members, shall, to the extent permitted by law, limit, revoke, or	52225
suspend an individual's certificate to practice, refuse to	52226
register an individual, refuse to reinstate a certificate, or	52227
reprimand or place on probation the holder of a certificate for	52228
one or more of the following reasons:	52229

(1) Permitting one's name or one's certificate to practice or	52230
certificate of registration to be used by a person, group, or	52231
corporation when the individual concerned is not actually	52232
directing the treatment given;	52233

(2) Failure to maintain minimal standards applicable to the	52234
selection or administration of drugs, or failure to employ	52235
acceptable scientific methods in the selection of drugs or other	52236
modalities for treatment of disease;	52237

(3) Selling, giving away, personally furnishing, prescribing,	52238
or administering drugs for other than legal and legitimate	52239
therapeutic purposes or a plea of guilty to, a judicial finding of	52240
guilt of, or a judicial finding of eligibility for intervention in	52241
lieu of conviction of, a violation of any federal or state law	52242
regulating the possession, distribution, or use of any drug;	52243

(4) Willfully betraying a professional confidence.

52244

For purposes of this division, "willfully betraying a	52245
professional confidence" does not include providing any	52246
information, documents, or reports to a child fatality review	52247
board under sections 307.621 to 307.629 of the Revised Code and	52248
does not include the making of a report of an employee's use of a	52249
drug of abuse, or a report of a condition of an employee other	52250
than one involving the use of a drug of abuse, to the employer of	52251
the employee as described in division (B) of section 2305.33 of	52252
the Revised Code. Nothing in this division affects the immunity	52253
from civil liability conferred by that section upon a physician	52254
who makes either type of report in accordance with division (B) of	52255
that section. As used in this division, "employee," "employer,"	52256
and "physician" have the same meanings as in section 2305.33 of	52257
the Revised Code.	52258

(5) Making a false, fraudulent, deceptive, or misleading	52259
statement in the solicitation of or advertising for patients; in	52260
relation to the practice of medicine and surgery, osteopathic	52261
medicine and surgery, podiatric medicine and surgery, or a limited	52262
branch of medicine; or in securing or attempting to secure any	52263
certificate to practice or certificate of registration issued by	52264
the board.	52265

As used in this division, "false, fraudulent, deceptive, or	52266
misleading statement" means a statement that includes a	52267
misrepresentation of fact, is likely to mislead or deceive because	52268
of a failure to disclose material facts, is intended or is likely	52269
to create false or unjustified expectations of favorable results,	52270
or includes representations or implications that in reasonable	52271
probability will cause an ordinarily prudent person to	52272
misunderstand or be deceived.	52273

(6) A departure from, or the failure to conform to, minimal	52274
standards of care of similar practitioners under the same or	52275
similar circumstances, whether or not actual injury to a patient	52276
is established;	52277

(7) Representing, with the purpose of obtaining compensation	52278
or other advantage as personal gain or for any other person, that	52279
an incurable disease or injury, or other incurable condition, can	52280
be permanently cured;	52281

(8) The obtaining of, or attempting to obtain, money or	52282
anything of value by fraudulent misrepresentations in the course	52283
of practice;	52284

(9) A plea of guilty to, a judicial finding of guilt of, or a	52285
judicial finding of eligibility for intervention in lieu of	52286
conviction for, a felony;	52287

(10) Commission of an act that constitutes a felony in this	52288
state, regardless of the jurisdiction in which the act was	52289
committed;	52290

(11) A plea of guilty to, a judicial finding of guilt of, or	52291
a judicial finding of eligibility for intervention in lieu of	52292
conviction for, a misdemeanor committed in the course of practice;	52293

(12) Commission of an act in the course of practice that	52294
constitutes a misdemeanor in this state, regardless of the	52295
jurisdiction in which the act was committed;	52296

(13) A plea of guilty to, a judicial finding of guilt of, or	52297
a judicial finding of eligibility for intervention in lieu of	52298
conviction for, a misdemeanor involving moral turpitude;	52299

(14) Commission of an act involving moral turpitude that	52300
constitutes a misdemeanor in this state, regardless of the	52301
jurisdiction in which the act was committed;	52302

(15) Violation of the conditions of limitation placed by the	52303
board upon a certificate to practice;	52304

(16) Failure to pay license renewal fees specified in this	52305
chapter;	52306

(17) Except as authorized in section 4731.31 of the Revised	52307
Code, engaging in the division of fees for referral of patients,	52308
or the receiving of a thing of value in return for a specific	52309
referral of a patient to utilize a particular service or business;	52310

(18) Subject to section 4731.226 of the Revised Code,	52311
violation of any provision of a code of ethics of the American	52312
medical association, the American osteopathic association, the	52313
American podiatric medical association, or any other national	52314
professional organizations that the board specifies by rule. The	52315
state medical board shall obtain and keep on file current copies	52316
of the codes of ethics of the various national professional	52317
organizations. The individual whose certificate is being suspended	52318
or revoked shall not be found to have violated any provision of a	52319
code of ethics of an organization not appropriate to the	52320
individual's profession.	52321

For purposes of this division, a "provision of a code of	52322
ethics of a national professional organization" does not include	52323
any provision that would preclude the making of a report by a	52324
physician of an employee's use of a drug of abuse, or of a	52325
condition of an employee other than one involving the use of a	52326
drug of abuse, to the employer of the employee as described in	52327
division (B) of section 2305.33 of the Revised Code. Nothing in	52328
this division affects the immunity from civil liability conferred	52329
by that section upon a physician who makes either type of report	52330
in accordance with division (B) of that section. As used in this	52331
division, "employee," "employer," and "physician" have the same	52332
meanings as in section 2305.33 of the Revised Code.	52333

(19) Inability to practice according to acceptable and	52334
prevailing standards of care by reason of mental illness or	52335
physical illness, including, but not limited to, physical	52336
deterioration that adversely affects cognitive, motor, or	52337
perceptive skills.	52338

In enforcing this division, the board, upon a showing of a	52339
possible violation, may compel any individual authorized to	52340
practice by this chapter or who has submitted an application	52341
pursuant to this chapter to submit to a mental examination,	52342
physical examination, including an HIV test, or both a mental and	52343
a physical examination. The expense of the examination is the	52344
responsibility of the individual compelled to be examined. Failure	52345
to submit to a mental or physical examination or consent to an HIV	52346
test ordered by the board constitutes an admission of the	52347
allegations against the individual unless the failure is due to	52348
circumstances beyond the individual's control, and a default and	52349
final order may be entered without the taking of testimony or	52350
presentation of evidence. If the board finds an individual unable	52351
to practice because of the reasons set forth in this division, the	52352
board shall require the individual to submit to care, counseling,	52353
or treatment by physicians approved or designated by the board, as	52354
a condition for initial, continued, reinstated, or renewed	52355
authority to practice. An individual affected under this division	52356
shall be afforded an opportunity to demonstrate to the board the	52357
ability to resume practice in compliance with acceptable and	52358
prevailing standards under the provisions of the individual's	52359
certificate. For the purpose of this division, any individual who	52360
applies for or receives a certificate to practice under this	52361
chapter accepts the privilege of practicing in this state and, by	52362
so doing, shall be deemed to have given consent to submit to a	52363
mental or physical examination when directed to do so in writing	52364
by the board, and to have waived all objections to the	52365
admissibility of testimony or examination reports that constitute	52366
a privileged communication.	52367

(20) Except when civil penalties are imposed under section	52368
4731.225 or 4731.281 of the Revised Code, and subject to section	52369
4731.226 of the Revised Code, violating or attempting to violate,	52370
directly or indirectly, or assisting in or abetting the violation	52371
of, or conspiring to violate, any provisions of this chapter or	52372
any rule promulgated by the board.	52373

This division does not apply to a violation or attempted	52374
violation of, assisting in or abetting the violation of, or a	52375
conspiracy to violate, any provision of this chapter or any rule	52376
adopted by the board that would preclude the making of a report by	52377
a physician of an employee's use of a drug of abuse, or of a	52378
condition of an employee other than one involving the use of a	52379
drug of abuse, to the employer of the employee as described in	52380
division (B) of section 2305.33 of the Revised Code. Nothing in	52381
this division affects the immunity from civil liability conferred	52382
by that section upon a physician who makes either type of report	52383
in accordance with division (B) of that section. As used in this	52384
division, "employee," "employer," and "physician" have the same	52385
meanings as in section 2305.33 of the Revised Code.	52386

(21) The violation of section 3701.79 of the Revised Code or	52387
of any abortion rule adopted by the ~~public~~director of health	52388
~~council~~ pursuant to section 3701.341 of the Revised Code;	52389

(22) Any of the following actions taken by an agency	52390
responsible for authorizing, certifying, or regulating an	52391
individual to practice a health care occupation or provide health	52392
care services in this state or another jurisdiction, for any	52393
reason other than the nonpayment of fees: the limitation,	52394
revocation, or suspension of an individual's license to practice;	52395
acceptance of an individual's license surrender; denial of a	52396
license; refusal to renew or reinstate a license; imposition of	52397
probation; or issuance of an order of censure or other reprimand;	52398

(23) The violation of section 2919.12 of the Revised Code or	52399
the performance or inducement of an abortion upon a pregnant woman	52400
with actual knowledge that the conditions specified in division	52401
(B) of section 2317.56 of the Revised Code have not been satisfied	52402
or with a heedless indifference as to whether those conditions	52403
have been satisfied, unless an affirmative defense as specified in	52404
division (H)(2) of that section would apply in a civil action	52405
authorized by division (H)(1) of that section;	52406

(24) The revocation, suspension, restriction, reduction, or	52407
termination of clinical privileges by the United States department	52408
of defense or department of veterans affairs or the termination or	52409
suspension of a certificate of registration to prescribe drugs by	52410
the drug enforcement administration of the United States	52411
department of justice;	52412

(25) Termination or suspension from participation in the	52413
medicare or medicaid programs by the department of health and	52414
human services or other responsible agency for any act or acts	52415
that also would constitute a violation of division (B)(2), (3),	52416
(6), (8), or (19) of this section;	52417

(26) Impairment of ability to practice according to	52418
acceptable and prevailing standards of care because of habitual or	52419
excessive use or abuse of drugs, alcohol, or other substances that	52420
impair ability to practice.	52421

For the purposes of this division, any individual authorized	52422
to practice by this chapter accepts the privilege of practicing in	52423
this state subject to supervision by the board. By filing an	52424
application for or holding a certificate to practice under this	52425
chapter, an individual shall be deemed to have given consent to	52426
submit to a mental or physical examination when ordered to do so	52427
by the board in writing, and to have waived all objections to the	52428
admissibility of testimony or examination reports that constitute	52429
privileged communications.	52430

If it has reason to believe that any individual authorized to	52431
practice by this chapter or any applicant for certification to	52432
practice suffers such impairment, the board may compel the	52433
individual to submit to a mental or physical examination, or both.	52434
The expense of the examination is the responsibility of the	52435
individual compelled to be examined. Any mental or physical	52436
examination required under this division shall be undertaken by a	52437
treatment provider or physician who is qualified to conduct the	52438
examination and who is chosen by the board.	52439

Failure to submit to a mental or physical examination ordered	52440
by the board constitutes an admission of the allegations against	52441
the individual unless the failure is due to circumstances beyond	52442
the individual's control, and a default and final order may be	52443
entered without the taking of testimony or presentation of	52444
evidence. If the board determines that the individual's ability to	52445
practice is impaired, the board shall suspend the individual's	52446
certificate or deny the individual's application and shall require	52447
the individual, as a condition for initial, continued, reinstated,	52448
or renewed certification to practice, to submit to treatment.	52449

Before being eligible to apply for reinstatement of a	52450
certificate suspended under this division, the impaired	52451
practitioner shall demonstrate to the board the ability to resume	52452
practice in compliance with acceptable and prevailing standards of	52453
care under the provisions of the practitioner's certificate. The	52454
demonstration shall include, but shall not be limited to, the	52455
following:	52456

(a) Certification from a treatment provider approved under	52457
section 4731.25 of the Revised Code that the individual has	52458
successfully completed any required inpatient treatment;	52459

(b) Evidence of continuing full compliance with an aftercare	52460
contract or consent agreement;	52461

(c) Two written reports indicating that the individual's	52462
ability to practice has been assessed and that the individual has	52463
been found capable of practicing according to acceptable and	52464
prevailing standards of care. The reports shall be made by	52465
individuals or providers approved by the board for making the	52466
assessments and shall describe the basis for their determination.	52467

The board may reinstate a certificate suspended under this	52468
division after that demonstration and after the individual has	52469
entered into a written consent agreement.	52470

When the impaired practitioner resumes practice, the board	52471
shall require continued monitoring of the individual. The	52472
monitoring shall include, but not be limited to, compliance with	52473
the written consent agreement entered into before reinstatement or	52474
with conditions imposed by board order after a hearing, and, upon	52475
termination of the consent agreement, submission to the board for	52476
at least two years of annual written progress reports made under	52477
penalty of perjury stating whether the individual has maintained	52478
sobriety.	52479

(27) A second or subsequent violation of section 4731.66 or	52480
4731.69 of the Revised Code;	52481

(28) Except as provided in division (N) of this section:

52482

(a) Waiving the payment of all or any part of a deductible or	52483
copayment that a patient, pursuant to a health insurance or health	52484
care policy, contract, or plan that covers the individual's	52485
services, otherwise would be required to pay if the waiver is used	52486
as an enticement to a patient or group of patients to receive	52487
health care services from that individual;	52488

(b) Advertising that the individual will waive the payment of	52489
all or any part of a deductible or copayment that a patient,	52490
pursuant to a health insurance or health care policy, contract, or	52491
plan that covers the individual's services, otherwise would be	52492
required to pay.	52493

(29) Failure to use universal blood and body fluid	52494
precautions established by rules adopted under section 4731.051 of	52495
the Revised Code;	52496

(30) Failure to provide notice to, and receive acknowledgment	52497
of the notice from, a patient when required by section 4731.143 of	52498
the Revised Code prior to providing nonemergency professional	52499
services, or failure to maintain that notice in the patient's	52500
file;	52501

(31) Failure of a physician supervising a physician assistant	52502
to maintain supervision in accordance with the requirements of	52503
Chapter 4730. of the Revised Code and the rules adopted under that	52504
chapter;	52505

(32) Failure of a physician or podiatrist to enter into a	52506
standard care arrangement with a clinical nurse specialist,	52507
certified nurse-midwife, or certified nurse practitioner with whom	52508
the physician or podiatrist is in collaboration pursuant to	52509
section 4731.27 of the Revised Code or failure to fulfill the	52510
responsibilities of collaboration after entering into a standard	52511
care arrangement;	52512

(33) Failure to comply with the terms of a consult agreement	52513
entered into with a pharmacist pursuant to section 4729.39 of the	52514
Revised Code;	52515

(34) Failure to cooperate in an investigation conducted by	52516
the board under division (F) of this section, including failure to	52517
comply with a subpoena or order issued by the board or failure to	52518
answer truthfully a question presented by the board at a	52519
deposition or in written interrogatories, except that failure to	52520
cooperate with an investigation shall not constitute grounds for	52521
discipline under this section if a court of competent jurisdiction	52522
has issued an order that either quashes a subpoena or permits the	52523
individual to withhold the testimony or evidence in issue;	52524

(35) Failure to supervise an acupuncturist in accordance with	52525
Chapter 4762. of the Revised Code and the board's rules for	52526
supervision of an acupuncturist;	52527

(36) Failure to supervise an anesthesiologist assistant in	52528
accordance with Chapter 4760. of the Revised Code and the board's	52529
rules for supervision of an anesthesiologist assistant;	52530

(37) Assisting suicide as defined in section 3795.01 of the	52531
Revised Code;	52532

(38) Failure to comply with the requirements of section	52533
2317.561 of the Revised Code;	52534

(39) Failure to supervise a radiologist assistant in	52535
accordance with Chapter 4774. of the Revised Code and the board's	52536
rules for supervision of radiologist assistants;	52537

(40) Performing or inducing an abortion at an office or	52538
facility with knowledge that the office or facility fails to post	52539
the notice required under section 3701.791 of the Revised Code;	52540

(41) Failure to comply with the standards and procedures	52541
established in rules under section 4731.054 of the Revised Code	52542
for the operation of or the provision of care at a pain management	52543
clinic;	52544

(42) Failure to comply with the standards and procedures	52545
established in rules under section 4731.054 of the Revised Code	52546
for providing supervision, direction, and control of individuals	52547
at a pain management clinic;	52548

(43) Failure to comply with the requirements of section	52549
4729.79 of the Revised Code, unless the state board of pharmacy no	52550
longer maintains a drug database pursuant to section 4729.75 of	52551
the Revised Code;	52552

~~(41)~~(44) Failure to comply with the requirements of section	52553
2919.171 of the Revised Code or failure to submit to the	52554
department of health in accordance with a court order a complete	52555
report as described in section 2919.171 of the Revised Code.	52556

(C) Disciplinary actions taken by the board under divisions	52557
(A) and (B) of this section shall be taken pursuant to an	52558
adjudication under Chapter 119. of the Revised Code, except that	52559
in lieu of an adjudication, the board may enter into a consent	52560
agreement with an individual to resolve an allegation of a	52561
violation of this chapter or any rule adopted under it. A consent	52562
agreement, when ratified by an affirmative vote of not fewer than	52563
six members of the board, shall constitute the findings and order	52564
of the board with respect to the matter addressed in the	52565
agreement. If the board refuses to ratify a consent agreement, the	52566
admissions and findings contained in the consent agreement shall	52567
be of no force or effect.	52568

A telephone conference call may be utilized for ratification	52569
of a consent agreement that revokes or suspends an individual's	52570
certificate to practice. The telephone conference call shall be	52571
considered a special meeting under division (F) of section 121.22	52572
of the Revised Code.	52573

If the board takes disciplinary action against an individual	52574
under division (B) of this section for a second or subsequent plea	52575
of guilty to, or judicial finding of guilt of, a violation of	52576
section 2919.123 of the Revised Code, the disciplinary action	52577
shall consist of a suspension of the individual's certificate to	52578
practice for a period of at least one year or, if determined	52579
appropriate by the board, a more serious sanction involving the	52580
individual's certificate to practice. Any consent agreement	52581
entered into under this division with an individual that pertains	52582
to a second or subsequent plea of guilty to, or judicial finding	52583
of guilt of, a violation of that section shall provide for a	52584
suspension of the individual's certificate to practice for a	52585
period of at least one year or, if determined appropriate by the	52586
board, a more serious sanction involving the individual's	52587
certificate to practice.	52588

(D) For purposes of divisions (B)(10), (12), and (14) of this	52589
section, the commission of the act may be established by a finding	52590
by the board, pursuant to an adjudication under Chapter 119. of	52591
the Revised Code, that the individual committed the act. The board	52592
does not have jurisdiction under those divisions if the trial	52593
court renders a final judgment in the individual's favor and that	52594
judgment is based upon an adjudication on the merits. The board	52595
has jurisdiction under those divisions if the trial court issues	52596
an order of dismissal upon technical or procedural grounds.	52597

(E) The sealing of conviction records by any court shall have	52598
no effect upon a prior board order entered under this section or	52599
upon the board's jurisdiction to take action under this section	52600
if, based upon a plea of guilty, a judicial finding of guilt, or a	52601
judicial finding of eligibility for intervention in lieu of	52602
conviction, the board issued a notice of opportunity for a hearing	52603
prior to the court's order to seal the records. The board shall	52604
not be required to seal, destroy, redact, or otherwise modify its	52605
records to reflect the court's sealing of conviction records.	52606

(F)(1) The board shall investigate evidence that appears to	52607
show that a person has violated any provision of this chapter or	52608
any rule adopted under it. Any person may report to the board in a	52609
signed writing any information that the person may have that	52610
appears to show a violation of any provision of this chapter or	52611
any rule adopted under it. In the absence of bad faith, any person	52612
who reports information of that nature or who testifies before the	52613
board in any adjudication conducted under Chapter 119. of the	52614
Revised Code shall not be liable in damages in a civil action as a	52615
result of the report or testimony. Each complaint or allegation of	52616
a violation received by the board shall be assigned a case number	52617
and shall be recorded by the board.	52618

(2) Investigations of alleged violations of this chapter or	52619
any rule adopted under it shall be supervised by the supervising	52620
member elected by the board in accordance with section 4731.02 of	52621
the Revised Code and by the secretary as provided in section	52622
4731.39 of the Revised Code. The president may designate another	52623
member of the board to supervise the investigation in place of the	52624
supervising member. No member of the board who supervises the	52625
investigation of a case shall participate in further adjudication	52626
of the case.	52627

(3) In investigating a possible violation of this chapter or	52628
any rule adopted under this chapter, the board may administer	52629
oaths, order the taking of depositions, inspect and copy any	52630
books, accounts, papers, records, or documents, issue subpoenas,	52631
and compel the attendance of witnesses and production of books,	52632
accounts, papers, records, documents, and testimony, except that a	52633
subpoena for patient record information shall not be issued	52634
without consultation with the attorney general's office and	52635
approval of the secretary and supervising member of the board.	52636
Before issuance of a subpoena for patient record information, the	52637
secretary and supervising member shall determine whether there is	52638
probable cause to believe that the complaint filed alleges a	52639
violation of this chapter or any rule adopted under it and that	52640
the records sought are relevant to the alleged violation and	52641
material to the investigation. The subpoena may apply only to	52642
records that cover a reasonable period of time surrounding the	52643
alleged violation.	52644

On failure to comply with any subpoena issued by the board	52645
and after reasonable notice to the person being subpoenaed, the	52646
board may move for an order compelling the production of persons	52647
or records pursuant to the Rules of Civil Procedure.	52648

A subpoena issued by the board may be served by a sheriff,	52649
the sheriff's deputy, or a board employee designated by the board.	52650
Service of a subpoena issued by the board may be made by	52651
delivering a copy of the subpoena to the person named therein,	52652
reading it to the person, or leaving it at the person's usual	52653
place of residence. When the person being served is a person whose	52654
practice is authorized by this chapter, service of the subpoena	52655
may be made by certified mail, restricted delivery, return receipt	52656
requested, and the subpoena shall be deemed served on the date	52657
delivery is made or the date the person refuses to accept	52658
delivery.	52659

A sheriff's deputy who serves a subpoena shall receive the	52660
same fees as a sheriff. Each witness who appears before the board	52661
in obedience to a subpoena shall receive the fees and mileage	52662
provided for under section 119.094 of the Revised Code.	52663

(4) All hearings and investigations of the board shall be	52664
considered civil actions for the purposes of section 2305.252 of	52665
the Revised Code.	52666

(5) Information received by the board pursuant to an	52667
investigation is confidential and not subject to discovery in any	52668
civil action.	52669

The board shall conduct all investigations and proceedings in	52670
a manner that protects the confidentiality of patients and persons	52671
who file complaints with the board. The board shall not make	52672
public the names or any other identifying information about	52673
patients or complainants unless proper consent is given or, in the	52674
case of a patient, a waiver of the patient privilege exists under	52675
division (B) of section 2317.02 of the Revised Code, except that	52676
consent or a waiver of that nature is not required if the board	52677
possesses reliable and substantial evidence that no bona fide	52678
physician-patient relationship exists.	52679

The board may share any information it receives pursuant to	52680
an investigation, including patient records and patient record	52681
information, with law enforcement agencies, other licensing	52682
boards, and other governmental agencies that are prosecuting,	52683
adjudicating, or investigating alleged violations of statutes or	52684
administrative rules. An agency or board that receives the	52685
information shall comply with the same requirements regarding	52686
confidentiality as those with which the state medical board must	52687
comply, notwithstanding any conflicting provision of the Revised	52688
Code or procedure of the agency or board that applies when it is	52689
dealing with other information in its possession. In a judicial	52690
proceeding, the information may be admitted into evidence only in	52691
accordance with the Rules of Evidence, but the court shall require	52692
that appropriate measures are taken to ensure that confidentiality	52693
is maintained with respect to any part of the information that	52694
contains names or other identifying information about patients or	52695
complainants whose confidentiality was protected by the state	52696
medical board when the information was in the board's possession.	52697
Measures to ensure confidentiality that may be taken by the court	52698
include sealing its records or deleting specific information from	52699
its records.	52700

(6) On a quarterly basis, the board shall prepare a report	52701
that documents the disposition of all cases during the preceding	52702
three months. The report shall contain the following information	52703
for each case with which the board has completed its activities:	52704

(a) The case number assigned to the complaint or alleged	52705
violation;	52706

(b) The type of certificate to practice, if any, held by the	52707
individual against whom the complaint is directed;	52708

(c) A description of the allegations contained in the	52709
complaint;	52710

(d) The disposition of the case.

52711

The report shall state how many cases are still pending and	52712
shall be prepared in a manner that protects the identity of each	52713
person involved in each case. The report shall be a public record	52714
under section 149.43 of the Revised Code.	52715

(G) If the secretary and supervising member determine both of	52716
the following, they may recommend that the board suspend an	52717
individual's certificate to practice without a prior hearing:	52718

(1) That there is clear and convincing evidence that an	52719
individual has violated division (B) of this section;	52720

(2) That the individual's continued practice presents a	52721
danger of immediate and serious harm to the public.	52722

Written allegations shall be prepared for consideration by	52723
the board. The board, upon review of those allegations and by an	52724
affirmative vote of not fewer than six of its members, excluding	52725
the secretary and supervising member, may suspend a certificate	52726
without a prior hearing. A telephone conference call may be	52727
utilized for reviewing the allegations and taking the vote on the	52728
summary suspension.	52729

The board shall issue a written order of suspension by	52730
certified mail or in person in accordance with section 119.07 of	52731
the Revised Code. The order shall not be subject to suspension by	52732
the court during pendency of any appeal filed under section 119.12	52733
of the Revised Code. If the individual subject to the summary	52734
suspension requests an adjudicatory hearing by the board, the date	52735
set for the hearing shall be within fifteen days, but not earlier	52736
than seven days, after the individual requests the hearing, unless	52737
otherwise agreed to by both the board and the individual.	52738

Any summary suspension imposed under this division shall	52739
remain in effect, unless reversed on appeal, until a final	52740
adjudicative order issued by the board pursuant to this section	52741
and Chapter 119. of the Revised Code becomes effective. The board	52742
shall issue its final adjudicative order within seventy-five days	52743
after completion of its hearing. A failure to issue the order	52744
within seventy-five days shall result in dissolution of the	52745
summary suspension order but shall not invalidate any subsequent,	52746
final adjudicative order.	52747

(H) If the board takes action under division (B)(9), (11), or	52748
(13) of this section and the judicial finding of guilt, guilty	52749
plea, or judicial finding of eligibility for intervention in lieu	52750
of conviction is overturned on appeal, upon exhaustion of the	52751
criminal appeal, a petition for reconsideration of the order may	52752
be filed with the board along with appropriate court documents.	52753
Upon receipt of a petition of that nature and supporting court	52754
documents, the board shall reinstate the individual's certificate	52755
to practice. The board may then hold an adjudication under Chapter	52756
119. of the Revised Code to determine whether the individual	52757
committed the act in question. Notice of an opportunity for a	52758
hearing shall be given in accordance with Chapter 119. of the	52759
Revised Code. If the board finds, pursuant to an adjudication held	52760
under this division, that the individual committed the act or if	52761
no hearing is requested, the board may order any of the sanctions	52762
identified under division (B) of this section.	52763

(I) The certificate to practice issued to an individual under	52764
this chapter and the individual's practice in this state are	52765
automatically suspended as of the date of the individual's second	52766
or subsequent plea of guilty to, or judicial finding of guilt of,	52767
a violation of section 2919.123 of the Revised Code, or the date	52768
the individual pleads guilty to, is found by a judge or jury to be	52769
guilty of, or is subject to a judicial finding of eligibility for	52770
intervention in lieu of conviction in this state or treatment or	52771
intervention in lieu of conviction in another jurisdiction for any	52772
of the following criminal offenses in this state or a	52773
substantially equivalent criminal offense in another jurisdiction:	52774
aggravated murder, murder, voluntary manslaughter, felonious	52775
assault, kidnapping, rape, sexual battery, gross sexual	52776
imposition, aggravated arson, aggravated robbery, or aggravated	52777
burglary. Continued practice after suspension shall be considered	52778
practicing without a certificate.	52779

The board shall notify the individual subject to the	52780
suspension by certified mail or in person in accordance with	52781
section 119.07 of the Revised Code. If an individual whose	52782
certificate is automatically suspended under this division fails	52783
to make a timely request for an adjudication under Chapter 119. of	52784
the Revised Code, the board shall do whichever of the following is	52785
applicable:	52786

(1) If the automatic suspension under this division is for a	52787
second or subsequent plea of guilty to, or judicial finding of	52788
guilt of, a violation of section 2919.123 of the Revised Code, the	52789
board shall enter an order suspending the individual's certificate	52790
to practice for a period of at least one year or, if determined	52791
appropriate by the board, imposing a more serious sanction	52792
involving the individual's certificate to practice.	52793

(2) In all circumstances in which division (I)(1) of this	52794
section does not apply, enter a final order permanently revoking	52795
the individual's certificate to practice.	52796

(J) If the board is required by Chapter 119. of the Revised	52797
Code to give notice of an opportunity for a hearing and if the	52798
individual subject to the notice does not timely request a hearing	52799
in accordance with section 119.07 of the Revised Code, the board	52800
is not required to hold a hearing, but may adopt, by an	52801
affirmative vote of not fewer than six of its members, a final	52802
order that contains the board's findings. In that final order, the	52803
board may order any of the sanctions identified under division (A)	52804
or (B) of this section.	52805

(K) Any action taken by the board under division (B) of this	52806
section resulting in a suspension from practice shall be	52807
accompanied by a written statement of the conditions under which	52808
the individual's certificate to practice may be reinstated. The	52809
board shall adopt rules governing conditions to be imposed for	52810
reinstatement. Reinstatement of a certificate suspended pursuant	52811
to division (B) of this section requires an affirmative vote of	52812
not fewer than six members of the board.	52813

(L) When the board refuses to grant a certificate to an	52814
applicant, revokes an individual's certificate to practice,	52815
refuses to register an applicant, or refuses to reinstate an	52816
individual's certificate to practice, the board may specify that	52817
its action is permanent. An individual subject to a permanent	52818
action taken by the board is forever thereafter ineligible to hold	52819
a certificate to practice and the board shall not accept an	52820
application for reinstatement of the certificate or for issuance	52821
of a new certificate.	52822

(M) Notwithstanding any other provision of the Revised Code,	52823
all of the following apply:	52824

(1) The surrender of a certificate issued under this chapter	52825
shall not be effective unless or until accepted by the board. A	52826
telephone conference call may be utilized for acceptance of the	52827
surrender of an individual's certificate to practice. The	52828
telephone conference call shall be considered a special meeting	52829
under division (F) of section 121.22 of the Revised Code.	52830
Reinstatement of a certificate surrendered to the board requires	52831
an affirmative vote of not fewer than six members of the board.	52832

(2) An application for a certificate made under the	52833
provisions of this chapter may not be withdrawn without approval	52834
of the board.	52835

(3) Failure by an individual to renew a certificate of	52836
registration in accordance with this chapter shall not remove or	52837
limit the board's jurisdiction to take any disciplinary action	52838
under this section against the individual.	52839

(N) Sanctions shall not be imposed under division (B)(28) of	52840
this section against any person who waives deductibles and	52841
copayments as follows:	52842

(1) In compliance with the health benefit plan that expressly	52843
allows such a practice. Waiver of the deductibles or copayments	52844
shall be made only with the full knowledge and consent of the plan	52845
purchaser, payer, and third-party administrator. Documentation of	52846
the consent shall be made available to the board upon request.	52847

(2) For professional services rendered to any other person	52848
authorized to practice pursuant to this chapter, to the extent	52849
allowed by this chapter and rules adopted by the board.	52850

(O) Under the board's investigative duties described in this	52851
section and subject to division (F) of this section, the board	52852
shall develop and implement a quality intervention program	52853
designed to improve through remedial education the clinical and	52854
communication skills of individuals authorized under this chapter	52855
to practice medicine and surgery, osteopathic medicine and	52856
surgery, and podiatric medicine and surgery. In developing and	52857
implementing the quality intervention program, the board may do	52858
all of the following:	52859

(1) Offer in appropriate cases as determined by the board an	52860
educational and assessment program pursuant to an investigation	52861
the board conducts under this section;	52862

(2) Select providers of educational and assessment services,	52863
including a quality intervention program panel of case reviewers;	52864

(3) Make referrals to educational and assessment service	52865
providers and approve individual educational programs recommended	52866
by those providers. The board shall monitor the progress of each	52867
individual undertaking a recommended individual educational	52868
program.	52869

(4) Determine what constitutes successful completion of an	52870
individual educational program and require further monitoring of	52871
the individual who completed the program or other action that the	52872
board determines to be appropriate;	52873

(5) Adopt rules in accordance with Chapter 119. of the	52874
Revised Code to further implement the quality intervention	52875
program.	52876

An individual who participates in an individual educational	52877
program pursuant to this division shall pay the financial	52878
obligations arising from that educational program.	52879

Sec. 4731.297. (A) As used in this section:

52880

(1) "Academic medical center" means a medical school and its	52881
affiliated teaching hospitals and clinics partnering to do all of	52882
the following:	52883

(a) Provide the highest quality of patient care from expert	52884
physicians;	52885

(b) Conduct groundbreaking research leading to medical	52886
advancements for current and future patients;	52887

(c) Provide medical education and graduate medical education	52888
to educate and train physicians.	52889

(2) "Affiliated physician group practice" means a medical	52890
practice that consists of one or more physicians authorized under	52891
this chapter to practice medicine and surgery or osteopathic	52892
medicine and surgery and that is affiliated with an academic	52893
medical center to further the objectives described in divisions	52894
(A)(1)(a) to (c) of this section.	52895

(B) The state medical board shall issue, without examination,	52896
to an applicant who meets the requirements of this section a	52897
certificate of conceded eminence authorizing the practice of	52898
medicine and surgery or osteopathic medicine and surgery as part	52899
of the applicant's employment with an academic medical center in	52900
this state or affiliated physician group practice in this state.	52901

(C) To be eligible for a certificate of conceded eminence, an	52902
applicant shall provide to the board all of the following:	52903

(1) Evidence satisfactory to the board of all of the	52904
following:	52905

(a) That the applicant is an international medical graduate	52906
who holds a medical degree from an educational institution listed	52907
in the international medical education directory;	52908

(b) That the applicant has been appointed to serve in this	52909
state as a full-time faculty member of a medical school accredited	52910
by the liaison committee on medical education or an osteopathic	52911
medical school accredited by the American osteopathic association;	52912

(c) That the applicant has accepted an offer of employment	52913
with an academic medical center in this state or affiliated	52914
physician group practice in this state;	52915

(d) That the applicant holds a license in good standing in	52916
another state or country authorizing the practice of medicine and	52917
surgery or osteopathic medicine and surgery;	52918

(e) That the applicant has unique talents and extraordinary	52919
abilities not generally found within the applicant's specialty, as	52920
demonstrated by satisfying at least four of the following:	52921

(i) The applicant has achieved educational qualifications	52922
beyond those that are required for entry into the applicant's	52923
specialty, including advanced degrees, special certifications, or	52924
other academic credentials.	52925

(ii) The applicant has written multiple articles in journals	52926
listed in the index medicus or an equivalent scholarly publication	52927
acceptable to the board.	52928

(iii) The applicant has a sustained record of excellence in	52929
original research, at least some of which involves serving as the	52930
principal investigator or co-principal investigator for a research	52931
project.	52932

(iv) The applicant has received nationally or internationally	52933
recognized prizes or awards for excellence.	52934

(v) The applicant has participated in peer review in a field	52935
of specialization that is the same as or similar to the	52936
applicant's specialty.	52937

(vi) The applicant has developed new procedures or treatments	52938
for complex medical problems that are recognized by peers as a	52939
significant advancement in the applicable field of medicine.	52940

(vii) The applicant has held previous academic appointments	52941
with or been employed by a health care organization that has a	52942
distinguished national or international reputation.	52943

(viii) The applicant has been the recipient of a national	52944
institutes of health or other competitive grant award.	52945

(f) That the applicant has received staff membership or	52946
professional privileges from the academic medical center pursuant	52947
to standards adopted under section 3701.351 of the Revised Code on	52948
a basis that requires the applicant's medical education and	52949
graduate medical education to be at least equivalent to that of a	52950
physician educated and trained in the United States;	52951

(g) That the applicant has sufficient written and oral	52952
English skills to communicate effectively and reliably with	52953
patients, their families, and other medical professionals;	52954

(h) That the applicant will have professional liability	52955
insurance through the applicant's employment with the academic	52956
medical center or affiliated physician group practice.	52957

(2) An affidavit from the applicant agreeing to practice only	52958
within the clinical setting of the academic medical center or for	52959
the affiliated physician group practice;	52960

(3) Three letters of reference from distinguished experts in	52961
the applicant's specialty attesting to the unique capabilities of	52962
the applicant, at least one of which must be from outside the	52963
academic medical center or affiliated physician group practice;	52964

(4) An affidavit from the dean of the medical school where	52965
the applicant has been appointed to serve as a faculty member	52966
stating that the applicant meets all of the requirements of	52967
division (C)(1) of this section and that the letters of reference	52968
submitted under division (C)(3) of this section are from	52969
distinguished experts in the applicant's specialty, and	52970
documentation to support the affidavit;	52971

(5) A fee of one thousand dollars for the certificate.

52972

(D)(1) The holder of a certificate of conceded eminence may	52973
practice medicine and surgery or osteopathic medicine and surgery	52974
only within the clinical setting of the academic medical center	52975
with which the certificate holder is employed or for the	52976
affiliated physician group practice with which the certificate	52977
holder is employed.	52978

(2) A certificate holder may supervise medical students,	52979
physicians participating in graduate medical education, advanced	52980
practice nurses, and physician assistants when performing clinical	52981
services in the certificate holder's area of specialty.	52982

(E) The board may revoke a certificate issued under this	52983
section on receiving proof satisfactory to the board that the	52984
certificate holder has engaged in practice in this state outside	52985
the scope of the certificate or that there are grounds for action	52986
against the certificate holder under section 4731.22 of the	52987
Revised Code.	52988

(F) A certificate of conceded eminence is valid for the	52989
shorter of two years or the duration of the certificate holder's	52990
employment with the academic medical center or affiliated	52991
physician group practice. The certificate ceases to be valid if	52992
the holder resigns or is otherwiseterminated from the academic	52993
medical center or affiliated physician group practice.	52994

(G) A certificate of conceded eminence may be renewed for an	52995
additional two-year period. There is no limit on the number of	52996
times a certificate may be renewed. A person seeking renewal of a	52997
certificate shall apply to the board and is eligible for renewal	52998
if the applicant does all of the following:	52999

(1) Pays the renewal fee of one thousand dollars;

53000

(2) Provides to the board an affidavit and supporting	53001
documentation from the academic medical center or affiliated	53002
physician group practice of all of the following:	53003

(a) That the applicant's initial appointment to the medical	53004
faculty is still valid or has been renewed;	53005

(b) That the applicant's clinical practice is consistent with	53006
the established standards in the field;	53007

(c) That the applicant has demonstrated continued scholarly	53008
achievement;	53009

(d) That the applicant has demonstrated continued	53010
professional achievement consistent with the academic medical	53011
center's requirements, established pursuant to standards adopted	53012
under section 3701.351 of the Revised Code, for physicians with	53013
staff membership or professional privileges with the academic	53014
medical center.	53015

(3) Satisfies the same continuing medical education	53016
requirements set forth in section 4731.281 of the Revised Code	53017
that apply to a person who holds a certificate to practice	53018
medicine and surgery or osteopathic medicine and surgery issued	53019
under this chapter.	53020

(4) Complies with any other requirements established by the	53021
board.	53022

(H) The board may adopt any rules it considers necessary to	53023
implement this section. The rules shall be adopted in accordance	53024
with Chapter 119. of the Revised Code.	53025

Sec. 4735.01. As used in this chapter:

53026

(A) "Real estate broker" includes any person, partnership,	53027
association, limited liability company, limited liability	53028
partnership, or corporation, foreign or domestic, who for another,	53029
whether pursuant to a power of attorney or otherwise, and who for	53030
a fee, commission, or other valuable consideration, or with the	53031
intention, or in the expectation, or upon the promise of receiving	53032
or collecting a fee, commission, or other valuable consideration	53033
does any of the following:	53034

(1) Sells, exchanges, purchases, rents, or leases, or	53035
negotiates the sale, exchange, purchase, rental, or leasing of any	53036
real estate;	53037

(2) Offers, attempts, or agrees to negotiate the sale,	53038
exchange, purchase, rental, or leasing of any real estate;	53039

(3) Lists, or offers, attempts, or agrees to list, or	53040
auctions, or offers, attempts, or agrees to auction, any real	53041
estate;	53042

(4) Buys or offers to buy, sells or offers to sell, or	53043
otherwise deals in options on real estate;	53044

(5) Operates, manages, or rents, or offers or attempts to	53045
operate, manage, or rent, other than as custodian, caretaker, or	53046
janitor, any building or portions of buildings to the public as	53047
tenants;	53048

(6) Advertises or holds self out as engaged in the business	53049
of selling, exchanging, purchasing, renting, or leasing real	53050
estate;	53051

(7) Directs or assists in the procuring of prospects or the	53052
negotiation of any transaction, other than mortgage financing,	53053
which does or is calculated to result in the sale, exchange,	53054
leasing, or renting of any real estate;	53055

(8) Is engaged in the business of charging an advance fee or	53056
contracting for collection of a fee in connection with any	53057
contract whereby the broker undertakes primarily to promote the	53058
sale, exchange, purchase, rental, or leasing of real estate	53059
through its listing in a publication issued primarily for such	53060
purpose, or for referral of information concerning such real	53061
estate to brokers, or both, except that this division does not	53062
apply to a publisher of listings or compilations of sales of real	53063
estate by their owners;	53064

(9) Collects rental information for purposes of referring	53065
prospective tenants to rental units or locations of such units and	53066
charges the prospective tenants a fee.	53067

(B) "Real estate" includes leaseholds as well as any and	53068
every interest or estate in land situated in this state, whether	53069
corporeal or incorporeal, whether freehold or nonfreehold, and the	53070
improvements on the land, but does not include cemetery interment	53071
rights.	53072

(C) "Real estate salesperson" means any person associated	53073
with a licensed real estate broker to do or to deal in any acts or	53074
transactions set out or comprehended by the definition of a real	53075
estate broker, for compensation or otherwise.	53076

(D) "Institution of higher education" means either of the	53077
following:	53078

(1) A nonprofit institution as defined in section 1713.01 of	53079
the Revised Code that actually awards, rather than intends to	53080
award, degrees for fulfilling requirements of academic work beyond	53081
high school;	53082

(2) An institution operated for profit that otherwise	53083
qualifies under the definition of an institution in section	53084
1713.01 of the Revised Code and that actually awards, rather than	53085
intends to award, degrees for fulfilling requirements of academic	53086
work beyond high school.	53087

(E) "Foreign real estate" means real estate not situated in	53088
this state and any interest in real estate not situated in this	53089
state.	53090

(F) "Foreign real estate dealer" includes any person,	53091
partnership, association, limited liability company, limited	53092
liability partnership, or corporation, foreign or domestic, who	53093
for another, whether pursuant to a power of attorney or otherwise,	53094
and who for a fee, commission, or other valuable consideration, or	53095
with the intention, or in the expectation, or upon the promise of	53096
receiving or collecting a fee, commission, or other valuable	53097
consideration, does or deals in any act or transaction specified	53098
or comprehended in division (A) of this section with respect to	53099
foreign real estate.	53100

(G) "Foreign real estate salesperson" means any person	53101
associated with a licensed foreign real estate dealer to do or	53102
deal in any act or transaction specified or comprehended in	53103
division (A) of this section with respect to foreign real estate,	53104
for compensation or otherwise.	53105

(H) Any person, partnership, association, limited liability	53106
company, limited liability partnership, or corporation, who, for	53107
another, in consideration of compensation, by fee, commission,	53108
salary, or otherwise, or with the intention, in the expectation,	53109
or upon the promise of receiving or collecting a fee, does, or	53110
offers, attempts, or agrees to engage in, any single act or	53111
transaction contained in the definition of a real estate broker,	53112
whether an act is an incidental part of a transaction, or the	53113
entire transaction, shall be constituted a real estate broker or	53114
real estate salesperson under this chapter.	53115

(I)(1) The terms "real estate broker," "real estate	53116
salesperson," "foreign real estate dealer," and "foreign real	53117
estate salesperson" do not include a person, partnership,	53118
association, limited liability company, limited liability	53119
partnership, or corporation, or the regular employees thereof, who	53120
perform any of the acts or transactions specified or comprehended	53121
in division (A) of this section, whether or not for, or with the	53122
intention, in expectation, or upon the promise of receiving or	53123
collecting a fee, commission, or other valuable consideration:	53124

(a) With reference to real estate situated in this state	53125
owned by such person, partnership, association, limited liability	53126
company, limited liability partnership, or corporation, or	53127
acquired on its own account in the regular course of, or as an	53128
incident to the management of the property and the investment in	53129
it;	53130

(b) As receiver or trustee in bankruptcy, as guardian,	53131
executor, administrator, trustee, assignee, commissioner, or any	53132
person doing the things mentioned in this section, under authority	53133
or appointment of, or incident to a proceeding in, any court, or	53134
as a bona fide public officer, or as executor, trustee, or other	53135
bona fide fiduciary under any trust agreement, deed of trust,	53136
will, or other instrument that has been executed in good faith	53137
creating a like bona fide fiduciary obligation;	53138

(c) As a public officer while performing the officer's	53139
official duties;	53140

(d) As an attorney at law in the performance of the	53141
attorney's duties;	53142

(e) As a person who engages in the brokering of the sale of	53143
business assets, not including the sale, lease, exchange, or	53144
assignment of any interest in real estate;	53145

(f) As a person who engages in the sale of manufactured homes	53146
as defined in division (C)(4) of section 3781.06 of the Revised	53147
Code, or of mobile homes as defined in division (O) of section	53148
4501.01 of the Revised Code, provided the sale does not include	53149
the negotiation, sale, lease, exchange, or assignment of any	53150
interest in real estate;	53151

(g) As a person who engages in the sale of commercial real	53152
estate pursuant to the requirements of section 4735.022 of the	53153
Revised Code.	53154

(2) A person, partnership, association, limited liability	53155
company, limited liability partnership, or corporation exempt	53156
under division (I)(1)(a) of this section shall be limited by the	53157
legal interest in the real estate held by that person or entity to	53158
performing any of the acts or transactions specified in or	53159
comprehended by division (A) of this section.	53160

(J) "Disabled licensee" means a person licensed pursuant to	53161
this chapter who is under a severe disability which is of such a	53162
nature as to prevent the person from being able to attend any	53163
instruction lasting at least three hours in duration.	53164

(K) "Division of real estate" may be used interchangeably	53165
with, and for all purposes has the same meaning as, "division of	53166
real estate and professional licensing."	53167

(L) "Superintendent" or "superintendent of real estate" means	53168
the superintendent of the division of real estate and professional	53169
licensing of this state. Whenever the division or superintendent	53170
of real estate is referred to or designated in any statute, rule,	53171
contract, or other document, the reference or designation shall be	53172
deemed to refer to the division or superintendent of real estate	53173
and professional licensing, as the case may be.	53174

(M) "Inactive license" means the license status in which a	53175
salesperson's license is in the possession of the division,	53176
renewed as required under this chapter or rules adopted under this	53177
chapter, and not associated with a real estate broker.	53178

(N) "Broker's license on deposit" means the license status in	53179
which a broker's license is in the possession of the division of	53180
real estate and professional licensing and renewed as required	53181
under this chapter or rules adopted under this chapter.	53182

(O) "Suspended license" means the license status that	53183
prohibits a licensee from providing services that require a	53184
license under this chapter for a specified interval of time.	53185

(P) "Reactivate" means the process prescribed by the	53186
superintendent of real estate and professional licensing to remove	53187
a license from an inactive, ~~voluntary hold,~~ suspended, or broker's	53188
license on deposit status to allow a licensee to provide services	53189
that require a license under this chapter.	53190

(Q) "Revoked" means the license status in which the license	53191
is void and not eligible for reactivation.	53192

(R) "Commercial real estate" means any parcel of real estate	53193
in this state other than real estate containing one to four	53194
residential units. "Commercial real estate" does not include	53195
single-family residential units such as condominiums, townhouses,	53196
manufactured homes, or homes in a subdivision when sold, leased,	53197
or otherwise conveyed on a unit-by-unit basis, even when those	53198
units are a part of a larger building or parcel of real estate	53199
containing more than four residential units.	53200

(S) "Out-of-state commercial broker" includes any person,	53201
partnership, association, limited liability company, limited	53202
liability partnership, or corporation that is licensed to do	53203
business as a real estate broker in a jurisdiction other than	53204
Ohio.	53205

(T) "Out-of-state commercial salesperson" includes any person	53206
affiliated with an out-of-state commercial broker who is not	53207
licensed as a real estate salesperson in Ohio.	53208

(U) "Exclusive right to sell or lease listing agreement"	53209
means an agency agreement between a seller and broker that meets	53210
the requirements of section 4735.55 of the Revised Code and does	53211
both of the following:	53212

(1) Grants the broker the exclusive right to represent the	53213
seller in the sale or lease of the seller's property;	53214

(2) Provides the broker will be compensated if the broker,	53215
the seller, or any other person or entity produces a purchaser or	53216
tenant in accordance with the terms specified in the listing	53217
agreement or if the property is sold or leased during the term of	53218
the listing agreement to anyone other than to specifically	53219
exempted persons or entities.	53220

(V) "Exclusive agency agreement" means an agency agreement	53221
between a seller and broker that meets the requirements of section	53222
4735.55 of the Revised Code and does both of the following:	53223

(1) Grants the broker the exclusive right to represent the	53224
seller in the sale or lease of the seller's property;	53225

(2) Provides the broker will be compensated if the broker or	53226
any other person or entity produces a purchaser or tenant in	53227
accordance with the terms specified in the listing agreement or if	53228
the property is sold or leased during the term of the listing	53229
agreement, unless the property is sold or leased solely through	53230
the efforts of the seller or to the specifically exempted persons	53231
or entities.	53232

(W) "Exclusive purchaser agency agreement" means an agency	53233
agreement between a purchaser and broker that meets the	53234
requirements of section 4735.55 of the Revised Code and does both	53235
of the following:	53236

(1) Grants the broker the exclusive right to represent the	53237
purchaser in the purchase or lease of property;	53238

(2) Provides the broker will be compensated in accordance	53239
with the terms specified in the exclusive agency agreement or if a	53240
property is purchased or leased by the purchaser during the term	53241
of the agency agreement unless the property is specifically	53242
exempted in the agency agreement.	53243

The agreement may authorize the broker to receive	53244
compensation from the seller or the seller's agent and may provide	53245
that the purchaser is not obligated to compensate the broker if	53246
the property is purchased or leased solely through the efforts of	53247
the purchaser.	53248

(X) "Seller" means a party in a real estate transaction who	53249
is the potential transferor of property. "Seller" includes an	53250
owner of property who is seeking to sell the property and a	53251
landlord who is seeking to rent or lease property to another	53252
person.	53253

(Y) ~~"Voluntary hold" means the license status in which a~~	53254
~~license is in the possession of the division of real estate and~~	53255
~~professional licensing for a period of not more than twelve months~~	53256
~~pursuant to section 4735.142 of the Revised Code, is not renewed~~	53257
~~in accordance with the requirements specified in this chapter or~~	53258
~~the rules adopted pursuant to it, and is not associated with a~~	53259
~~real estate broker.~~	53260

~~(Z)~~ "Resigned" means the license status in which a license	53261
has been voluntarily and permanently surrendered to or is	53262
otherwise in the possession of the division of real estate and	53263
professional licensing, ismay not be renewed or reactivated in	53264
accordance with the requirements specified in this chapter or the	53265
rules adopted pursuant to it, and is not associated with a real	53266
estate broker.	53267

~~(AA)~~(Z) "Bona fide" means made in good faith or without	53268
purpose of circumventing license law.	53269

Sec. 4735.02. (A) Except as provided in section 4735.022 of	53270
the Revised Code, no person, partnership, association, limited	53271
liability company, limited liability partnership, or corporation	53272
shall act as a real estate broker or real estate salesperson, or	53273
advertise or assume to act as such, without first being licensed	53274
as provided in this chapter. No person, partnership, association,	53275
limited liability company, limited liability partnership, or	53276
corporation shall provide services that require a license under	53277
this chapter if the licensee's license is inactive, suspended,	53278
~~placed on voluntary hold,~~ resigned, or a broker's license on	53279
deposit, or if the license has been revoked. Nothing contained in	53280
this chapter shall be construed as authorizing a real estate	53281
broker or salesperson to perform any service constituting the	53282
practice of law.	53283

(B) No partnership, association, limited liability company,	53284
limited liability partnership, or corporation holding a real	53285
estate license shall employ as an officer, director, manager, or	53286
principal employee any person previously holding a license as a	53287
real estate broker, real estate salesperson, foreign real estate	53288
dealer, or foreign real estate salesperson, whose license has been	53289
placed in inactive~~, voluntary hold,~~ or resigned status, or is	53290
suspended, or revoked and who has not thereafter reactivated the	53291
license or received a new license.	53292

Sec. 4735.052. (A) Upon receipt of a written complaint or	53293
upon the superintendent's own motion, the superintendent may	53294
investigate any person that has allegedly violated section 4735.02	53295
or 4735.25 of the Revised Code, except that the superintendent	53296
shall not initiate an investigation, pursuant to this section, of	53297
any person who held a ~~license on voluntary hold or a~~ suspended or	53298
inactive license under this chapter on the date of the alleged	53299
violation.	53300

(B) If, after investigation, the superintendent determines	53301
there exists reasonable evidence of a violation of section 4735.02	53302
or 4735.25 of the Revised Code, within fourteen business days	53303
after that determination, the superintendent shall send the party	53304
who is the subject of the investigation, a written notice, by	53305
regular mail, that includes all of the following information:	53306

(1) A description of the activity in which the party	53307
allegedly is engaging or has engaged that is a violation of	53308
section 4735.02 or 4735.25 of the Revised Code;	53309

(2) The applicable law allegedly violated;

53310

(3) A statement informing the party that a hearing concerning	53311
the alleged violation will be held, upon the party's request,	53312
before a hearing examiner pursuant to Chapter 119. of the Revised	53313
Code.	53314

(C)(1) If a hearing is requested, the hearing examiner shall	53315
hear the testimony of all parties present at the hearing and	53316
consider any written testimony submitted pursuant to this section,	53317
and determine if there has been a violation of section 4735.02 or	53318
4735.25 of the Revised Code.	53319

(2) After the conclusion of formal hearings, the hearing	53320
examiner shall file a report of findings of fact and conclusions	53321
of law with the superintendent, the commission, the complainant,	53322
and the parties. Within twenty days of receipt of such copy of the	53323
written report of findings of fact and conclusions of law, the	53324
parties and the division may file with the commission written	53325
objections to the report, which shall be considered by the	53326
commission before approving, modifying, or disapproving the	53327
report.	53328

(3) The commission shall review the hearing examiner's report	53329
at the next regularly scheduled commission meeting held at least	53330
twenty business days after receipt of the hearing examiner's	53331
report. The commission shall hear the testimony of the complainant	53332
or the parties upon request.	53333

(4) The commission shall decide whether to impose	53334
disciplinary sanctions upon a party for a violation of section	53335
4735.02 of the Revised Code. If the commission finds that a	53336
violation has occurred, the commission may assess a civil penalty,	53337
in an amount it determines, not to exceed one thousand dollars per	53338
violation. Each day a violation occurs or continues is a separate	53339
violation. The commission shall determine the terms of payment.	53340
The commission shall maintain a record of the proceedings of the	53341
hearing and issue a written opinion to all parties, citing its	53342
findings and grounds for any action taken.	53343

(D) Civil penalties collected under this section shall be	53344
deposited in the real estate operating fund, which is created in	53345
the state treasury under section 4735.211 of the Revised Code.	53346

(E) If a party fails to pay a civil penalty assessed pursuant	53347
to this section within the time prescribed by the commission, the	53348
superintendent shall forward to the attorney general the name of	53349
the party and the amount of the civil penalty, for the purpose of	53350
collecting that civil penalty. In addition to the civil penalty	53351
assessed pursuant to this section, the party also shall pay any	53352
fee assessed by the attorney general for collection of the civil	53353
penalty.	53354

(F) The superintendent may reserve the right to bring a civil	53355
action against a party that fails to pay a civil penalty for	53356
breach of contract in a court of competent jurisdiction.	53357

Sec. 4735.10. (A)(1) The Ohio real estate commission may	53358
adopt reasonable rules in accordance with Chapter 119. of the	53359
Revised Code, necessary for implementing the provisions of this	53360
chapter relating, but not limited to, the following:	53361

(a) The form and manner of filing applications for licensure;

53362

(b) Times and form of examination for license;

53363

(c) Placing an existing broker's license on deposit or a	53364
salesperson's license on an inactive status for an indefinite	53365
period;	53366

(d) Specifying the process by which a licensee may ~~place~~	53367
resign the licensee's license ~~on voluntary hold or resigned~~	53368
~~status~~;	53369

(e) Defining any additional license status that the	53370
commission determines is necessary and that is not otherwise	53371
defined in this chapter and establishing the process by which a	53372
licensee places the licensee's license in a status defined by the	53373
commission in the rules the commission adopts;	53374

(f) Clarification of the activities that require a license	53375
under this chapter.	53376

(2) The commission shall adopt reasonable rules in accordance	53377
with Chapter 119. of the Revised Code, for implementing the	53378
provisions of this chapter relating to the following:	53379

(a) The issuance, renewal, suspension, and revocation of	53380
licenses, other sanctions that may be imposed for violations of	53381
this chapter, the conduct of hearings related to these actions,	53382
and the process of reactivating a license;	53383

(b) A three-year license and a three-year license renewal	53384
system;	53385

(c) Standards for the approval of the ten-hour postlicensure	53386
courses as required by division ~~(H)~~(G) of section 4735.07 and	53387
division (H) of section 4735.09 of the Revised Code, courses of	53388
study required for licenses, courses offered in preparation for	53389
license examinations, or courses required as continuing education	53390
for licenses.	53391

(d) Guidelines to ensure that continuing education classes	53392
are open to all persons licensed under this chapter. The rules	53393
shall specify that an organization that sponsors a continuing	53394
education class may offer its members a reasonable reduction in	53395
the fees charged for the class.	53396

(e) Requirements for trust accounts and property management	53397
accounts. The rules shall specify that:	53398

(i) Brokerages engaged in the management of property for	53399
another may, pursuant to a written contract with the property	53400
owner, exercise signatory authority for withdrawals from property	53401
management accounts maintained in the name of the property owner.	53402
The exercise of authority for withdrawals does not constitute a	53403
violation of any provision of division (A) of section 4735.18 of	53404
the Revised Code.	53405

(ii) The interest earned on property management trust	53406
accounts maintained in the name of the property owner or the	53407
broker shall be payable to the property owner unless otherwise	53408
specified in a written contract.	53409

(f) Notice of renewal forms and filing deadlines;

53410

(g) Special assessments under division (A) of section 4735.12	53411
of the Revised Code.	53412

(B) The commission may adopt rules in accordance with Chapter	53413
119. of the Revised Code establishing standards and guidelines	53414
with which the superintendent of real estate shall comply in the	53415
exercise of the following powers:	53416

(1) Appointment and recommendation of ancillary trustees	53417
under section 4735.05 of the Revised Code;	53418

(2) Rejection of names proposed to be used by partnerships,	53419
associations, limited liability companies, limited liability	53420
partnerships, and corporations, under division (A) of section	53421
4735.06 of the Revised Code;	53422

(3) Acceptance and rejection of applications to take the	53423
broker and salesperson examinations and licensure, with	53424
appropriate waivers pursuant to division (E) of section 4735.07	53425
and section 4735.09 of the Revised Code;	53426

(4) Approval of applications of brokers to place their	53427
licenses in an inactive status and to become salespersons under	53428
section 4735.13 of the Revised Code;	53429

(5) Appointment of hearing examiners under section 119.09 of	53430
the Revised Code;	53431

(6) Acceptance and rejection of applications to take the	53432
foreign real estate dealer and salesperson examinations and	53433
licensure, with waiver of examination, under sections 4735.27 and	53434
4735.28 of the Revised Code;	53435

(7) Qualification of foreign real estate under section	53436
4735.25 of the Revised Code.	53437

If at any time there is no rule in effect establishing a	53438
guideline or standard required by this division, the	53439
superintendent may adopt a rule in accordance with Chapter 119. of	53440
the Revised Code for such purpose.	53441

(C) The commission or superintendent may hear testimony in	53442
matters relating to the duties imposed upon them, and the	53443
president of the commission and superintendent may administer	53444
oaths. The commission or superintendent may require other proof of	53445
the honesty, truthfulness, and good reputation of any person named	53446
in an application for a real estate broker's or real estate	53447
salesperson's license before admitting the applicant to the	53448
examination or issuing a license.	53449

Sec. 4735.13. (A) Every real estate broker licensed under	53450
this chapter shall have and maintain a definite place of business	53451
in this state. A post office box address is not a definite place	53452
of business for purposes of this section. The license of a real	53453
estate broker shall be prominently displayed in the office or	53454
place of business of the broker, and no license shall authorize	53455
the licensee to do business except from the location specified in	53456
it. If the broker maintains more than one place of business within	53457
the state, the broker shall apply for and procure a duplicate	53458
license for each branch office maintained by the broker. Each	53459
branch office shall be in the charge of a licensed broker or	53460
salesperson. The branch office license shall be prominently	53461
displayed at the branch office location.	53462

(B) The license of each real estate salesperson shall be	53463
mailed to and remain in the possession of the licensed broker with	53464
whom the salesperson is or is to be associated until the licensee	53465
places the license on inactive~~, voluntary hold,~~ or resigned status	53466
or until the salesperson leaves the brokerage or is terminated.	53467
The broker shall keep each salesperson's license in a way that it	53468
can, and shall on request, be made immediately available for	53469
public inspection at the office or place of business of the	53470
broker. Except as provided in divisions (G) and (H) of this	53471
section, immediately upon the salesperson's leaving the	53472
association or termination of the association of a real estate	53473
salesperson with the broker, the broker shall return the	53474
salesperson's license to the superintendent of real estate.	53475

The failure of a broker to return the license of a real	53476
estate salesperson or broker who leaves or who is terminated, via	53477
certified mail return receipt requested, within three business	53478
days of the receipt of a written request from the superintendent	53479
for the return of the license, is prima-facie evidence of	53480
misconduct under division (A)(6) of section 4735.18 of the Revised	53481
Code.	53482

(C) ~~Any~~A licensee shall notify the superintendent in writing	53483
within fifteen days of any of the following occurrences:	53484

(1) The licensee is convicted of a felony.

53485

(2) The licensee is convicted of a crime involving moral	53486
turpitude.	53487

(3) The licensee is found to have violated any federal,	53488
state, or municipal civil rights law pertaining to discrimination	53489
in housing.	53490

(4) The licensee is found to have engaged in a discriminatory	53491
practice pertaining to housing accommodations described in	53492
division (H) of section 4112.02 of the Revised Code.	53493

(5) ~~The licensee is found to have violated any municipal~~	53494
~~civil rights law pertaining to housing discrimination.~~	53495

~~(6)~~ The licensee is the subject of an order by the department	53496
of commerce, the department of insurance, or the department of	53497
agriculture revoking or permanently surrendering any professional	53498
license, certificate, or registration.	53499

~~(7)~~(6) The licensee is the subject of an order by any	53500
government agency concerning real estate, financial matters, or	53501
the performance of fiduciary duties with respect to any license,	53502
certificate, or registration.	53503

If a licensee fails to notify the superintendent within the	53504
required time, the superintendent immediately may suspend the	53505
license of the licensee.	53506

Any court that convicts a licensee of a violation of any	53507
municipal civil rights law pertaining to housing discrimination	53508
also shall notify the Ohio civil rights commission within fifteen	53509
days of the conviction.	53510

(D) In case of any change of business location, a broker	53511
shall give notice to the superintendent, on a form prescribed by	53512
the superintendent, within thirty days after the change of	53513
location, whereupon the superintendent shall issue new licenses	53514
for the unexpired period without charge. If a broker changes a	53515
business location without giving the required notice and without	53516
receiving new licenses that action is prima-facie evidence of	53517
misconduct under division (A)(6) of section 4735.18 of the Revised	53518
Code.	53519

(E) If a real estate broker desires to associate with another	53520
real estate broker in the capacity of a real estate salesperson,	53521
the broker shall apply to the superintendent to deposit the	53522
broker's real estate broker's license with the superintendent and	53523
for the issuance of a real estate salesperson's license. The	53524
application shall be made on a form prescribed by the	53525
superintendent and shall be accompanied by the recommendation of	53526
the real estate broker with whom the applicant intends to become	53527
associated and a fee of twenty-five dollars for the real estate	53528
salesperson's license. One dollar of the fee shall be credited to	53529
the real estate education and research fund. If the superintendent	53530
is satisfied that the applicant is honest, truthful, and of good	53531
reputation, has not been convicted of a felony or a crime	53532
involving moral turpitude, and has not been finally adjudged by a	53533
court to have violated any municipal, state, or federal civil	53534
rights laws relevant to the protection of purchasers or sellers of	53535
real estate, and that the association of the real estate broker	53536
and the applicant will be in the public interest, the	53537
superintendent shall grant the application and issue a real estate	53538
salesperson's license to the applicant. Any license so deposited	53539
with the superintendent shall be subject to this chapter. A broker	53540
who intends to deposit the broker's license with the	53541
superintendent, as provided in this section, shall give written	53542
notice of this fact in a format prescribed by the superintendent	53543
to all salespersons associated with the broker when applying to	53544
place the broker's license on deposit.	53545

(F) If a real estate broker desires to become a member or	53546
officer of a partnership, association, limited liability company,	53547
limited liability partnership, or corporation that is or intends	53548
to become a licensed real estate broker, the broker shall notify	53549
the superintendent of the broker's intentions. The notice of	53550
intention shall be on a form prescribed by the superintendent and	53551
shall be accompanied by a fee of twenty-five dollars. One dollar	53552
of the fee shall be credited to the real estate education and	53553
research fund.	53554

A licensed real estate broker who is a member or officer of a	53555
partnership, association, limited liability company, limited	53556
liability partnership, or corporation shall only act as a real	53557
estate broker for such partnership, association, limited liability	53558
company, limited liability partnership, or corporation.	53559

(G) If a real estate broker or salesperson enters the armed	53560
forces, the broker or salesperson may place the broker's or	53561
salesperson's license on deposit with the Ohio real estate	53562
commission. The licensee shall not be required to renew the	53563
license until the renewal date that follows the date of discharge	53564
from the armed forces. Any license deposited with the commission	53565
shall be subject to this chapter. Any licensee whose license is on	53566
deposit under this division and who fails to meet the continuing	53567
education requirements of section 4735.141 of the Revised Code	53568
because the licensee is in the armed forces shall satisfy the	53569
commission that the licensee has complied with the continuing	53570
education requirements within twelve months of the licensee's	53571
first birthday after discharge. The superintendent shall notify	53572
the licensee of the licensee's obligations under section 4735.141	53573
of the Revised Code at the time the licensee applies for	53574
reactivation of the licensee's license.	53575

(H) If a licensed real estate salesperson submits an	53576
application to the superintendent to leave the association of one	53577
broker to associate with a different broker, the broker possessing	53578
the licensee's license need not return the salesperson's license	53579
to the superintendent. The superintendent may process the	53580
application regardless of whether the licensee's license is	53581
returned to the superintendent.	53582

Sec. 4735.14. (A) Each license issued under this chapter,	53583
shall be valid without further recommendation or examination until	53584
it is placed in an inactive~~, voluntary hold,~~ or resigned status,	53585
is revoked or suspended, or such license expires by operation of	53586
law.	53587

(B) Except for a licensee who has placed the licensee's	53588
license ~~on voluntary hold or~~in resigned status pursuant to	53589
section 4735.142 of the Revised Code, each licensed broker,	53590
brokerage, or salesperson shall file, on or before the date the	53591
Ohio real estate commission has adopted by rule for that licensee	53592
in accordance with division (A)(2)(f) of section 4735.10 of the	53593
Revised Code, a notice of renewal on a form prescribed by the	53594
superintendent of real estate. The notice of renewal shall be	53595
mailed by the superintendent two months prior to the filing	53596
deadline to the personal residence address of each broker or	53597
salesperson that is on file with the division. If the licensee is	53598
a partnership, association, limited liability company, limited	53599
liability partnership, or corporation, the notice of renewal shall	53600
be mailed by the superintendent two months prior to the filing	53601
deadline to the brokerage's business address on file with the	53602
division. A licensee shall not renew the licensee's license any	53603
earlier than two months prior to the filing deadline.	53604

(C) Except as otherwise provided in division (B) of this	53605
section, the license of any real estate broker, brokerage, or	53606
salesperson that fails to file a notice of renewal on or before	53607
the filing deadline of each ensuing year shall be suspended	53608
automatically without the taking of any action by the	53609
superintendent. A suspended license may be reactivated within	53610
twelve months of the date of suspension, provided that the renewal	53611
fee plus a penalty fee of fifty per cent of the renewal fee is	53612
paid to the superintendent. Failure to reactivate the license as	53613
provided in this division shall result in automatic revocation of	53614
the license without the taking of any action by the	53615
superintendent. No person, partnership, association, corporation,	53616
limited liability company, or limited partnership shall engage in	53617
any act or acts for which a real estate license is required while	53618
that entity's license is placed in an inactive~~, voluntary hold,~~ or	53619
resigned status, or is suspended, or revoked. The commission shall	53620
adopt rules in accordance with Chapter 119. of the Revised Code to	53621
provide to licensees notice of suspension or revocation or both.	53622

(D) Each licensee shall notify the ~~commission~~superintendent	53623
of a change in personal residence address. A licensee's failure to	53624
notify the ~~commission~~superintendent of a change in personal	53625
residence address does not negate the requirement to file the	53626
license renewal by the required deadline established by the	53627
commission by rule under division (A)(2)(f) of section 4735.10 of	53628
the Revised Code.	53629

(E) The superintendent shall not renew a license if the	53630
licensee fails to comply with section 4735.141 of the Revised Code	53631
or is otherwise not in compliance with this chapter.	53632

(F) The superintendent shall make notice of successful	53633
renewal available electronically to licensees as soon as	53634
practicable, but not later than thirty days after receipt by the	53635
division of a complete application and renewal fee. This notice	53636
shall serve as a notice of renewal for purposes of section 4745.02	53637
of the Revised Code.	53638

Sec. 4735.141. (A) Except as otherwise provided in this	53639
division and except for a licensee who has placed the licensee's	53640
license ~~on voluntary hold or~~in resigned status pursuant to	53641
section 4735.142 of the Revised Code, each person licensed under	53642
section 4735.07 or 4735.09 of the Revised Code shall submit proof	53643
satisfactory to the superintendent of real estate that the	53644
licensee has satisfactorily completed thirty hours of continuing	53645
education, as prescribed by the Ohio real estate commission	53646
pursuant to section 4735.10 of the Revised Code, on or before the	53647
licensee's birthday occurring three years after the licensee's	53648
date of initial licensure, and on or before the licensee's	53649
birthday every three years thereafter.	53650

Persons licensed as real estate salespersons who subsequently	53651
become licensed real estate brokers shall continue to submit proof	53652
of continuing education in accordance with the time period	53653
established in this section.	53654

The requirements of this section shall not apply to any	53655
disabled licensee as provided in division (E) of this section.	53656

Each licensee who is seventy years of age or older, within a	53657
continuing education reporting period, shall submit proof	53658
satisfactory to the superintendent of real estate that the	53659
licensee has satisfactorily completed a total of nine classroom	53660
hours of continuing education, including instruction in Ohio real	53661
estate law; recently enacted state and federal laws affecting the	53662
real estate industry; municipal, state, and federal civil rights	53663
law; and canons of ethics for the real estate industry as adopted	53664
by the commission. The required proof of completion shall be	53665
submitted on or before the licensee's birthday that falls in the	53666
third year of that continuing education reporting period. A	53667
licensee who is seventy years of age or older whose license is in	53668
an inactive status is exempt from the continuing education	53669
requirements specified in this section. The commission shall adopt	53670
reasonable rules in accordance with Chapter 119. of the Revised	53671
Code to carry out the purposes of this paragraph.	53672

(B) The continuing education requirements of this section	53673
shall be completed in schools, seminars, and educational	53674
institutions approved by the commission. Such approval shall be	53675
given according to rules established by the commission under the	53676
procedures of Chapter 119. of the Revised Code, and shall not be	53677
limited to institutions providing two-year or four-year degrees.	53678
Each school, seminar, or educational institution approved under	53679
this division shall be open to all licensees on an equal basis.	53680

(C) If the requirements of this section are not met by a	53681
licensee within the period specified, the licensee's license shall	53682
be suspended automatically without the taking of any action by the	53683
superintendent. The superintendent shall notify the licensee of	53684
the license suspension, and such notification shall be sent by	53685
regular mail to the personal residence address of the licensee	53686
that is on file with the division. Any license so suspended shall	53687
remain suspended until it is reactivated by the superintendent. No	53688
such license shall be reactivated until it is established, to the	53689
satisfaction of the superintendent, that the requirements of this	53690
section have been met. If the requirements of this section are not	53691
met within twelve months from the date the license was suspended,	53692
the license shall be revoked automatically without the taking of	53693
any action by the superintendent.	53694

(D) If the license of a real estate broker is suspended	53695
pursuant to division (C) of this section, the license of a real	53696
estate salesperson associated with that broker correspondingly is	53697
suspended pursuant to division (H) of section 4735.20 of the	53698
Revised Code. A sole broker shall notify affiliated salespersons	53699
of the suspension in writing within three days of receiving the	53700
notice required by division (C) of this section.	53701

(1) The suspended license of the associated real estate	53702
salesperson shall be reactivated and no fee shall be charged or	53703
collected for that reactivation if that broker subsequently	53704
submits proof to the superintendent that the broker has complied	53705
with the requirements of this section and requests that the	53706
broker's license as a real estate broker be reactivated, and the	53707
superintendent then reactivates the broker's license as a real	53708
estate broker.	53709

(2) If the real estate salesperson submits an application to	53710
leave the association of the suspended broker in order to	53711
associate with a different broker, the suspended license of the	53712
associated real estate salesperson shall be reactivated and no fee	53713
shall be charged or collected for that reactivation. The	53714
superintendent may process the application regardless of whether	53715
the licensee's license is returned to the superintendent.	53716

Any person whose license is reactivated pursuant to this	53717
division shall comply with the requirements of this section and	53718
otherwise be in compliance with this chapter.	53719

(E) Any licensee who is a disabled licensee at any time	53720
during the last three months of the third year of the licensee's	53721
continuing education reporting period may receive an extension of	53722
time as deemed appropriate by the superintendent to submit proof	53723
to the superintendent that the licensee has satisfactorily	53724
completed the required thirty hours of continuing education. To	53725
receive an extension of time, the licensee shall submit a request	53726
to the division of real estate for the extension and proof	53727
satisfactory to the commission that the licensee was a disabled	53728
licensee at some time during the last three months of the	53729
three-year reporting period. The proof shall include, but is not	53730
limited to, a signed statement by the licensee's attending	53731
physician describing the disability, certifying that the	53732
licensee's disability is of such a nature as to prevent the	53733
licensee from attending any instruction lasting at least three	53734
hours in duration, and stating the expected duration of the	53735
disability. The licensee shall request the extension and provide	53736
the physician's statement to the division no later than one month	53737
prior to the end of the licensee's three-year continuing education	53738
reporting period, unless the disability did not arise until the	53739
last month of the three-year reporting period, in which event the	53740
licensee shall request the extension and provide the physician's	53741
statement as soon as practical after the occurrence of the	53742
disability. A licensee granted an extension pursuant to this	53743
division who is no longer a disabled licensee and who submits	53744
proof of completion of the continuing education during the	53745
extension period, shall submit, for future continuing education	53746
reporting periods, proof of completion of the continuing education	53747
requirements according to the schedule established in division (A)	53748
of this section.	53749

(F) The superintendent shall not renew a license if the	53750
licensee fails to comply with this section, and the licensee shall	53751
be required to pay the penalty fee provided in section 4735.14 of	53752
the Revised Code.	53753

(G) A licensee shall submit proof of completion of the	53754
required continuing education with the licensee's notice of	53755
renewal. The proof shall be submitted in the manner provided by	53756
the superintendent.	53757

Sec. 4735.142. (A) Any person licensed under section 4735.07	53758
or 4735.09 of the Revised Code, at any time prior to the date the	53759
licensee is required to file a notice of renewal pursuant to	53760
division (B) of section 4735.14 of the Revised Code may apply to	53761
the superintendent of real estate and professional licensing to	53762
place the licensee's license ~~on voluntary hold or~~in a permanently	53763
resigned status.	53764

(B) ~~If the superintendent has placed a license on voluntary~~	53765
~~hold pursuant to a request made under division (A) of this~~	53766
~~section, the licensee who requested that the licensee's license be~~	53767
~~placed on voluntary hold may apply to the superintendent to~~	53768
~~reactivate that license within twelve months after the date the~~	53769
~~license is placed on voluntary hold. The superintendent shall~~	53770
~~reactivate that license if the licensee complies with the~~	53771
~~requirements for such reactivation that are specified in rules~~	53772
~~adopted by the Ohio real estate commission pursuant to division~~	53773
~~(A) of section 4735.10 of the Revised Code and satisfies all of~~	53774
~~the following requirements:~~	53775

~~(1) The licensee complies with the postlicensure education~~	53776
~~requirements specified in section 4735.07 or 4735.09 of the~~	53777
~~Revised Code, as applicable;~~	53778

~~(2) The licensee complies with the continuing education~~	53779
~~requirements specified in section 4735.141 of the Revised Code;~~	53780

~~(3) The licensee renews the licensee's license in accordance~~	53781
~~with section 4735.14 of the Revised Code and, if applicable, pays~~	53782
~~the annual brokerage assessment fee in accordance with the~~	53783
~~requirements specified in rules adopted by the commission.~~	53784

~~(C) If a licensee does not apply to reactivate a license on~~	53785
~~voluntary hold pursuant to division (B) of this section during the~~	53786
~~twelve-month time period specified in that division or does not~~	53787
~~satisfy the requirements specified in that division during that~~	53788
~~twelve-month period, the superintendent shall consider that~~	53789
~~license to be in a resigned status. The superintendent shall not~~	53790
~~reactivate a resigned license. The resignation of a license is~~	53791
~~considered to be final without the taking of any action by the~~	53792
~~superintendent. If a person whose license is in a resigned status~~	53793
~~pursuant to this division wishes to obtain an active license, the~~	53794
~~person shall apply for an active license in accordance with the~~	53795
~~requirements specified in section 4735.07 or 4735.09 of the~~	53796
~~Revised Code, as applicable.~~	53797

~~(D)~~ A licensee, at any time during which a license has been	53798
suspended pursuant to division (G) of section 4735.07, division	53799
(H) of section 4735.09, division (E) of section 4735.12, division	53800
(C) of section 4735.14, division (C) of section 4735.141, or	53801
section 4735.182 of the Revised Code, may apply to the	53802
superintendent on a form prescribed by the superintendent to	53803
~~voluntarily~~permanently resign the licensee's license voluntarily.	53804
The resignation of a license is considered to be final without the	53805
taking of any action by the superintendent. If	53806

(C) If a person whose license is in a permanently resigned	53807
status pursuant to a request made under this ~~division~~section	53808
wishes to obtain an active or inactive license, the person shall	53809
apply for such a license in accordance with the requirements	53810
specified in section 4735.07 or 4735.09 of the Revised Code, as	53811
applicable, or in the rules adopted by the commission pursuant to	53812
division (A) of section 4735.10 of the Revised Code.	53813

~~(E)~~(D) If placing a broker's license ~~on voluntary hold or~~in	53814
a permanently resigned status will result in the closure of the	53815
broker's brokerage, the broker, within three days after applying	53816
to the superintendent to place the license ~~on voluntary hold or~~in	53817
a permanently resigned status, shall provide to each salesperson	53818
associated with that broker a written notice stating that fact.	53819

~~(F)~~(E) This section does not apply to any licensee whose	53820
license has been suspended pursuant to division (F) of section	53821
4735.181 of the Revised Code or due to disciplinary action ordered	53822
by the commission pursuant to section 4735.051 of the Revised	53823
Code.	53824

Sec. 4735.74. Unless otherwise agreed in writing, a licensee	53825
owes no further duty to a client after performance of all duties	53826
or after any contract has terminated or expired, except for both	53827
of the following:	53828

(A) Providing the client with an accounting of all moneys and	53829
property relating to the transaction;	53830

(B) Keeping confidential all information received during the	53831
course of the transaction unless:	53832

(1) The client permits disclosure;

53833

(2) Disclosure is required by law or by court order;

53834

(3) The information becomes public from a source other than	53835
the licensee;	53836

(4) The information is necessary to prevent a crime the	53837
client intends to commit;	53838

(5) Disclosure is necessary to defend the brokerage or its	53839
licensees against an accusation of wrongful conduct or to	53840
establish or defend a claim that a commission is owed on a	53841
transaction.;	53842

(6) Disclosure is regarding sales information requested by a	53843
~~registered~~real estate appraiser assistant registered under	53844
Chapter 4763. of the Revised Code or a ~~licensed or certified~~real	53845
estate appraiser licensed or certified under Chapter 4763. of the	53846
Revised Code for the purposes of performing an appraisal. No cause	53847
of action shall arise on behalf of any person against a licensee	53848
for releasing information pursuant to this division.	53849

Sec. 4736.01. As used in this chapter:

53850

(A) "Environmental health science" means the aspect of public	53851
health science that includes, but is not limited to, the following	53852
bodies of knowledge: air quality, food quality and protection,	53853
hazardous and toxic substances, consumer product safety, housing,	53854
institutional health and safety, community noise control,	53855
radiation protection, recreational facilities, solid and liquid	53856
waste management, vector control, drinking water quality, milk	53857
sanitation, and rabies control.	53858

(B) "Sanitarian" means a person who performs for compensation	53859
educational, investigational, technical, or administrative duties	53860
requiring specialized knowledge and skills in the field of	53861
environmental health science.	53862

(C) "Registered sanitarian" means a person who is registered	53863
as a sanitarian in accordance with this chapter.	53864

(D) "Sanitarian-in-training" means a person who is registered	53865
as a sanitarian-in-training in accordance with this chapter.	53866

(E) "Practice of environmental health" means consultation,	53867
instruction, investigation, inspection, or evaluation by an	53868
employee of a city health district, a general health district, the	53869
environmental protection agency, the department of health, or the	53870
department of agriculture requiring specialized knowledge,	53871
training, and experience in the field of environmental health	53872
science, with the primary purpose of improving or conducting	53873
administration or enforcement under any of the following:	53874

(1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or	53875
3733. of the Revised Code;	53876

(2) Chapter 3734. of the Revised Code as it pertains to solid	53877
waste;	53878

(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections	53879
3707.38 to 3707.99, or section 3715.21 of the Revised Code;	53880

(4) Rules adopted under former section 3701.34 of the Revised	53881
Code pertaining to rabies control or swimming pools;	53882

(5) Rules adopted under section 3701.935 of the Revised Code	53883
for school health and safety network inspections and rules adopted	53884
under section 3707.26 of the Revised Code for sanitary	53885
inspections.	53886

"Practice of environmental health" does not include sampling,	53887
testing, controlling of vectors, reporting of observations, or	53888
other duties that do not require application of specialized	53889
knowledge and skills in environmental health science performed	53890
under the supervision of a registered sanitarian.	53891

The state board of sanitarian registration may further define	53892
environmental health science in relation to specific functions in	53893
the practice of environmental health through rules adopted by the	53894
board under Chapter 119. of the Revised Code.	53895

Sec. 4740.03. (A) The administrative section of the Ohio	53896
construction industry licensing board annually shall elect from	53897
among its members a chairperson and other officers as the board,	53898
by rule, designates. The chairperson shall preside over meetings	53899
of the administrative section or designate another member to	53900
preside in the chairperson's absence. The administrative section	53901
shall hold at least two regular meetings each year, but may meet	53902
at additional times as specified by rule, at the call of the	53903
chairperson, or upon the request of two or more members. A	53904
majority of the members of the administrative section constitutes	53905
a quorum for the transaction of all business. The administrative	53906
section may not take any action without the concurrence of at	53907
least three of its members.	53908

(B)(1) The administrative section shall employ a secretary,	53909
who is not a member of the board, to serve at the pleasure of the	53910
administrative section, and shall fix the compensation of the	53911
secretary. The secretary shall be in the unclassified civil	53912
service of the state.	53913

(2) The secretary shall do all of the following:

53914

(a) Keep or set standards for and delegate to another person	53915
the keeping of the minutes, books, and other records and files of	53916
the board and each section of the board;	53917

(b) Issue all licenses in the name of the board;

53918

(c) Send out all notices, including advance notices of	53919
meetings of the board and each section of the board, and attend to	53920
all correspondence of the board and each section of the board,	53921
under the direction of the administrative section;	53922

(d) Receive and deposit all fees payable pursuant to this	53923
chapter into the ~~labor~~industrial compliance operating fund	53924
created pursuant to section 121.084 of the Revised Code;	53925

(e) Perform all other duties incidental to the office of the	53926
secretary or properly assigned to the secretary by the	53927
administrative section of the board.	53928

(3) Before entering upon the discharge of the duties of the	53929
secretary, the secretary shall file with the treasurer of state a	53930
bond in the sum of five thousand dollars, payable to the state, to	53931
ensure the faithful performance of the secretary's duties. The	53932
board shall pay the premium of the bond in the same manner as it	53933
pays other expenditures of the board.	53934

(C) Upon the request of the administrative section of the	53935
board, the director of commerce shall supply the board and its	53936
sections with personnel, office space, and supplies, as the	53937
director determines appropriate. The administrative section of the	53938
board shall employ any additional staff it considers necessary and	53939
appropriate.	53940

(D) The chairperson of the board or the secretary, or both,	53941
as authorized by the board, shall approve all vouchers of the	53942
board.	53943

Sec. 4740.11. The Ohio construction industry licensing board	53944
and its sections shall deposit all receipts and fines collected	53945
under this chapter into the state treasury to the credit of the	53946
~~labor~~industrial compliance operating fund created in section	53947
121.084 of the Revised Code.	53948

Sec. 4740.14. (A) There is hereby created within the	53949
department of commerce the residential construction advisory	53950
committee consisting of nine persons the director of commerce	53951
appoints. The advisory committee shall be made up of the following	53952
members:	53953

(1) Three shall be general contractors who have recognized	53954
ability and experience in the construction of residential	53955
buildings.	53956

(2) Two shall be building officials who have experience	53957
administering and enforcing a residential building code.	53958

(3) One, chosen from a list of three names the Ohio fire	53959
chief's association submits, shall be from the fire service	53960
certified as a fire safety inspector who has at least ten years of	53961
experience enforcing fire or building codes.	53962

(4) One shall be a residential contractor who has recognized	53963
ability and experience in the remodeling and construction of	53964
residential buildings.	53965

(5) One shall be an architect registered pursuant to Chapter	53966
4703. of the Revised Code, with recognized ability and experience	53967
in the architecture of residential buildings.	53968

(6) One, chosen from a list of three names the Ohio municipal	53969
league submits to the director, shall be a mayor of a municipal	53970
corporation in which the Ohio residential building code is being	53971
enforced in the municipal corporation by a certified building	53972
department.	53973

(B) Terms of office shall be for three years, with each term	53974
ending on the date three years after the date of appointment. Each	53975
member shall hold office from the date of appointment until the	53976
end of the term for which the member was appointed. Vacancies	53977
shall be filled in the manner provided for initial appointments.	53978
Any member appointed to fill a vacancy in an unexpired term shall	53979
hold office for the remainder of that term.	53980

53981

(1) Recommend to the board of building standards a building	53982
code for residential buildings. The committee shall recommend a	53983
code that it may model on a residential building code a national	53984
model code organization issues, with adaptations necessary to	53985
implement the code in this state. If the board of building	53986
standards decides not to adopt a code the committee recommends,	53987
the committee shall revise the code and resubmit it until the	53988
board adopts a code the committee recommends as the state	53989
residential building code;	53990

(2) Advise the board regarding the establishment of standards	53991
for certification of building officials who enforce the state	53992
residential building code;	53993

(3) Assist the board in providing information and guidance to	53994
residential contractors and building officials who enforce the	53995
state residential building code;	53996

(4) Advise the board regarding the interpretation of the	53997
state residential building code;	53998

(5) Provide other assistance the committee considers	53999
necessary;	54000

(6) Provide the board with a written report of the	54001
committee's findings for each consideration required by division	54002
(D) of this section.	54003

(D) The committee shall not make its recommendation to the	54004
board pursuant to divisions (C)(1), (2), and (4) of this section	54005
until the advisory committee has considered all of the following:	54006

(1) The impact that the state residential building code may	54007
have upon the health, safety, and welfare of the public;	54008

(2) The economic reasonableness of the residential building	54009
code;	54010

(3) The technical feasibility of the residential building	54011
code;	54012

(4) The financial impact that the residential building code	54013
may have on the public's ability to purchase affordable housing.	54014

(E) The advisory committee may provide the board with any	54015
rule the committee recommends to update or amend the state	54016
residential building code or any rule that the committee	54017
recommends to update or amend the state residential building code	54018
after receiving a petition described in division (A)(2) of section	54019
3781.12 of the Revised Code.	54020

(F) Members of the advisory committee shall receive no salary	54021
for the performance of their duties as members, but shall receive	54022
their actual and necessary expenses incurred in the performance of	54023
their duties as members of the advisory committee and shall	54024
receive a per diem for each day in attendance at an official	54025
meeting of the committee, to be paid from the ~~labor~~industrial	54026
compliance operating fund in the state treasury, using fees	54027
collected in connection with residential buildings pursuant to	54028
division (F)(2) of section 3781.102 of the Revised Code and	54029
deposited in that fund.	54030

(G) The advisory committee is not subject to divisions (A)	54031
and (B) of section 101.84 of the Revised Code.	54032

Sec. 4743.05. Except as otherwise provided in sections	54033
4701.20, 4723.062, 4723.082, ~~and~~ 4729.65, 4781.121, and 4781.28 of	54034
the Revised Code, all money collected under Chapters 3773., 4701.,	54035
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,	54036
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,	54037
4761., 4766., 4771., 4775., 4779., and 4781. of the Revised Code	54038
shall be paid into the state treasury to the credit of the	54039
occupational licensing and regulatory fund, which is hereby	54040
created for use in administering such chapters.	54041

At the end of each quarter, the director of budget and	54042
management shall transfer from the occupational licensing and	54043
regulatory fund to the nurse education assistance fund created in	54044
section 3333.28 of the Revised Code the amount certified to the	54045
director under division (B) of section 4723.08 of the Revised	54046
Code.	54047

At the end of each quarter, the director shall transfer from	54048
the occupational licensing and regulatory fund to the certified	54049
public accountant education assistance fund created in section	54050
4701.26 of the Revised Code the amount certified to the director	54051
under division (H)(2) of section 4701.10 of the Revised Code.	54052

Sec. 4763.05. (A)(1)(a) A person shall make application for	54053
an initial state-certified general real estate appraiser	54054
certificate, an initial state-certified residential real estate	54055
appraiser certificate, an initial state-licensed residential real	54056
estate appraiser license, or an initial state-registered real	54057
estate appraiser assistant registration in writing to the	54058
superintendent of real estate on a form the superintendent	54059
prescribes. The application shall include the address of the	54060
applicant's principal place of business and all other addresses at	54061
which the applicant currently engages in the business of preparing	54062
real estate appraisals and the address of the applicant's current	54063
residence. The superintendent shall retain the applicant's current	54064
residence address in a separate record which ~~shall~~does not	54065
constitute a public record for purposes of section ~~149.03~~149.43	54066
of the Revised Code. The application shall indicate whether the	54067
applicant seeks certification as a general real estate appraiser	54068
or as a residential real estate appraiser, licensure as a	54069
residential real estate appraiser, or registration as a real	54070
estate appraiser assistant and be accompanied by the prescribed	54071
examination and certification, registration, or licensure fees set	54072
forth in section 4763.09 of the Revised Code. The application also	54073
shall include a pledge, signed by the applicant, that the	54074
applicant will comply with the standards set forth in this	54075
chapter; and a statement that the applicant understands the types	54076
of misconduct for which disciplinary proceedings may be initiated	54077
against the applicant pursuant to this chapter.	54078

(b) Upon the filing of an application and payment of any	54079
examination and certification, registration, or licensure fees,	54080
the superintendent of real estate shall request the superintendent	54081
of the bureau of criminal identification and investigation, or a	54082
vendor approved by the bureau, to conduct a criminal records check	54083
based on the applicant's fingerprints in accordance with ~~division~~	54084
~~(A)(11) of~~ section 109.572 of the Revised Code. Notwithstanding	54085
division (K) of section 121.08 of the Revised Code, the	54086
superintendent of real estate shall request that criminal record	54087
information from the federal bureau of investigation be obtained	54088
as part of the criminal records check. Any fee required under	54089
division (C)(3) of section 109.572 of the Revised Code shall be	54090
paid by the applicant.	54091

(2) For purposes of providing funding for the real estate	54092
appraiser recovery fund established by section 4763.16 of the	54093
Revised Code, the real estate appraiser board shall levy an	54094
assessment against each person issued an initial certificate,	54095
registration, or license and against current licensees,	54096
registrants, and certificate holders, as required by board rule.	54097
The assessment is in addition to the application and examination	54098
fees for initial applicants required by division (A)(1) of this	54099
section and the renewal fees required for current certificate	54100
holders, registrants, and licensees. The superintendent of real	54101
estate shall deposit the assessment into the state treasury to the	54102
credit of the real estate appraiser recovery fund. The assessment	54103
for initial certificate holders, registrants, and licensees shall	54104
be paid prior to the issuance of a certificate, registration, or	54105
license, and for current certificate holders, registrants, and	54106
licensees, at the time of renewal.	54107

(B) An applicant for an initial general real estate appraiser	54108
certificate, residential real estate appraiser certificate, or	54109
residential real estate appraiser license shall possess experience	54110
in real estate appraisal as the board prescribes by rule. In	54111
addition to any other information required by the board, the	54112
applicant shall furnish, under oath, a detailed listing of the	54113
appraisal reports or file memoranda for each year for which	54114
experience is claimed and, upon request of the superintendent or	54115
the board, shall make available for examination a sample of the	54116
appraisal reports prepared by the applicant in the course of the	54117
applicant's practice.	54118

(C) An applicant for an initial certificate, registration, or	54119
license shall be at least eighteen years of age, honest, truthful,	54120
and of good reputation and shall present satisfactory evidence to	54121
the superintendent that the applicant has successfully completed	54122
any education requirements the board prescribes by rule.	54123

(D) An applicant for an initial general real estate appraiser	54124
or residential real estate appraiser certificate or residential	54125
real estate appraiser license shall take and successfully complete	54126
a written examination in order to qualify for the certificate or	54127
license.	54128

The board shall prescribe the examination requirements by	54129
rule.	54130

(E)(1) A nonresident, natural person of this state who has	54131
complied with this section may obtain a certificate, registration,	54132
or license. The board shall adopt rules relating to the	54133
certification, registration, and licensure of a nonresident	54134
applicant whose state of residence the board determines to have	54135
certification, registration, or licensure requirements that are	54136
substantially similar to those set forth in this chapter and the	54137
rules adopted thereunder.	54138

(2) The board shall recognize on a temporary basis a	54139
certification or license issued in another state and shall	54140
register on a temporary basis an appraiser who is certified or	54141
licensed in another state if all of the following apply:	54142

(a) The temporary registration is to perform an appraisal	54143
assignment that is part of a federally related transaction.	54144

(b) The appraiser's business in this state is of a temporary	54145
nature.	54146

(c) The appraiser registers with the board pursuant to this	54147
division.	54148

An appraiser who is certified or licensed in another state	54149
shall register with the board for temporary practice before	54150
performing an appraisal assignment in this state in connection	54151
with a federally related transaction.	54152

The board shall adopt rules relating to registration for the	54153
temporary recognition of certification and licensure of appraisers	54154
from another state. The registration for temporary recognition of	54155
certified or licensed appraisers from another state shall not	54156
authorize completion of more than one appraisal assignment in this	54157
state. The board shall not issue more than two registrations for	54158
temporary practice to any one applicant in any calendar year.	54159

(3) In addition to any other information required to be	54160
submitted with the nonresident applicant's or appraiser's	54161
application for a certificate, registration, license, or temporary	54162
recognition of a certificate or license, each nonresident	54163
applicant or appraiser shall submit a statement consenting to the	54164
service of process upon the nonresident applicant or appraiser by	54165
means of delivering that process to the secretary of state if, in	54166
an action against the applicant, certificate holder, registrant,	54167
or licensee arising from the applicant's, certificate holder's,	54168
registrant's, or licensee's activities as a certificate holder,	54169
registrant, or licensee, the plaintiff, in the exercise of due	54170
diligence, cannot effect personal service upon the applicant,	54171
certificate holder, registrant, or licensee.	54172

(F) The superintendent shall not issue a certificate,	54173
registration, or license to, or recognize on a temporary basis an	54174
appraiser from another state that is a corporation, partnership,	54175
or association. This prohibition shall not be construed to prevent	54176
a certificate holder or licensee from signing an appraisal report	54177
on behalf of a corporation, partnership, or association.	54178

(G) Every person licensed, registered, or certified under	54179
this chapter shall notify the superintendent, on a form provided	54180
by the superintendent, of a change in the address of the	54181
licensee's, registrant's, or certificate holder's principal place	54182
of business or residence within thirty days of the change. If a	54183
licensee's, registrant's, or certificate holder's license,	54184
registration, or certificate is revoked or not renewed, the	54185
licensee, registrant, or certificate holder immediately shall	54186
return the annual and any renewal certificate, registration, or	54187
license to the superintendent.	54188

(H)(1) The superintendent shall not issue a certificate,	54189
registration, or license to any person, or recognize on a	54190
temporary basis an appraiser from another state, who does not meet	54191
applicable minimum criteria for state certification, registration,	54192
or licensure prescribed by federal law or rule.	54193

(2) The superintendent shall not issue a general real estate	54194
appraiser certificate, residential real estate appraiser	54195
certificate, residential real estate appraiser license, or real	54196
estate appraiser assistant registration to any person who has been	54197
convicted of or pleaded guilty to any criminal offense involving	54198
theft, receiving stolen property, embezzlement, forgery, fraud,	54199
passing bad checks, money laundering, or drug trafficking, or any	54200
criminal offense involving money or securities, including a	54201
violation of an existing or former law of this state, any other	54202
state, or the United States that substantially is equivalent to	54203
such an offense. However, if the applicant has pleaded guilty to	54204
or been convicted of such an offense, the superintendent shall not	54205
consider the offense if the applicant has proven to the	54206
superintendent, by a preponderance of the evidence, that the	54207
applicant's activities and employment record since the conviction	54208
show that the applicant is honest, truthful, and of good	54209
reputation, and there is no basis in fact for believing that the	54210
applicant will commit such an offense again.	54211

Sec. 4765.07. (A) The state board of emergency medical	54212
services shall adopt rules under section 4765.11 of the Revised	54213
Code to establish and administer a grant program under which	54214
grants are distributed according to the following priorities:	54215

(1) First priority shall be given to emergency medical	54216
service organizations for the training of personnel, for the	54217
purchase of equipment and vehicles, and to improve the	54218
availability, accessibility, and quality of emergency medical	54219
services in this state. In this category, the board shall give	54220
priority to grants that fund training and equipping of emergency	54221
medical service personnel.	54222

(2) Second priority shall be given to entities that research,	54223
test, and evaluate medical procedures and systems related to adult	54224
and pediatric trauma care.	54225

(3) Third priority shall be given to entities that research	54226
the causes, nature, and effects of traumatic injuries, educate the	54227
public about injury prevention, and implement, test, and evaluate	54228
injury prevention strategies.	54229

(4) Fourth priority shall be given to entities that research,	54230
test, and evaluate procedures that promote the rehabilitation,	54231
retraining, and reemployment of adult or pediatric trauma victims	54232
and social service support mechanisms for adult or pediatric	54233
trauma victims and their families.	54234

(5) Fifth priority shall be given to entities that conduct	54235
research on, test, or evaluate one or more of the following:	54236

(a) Procedures governing the performance of emergency medical	54237
services in this state;	54238

(b) The training of emergency medical service personnel;

54239

54240

(6) For grants distributed for the grant award years	54241
occurring not later than the award year ending June 30, 2017,	54242
sixth priority shall be given to entities that operate paramedic	54243
training programs and are seeking national accreditation of the	54244
programs.	54245

(B) To be eligible for a grant distributed pursuant to	54246
division (A)(6) of this section, an applicant for the grant shall	54247
meet all of the following conditions:	54248

(1) Hold a certificate of accreditation issued by the board	54249
under section 4765.17 of the Revised Code to operate a paramedic	54250
training program;	54251

(2) Be seeking initial national accreditation of the program	54252
from an accrediting organization approved by the board;	54253

(3) Apply for the national accreditation on or after February	54254
25, 2010.	54255

(C) The grant program shall be funded from the trauma and	54256
emergency medical services ~~grants~~ fund created by section 4513.263	54257
of the Revised Code.	54258

Sec. 4773.08. The ~~public~~director of health ~~council~~ shall	54259
adopt rules to implement and administer this chapter. In adopting	54260
the rules, the ~~council~~director shall consider any recommendations	54261
made by the radiation advisory council created under section	54262
3701.93 of the Revised Code. The rules shall be adopted in	54263
accordance with Chapter 119. of the Revised Code and shall not be	54264
less stringent than any applicable standards specified in 42	54265
C.F.R. 75. The rules shall establish all of the following:	54266

(A) Standards for licensing general x-ray machine operators,	54267
radiographers, radiation therapy technologists, and nuclear	54268
medicine technologists;	54269

(B) Application and renewal fees for licenses issued under	54270
this chapter that do not exceed the cost incurred in issuing and	54271
renewing the licenses;	54272

(C) Standards for accreditation of educational programs and	54273
approval of continuing education programs in general x-ray machine	54274
operation, radiography, radiation therapy technology, and nuclear	54275
medicine technology;	54276

(D) Fees for accrediting educational programs and approving	54277
continuing education programs in general x-ray machine operation,	54278
radiography, radiation therapy technology, and nuclear medicine	54279
technology that do not exceed the cost incurred in accrediting the	54280
educational programs;	54281

(E) Fees for issuing conditional licenses under section	54282
4773.05 of the Revised Code that do not exceed the cost incurred	54283
in issuing the licenses;	54284

(F) Continuing education requirements that must be met to	54285
have a license renewed under section 4773.03 of the Revised Code;	54286

(G) Continuing education requirements that the holder of a	54287
conditional license must meet to receive a license issued under	54288
section 4773.03 of the Revised Code;	54289

(H) Any other rules necessary for the implementation or	54290
administration of this chapter.	54291

Sec. 4781.01. As used in this chapter:

54292

(A) "Industrialized unit" has the same meaning as in division	54293
(C)(3) of section 3781.06 of the Revised Code.	54294

(B) "Installation" means any of the following:

54295

(1) The temporary or permanent construction of stabilization,	54296
support, and anchoring systems for manufactured housing;	54297

(2) The placement and erection of a manufactured housing unit	54298
or components of a unit on a structural support system;	54299

(3) The supporting, blocking, leveling, securing, anchoring,	54300
underpinning, or adjusting of any section or component of a	54301
manufactured housing unit;	54302

(4) The joining or connecting of all sections or components	54303
of a manufactured housing unit.	54304

(C) "Manufactured home" has the same meaning as in division	54305
(C)(4) of section 3781.06 of the Revised Code.	54306

(D) "Manufactured home park" ~~has the same meaning as in~~	54307
~~division (A) of section 3733.01 of the Revised Code~~means any	54308
tract of land upon which three or more manufactured or mobile	54309
homes used for habitation are parked, either free of charge or for	54310
revenue purposes, and includes any roadway, building, structure,	54311
vehicle, or enclosure used or intended for use as a part of the	54312
facilities of the park. "Manufactured home park" does not include	54313
any of the following:	54314

(1) A tract of land used solely for the storage or display	54315
for sale of manufactured or mobile homes or solely as a temporary	54316
park-camp as defined in section 3729.01 of the Revised Code;	54317

(2) A tract of land that is subdivided and the individual	54318
lots are for sale or sold for the purpose of installation of	54319
manufactured or mobile homes used for habitation and the roadways	54320
are dedicated to the local government authority;	54321

(3) A tract of land within an area that is subject to local	54322
zoning authority and subdivision requirements and is subdivided,	54323
and the individual lots are for sale or sold for the purpose of	54324
installation of manufactured or mobile homes for habitation.	54325

(E) "Manufactured housing" means manufactured homes and	54326
mobile homes.	54327

(F) "Manufactured housing installer" means an individual who	54328
installs manufactured housing.	54329

(G) "Mobile home" has the same meaning as in division (O) of	54330
section 4501.01 of the Revised Code.	54331

(H) "Model standards" means the federal manufactured home	54332
installation standards established pursuant to 42 U.S.C. 5404.	54333

(I) "Permanent foundation" has the same meaning as in	54334
division (C)(5) of section 3781.06 of the Revised Code.	54335

(J) "Business" includes any activities engaged in by any	54336
person for the object of gain, benefit, or advantage either direct	54337
or indirect.	54338

(K) "Casual sale" means any transfer of a manufactured home	54339
or mobile home by a person other than a manufactured housing	54340
dealer, manufactured housing salesperson, or manufacturer to an	54341
ultimate consumer or a person who purchases the home for use as a	54342
residence.	54343

(L) "Engaging in business" means commencing, conducting, or	54344
continuing in business, or liquidating a business when the	54345
liquidator thereof holds self out to be conducting such business;	54346
making a casual sale or otherwise making transfers in the ordinary	54347
course of business when the transfers are made in connection with	54348
the disposition of all or substantially all of the transferor's	54349
assets is not engaging in business.	54350

(M) "Manufactured home park operator" ~~has the same meaning as~~	54351
~~"operator" in section 3733.01 of the Revised Code~~or "park	54352
operator" means the person who has responsible charge of a	54353
manufactured home park and who is licensed under sections 4781.26	54354
to 4781.35 of the Revised Code.	54355

(N) "Manufactured housing broker" means any person acting as	54356
a selling agent on behalf of an owner of a manufactured home or	54357
mobile home that is subject to taxation under section 4503.06 of	54358
the Revised Code.	54359

(O) "Manufactured housing dealer" means any person engaged in	54360
the business of selling at retail, displaying, offering for sale,	54361
or dealing in manufactured homes or mobile homes.	54362

(P) "Manufacturer" means a person who manufacturers,	54363
assembles, or imports manufactured homes or mobile homes.	54364

(Q) "Retail sale" or "sale at retail" means the act or	54365
attempted act of selling, bartering, exchanging, or otherwise	54366
disposing of a manufactured home or mobile home to an ultimate	54367
purchaser for use as a residence.	54368

(R) "Salesperson" means any individual employed by a	54369
manufactured housing dealer or manufactured housing broker to	54370
sell, display, and offer for sale, or deal in manufactured homes	54371
or mobile homes for a commission, compensation, or other valuable	54372
consideration, but does not mean any public officer performing	54373
official duties.	54374

(S) "Ultimate purchaser" means, with respect to any new	54375
manufactured home, the first person, other than a manufactured	54376
housing dealer purchasing in the capacity of a manufactured	54377
housing dealer, who purchases such new manufactured home for	54378
purposes other than resale.	54379

(T) "Tenant" means a person who is entitled under a rental	54380
agreement with a manufactured home park operator to occupy a	54381
manufactured home park lot and who does not own the home occupying	54382
the lot.	54383

(U) "Owner" means a person who is entitled under a rental	54384
agreement with a manufactured home park operator to occupy a	54385
manufactured home park lot and who owns the home occupying the	54386
lot.	54387

(V) "Resident" means a person entitled under a rental	54388
agreement to the use and occupancy of residential premises to the	54389
exclusion of others. "Resident" includes both tenants and owners.	54390

(W) "Residential premises" means a lot located within a	54391
manufactured home park and the grounds, areas, and facilities	54392
contained within the manufactured home park for the use of	54393
residents generally or the use of which is promised to a resident.	54394

(X) "Rental agreement" means any agreement or lease, written	54395
or oral, that establishes or modifies the terms, conditions,	54396
rules, or any other provisions concerning the use and occupancy of	54397
residential premises by one of the parties.	54398

(Y) "Security deposit" means any deposit of money or property	54399
to secure performance by the resident under a rental agreement.	54400

(Z) "Development" means any artificial change to improved or	54401
unimproved real estate, including, without limitation, buildings	54402
or structures, dredging, filling, grading, paving, excavation or	54403
drilling operations, or storage of equipment or materials, and the	54404
construction, expansion, or substantial alteration of a	54405
manufactured home park, for which plan review is required under	54406
division (A) of section 4781.31 of the Revised Code. "Development"	54407
does not include the building, construction, erection, or	54408
manufacture of any building to which section 3781.06 of the	54409
Revised Code is applicable.	54410

(AA) "Flood" or "flooding" means either of the following:

54411

(1) A general and temporary condition of partial or complete	54412
inundation of normally dry land areas from any of the following:	54413

(a) The overflow of inland or tidal waters;

54414

(b) The unusual and rapid accumulation or runoff of surface	54415
waters from any source;	54416

(c) Mudslides that are proximately caused by flooding as	54417
defined in division (AA)(1)(b) of this section and that are akin	54418
to a river of liquid and flowing mud on the surface of normally	54419
dry land areas, as when earth is carried by a current of water and	54420
deposited along the path of the current.	54421

(2) The collapse or subsidence of land along the shore of a	54422
lake or other body of water as a result of erosion or undermining	54423
that is caused by waves or currents of water exceeding anticipated	54424
cyclical levels or that is suddenly caused by an unusually high	54425
water level in a natural body of water, and that is accompanied by	54426
a severe storm, by an unanticipated force of nature, such as a	54427
flash flood, by an abnormal tidal surge, or by some similarly	54428
unusual and unforeseeable event, that results in flooding as	54429
defined in division (AA)(1)(a) of this section.	54430

(BB) "Flood plain" means the area adjoining any river,	54431
stream, watercourse, or lake that has been or may be covered by	54432
flood water.	54433

(CC) "One-hundred-year flood" means a flood having a one per	54434
cent chance of being equaled or exceeded in any given year.	54435

(DD) "One-hundred-year flood plain" means that portion of a	54436
flood plain inundated by a one-hundred-year flood.	54437

(EE) "Person" has the same meaning as in section 1.59 of the	54438
Revised Code and also includes this state, any political	54439
subdivision of this state, and any other state or local body of	54440
this state.	54441

(FF) "Substantial damage" means damage of any origin	54442
sustained by a manufactured or mobile home that is situated in a	54443
manufactured home park located in a flood plain when the cost of	54444
restoring the home to its condition before the damage occurred	54445
will equal or exceed fifty per cent of the market value of the	54446
home before the damage occurred.	54447

(GG) "Substantially alter" means a change in the layout or	54448
design of a manufactured home park, including, without limitation,	54449
the movement of utilities or changes in established streets, lots,	54450
or sites or in other facilities. In the case of manufactured home	54451
parks located within a one-hundred-year flood plain,	54452
"substantially alter" also includes changes in elevation resulting	54453
from the addition of fill, grading, or excavation that may affect	54454
flood plain management.	54455

(HH) "Tract" means a contiguous area of land that consists of	54456
one or more parcels, lots, or sites that have been separately	54457
surveyed regardless of whether the individual parcels, lots, or	54458
sites have been recorded and regardless of whether the one or more	54459
parcels, lots, or sites are under common or different ownership.	54460

Sec. 4781.02. (A) There is hereby created the manufactured	54461
homes commission which consists of nine members, with three	54462
members appointed by the governor, three members appointed by the	54463
president of the senate, and three members appointed by the	54464
speaker of the house of representatives.	54465

(B)(1) Commission members shall be residents of this state,	54466
except for members appointed pursuant to divisions (B)(3)(b) and	54467
(B)(4)(a) of this section. Members shall be selected from a list	54468
of persons the Ohio manufactured homes association, or any	54469
successor entity, recommends, except for appointments made	54470
pursuant to division (B)(2) of this section.	54471

(2) The governor shall appoint the following members:

54472

(a) One member to represent the board of building standards,	54473
who may be a member of the board or a board employee not in the	54474
classified civil service, with an initial term ending December 31,	54475
2007;	54476

(b) One member ~~to represent the department of health, who may~~	54477
~~be a department employee not in the classified civil service, with~~	54478
~~an initial term ending December 31, 2005~~who is registered as a	54479
sanitarian in accordance with Chapter 4736. of the Revised Code,	54480
has experience with the regulation of manufactured homes, and is	54481
an employee of a health district described in section 3709.01 of	54482
the Revised Code;	54483

(c) One member whose primary residence is a manufactured	54484
home, with an initial term ending December 31, 2006.	54485

(3) The president of the senate shall appoint the following	54486
members:	54487

(a) Two members who are manufactured housing installers who	54488
have been actively engaged in the installation of manufactured	54489
housing for the five years immediately prior to appointment, with	54490
the initial term of one installer ending December 31, 2007, and	54491
the initial term of the other installer ending December 31, 2005.	54492

(b) One member who manufactures manufactured homes in this	54493
state or who manufactures manufactured homes in another state and	54494
ships homes into this state, to represent manufactured home	54495
manufacturers, with an initial term ending December 31, 2006.	54496

(4) The speaker of the house of representatives shall appoint	54497
the following members:	54498

(a) One member who operates a manufactured or mobile home	54499
retail business in this state to represent manufactured housing	54500
dealers, with an initial term ending December 31, 2007;	54501

(b) One member who is a manufactured home park operator or is	54502
employed by an operator, with an initial term ending December 31,	54503
2005;	54504

(c) One member to represent the Ohio manufactured home	54505
association, or any successor entity, who may be the president or	54506
executive director of the association or the successor entity,	54507
with an initial term ending December 31, 2006.	54508

(C)(1) After the initial term, each term of office is for	54509
four years ending on the thirty-first day of December. A member	54510
holds office from the date of appointment until the end of the	54511
term. No member may serve more than two consecutive four-year	54512
terms.	54513

(2) Any member appointed to fill a vacancy that occurs prior	54514
to the expiration of a term continues in office for the remainder	54515
of that term. Any member continues in office subsequent to the	54516
expiration date of the term until the member's successor takes	54517
office or until sixty days have elapsed, which ever occurs first.	54518

(3) A vacancy on the commission does not impair the authority	54519
of the remaining members to exercise all of the commission's	54520
powers.	54521

(D)(1) The governor may remove any member from office for	54522
incompetence, neglect of duty, misfeasance, nonfeasance,	54523
malfeasance, or unprofessional conduct in office.	54524

(2) Vacancies shall be filled in the manner of the original	54525
appointment.	54526

Sec. 4781.04. (A) The manufactured homes commission shall	54527
adopt rules pursuant to Chapter 119. of the Revised Code to do all	54528
of the following:	54529

(1) Establish uniform standards that govern the installation	54530
of manufactured housing. Not later than one hundred eighty days	54531
after the secretary of the United States department of housing and	54532
urban development adopts model standards for the installation of	54533
manufactured housing or amends those standards, the commission	54534
shall amend its standards as necessary to be consistent with, and	54535
not less stringent than, the model standards for the design and	54536
installation of manufactured housing the secretary adopts or any	54537
manufacturers' standards that the secretary determines are equal	54538
to or not less stringent than the model standards.	54539

(2) Govern the inspection of the installation of manufactured	54540
housing. The rules shall specify that the commission, any building	54541
department or personnel of any department, ~~any licensor or~~	54542
~~personnel of any licensor,~~ or any private third party, certified	54543
pursuant to section 4781.07 of the Revised Code shall conduct all	54544
inspections of the installation of manufactured housing located in	54545
manufactured home parks to determine compliance with the uniform	54546
installation standards the commission establishes pursuant to this	54547
section.	54548

~~As used in division (A)(2) of this section, "licensor" has~~	54549
~~the same meaning as in section 3733.01 of the Revised Code.~~	54550

(3) Govern the design, construction, installation, approval,	54551
and inspection of foundations and the base support systems for	54552
manufactured housing. The rules shall specify that the commission,	54553
any building department or personnel of any department, ~~any~~	54554
~~licensor or personnel of any licensor,~~ or any private third party,	54555
certified pursuant to section 4781.07 of the Revised Code shall	54556
conduct all inspections of the installation, foundations, and base	54557
support systems of manufactured housing located in manufactured	54558
home parks to determine compliance with the uniform installation	54559
standards and foundation and base support system design the	54560
commission establishes pursuant to this section.	54561

~~As used in division (A)(3) of this section, "licensor" has~~	54562
~~the same meaning as in section 3733.01 of the Revised Code.~~	54563

(4) Govern the training, experience, and education	54564
requirements for manufactured housing installers, manufactured	54565
housing dealers, manufactured housing brokers, and manufactured	54566
housing salespersons;	54567

(5) Establish a code of ethics for manufactured housing	54568
installers;	54569

(6) Govern the issuance, revocation, and suspension of	54570
licenses to manufactured housing installers;	54571

(7) Establish fees for the issuance and renewal of licenses,	54572
for conducting inspections to determine an applicant's compliance	54573
with this chapter and the rules adopted pursuant to it, and for	54574
the commission's expenses incurred in implementing this chapter;	54575

(8) Establish conditions under which a licensee may enter	54576
into contracts to fulfill the licensee's responsibilities;	54577

(9) Govern the investigation of complaints concerning any	54578
violation of this chapter or the rules adopted pursuant to it or	54579
complaints involving the conduct of any licensed manufactured	54580
housing installer or person installing manufactured housing	54581
without a license, licensed manufactured housing dealer, licensed	54582
manufactured housing broker, or manufactured housing salesperson;	54583

(10) Establish a dispute resolution program for the timely	54584
resolution of warranty issues involving new manufactured homes,	54585
disputes regarding responsibility for the correction or repair of	54586
defects in manufactured housing, and the installation of	54587
manufactured housing. The rules shall provide for the timely	54588
resolution of disputes between manufacturers, manufactured housing	54589
dealers, and installers regarding the correction or repair of	54590
defects in manufactured housing that are reported by the purchaser	54591
of the home during the one-year period beginning on the date of	54592
installation of the home. The rules also shall provide that	54593
decisions made regarding the dispute under the program are not	54594
binding upon the purchaser of the home or the other parties	54595
involved in the dispute unless the purchaser so agrees in a	54596
written acknowledgement that the purchaser signs and delivers to	54597
the program within ten business days after the decision is issued.	54598

(11) Establish the requirements and procedures for the	54599
certification of building departments and building department	54600
personnel pursuant to section 4781.07 of the Revised Code;	54601

(12) Establish fees to be charged to building departments and	54602
building department personnel applying for certification and	54603
renewal of certification pursuant to section 4781.07 of the	54604
Revised Code;	54605

(13) Develop a policy regarding the maintenance of records	54606
for any inspection authorized or conducted pursuant to this	54607
chapter. Any record maintained under division (A)(13) of this	54608
section shall be a public record under section 149.43 of the	54609
Revised Code.	54610

(14) Carry out any other provision of this chapter.

54611

(B) The manufactured homes commission shall do all of the	54612
following:	54613

(1) Prepare and administer a licensure examination to	54614
determine an applicant's knowledge of manufactured housing	54615
installation and other aspects of installation the commission	54616
determines appropriate;	54617

(2) Select, provide, or procure appropriate examination	54618
questions and answers for the licensure examination and establish	54619
the criteria for successful completion of the examination;	54620

(3) Prepare and distribute any application form this chapter	54621
requires;	54622

(4) Receive applications for licenses and renewal of licenses	54623
and issue licenses to qualified applicants;	54624

(5) Establish procedures for processing, approving, and	54625
disapproving applications for licensure;	54626

(6) Retain records of applications for licensure, including	54627
all application materials submitted and a written record of the	54628
action taken on each application;	54629

(7) Review the design and plans for manufactured housing	54630
installations, foundations, and support systems;	54631

(8) Inspect a sample of homes at a percentage the commission	54632
determines to evaluate the construction and installation of	54633
manufactured housing installations, foundations, and support	54634
systems to determine compliance with the standards the commission	54635
adopts;	54636

(9) Investigate complaints concerning violations of this	54637
chapter or the rules adopted pursuant to it, or the conduct of any	54638
manufactured housing installer, manufactured housing dealer,	54639
manufactured housing broker, or manufactured housing salesperson;	54640

(10) Determine appropriate disciplinary actions for	54641
violations of this chapter;	54642

(11) Conduct audits and inquiries of manufactured housing	54643
installers, manufactured housing dealers, and manufactured housing	54644
brokers as appropriate for the enforcement of this chapter. The	54645
commission, or any person the commission employs for the purpose,	54646
may review and audit the business records of any manufactured	54647
housing installer, dealer, or broker during normal business hours.	54648

(12) Approve an installation training course, which may be	54649
offered by the Ohio manufactured homes association or other	54650
entity;	54651

(13) Perform any function or duty necessary to administer	54652
this chapter and the rules adopted pursuant to it.	54653

(C) Nothing in this section shall be construed to limit the	54654
authority of a board of health to enforce section 3701.344 or	54655
Chapters 3703., 3718., and 3781. of the Revised Code.	54656

Sec. 4781.07. (A) Pursuant to rules the manufactured homes	54657
commission adopts, the commission may certify municipal, township,	54658
and county building departments and the personnel of those	54659
departments, ~~licensors as defined in section 3733.01 of the~~	54660
~~Revised Code and the personnel of those licensors,~~ or any private	54661
third party, to exercise the commission's enforcement authority,	54662
accept and approve plans and specifications for foundations,	54663
support systems and installations, and inspect manufactured	54664
housing foundations, support systems, and manufactured housing	54665
installations. Any certification is effective for three years.	54666

(B) Following an investigation and finding of facts that	54667
support its action, the commission may revoke or suspend	54668
certification. The commission may initiate an investigation on its	54669
own motion or the petition of a person affected by the enforcement	54670
or approval of plans.	54671

Sec. 4781.09. (A) The manufactured homes commission may deny,	54672
suspend, revoke, or refuse to renew the license of any	54673
manufactured home installer for any of the following reasons:	54674

(1) Failure to satisfy the requirements of section 4781.08 or	54675
4781.10 of the Revised Code;	54676

(2) Violation of this chapter or any rule adopted pursuant to	54677
it;	54678

(3) Making a material misstatement in an application for a	54679
license;	54680

(4) Installing manufactured housing without a license or	54681
without being under the supervision of a licensed manufactured	54682
housing installer;	54683

(5) Failure to appear for a hearing before the commission or	54684
to comply with any final adjudication order of the commission	54685
issued pursuant to this chapter;	54686

(6) Conviction of a felony or a crime involving moral	54687
turpitude;	54688

(7) Having had a license revoked, suspended, or denied by the	54689
commission during the preceding two years;	54690

(8) Having had a license revoked, suspended, or denied by	54691
another state or jurisdiction during the preceding two years;	54692

(9) Engaging in conduct in another state or jurisdiction that	54693
would violate this chapter if committed in this state.	54694

(10) Failing to provide written notification of an	54695
installation pursuant to division (D) of section 4781.11 of the	54696
Revised Code to a county treasurer or county auditor.	54697

(B)(1) Any person whose license or license application is	54698
revoked, suspended, denied, or not renewed or upon whom a civil	54699
penalty is imposed ~~pursuant to division (C) of this section~~ may	54700
request an adjudication hearing on the matter within thirty days	54701
after receipt of the notice of the action. The hearing shall be	54702
held in accordance with Chapter 119. of the Revised Code.	54703

(2) Any licensee or applicant may appeal an order made	54704
pursuant to an adjudication hearing in the manner provided in	54705
section 119.12 of the Revised Code.	54706

(C) ~~As an alternative to suspending, revoking, or refusing to~~	54707
~~renew a manufactured housing installer's license, the commission~~	54708
~~may impose a civil penalty of not less than one hundred dollars or~~	54709
~~more than five hundred dollars per violation of this chapter or~~	54710
~~any rule adopted pursuant to it. The commission shall deposit~~	54711
~~penalties in the occupational licensing and regulatory fund~~	54712
~~pursuant to section 4743.05 of the Revised Code.~~	54713

~~(D)~~ A person whose license is suspended, revoked, or not	54714
renewed may apply for a new license two years after the date on	54715
which the license was suspended, revoked, or not renewed.	54716

Sec. 4781.121. (A) The manufactured homes commission,	54717
pursuant to section 4781.04 of the Revised Code, may investigate	54718
any person who allegedly has committed a violation. If, after an	54719
investigation the commission determines that reasonable evidence	54720
exists that a person has committed a violation, within seven days	54721
after that determination, the commission shall send a written	54722
notice to that person in the same manner as prescribed in section	54723
119.07 of the Revised Code for licensees, except that the notice	54724
shall specify that a hearing will be held and specify the date,	54725
time, and place of the hearing.	54726

(B) The commission shall hold a hearing regarding the alleged	54727
violation in the same manner prescribed for an adjudication	54728
hearing under section 119.09 of the Revised Code. If the	54729
commission, after the hearing, determines that a violation has	54730
occurred, the commission, upon an affirmative vote of five of its	54731
members, may impose a fine not exceeding one thousand dollars per	54732
violation per day. The commission's determination is an order that	54733
the person may appeal in accordance with section 119.12 of the	54734
Revised Code.	54735

(C) If the person who allegedly committed a violation fails	54736
to appear for a hearing, the commission may request the court of	54737
common pleas of the county where the alleged violation occurred to	54738
compel the person to appear before the commission for a hearing.	54739

(D) If the commission assesses a person a civil penalty for a	54740
violation and the person fails to pay that civil penalty within	54741
the time period prescribed by the commission pursuant to section	54742
131.02 of the Revised Code, the commission shall forward to the	54743
attorney general the name of the person and the amount of the	54744
civil penalty for the purpose of collecting that civil penalty. In	54745
addition to the civil penalty assessed pursuant to this section,	54746
the person also shall pay any fee assessed by the attorney general	54747
for collection of the civil penalty.	54748

(E) The authority provided to the commission pursuant to this	54749
section, and any fine imposed under this section, shall be in	54750
addition to, and not in lieu of, all penalties and other remedies	54751
provided in this chapter. Any fines collected pursuant to this	54752
section shall be used solely to administer and enforce this	54753
chapter and rules adopted under it. Any fees collected pursuant to	54754
this section shall be transmitted to the treasurer of state and	54755
shall be credited to the manufactured homes commission regulatory	54756
fund created in section 4781.54 of the Revised Code and the rules	54757
adopted thereunder. The fees shall be used only for the purpose of	54758
administering and enforcing sections 4781.26 to 4781.35 of the	54759
Revised Code and the rules adopted thereunder.	54760

(F) As used in this section, "violation" means a violation of	54761
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant	54762
to section 4781.04, of the Revised Code.	54763

Sec. 4781.14. (A) ~~Except as provided in division (A)(3) of~~	54764
~~section 3733.02 of the Revised Code, the state, through the~~The	54765
manufactured homes commission, has exclusive authority to regulate	54766
manufactured home installers, the installation of manufactured	54767
housing, and manufactured housing foundations and support systems	54768
in ~~the~~this state. By enacting this chapter, it is the intent of	54769
the general assembly to preempt municipal corporations and other	54770
political subdivisions from regulating and licensing manufactured	54771
housing installers and regulating and inspecting the installation	54772
of manufactured housing and manufactured housing foundations and	54773
support systems.	54774

(B) ~~Except as provided in division (A)(3) of section 3733.02~~	54775
~~of the Revised Code, the~~The manufactured homes commission has	54776
exclusive power to adopt rules of uniform application throughout	54777
the state governing installation of manufactured housing, the	54778
inspection of manufactured housing foundations and support	54779
systems, the inspection of the installation of manufactured	54780
housing, the training and licensing of manufactured housing	54781
installers, and the investigation of complaints concerning	54782
manufactured housing installers.	54783

(C) ~~Except as provided in division (A)(3) of section 3733.02~~	54784
~~of the Revised Code, the~~The rules the commission adopts pursuant	54785
to this chapter are the exclusive rules governing the installation	54786
of manufactured housing, the design, construction, and approval of	54787
foundations for manufactured housing, the licensure of	54788
manufactured home installers, and the fees charged for licensure	54789
of manufactured home installers. No political subdivision of the	54790
state or any department or agency of the state may establish any	54791
other standards governing the installation of manufactured	54792
housing, manufactured housing foundations and support systems, the	54793
licensure of manufactured housing installers, or fees charged for	54794
the licensure of manufactured housing installers.	54795

(D) Nothing in this section limits the authority of the	54796
attorney general to enforce Chapter 1345. of the Revised Code or	54797
to take any action permitted by the Revised Code against	54798
manufactured housing installers, retailers, or manufacturers.	54799

Sec. 4781.15. The remedies provided in ~~sections 4781.01 to~~	54800
~~4781.14 of the Revised Code~~this chapter are in addition to	54801
remedies otherwise available for the same conduct under state or	54802
local law.	54803

Sec. 4781.16. (A) Except as provided in division (E) of this	54804
section, no person shall do any of the following:	54805

(1) Engage in the business of displaying or selling at retail	54806
manufactured homes or mobile homes or assume to engage in that	54807
business, unless the person is licensed as a manufactured housing	54808
dealer under this chapter, or is a salesperson licensed under this	54809
chapter and employed by a licensed manufactured housing dealer;	54810

(2) Make more than five casual sales of manufactured homes or	54811
mobile homes in a twelve-month period without obtaining a license	54812
as a manufactured housing dealer under this chapter;	54813

(3) Purchase a manufactured home directly from the	54814
manufacturer without obtaining a license as a manufactured housing	54815
dealer under this chapter;	54816

(4) Engage in the business of brokering manufactured homes	54817
unless that person is licensed as a manufactured housing broker	54818
under this chapter or licensed as a real estate broker or	54819
salesperson pursuant to Chapter 4735. of the Revised Code.	54820

(B)(1) Except as provided in this division, no manufactured	54821
housing dealer shall sell, display, offer for sale, or deal in	54822
manufactured homes or mobile homes at any place except an	54823
established place of business that is used exclusively for the	54824
purpose of selling, displaying, offering for sale, or dealing in	54825
manufactured homes or mobile homes.	54826

(2) No manufactured housing broker shall engage in the	54827
business of brokering manufactured or mobile homes at any place	54828
except an established place of business that is used exclusively	54829
for the purpose of brokering manufactured and mobile homes.	54830

(3) A place of business used for the brokering or sale of	54831
manufactured homes or mobile homes is considered to be used	54832
exclusively for brokering, selling, displaying, offering for sale,	54833
or dealing in manufactured or mobile homes even though	54834
industrialized units, as defined by section 3781.06 of the Revised	54835
Code, are brokered, sold, displayed, offered for sale, or dealt at	54836
the same place of business.	54837

(4) If the licensed manufactured housing dealer is a	54838
manufactured home park operator, then all of the following apply:	54839

(a) An established place of business that is located in the	54840
operator's manufactured home park and that is used for selling,	54841
leasing, and renting manufactured homes and mobile homes in that	54842
manufactured home park is considered to be used exclusively for	54843
that purpose even though rent and other activities related to the	54844
operation of the manufactured home park take place at the same	54845
location or office.	54846

(b) The dealer's established place of business in the	54847
manufactured home park shall be staffed by someone licensed and	54848
regulated under this chapter who could reasonably assist any	54849
retail customer with or without an appointment, but such	54850
established place of business need not satisfy office size,	54851
display lot size, and physical barrier requirements applicable to	54852
other used motor vehicle dealers.	54853

(c) The manufactured and mobile homes being offered for sale,	54854
lease, or rental by the dealer may be located on individual rental	54855
lots inside the operator's manufactured home park.	54856

(C) Nothing in this chapter shall be construed as prohibiting	54857
the sale of a new or used manufactured or mobile home located in a	54858
manufactured home park by a licensed manufactured housing dealer.	54859

(D) Nothing in this section shall be construed to prohibit	54860
persons licensed under this chapter from making sales calls.	54861

(E)(1) This chapter does not apply to mortgagees selling at	54862
retail only those manufactured homes or mobile homes that have	54863
come into their possession by a default in the terms of a mortgage	54864
contract.	54865

(2) When a partnership licensed under this chapter is	54866
dissolved by death, the surviving partners may operate under the	54867
manufactured housing dealer license for a period of sixty days,	54868
and the heirs or representatives of deceased persons and receivers	54869
or trustees in bankruptcy appointed by any competent authority may	54870
operate under the license of the person succeeded in possession by	54871
that heir, representative, receiver, or trustee in bankruptcy.	54872

~~Sec. 3733.02.~~ Sec. 4781.26. (A)~~(1)~~ The ~~public health council~~	54873
manufactured homes commission, subject to Chapter 119. of the	54874
Revised Code, shall adopt, and has the exclusive power to adopt,	54875
rules of uniform application throughout the state governing the	54876
review of plans, issuance of flood plain management permits, and	54877
issuance of licenses for manufactured home parks; the location,	54878
layout, density, construction, drainage, sanitation, safety, and	54879
operation of those parks; and notices of flood events concerning,	54880
and flood protection at, those parks. The rules pertaining to	54881
flood plain management shall be consistent with and not less	54882
stringent than the flood plain management criteria of the national	54883
flood insurance program adopted under the "National Flood	54884
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as	54885
amended. The rules shall not apply to the construction, erection,	54886
or manufacture of any building to which section 3781.06 of the	54887
Revised Code is applicable.	54888

~~(2)~~(B) The rules pertaining to manufactured home parks	54889
constructed after June 30, 1971, shall specify that each home must	54890
be placed on its lot to provide not less than fifteen feet between	54891
the side of one home and the side of another home, ten feet	54892
between the end of one home and the side of another home, and five	54893
feet between the ends of two homes placed end to end.	54894

~~(3)~~(C) The manufactured homes commission shall determine	54895
compliance with the installation, blocking, tiedown, foundation,	54896
and base support system standards for manufactured housing located	54897
in manufactured home parks adopted by the commission pursuant to	54898
section 4781.04 of the Revised Code. All inspections of the	54899
installation, blocking, tiedown, foundation, and base support	54900
systems of manufactured housing in a manufactured home park that	54901
the ~~department of health or a licensor~~commission conducts shall	54902
be conducted by a person ~~who has completed an installation~~	54903
~~training course approved by~~ the manufactured homes commission	54904
certifies pursuant to ~~division (B)(12) of~~ section ~~4781.04~~4781.07	54905
of the Revised Code.	54906

~~As used in division (A)(3) of this section, "manufactured~~	54907
~~housing" has the same meaning as in section 4781.01 of the Revised~~	54908
~~Code.~~	54909

~~(B) The public health council, in accordance with Chapter~~	54910
~~119. of the Revised Code, shall adopt rules of uniform application~~	54911
~~throughout the state establishing requirements and procedures in~~	54912
~~accordance with which the director of health may authorize~~	54913
~~licensors for the purposes of sections 3733.022 and 3733.025 of~~	54914
~~the Revised Code. The rules shall include at least provisions~~	54915
~~under which a licensor may enter into contracts for the purpose of~~	54916
~~fulfilling the licensor's responsibilities under either or both of~~	54917
~~those sections.~~	54918

(D) The manufactured homes commission may enter into	54919
contracts for the purpose of fulfilling the commission's annual	54920
inspection responsibilities for manufactured home parks under this	54921
chapter. Boards of health of city or general health districts	54922
shall have the right of first refusal for those contracts.	54923

~~Sec. 3733.03.~~ Sec. 4781.27. (A)(1) On or after the first day of	54924
December, but before the first day of January of the next year,	54925
every person who intends to operate a manufactured home park shall	54926
procure a license to operate the park for the next year from the	54927
~~licensor~~manufactured homes commission. If the applicable license	54928
fee prescribed under section ~~3733.04~~4781.28 of the Revised Code	54929
is not received by the ~~licensor~~commission by the close of	54930
business on the last day of December, the applicant for the	54931
license shall pay a penalty equal to twenty-five per cent of the	54932
applicable license fee. The penalty shall accompany the license	54933
fee. If the last day of December is not a business day, the	54934
penalty attaches upon the close of business on the next business	54935
day.	54936

(2) No manufactured home park shall be maintained or operated	54937
in this state without a license.	54938

(3) No person who has received a license, upon the sale or	54939
disposition of the manufactured home park, may have the license	54940
transferred to the new operator. A person shall obtain a separate	54941
license to operate each manufactured home park.	54942

(B) Before a license is initially issued and annually	54943
thereafter, or more often if necessary, the ~~licensor~~commission	54944
shall cause each manufactured home park to be inspected ~~relative~~	54945
tofor compliance with sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	54946
of the Revised Code and the rules adopted under those sections. A	54947
record shall be made of each inspection on a form prescribed by	54948
the ~~director of health~~commission.	54949

(C) Each person applying for an initial license to operate a	54950
manufactured home park shall provide acceptable proof to the	54951
~~director~~ commission that adequate fire protection will be	54952
provided and that applicable fire codes will be adhered to in the	54953
construction and operation of the park.	54954

~~Sec. 3733.04.~~ Sec. 4781.28. The ~~licensor of a manufactured home~~	54955
~~park~~manufactured homes commission may charge a fee for an annual	54956
license to operate ~~such~~ a manufactured home park. The fee for a	54957
license shall be determined in accordance with section ~~3709.09~~	54958
4781.26 of the Revised Code and shall include the cost of	54959
licensing and all inspections.	54960

~~The fee also shall include any additional amount determined~~	54961
~~by rule of the public health council, which shall be collected and~~	54962
~~transmitted by the board of health to the director of health~~	54963
~~pursuant to section 3709.092 of the Revised Code and used only for~~	54964
~~the purpose of administering and enforcing sections 3733.01 to~~	54965
~~3733.08 of the Revised Code and the rules adopted under those~~	54966
~~sections. The portion of any fee retained by the board of health~~	54967
Any fees collected shall be ~~paid into a special fund~~transmitted	54968
to the treasurer of state and shall be credited to the	54969
manufactured homes commission regulatory fund created in section	54970
4781.54 of the Revised Code and used only for the purpose of	54971
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	54972
4781.35 of the Revised Code and the rules adopted thereunder.	54973

~~Sec. 3733.05.~~ Sec. 4781.29. The ~~licensor of the health district in~~	54974
~~which a manufactured home park is or is to be located, in~~	54975
~~accordance with Chapter 119. of the Revised Code,~~manufactured	54976
homes commission may refuse to grant, may suspend, or may revoke	54977
any license granted to any person for failure to comply with	54978
sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or	54979
with any rule adopted ~~by the public health council~~ under section	54980
~~3733.02~~4781.26 of the Revised Code.	54981

~~Sec. 3733.06.~~ Sec. 4781.30. (A) Upon a license being issued under	54982
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code,	54983
any operator shall have the right to rent or use each lot for the	54984
parking or placement of a manufactured home or mobile home to be	54985
used for human habitation without interruption for any period	54986
coextensive with any license or consecutive licenses issued under	54987
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code.	54988

(B) No operator of a manufactured home park shall sell	54989
individual lots in a park for eight years following the issuance	54990
of the initial license for the park unless, at the time of sale,	54991
the park fulfills all platting and subdivision requirements	54992
established by the political subdivision in which the park is	54993
located, or the political subdivision has entered into an	54994
agreement with the operator regarding platting and subdivision	54995
requirements and the operator has fulfilled the terms of that	54996
agreement.	54997

~~Sec. 3733.07.~~ Sec. 4781.301. Fees authorized or charged under	54998
sections ~~3733.021, 3733.022~~4781.31, 4781.32, and ~~3733.04~~4781.28	54999
of the Revised Code are in lieu of all license and inspection fees	55000
on or with respect to the operation or ownership of manufactured	55001
home parks within this state, except that the licensor may charge	55002
additional reasonable fees for the collection and bacteriological	55003
examination of any necessary water samples taken from any such	55004
park.	55005

~~Sec. 3733.021.~~ Sec. 4781.31. (A) No person shall cause development	55006
to occur within any portion of a manufactured home park until the	55007
plans for the development have been submitted to and reviewed and	55008
approved by the ~~director of health~~manufactured homes commission.	55009
This division does not require that plans be submitted to the	55010
~~director~~commission for approval for the replacement of	55011
manufactured or mobile homes on previously approved lots in a	55012
manufactured home park when no development is to occur in	55013
connection with the replacement. Within thirty days after receipt	55014
of the plans, all supporting documents and materials required to	55015
complete the review, and the applicable plan review fee	55016
established under division (D) of this section, the ~~director~~	55017
commission shall approve or disapprove the plans.	55018

(B) Any person aggrieved by the ~~director's~~commission's	55019
disapproval of a set of plans under division (A) of this section	55020
may request a hearing on the matter within thirty days after	55021
receipt of the ~~director's~~commission's notice of the disapproval.	55022
The hearing shall be held in accordance with Chapter 119. of the	55023
Revised Code. Thereafter, the disapproval may be appealed in the	55024
manner provided in section 119.12 of the Revised Code.	55025

(C) The ~~director~~commission shall establish a system by which	55026
development occurring within a manufactured home park is inspected	55027
or verified in accordance with rules adopted under ~~division (A) of~~	55028
section ~~3733.02~~4781.26 of the Revised Code to ensure that the	55029
development complies with the plans approved under division (A) of	55030
this section.	55031

(D) The ~~public health council~~commission shall establish fees	55032
for reviewing plans under division (A) of this section and	55033
conducting inspections under division (C) of this section.	55034

(E) The ~~director~~commission shall charge the appropriate fees	55035
established under division (D) of this section for reviewing plans	55036
under division (A) of this section and conducting inspections	55037
under division (C) of this section. All such plan review and	55038
inspection fees received by the ~~director~~commission shall be	55039
transmitted to the treasurer of state and shall be credited to the	55040
~~general operations~~occupational licensing and regulatory fund	55041
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	55042
credited to the fund shall be used only for the purpose of	55043
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	55044
4781.35 of the Revised Code and rules adopted under those	55045
sections.	55046

(F) Plan approvals issued under this section do not	55047
constitute an exemption from the land use and building	55048
requirements of the political subdivision in which the	55049
manufactured home park is or is to be located.	55050

~~Sec. 3733.022.~~ Sec. 4781.32. (A) No person shall cause development	55051
to occur or cause the replacement of a mobile or manufactured home	55052
within any portion of a manufactured home park that is located	55053
within a one-hundred-year flood plain unless the person first	55054
obtains a permit from the ~~director of health or a licensor~~	55055
~~authorized by the director~~manufactured homes commission. If the	55056
development for which a permit is required under this division is	55057
to occur on a lot where a mobile or manufactured home is or is to	55058
be located, the owner of the home and the operator of the	55059
manufactured home park shall jointly obtain the permit. Each of	55060
the persons to whom a permit is jointly issued is responsible for	55061
compliance with the provisions of the approved permit that are	55062
applicable to that person.	55063

The ~~director or a licensor authorized by the director~~	55064
commission shall disapprove an application for a permit required	55065
under this division unless the ~~director or the licensor~~commission	55066
finds that the proposed development or replacement of a mobile or	55067
manufactured home complies with the rules adopted under ~~division~~	55068
~~(A) of~~ section ~~3733.02~~4781.26 of the Revised Code. No permit is	55069
required under this division for the construction, erection, or	55070
manufacture of any building to which section 3781.06 of the	55071
Revised Code applies.	55072

The ~~director or a licensor authorized by the director~~	55073
commission may suspend or revoke a permit issued under this	55074
division for failure to comply with the rules adopted under	55075
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	55076
pertaining to flood plain management or for failure to comply with	55077
the approved permit.	55078

Any person aggrieved by the disapproval, suspension, or	55079
revocation of a permit under this division by the ~~director or by a~~	55080
~~licensor authorized by the director~~commission may request a	55081
hearing on the matter within thirty days after receipt of the	55082
notice of the disapproval, suspension, or revocation. The hearing	55083
shall be held in accordance with Chapter 119. of the Revised Code.	55084
Thereafter, an appeal of the disapproval, suspension, or	55085
revocation may be taken in the manner provided in section 119.12	55086
of the Revised Code.	55087

(B) The ~~public health council~~commission shall establish fees	55088
for the issuance of permits under division (A) of this section and	55089
for necessary inspections conducted to determine compliance with	55090
those permits.	55091

(C) The ~~director or a licensor authorized by the director~~	55092
commission shall charge the appropriate fee established under	55093
division (B) of this section for the issuance of a permit under	55094
division (A) of this section or for conducting any necessary	55095
inspection to determine compliance with the permit. If the	55096
~~director~~commission issues such a permit or conducts such an	55097
inspection, the fee for the permit or inspection shall be	55098
transmitted to the treasurer of state and shall be credited to the	55099
~~general operations~~occupational licensing and regulatory fund	55100
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	55101
credited to the fund shall be used ~~by the director~~ only for the	55102
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	55103
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	55104
sections. ~~If the licensor is a board of health, the permit or~~	55105
~~inspection fee shall be deposited to the credit of the special~~	55106
~~fund of the health district created in section 3733.04 of the~~	55107
~~Revised Code and shall be used only for the purpose set forth in~~	55108
~~that section.~~	55109

~~Sec. 3733.024.~~ Sec. 4781.33. ~~(A)~~ When a flood event affects a	55110
manufactured home park, the operator of the manufactured home	55111
park, in accordance with rules adopted under ~~division (A) of~~	55112
section ~~3733.02~~4781.26 of the Revised Code, shall notify the	55113
~~licensor having jurisdiction of the occurrence of~~manufactured	55114
homes commission and the board of health having jurisdiction where	55115
the flood event occurred within forty-eight hours after the end of	55116
the flood event. The commission, after receiving notification,	55117
shall immediately notify the board of health.	55118

~~No person shall fail to comply with this division.~~

55119

~~(B) The licensor having jurisdiction where a flood event~~	55120
~~occurred that affected a manufactured home park shall notify the~~	55121
~~director of health of the occurrence of the flood event within~~	55122
~~twenty-four hours after being notified of the flood event under~~	55123
~~division (A) of this section. Within forty-eight hours after~~After	55124
being notified of such a flood event ~~by a licensor~~, the ~~director~~	55125
board of health shall cause an inspection to be made of the	55126
manufactured home park named in the notice. The board of health	55127
shall issue a report of the inspection to the commission within	55128
ten days after the inspection is completed.	55129

~~Sec. 3733.025.~~ Sec. 4781.34. (A) If a mobile or manufactured home	55130
that is located in a flood plain is substantially damaged, the	55131
owner of the home shall make all alterations, repairs, or changes	55132
to the home, and the operator of the manufactured home park shall	55133
make all alterations, repairs, or changes to the lot on which the	55134
home is located, that are necessary to ensure compliance with the	55135
flood plain management rules adopted under ~~division (A) of~~ section	55136
~~3733.02~~4781.26 of the Revised Code. Such alterations, repairs, or	55137
changes may include, without limitation, removal of the home or	55138
other structures.	55139

No person shall fail to comply with this division.

55140

(B) No person shall cause to be performed any alteration,	55141
repair, or change required by division (A) of this section unless	55142
the person first obtains a permit from the ~~director of health or a~~	55143
~~licensor authorized by the director~~manufactured homes commission.	55144
~~The owner of the home and the operator of the manufactured home~~	55145
~~park shall jointly obtain the permit required by this division.~~	55146
~~Each of the persons to whom a permit is jointly issued is~~	55147
~~responsible for compliance with the provisions of the approved~~	55148
~~permit that are applicable to that person.~~	55149

The ~~director or a licensor authorized by the director~~	55150
commission shall disapprove an application for a permit required	55151
under this division unless the ~~director or the licensor~~commission	55152
finds that the proposed alteration, repair, or change complies	55153
with the rules adopted under ~~division (A) of~~ section ~~3733.02~~	55154
4781.26 of the Revised Code. No permit is required under this	55155
division for the construction, erection, or manufacture of any	55156
building to which section 3781.06 of the Revised Code applies.	55157

The ~~director or a licensor authorized by the director~~	55158
commission may suspend or revoke a permit issued under this	55159
division for failure to comply with the rules adopted under	55160
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	55161
pertaining to flood plain management or for failure to comply with	55162
the approved permit for making alterations, repairs, or changes to	55163
the lot on which the manufactured home is located.	55164

Any person aggrieved by the disapproval, suspension, or	55165
revocation of a permit under this division by the ~~director or by a~~	55166
~~licensor authorized by the director~~commission may request a	55167
hearing on the matter within thirty days after receipt of the	55168
notice of the disapproval, suspension, or revocation. The hearing	55169
shall be held in accordance with Chapter 119. of the Revised Code.	55170
Thereafter, an appeal of the disapproval, suspension, or	55171
revocation may be taken in the manner provided in section 119.12	55172
of the Revised Code and for necessary inspections conducted to	55173
determine compliance with those permits.	55174

(C) The ~~public health council~~commission shall establish fees	55175
for the issuance of permits under division (B) of this section and	55176
for necessary inspections conducted to determine compliance with	55177
those permits for making alterations, repairs, or changes to the	55178
lot on which the manufactured home is located.	55179

(D) The ~~director or a licensor authorized by the director~~	55180
commission shall charge the appropriate fee established under	55181
division (C) of this section for the issuance of a permit under	55182
division (B) of this section or for conducting any necessary	55183
inspection to determine compliance with the permit. If the	55184
~~director~~commission issues such a permit or conducts such an	55185
inspection, the fee for the permit or inspection shall be	55186
transmitted to the treasurer of state and shall be credited to the	55187
~~general operations~~occupational licensing and regulatory fund	55188
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	55189
credited to the fund shall be used ~~by the director~~ only for the	55190
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	55191
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	55192
sections. ~~If the licensor is a board of health, the permit or~~	55193
~~inspection fee shall be deposited to the credit of the special~~	55194
~~fund of the health district created in section 3733.04 of the~~	55195
~~Revised Code and shall be used only for the purpose set forth in~~	55196
~~that section.~~	55197

~~Sec. 3733.08.~~ Sec. 4781.35. (A) No person shall violate sections	55198
~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or the	55199
rules adopted thereunder.	55200

(B) The prosecuting attorney of the county, the city director	55201
of law, or the attorney general, upon complaint of the ~~licensor or~~	55202
~~the director of health~~manufactured homes commission, shall	55203
prosecute to termination or bring an action for injunction against	55204
any person violating sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	55205
of the Revised Code or the rules adopted thereunder.	55206

~~Sec. 3733.09.~~ Sec. 4781.36. (A) Subject to section ~~3733.091~~	55207
4781.37 of the Revised Code, a park operator shall not retaliate	55208
against a resident by increasing the resident's rent, decreasing	55209
services that are due to the resident, refusing to renew or	55210
threatening to refuse to renew the rental agreement with the	55211
resident, or bringing or threatening to bring an action for	55212
possession of the resident's premises because:	55213

(1) The resident has complained to an appropriate	55214
governmental agency of a violation of a building, housing, health,	55215
or safety code that is applicable to the premises, and the	55216
violation materially affects health and safety;	55217

(2) The resident has complained to the park operator of any	55218
violation of section ~~3733.10~~4781.38 of the Revised Code;	55219

(3) The resident joined with other residents for the purpose	55220
of negotiating or dealing collectively with the park operator on	55221
any of the terms and conditions of a rental agreement.	55222

(B) If a park operator acts in violation of division (A) of	55223
this section, the resident may:	55224

(1) Use the retaliatory action of the park operator as a	55225
defense to an action by the park operator to recover possession of	55226
the premises;	55227

(2) Recover possession of the premises;

55228

(3) Terminate the rental agreement.

55229

In addition, the resident may recover from the park operator	55230
any actual damages together with reasonable attorneys fees.	55231

(C) Nothing in division (A) of this section prohibits a park	55232
operator from increasing the rent to reflect the cost of	55233
improvements installed by the park operator in or about the	55234
premises or to reflect an increase in other costs of operation of	55235
the premises.	55236

~~Sec. 3733.091.~~ Sec. 4781.37. (A) Notwithstanding section ~~3733.09~~	55237
4781.36 of the Revised Code, a park operator may bring an action	55238
under Chapter 1923. of the Revised Code for possession of the	55239
premises if any of the following applies:	55240

(1) The resident is in default in the payment of rent.

55241

(2) The violation of the applicable building, housing,	55242
health, or safety code that the resident complained of was	55243
primarily caused by any act or lack of reasonable care by the	55244
resident, by any other person in the resident's household, or by	55245
anyone on the premises with the consent of the resident.	55246

(3) The resident is holding over the resident's term.

55247

(4) The resident is in violation of rules of the ~~public~~	55248
~~health council~~manufactured homes commission adopted pursuant to	55249
section ~~3733.02~~4781.26 of the Revised Code or rules of the	55250
manufactured home park adopted pursuant to the rules of the ~~public~~	55251
~~health council~~commission.	55252

(5) The resident has been absent from the manufactured home	55253
park for a period of thirty consecutive days prior to the	55254
commencement of the action, and the resident's manufactured home,	55255
mobile home, or recreational vehicle parked in the manufactured	55256
home park has been left unoccupied for that thirty-day period,	55257
without notice to the park operator and without payment of rent	55258
due under the rental agreement.	55259

(B) The maintenance of an action by the park operator under	55260
this section does not prevent the resident from recovering damages	55261
for any violation by the park operator of the rental agreement or	55262
of section ~~3733.10~~4781.38 of the Revised Code.	55263

~~Sec. 3733.10.~~ Sec. 4781.38. (A) A park operator who is a party to	55264
a rental agreement shall:	55265

(1) Comply with the requirements of all applicable building,	55266
housing, health, and safety codes which materially affect health	55267
and safety, and comply with rules of the ~~public health council~~	55268
manufactured homes commission;	55269

(2) Make all repairs and do whatever is reasonably necessary	55270
to put and keep the premises in a fit and habitable condition;	55271

(3) Keep all common areas of the premises in a safe and	55272
sanitary condition;	55273

(4) Maintain in good and safe working order and condition all	55274
electrical and plumbing fixtures and appliances, and septic	55275
systems, sanitary and storm sewers, refuse receptacles, and well	55276
and water systems that are supplied or required to be supplied by	55277
~~him~~the park operator;	55278

(5) Not abuse the right of access conferred by division (B)	55279
of section ~~3733.101~~4781.39 of the Revised Code;	55280

(6) Except in the case of emergency or if it is impracticable	55281
to do so, give the resident reasonable notice of ~~his~~the park	55282
operator's intent to enter onto the residential premises and enter	55283
only at reasonable times. Twenty-four hours' notice shall be	55284
presumed to be a reasonable notice in the absence of evidence to	55285
the contrary.	55286

(B) If the park operator violates any provision of this	55287
section, makes a lawful entry onto the residential premises in an	55288
unreasonable manner, or makes repeated demands for entry otherwise	55289
lawful which demands have the effect of harassing the resident,	55290
the resident may recover actual damages resulting from the	55291
violation, entry, or demands and injunctive relief to prevent the	55292
recurrence of the conduct, and if hethe resident obtains a	55293
judgment, reasonable attorneys' fees, or terminate the rental	55294
agreement.	55295

~~Sec. 3733.101.~~ Sec. 4781.39. (A) A resident who is a party to a	55296
rental agreement shall:	55297

(1) Keep that part of the premises that the resident occupies	55298
and uses safe and sanitary;	55299

(2) Dispose of all rubbish, garbage, and other waste in a	55300
clean, safe, and sanitary manner;	55301

(3) Comply with the requirements imposed on residents by all	55302
applicable state and local housing, health, and safety codes,	55303
rules of the ~~public health council~~manufactured homes commission,	55304
and rules of the manufactured home park;	55305

(4) Personally refrain, and forbid any other person who is on	55306
the premises with the resident's permission, from intentionally or	55307
negligently destroying, defacing, damaging, or removing any	55308
fixture, appliance, or other part of the residential premises;	55309

(5) Conduct self and require other persons on the premises	55310
with the resident's consent to conduct themselves in a manner that	55311
will not disturb the resident's neighbors' peaceful enjoyment of	55312
the manufactured home park.	55313

(B) The resident shall not unreasonably withhold consent for	55314
the park operator to enter the home to inspect utility	55315
connections, or enter onto the premises in order to inspect the	55316
premises, make ordinary, necessary, or agreed repairs,	55317
decorations, alterations, or improvements, deliver parcels which	55318
are too large for the resident's mail facilities, or supply	55319
necessary or agreed services.	55320

(C) If the resident violates any provision of this section,	55321
the park operator may recover any actual damages which result from	55322
the violation and reasonable attorneys' fees. This remedy is in	55323
addition to any right of the park operator to terminate the rental	55324
agreement, to maintain an action for the possession of the	55325
premises, or injunctive relief to compel access under division (B)	55326
of this section.	55327

~~Sec. 3733.11.~~ Sec. 4781.40. (A)(1) The park operator shall offer	55328
each home owner a written rental agreement for a manufactured home	55329
park lot for a term of one year or more that contains terms	55330
essentially the same as any alternative month-to-month rental	55331
agreement offered to current and prospective tenants and owners.	55332
The park operator shall offer the minimum one-year rental	55333
agreement to the owner prior to installation of the home in the	55334
manufactured home park or, if the home is in the manufactured home	55335
park, prior to the expiration of the owner's existing rental	55336
agreement.	55337

(2) The park operator shall deliver the offer to the owner by	55338
certified mail, return receipt requested, or in person. If the	55339
park operator delivers the offer to the owner in person, the owner	55340
shall complete a return showing receipt of the offer. If the owner	55341
does not accept the offer, the park operator is discharged from	55342
any obligation to make any further such offers. If the owner	55343
accepts the offer, the park operator shall, at the expiration of	55344
each successive rental agreement, offer the owner another rental	55345
agreement, for a term that is mutually agreed upon, and that	55346
contains terms essentially the same as the alternative	55347
month-to-month agreement. The park operator shall deliver	55348
subsequent rental offers by ordinary mail or personal delivery. If	55349
the park operator sells the manufactured home park to another	55350
manufactured home park operator, the purchaser is bound by the	55351
rental agreements entered into by the purchaser's predecessor.	55352

(3) If the park operator sells the manufactured home park for	55353
a use other than as a manufactured home park, the park operator	55354
shall give each tenant and owner a written notification by	55355
certified mail, return receipt requested, or by handing it to the	55356
tenant or owner in person. If the park operator delivers the	55357
notification in person, the recipient shall complete a return	55358
showing receipt of the notification. This notification shall	55359
contain notice of the sale of the manufactured home park, and	55360
notice of the date by which the tenant or owner shall vacate. The	55361
date by which the tenant shall vacate shall be at least one	55362
hundred twenty days after receipt of the written notification, and	55363
the date by which the owner shall vacate shall be at least one	55364
hundred eighty days after receipt of the written notification.	55365

(B) A park operator shall fully disclose in writing all fees,	55366
charges, assessments, including rental fees, and rules prior to a	55367
tenant or owner executing a rental agreement and assuming	55368
occupancy in the manufactured home park. No fees, charges,	55369
assessments, or rental fees so disclosed may be increased nor	55370
rules changed by a park operator without specifying the date of	55371
implementation of the changed fees, charges, assessments, rental	55372
fees, or rules, which date shall be not less than thirty days	55373
after written notice of the change and its effective date to all	55374
tenants or owners in the manufactured home park, and no fee,	55375
charge, assessment, or rental fee shall be increased during the	55376
term of any tenant's or owner's rental agreement. Failure on the	55377
part of the park operator to fully disclose all fees, charges, or	55378
assessments shall prevent the park operator from collecting the	55379
undisclosed fees, charges, or assessments. If a tenant or owner	55380
refuses to pay any undisclosed fees, charges, or assessments, the	55381
refusal shall not be used by the park operator as a cause for	55382
eviction in any court.	55383

(C) A park operator shall promulgate rules governing the	55384
rental or occupancy of a lot in the manufactured home park. The	55385
rules shall not be unreasonable, arbitrary, or capricious. A copy	55386
of the rules and any amendments to them shall be delivered by the	55387
park operator to the tenant or owner prior to signing the rental	55388
agreement. A copy of the rules and any amendments to them shall be	55389
posted in a conspicuous place upon the manufactured home park	55390
grounds.	55391

(D) No park operator shall require an owner to purchase from	55392
the park operator any personal property. The park operator may	55393
determine by rule the style or quality of skirting, equipment for	55394
tying down homes, manufactured or mobile home accessories, or	55395
other equipment to be purchased by an owner from a vendor of the	55396
owner's choosing, provided that the equipment is readily available	55397
to the owner. Any such equipment shall be installed in accordance	55398
with the manufactured home park rules.	55399

(E) No park operator shall charge any owner who chooses to	55400
install an electric or gas appliance in a home an additional fee	55401
solely on the basis of the installation, unless the installation	55402
is performed by the park operator at the request of the owner, nor	55403
shall the park operator restrict the installation, service, or	55404
maintenance of the appliance, restrict the ingress or egress of	55405
repairpersons to the manufactured home park for the purpose of	55406
installation, service, or maintenance of the appliance, nor	55407
restrict the making of any interior improvement in a home, if the	55408
installation or improvement is in compliance with applicable	55409
building codes and other provisions of law and if adequate utility	55410
services are available for the installation or improvement.	55411

(F) No park operator shall require a tenant to lease or an	55412
owner to purchase a manufactured or mobile home from the park	55413
operator or any specific person as a condition of or prerequisite	55414
to entering into a rental agreement.	55415

(G) No park operator shall require an owner to use the	55416
services of the park operator or any other specific person for	55417
installation of the manufactured or mobile home on the residential	55418
premises or for the performance of any service.	55419

(H) No park operator shall:

55420

(1) Deny any owner the right to sell the owner's manufactured	55421
home within the manufactured home park if the owner gives the park	55422
operator ten days' notice of the intention to sell the home;	55423

(2) Require the owner to remove the home from the	55424
manufactured home park solely on the basis of the sale of the	55425
home;	55426

(3) Unreasonably refuse to enter into a rental agreement with	55427
a purchaser of a home located within the operator's manufactured	55428
home park;	55429

(4) Charge any tenant or owner any fee, charge, or	55430
assessment, including a rental fee, that is not set forth in the	55431
rental agreement or, if the rental agreement is oral, is not set	55432
forth in a written disclosure given to the tenant or owner prior	55433
to the tenant or owner entering into a rental agreement;	55434

(5) Charge any owner any fee, charge, or assessment because	55435
of the transfer of ownership of a home or because a home is moved	55436
out of or into the manufactured home park, except a charge for the	55437
actual costs and expenses that are incurred by the park operator	55438
in moving the home out of or into the manufactured home park, or	55439
in installing the home in the manufactured home park and that have	55440
not been reimbursed by another tenant or owner.	55441

(I) If the park operator violates any provision of divisions	55442
(A) to (H) of this section, the tenant or owner may recover actual	55443
damages resulting from the violation, and, if the tenant or owner	55444
obtains a judgment, reasonable attorneys' fees, or terminate the	55445
rental agreement.	55446

(J) No rental agreement shall require a tenant or owner to	55447
sell, lease, or sublet the tenant's or owner's interest in the	55448
rental agreement or the manufactured or mobile home that is or	55449
will be located on the lot that is the subject of the rental	55450
agreement to any specific person or through any specific person as	55451
the person's agent.	55452

(K) No park operator shall enter into a rental agreement with	55453
the owner of a manufactured or mobile home for the use of	55454
residential premises, if the rental agreement requires the owner	55455
of the home, as a condition to the owner's renting, occupying, or	55456
remaining on the residential premises, to pay the park operator or	55457
any other person specified in the rental agreement a fee or any	55458
sum of money based on the sale of the home, unless the owner of	55459
the home uses the park operator or other person as the owner's	55460
agent in the sale of the home.	55461

(L) A park operator and a tenant or owner may include in a	55462
rental agreement any terms and conditions, including any term	55463
relating to rent, the duration of an agreement, and any other	55464
provisions governing the rights and obligations of the parties	55465
that are not inconsistent with or prohibited by sections 3733.09	55466
to 3733.20 of the Revised Code or any other rule of law.	55467

(M) Notwithstanding any other provision of the Revised Code,	55468
the owner of a manufactured or mobile home ~~that was previously~~	55469
~~titled by a dealer~~ may utilize the services of a manufactured ~~home~~	55470
housing dealer or broker licensed under Chapter ~~4517.~~4781. of the	55471
Revised Code or a person properly licensed under Chapter 4735. of	55472
the Revised Code to sell or lease the home.	55473

~~Sec. 3733.12.~~ Sec. 4781.41. (A) If a park operator fails to	55474
fulfill any obligation imposed upon ~~him~~the park operator by	55475
section ~~3733.10~~4781.38 of the Revised Code or by the rental	55476
agreement, or the conditions of the premises are such that the	55477
resident reasonably believes that a park operator has failed to	55478
fulfill any such obligations, or a governmental agency has found	55479
that the premises are not in compliance with building, housing,	55480
health, or safety codes which apply to any condition of the	55481
residential premises that could materially affect the health and	55482
safety of an occupant, the resident may give notice in writing to	55483
the park operator specifying the acts, omissions, or code	55484
violations that constitute noncompliance with such provisions. The	55485
notice shall be sent to the person or place where rent is normally	55486
paid.	55487

(B) If a park operator receives the notice described in	55488
division (A) of this section and after receipt of the notice fails	55489
to remedy the condition within a reasonable time, considering the	55490
severity of the condition and the time necessary to remedy such	55491
condition, or within thirty days, whichever is sooner, and if the	55492
resident is current in rent payments due under the rental	55493
agreement, the resident may do one of the following:	55494

(1) Deposit all rent that is due and thereafter becomes due	55495
the park operator with the clerk of court of the municipal or	55496
county court having jurisdiction in the territory in which the	55497
residential premises are located;	55498

(2) Apply to the court for an order directing the park	55499
operator to remedy the condition. As part thereof, the resident	55500
may deposit rent pursuant to division (B)(1) of this section, and	55501
may apply for an order reducing the periodic rent due the park	55502
operator until such time as the park operator does remedy the	55503
condition, and may apply for an order to use the rent deposited to	55504
remedy the condition. In any order issued pursuant to this	55505
division, the court may require the resident to deposit rent with	55506
the clerk of court as provided in division (B)(1) of this section.	55507

~~Sec. 3733.121.~~ Sec. 4781.42. (A) Whenever a resident deposits rent	55508
with the clerk of a court as provided in section ~~3733.12~~4781.41	55509
of the Revised Code, the clerk shall give written notice of this	55510
fact to the park operator and to ~~his~~the park operator's agent, if	55511
any.	55512

(B) The clerk shall place all rent deposited with ~~him~~the	55513
clerk in a separate rent escrow account in the name of the clerk	55514
in a bank or building and loan association domiciled in this	55515
state.	55516

(C) The clerk shall keep in a separate docket an account of	55517
each deposit, with the name and address of the resident, and the	55518
name and address of the park operator and of ~~his~~the park	55519
operator's agent, if any.	55520

(D) For ~~his~~the clerk's costs, the clerk may charge a fee of	55521
one per cent of the amount of the rent deposited, which shall be	55522
assessed as court costs.	55523

(E) All interest that has accrued on the rent deposited by	55524
the clerk of a county court under division (B) of this section	55525
shall be paid into the treasury of the political subdivision for	55526
which the clerk performs ~~his~~the clerk's duties. All interest that	55527
has accrued on the rent deposited by the clerk of a municipal	55528
court under division (B) of this section shall be paid into the	55529
city treasury as defined in division (B) of section 1901.03 of the	55530
Revised Code.	55531

~~Sec. 3733.122.~~ Sec. 4781.43. (A) A park operator who receives	55532
notice that rent due ~~him~~the park operator has been deposited with	55533
a clerk of court pursuant to section ~~3733.12~~4781.41 of the	55534
Revised Code, may:	55535

(1) Apply to the clerk of court for release of the rent on	55536
the ground that the condition contained in the notice given	55537
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	55538
Code has been remedied. The clerk shall forthwith release the	55539
rent, less costs, to the park operator if the resident gives	55540
written notice to the clerk that the condition has been remedied.	55541

(2) Apply to the court for release of the rent on the grounds	55542
that the resident did not comply with the notice requirement of	55543
division (A) of section ~~3733.12~~4781.41 of the Revised Code, or	55544
that the resident was not current in rent payments due under the	55545
rental agreement at the time the resident initiated rent deposits	55546
with the clerk of courts under division (B)(1) of section ~~3733.12~~	55547
4781.41 of the Revised Code;	55548

(3) Apply to the court for release of the rent on the grounds	55549
that there was no violation of any obligation imposed upon the	55550
park operator by section ~~3733.10~~4781.38 of the Revised Code or by	55551
the rental agreement, or by any building, housing, health, or	55552
safety code, or that the condition contained in the notice given	55553
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	55554
Code has been remedied.	55555

(B) The resident shall be named as a party to any action	55556
filed by the park operator under this section, and shall have the	55557
right to file an answer and counterclaim, as in other civil cases.	55558
A trial shall be held within sixty days of the date of filing of	55559
the park operator's complaint, unless for good cause shown the	55560
court grants a continuance.	55561

(C) If the court finds that there was no violation of any	55562
obligation imposed upon the park operator by section ~~3733.10~~	55563
4781.38 of the Revised Code or by the rental agreement, or by any	55564
building, housing, health, or safety code, or that the condition	55565
contained in the notice given pursuant to division (A) of section	55566
~~3733.12~~4781.41 of the Revised Code has been remedied, or that the	55567
resident did not comply with the notice requirement of division	55568
(A) of section ~~3733.12~~4781.41 of the Revised Code, or that the	55569
resident was not current in rent payments at the time the resident	55570
initiated rent deposits with the clerk of court under division	55571
(B)(1) of section ~~3733.12~~4781.41 of the Revised Code, the court	55572
shall order the release to the park operator of rent on deposit	55573
with the clerk, less costs.	55574

(D) If the court finds that the condition contained in the	55575
notice given pursuant to division (A) of section ~~3733.12~~4781.41	55576
of the Revised Code was the result of an act or omission of the	55577
resident, or that the resident intentionally acted in bad faith in	55578
proceeding under section ~~3733.12~~4781.41 of the Revised Code, the	55579
resident shall be liable for damages caused to the park operator,	55580
and for costs, together with reasonable attorneys' fees if the	55581
resident intentionally acted in bad faith.	55582

~~Sec. 3733.123.~~ Sec. 4781.44. (A) If a park operator brings an	55583
action for the release of rent deposited with a clerk of court,	55584
the court may, during the pendency of the action, upon application	55585
of the park operator, release part of the rent on deposit for	55586
payment of the periodic interest on a mortgage on the premises,	55587
the periodic principal payments on a mortgage on the premises, the	55588
insurance premiums for the premises, real estate taxes on the	55589
premises, utility services, repairs, and other customary and usual	55590
costs of operating the premises.	55591

(B) In determining whether to release rent for the payments	55592
described in division (A) of this section, the court shall	55593
consider the amount of rent the park operator receives from other	55594
lots, the cost of operating these lots, and the costs which may be	55595
required to remedy the condition contained in the notice given	55596
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	55597
Code.	55598

~~Sec. 3733.13.~~ Sec. 4781.45. If a resident commits a material	55599
violation of the rules of the manufactured home park, of the	55600
~~public health council~~manufactured homes commission, or of	55601
applicable state and local health and safety codes, the park	55602
operator may deliver a written notification of the violation to	55603
the resident. The notification shall contain all of the following:	55604

(A) A description of the violation;

55605

(B) A statement that the rental agreement will terminate upon	55606
a date specified in the written notice not less than thirty days	55607
after receipt of the notice unless the resident remedies the	55608
violation;	55609

(C) A statement that the violation was material and that if a	55610
second material violation of any park or ~~public health council~~	55611
commission rule, or any health and safety code, occurs within six	55612
months after the date of this notice, the rental agreement will	55613
terminate immediately;	55614

(D) A statement that a defense available to termination of	55615
the rental agreement for two material violations of park or ~~public~~	55616
~~health council~~commission rules, or of health and safety codes, is	55617
that the park rule is unreasonable, or that the park or ~~public~~	55618
~~health council~~commission rule, or health or safety code, is not	55619
being enforced against other manufactured home park residents, or	55620
that the two violations were not willful and not committed in bad	55621
faith.	55622

If the resident remedies the condition described in the	55623
notice, whether by repair, the payment of damages, or otherwise,	55624
the rental agreement shall not terminate. The park operator may	55625
terminate the rental agreement immediately if the resident commits	55626
a second material violation of the park or ~~public health council~~	55627
commission rules, or of applicable state and local health and	55628
safety codes, subject to the defense that the park rule is	55629
unreasonable, that the park or ~~public health council~~commission	55630
rule, or health or safety code, is not being enforced against	55631
other manufactured home park residents, or that the two violations	55632
were not willful and not committed in bad faith.	55633

~~Sec. 3733.14.~~ Sec. 4781.46. In any action under sections ~~3733.09~~	55634
4781.36 to ~~3733.20~~4781.52 of the Revised Code, any party may	55635
recover damages for the breach of contract or the breach of any	55636
duty that is imposed by law.	55637

~~Sec. 3733.15.~~ Sec. 4781.47. (A) No provision of sections ~~3733.09~~	55638
4781.36 to ~~3733.20~~4781.52 of the Revised Code may be modified or	55639
waived by any oral or written agreement except as provided in	55640
division (F) of this section.	55641

(B) No warrant of attorney to confess judgment shall be	55642
recognized in any rental agreement or in any other agreement	55643
between a park operator and resident for the recovery of rent or	55644
damages to the residential premises.	55645

(C) No agreement to pay the park operator's or resident's	55646
attorney fees shall be recognized in any rental agreement for	55647
residential premises or in any other agreement between a park	55648
operator and resident.	55649

(D) No agreement by a resident to the exculpation or	55650
limitation of any liability of the park operator arising under law	55651
or to indemnify the park operator for that liability or its	55652
related costs shall be recognized in any rental agreement or in	55653
any other agreement between a park operator and resident.	55654

(E) A rental agreement, or the assignment, conveyance, trust	55655
deed, or security instrument of the park operator's interest in	55656
the rental agreement may not permit the receipt of rent free of	55657
the obligation to comply with section ~~3733.10~~4781.38 of the	55658
Revised Code.	55659

(F) The park operator may agree to assume responsibility for	55660
fulfilling any duty or obligation imposed on a resident by section	55661
~~3733.101~~4781.39 of the Revised Code.	55662

~~Sec. 3733.16.~~ Sec. 4781.48. (A) If the court as a matter of law	55663
finds a rental agreement, or any clause of it, to have been	55664
unconscionable at the time it was made, it may refuse to enforce	55665
the rental agreement or it may enforce the remainder of the rental	55666
agreement without the unconscionable clause, or it may so limit	55667
the application of any unconscionable clause as to avoid any	55668
unconscionable result.	55669

(B) When it is claimed or appears to the court that the	55670
rental agreement, or any clause of it, may be unconscionable, the	55671
parties shall be afforded a reasonable opportunity to present	55672
evidence as to its setting, purpose, and effect to aid the court	55673
in making the determination.	55674

~~Sec. 3733.17.~~ Sec. 4781.49. (A) No park operator of residential	55675
premises shall initiate any act, including termination of	55676
utilities or services, exclusion from the premises, or threat of	55677
any unlawful act, against a resident, or a resident whose right to	55678
possession has terminated, for the purpose of recovering	55679
possession of residential premises, other than as provided in	55680
Chapters 1923., ~~3733.~~4781., and 5303. of the Revised Code.	55681

(B) No park operator of residential premises shall seize the	55682
furnishings or possessions of a resident, or of a resident whose	55683
right to possession was terminated, for the purpose of recovering	55684
rent payments, other than in accordance with an order issued by a	55685
court of competent jurisdiction.	55686

(C) A park operator who violates this section is liable in a	55687
civil action for all damages caused to a resident, or to a	55688
resident whose right to possession has terminated, together with	55689
reasonable attorneys' fees.	55690

~~Sec. 3733.18.~~ Sec. 4781.50. (A) Any security deposit in excess of	55691
fifty dollars or one month's periodic rent, whichever is greater,	55692
shall bear interest on the excess at the rate of five per cent per	55693
annum if the resident remains in possession of the premises for	55694
six months or more, and shall be computed and paid annually by the	55695
park operator to the resident.	55696

(B) Upon termination of the rental agreement any property or	55697
money held by the park operator as a security deposit may be	55698
applied to the payment of past due rent and to the payment of the	55699
amount of damages that the park operator has suffered by reason of	55700
the resident's noncompliance with section ~~3733.101~~4781.39 of the	55701
Revised Code or the rental agreement. Any deduction from the	55702
security deposit shall be itemized and identified by the park	55703
operator in a written notice delivered to the resident together	55704
with the amount due, within thirty days after termination of the	55705
rental agreement and delivery of possession. The resident shall	55706
provide the park operator in writing with a forwarding address or	55707
new address to which the written notice and amount due from the	55708
park operator may be sent. If the resident fails to provide the	55709
park operator with the forwarding or new address as required, the	55710
resident shall not be entitled to damages or attorneys' fees under	55711
division (C) of this section.	55712

(C) If the park operator fails to comply with division (B) of	55713
this section, the resident may recover the property and money due	55714
~~him~~the resident, together with damages in an amount equal to the	55715
amount wrongfully withheld, and reasonable attorneys' fees.	55716

~~Sec. 3733.19.~~ Sec. 4781.51. (A) Every written rental agreement for	55717
residential premises shall contain the name and address of the	55718
owner of the residential premises and the name and address of the	55719
owner's agent, if any. If the owner or the owner's agent is a	55720
corporation, partnership, limited partnership, association, trust,	55721
or other entity, the address shall be the principal place of	55722
business in the county in which the residential premises are	55723
situated or if there is no place of business in such county then	55724
its principal place of business in this state, and shall include	55725
the name of the person in charge thereof.	55726

(B) If the rental agreement is oral, the park operator, at	55727
the commencement of the term of occupancy, shall deliver to the	55728
resident a written notice containing the information required in	55729
division (A) of this section.	55730

(C) If the park operator fails to provide the notice of the	55731
name and address of the owner and owner's agent, if any, as	55732
required under division (A) or (B) of this section, the notices to	55733
the park operator required under division (A) of sections ~~3733.12~~	55734
4781.41 and ~~3733.121~~4781.42 of the Revised Code are waived by the	55735
park operator and the operator's agent.	55736

(D) Every written rental agreement for residential premises	55737
shall contain the following notice in ten-point boldface type:	55738

"YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK	55739
OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS ~~3733.09~~4781.36 TO	55740
~~3733.20~~4781.52 OF THE REVISED CODE, WHICH REGULATE RENTAL	55741
AGREEMENTS IN MANUFACTURED HOME PARKS."	55742

If the rental agreement is oral, the park operator, at the	55743
commencement of the term of occupancy, shall deliver the notice to	55744
the resident in writing.	55745

~~Sec. 3733.20.~~ Sec. 4781.52. No municipal corporation may adopt or	55746
continue in existence any ordinance and no township may adopt or	55747
continue in existence any resolution that is in conflict with	55748
sections ~~3733.09~~4781.36 to ~~3733.20~~4781.52 of the Revised Code,	55749
or that regulates those rights and obligations of parties to a	55750
rental agreement that are regulated by sections ~~3733.09~~4781.36 to	55751
~~3733.20~~4781.52 of the Revised Code. Sections ~~3733.09~~4781.36 to	55752
~~3733.20~~4781.52 of the Revised Code do not preempt any housing,	55753
building, health, or safety codes of any municipal corporation or	55754
township.	55755

Sec. 4781.54. There is hereby created in the state treasury	55756
the manufactured homes commission regulatory fund. The fund shall	55757
consist of fees collected under section 4781.121 of the Revised	55758
Code and fees paid under section 4781.28 of the Revised Code and	55759
shall be used for the purposes described in those sections.	55760

Sec. 4781.99. (A) Whoever violates division (A) of section	55761
4781.16 of the Revised Code is guilty of a minor misdemeanor on a	55762
first offense and shall be subject to a mandatory fine of one	55763
hundred dollars. On a second offense, the person is guilty of a	55764
misdemeanor of the first degree and shall be subject to a	55765
mandatory fine of one thousand dollars.	55766

(B) Whoever violates section 4781.20 of the Revised Code is	55767
guilty of a minor misdemeanor.	55768

(C) Whoever violates any of the following is guilty of a	55769
misdemeanor of the fourth degree:	55770

(1) Division (B) or (C) of section 4781.16 of the Revised	55771
Code;	55772

(2) Section 4781.22 of the Revised Code;

55773

(3) Section 4781.23 of the Revised Code;

55774

(4) Division (A) of section 4781.24 of the Revised Code;

55775

(5) Section 4781.25 of the Revised Code;

55776

(6) Division (A) of section 4781.35 of the Revised Code.

55777

Sec. 4905.01. As used in this chapter:

55778

(A) "Railroad" has the same meaning as in section 4907.02 of	55779
the Revised Code.	55780

(B) "Motor ~~transportation company~~carrier" has the same	55781
meaning as in ~~sections 4905.03 and 4921.02~~section 4923.01 of the	55782
Revised Code.	55783

(C) "~~Trailer~~Motor vehicle" and "public highway" have the	55784
same meanings as in section ~~4921.02~~4921.01 of the Revised Code.	55785

(D) ~~"Private motor carrier" and "motor vehicle" have the same~~	55786
~~meanings as in section 4923.02 of the Revised Code.~~	55787

~~(E)~~ "Ohio coal research and development costs" means all	55788
reasonable costs associated with a facility or project undertaken	55789
by a public utility for which a recommendation to allow the	55790
recovery of costs associated therewith has been made under	55791
division (B)(7) of section 1551.33 of the Revised Code, including,	55792
but not limited to, capital costs, such as costs of debt and	55793
equity; construction and operation costs; termination and	55794
retirement costs; costs of feasibility and marketing studies	55795
associated with the project; and the acquisition and delivery	55796
costs of Ohio coal used in the project, less any expenditures of	55797
grant moneys.	55798

Sec. 4905.02. (A) As used in this chapter, "public utility"	55799
includes every corporation, company, copartnership, person, or	55800
association, the lessees, trustees, or receivers of the foregoing,	55801
defined in section 4905.03 of the Revised Code, including any	55802
public utility that operates its utility not for profit, except	55803
the following:	55804

~~(A)~~(1) An electric light company that operates its utility	55805
not for profit;	55806

~~(B)~~(2) A public utility, other than a telephone company, that	55807
is owned and operated exclusively by and solely for the utility's	55808
customers, including any consumer or group of consumers	55809
purchasing, delivering, storing, or transporting, or seeking to	55810
purchase, deliver, store, or transport, natural gas exclusively by	55811
and solely for the consumer's or consumers' own intended use as	55812
the end user or end users and not for profit;	55813

~~(C)~~(3) A public utility that is owned or operated by any	55814
municipal corporation;	55815

~~(D)~~(4) A railroad as defined in sections 4907.02 and 4907.03	55816
of the Revised Code;	55817

~~(E)~~(5) Any provider, including a telephone company, with	55818
respect to its provision of any of the following:	55819

~~(1)~~(a) Advanced services as defined in 47 C.F.R. 51.5;

55820

~~(2)~~(b) Broadband service, however defined or classified by	55821
the federal communications commission;	55822

~~(3)~~(c) Information service as defined in the	55823
"Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20);	55824

~~(4)~~(d) Subject to division (A) of section 4927.03 of the	55825
Revised Code, internet protocol-enabled services as defined in	55826
section 4927.01 of the Revised Code;	55827

~~(5)~~(e) Subject to division (A) of section 4927.03 of the	55828
Revised Code, any telecommunications service as defined in section	55829
4927.01 of the Revised Code to which both of the following apply:	55830

~~(a)~~(i) The service was not commercially available on	55831
September 13, 2010, the effective date of the amendment of this	55832
section by S.B. 162 of the 128th general assembly.	55833

~~(b)~~(ii) The service employs technology that became available	55834
for commercial use only after September 13, 2010, the effective	55835
date of the amendment of this section by S.B. 162 of the 128th	55836
general assembly.	55837

(B)(1) "Public utility" includes a for-hire motor carrier	55838
even if the carrier is operated in connection with an entity	55839
described in division (A)(1), (2), (4), or (5) of this section.	55840

(2) Division (A) of this section shall not be construed to	55841
relieve a private motor carrier, operated in connection with an	55842
entity described in division (A)(1), (2), (4), or (5) of this	55843
section, from compliance with any of the following:	55844

(a) Chapter 4923. of the Revised Code;

55845

(b) Hazardous-material regulation under section 4921.15 of	55846
the Revised Code and division (H) of section 4921.19 of the	55847
Revised Code, or rules adopted thereunder;	55848

(c) Rules governing unified carrier registration adopted	55849
under section 4921.11 of the Revised Code.	55850

Sec. 4905.03. As used in this chapter:

55851

~~(A) Any~~, any person, firm, copartnership, voluntary	55852
association, joint-stock association, company, or corporation,	55853
wherever organized or incorporated, is:	55854

~~(1)~~(A) A telephone company, when engaged in the business of	55855
transmitting telephonic messages to, from, through, or in this	55856
state;	55857

~~(2)~~(B) A for-hire motor ~~transportation company~~carrier, when	55858
engaged in the business of ~~carrying and~~ transporting persons or	55859
property ~~or the business of providing or furnishing such~~	55860
~~transportation service, for hire, in or~~ by motor~~-propelled~~	55861
~~vehicles of any kind, including trailers, for the public in~~	55862
~~general, over any public street, road, or highway in this state~~	55863
vehicle for compensation, except ~~as provided~~when engaged in any	55864
of the operations in intrastate commerce described in divisions	55865
(B)(1) to (9) of section ~~4921.02~~4921.01 of the Revised Code, but	55866
including the carrier's agents, officers, and representatives, as	55867
well as employees responsible for hiring, supervising, training,	55868
assigning, or dispatching drivers and employees concerned with the	55869
installation, inspection, and maintenance of motor-vehicle	55870
equipment and accessories;	55871

~~(3)~~(C) An electric light company, when engaged in the	55872
business of supplying electricity for light, heat, or power	55873
purposes to consumers within this state, including supplying	55874
electric transmission service for electricity delivered to	55875
consumers in this state, but excluding a regional transmission	55876
organization approved by the federal energy regulatory commission;	55877

~~(4)~~(D) A gas company, when engaged in the business of	55878
supplying artificial gas for lighting, power, or heating purposes	55879
to consumers within this state or when engaged in the business of	55880
supplying artificial gas to gas companies or to natural gas	55881
companies within this state, but a producer engaged in supplying	55882
to one or more gas or natural gas companies, only such artificial	55883
gas as is manufactured by that producer as a by-product of some	55884
other process in which the producer is primarily engaged within	55885
this state is not thereby a gas company. All rates, rentals,	55886
tolls, schedules, charges of any kind, or agreements between any	55887
gas company and any other gas company or any natural gas company	55888
providing for the supplying of artificial gas and for compensation	55889
for the same are subject to the jurisdiction of the public	55890
utilities commission.	55891

~~(5)~~(E) A natural gas company, when engaged in the business of	55892
supplying natural gas for lighting, power, or heating purposes to	55893
consumers within this state. Notwithstanding the above, neither	55894
the delivery nor sale of Ohio-produced natural gas by a producer	55895
or gatherer under a public utilities commission-ordered exemption,	55896
adopted before, as to producers, or after, as to producers or	55897
gatherers, January 1, 1996, or the delivery or sale of	55898
Ohio-produced natural gas by a producer or gatherer of	55899
Ohio-produced natural gas, either to a lessor under an oil and gas	55900
lease of the land on which the producer's drilling unit is	55901
located, or the grantor incident to a right-of-way or easement to	55902
the producer or gatherer, shall cause the producer or gatherer to	55903
be a natural gas company for the purposes of this section.	55904

All rates, rentals, tolls, schedules, charges of any kind, or	55905
agreements between a natural gas company and other natural gas	55906
companies or gas companies providing for the supply of natural gas	55907
and for compensation for the same are subject to the jurisdiction	55908
of the public utilities commission. The commission, upon	55909
application made to it, may relieve any producer or gatherer of	55910
natural gas, defined in this section as a gas company or a natural	55911
gas company, of compliance with the obligations imposed by this	55912
chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923.	55913
of the Revised Code, so long as the producer or gatherer is not	55914
affiliated with or under the control of a gas company or a natural	55915
gas company engaged in the transportation or distribution of	55916
natural gas, or so long as the producer or gatherer does not	55917
engage in the distribution of natural gas to consumers.	55918

Nothing in division ~~(A)(5)~~(E) of this section limits the	55919
authority of the commission to enforce sections 4905.90 to 4905.96	55920
of the Revised Code.	55921

~~(6)~~(F) A pipe-line company, when engaged in the business of	55922
transporting natural gas, oil, or coal or its derivatives through	55923
pipes or tubing, either wholly or partly within this state;	55924

~~(7)~~(G) A water-works company, when engaged in the business of	55925
supplying water through pipes or tubing, or in a similar manner,	55926
to consumers within this state;	55927

~~(8)~~(H) A heating or cooling company, when engaged in the	55928
business of supplying water, steam, or air through pipes or tubing	55929
to consumers within this state for heating or cooling purposes;	55930

~~(9)~~(I) A messenger company, when engaged in the business of	55931
supplying messengers for any purpose;	55932

~~(10)~~(J) A street railway company, when engaged in the	55933
business of operating as a common carrier, a railway, wholly or	55934
partly within this state, with one or more tracks upon, along,	55935
above, or below any public road, street, alleyway, or ground,	55936
within any municipal corporation, operated by any motive power	55937
other than steam and not a part of an interurban railroad, whether	55938
the railway is termed street, inclined-plane, elevated, or	55939
underground railway;	55940

~~(11)~~(K) A suburban railroad company, when engaged in the	55941
business of operating as a common carrier, whether wholly or	55942
partially within this state, a part of a street railway	55943
constructed or extended beyond the limits of a municipal	55944
corporation, and not a part of an interurban railroad;	55945

~~(12)~~(L) An interurban railroad company, when engaged in the	55946
business of operating a railroad, wholly or partially within this	55947
state, with one or more tracks from one municipal corporation or	55948
point in this state to another municipal corporation or point in	55949
this state, whether constructed upon the public highways or upon	55950
private rights-of-way, outside of municipal corporations, using	55951
electricity or other motive power than steam power for the	55952
transportation of passengers, packages, express matter, United	55953
States mail, baggage, and freight. Such an interurban railroad	55954
company is included in the term "railroad" as used in section	55955
4907.02 of the Revised Code.	55956

~~(13)~~(M) A sewage disposal system company, when engaged in the	55957
business of sewage disposal services through pipes or tubing, and	55958
treatment works, or in a similar manner, within this state.	55959

~~(B) "Motor-propelled vehicle" means any automobile,~~	55960
~~automobile truck, motor bus, or any other self-propelled vehicle~~	55961
~~not operated or driven upon fixed rails or tracks.~~	55962

Sec. 4905.05. The jurisdiction, supervision, powers, and	55963
duties of the public utilities commission extend to every public	55964
utility and railroad, the plant or property of which lies wholly	55965
within this state and when the property of a public utility or	55966
railroad lies partly within and partly without this state to that	55967
part of such plant or property which lies within this state; to	55968
the persons or companies owning, leasing, or operating such public	55969
utilities and railroads; to the records and accounts of the	55970
business thereof done within this state; and to the records and	55971
accounts of any companies which are part of an electric utility	55972
holding company system exempt under section 3(a)(1) or (2) of the	55973
"Public Utility Holding Company Act of 1935," 49 Stat. 803, 15	55974
U.S.C. 79c, and the rules and regulations promulgated thereunder,	55975
insofar as such records and accounts may in any way affect or	55976
relate to the costs associated with the provision of electric	55977
utility service by any public utility operating in this state and	55978
part of such holding company system.	55979

Nothing in this section, or section 4905.06 or 4905.46 of the	55980
Revised Code pertaining to regulation of holding companies, grants	55981
the public utilities commission authority to regulate a holding	55982
company or its subsidiaries which are organized under the laws of	55983
another state, render no public utility service in the state of	55984
Ohio, and are regulated as a public utility by the public	55985
utilities commission of another state or primarily by a federal	55986
regulatory commission, nor do these grants of authority apply to	55987
public utilities that are excepted from the definition of "public	55988
utility" under divisions (A)(1) to ~~(C)~~(3) of section 4905.02 of	55989
the Revised Code.	55990

Sec. 4905.06. The public utilities commission has general	55991
supervision over all public utilities within its jurisdiction as	55992
defined in section 4905.05 of the Revised Code, and may examine	55993
such public utilities and keep informed as to their general	55994
condition, capitalization, and franchises, and as to the manner in	55995
which their properties are leased, operated, managed, and	55996
conducted with respect to the adequacy or accommodation afforded	55997
by their service, the safety and security of the public and their	55998
employees, and their compliance with all laws, orders of the	55999
commission, franchises, and charter requirements. The commission	56000
has general supervision over all other companies referred to in	56001
section 4905.05 of the Revised Code to the extent of its	56002
jurisdiction as defined in that section, and may examine such	56003
companies and keep informed as to their general condition and	56004
capitalization, and as to the manner in which their properties are	56005
leased, operated, managed, and conducted with respect to the	56006
adequacy or accommodation afforded by their service, and their	56007
compliance with all laws and orders of the commission, insofar as	56008
any of such matters may relate to the costs associated with the	56009
provision of electric utility service by public utilities in this	56010
state which are affiliated or associated with such companies. The	56011
commission, through the public utilities commissioners or	56012
inspectors or employees of the commission authorized by it, may	56013
enter in or upon, for purposes of inspection, any property,	56014
equipment, building, plant, factory, office, apparatus, machinery,	56015
device, and lines of any public utility. The power to inspect	56016
includes the power to prescribe any rule or order that the	56017
commission finds necessary for protection of the public safety. In	56018
order to assist the commission in the performance of its duties	56019
under this chapter, authorized employees of the motor carrier	56020
enforcement unit, created under section 5503.34 of the Revised	56021
Code in the division of state highway patrol, of the department of	56022
public safety may enter in or upon, for inspection purposes, any	56023
motor vehicle of any ~~motor transportation company or private~~ motor	56024
carrier ~~as defined in section 4923.02 of the Revised Code~~.	56025

In order to inspect motor vehicles owned or operated by a	56026
motor ~~transportation company~~carrier engaged in the transportation	56027
of persons, authorized employees of the motor carrier enforcement	56028
unit, division of state highway patrol, of the department of	56029
public safety may enter in or upon any property of any motor	56030
~~transportation company, as defined in section 4921.02 of the~~	56031
~~Revised Code,~~carrier engaged in the intrastate transportation of	56032
persons.	56033

Sec. 4905.402. (A) As used in this section:

56034

(1) "Control" means the possession of the power to direct the	56035
management and policies of a domestic telephone company or a	56036
holding company of a domestic telephone company, or the management	56037
and policies of a domestic electric utility or a holding company	56038
of a domestic electric utility, through the ownership of voting	56039
securities, by contract, or otherwise, but does not include the	56040
power that results from holding an official position or the	56041
possession of corporate office with the domestic company or	56042
utility or the holding company. Control is presumed to exist if	56043
any person, directly or indirectly, owns, controls, holds the	56044
power to vote, or holds with the power to vote proxies that	56045
constitute, twenty per cent or more of the total voting power of	56046
the domestic company or utility or the holding company.	56047

(2) "Electric utility" has the same meaning as in section	56048
4928.07 of the Revised Code.	56049

(3) "Holding company" excludes any securities broker	56050
performing the usual and customary broker's function.	56051

(4) "Telephone company" means any company described in	56052
division (A)~~(1)~~ of section 4905.03 of the Revised Code that is a	56053
public utility under section 4905.02 of the Revised Code and	56054
provides basic local exchange service, as defined in section	56055
4927.01 of the Revised Code.	56056

(B) No person shall acquire control, directly or indirectly,	56057
of a domestic telephone company or a holding company controlling a	56058
domestic telephone company or of a domestic electric utility or a	56059
holding company controlling a domestic electric utility unless	56060
that person obtains the prior approval of the public utilities	56061
commission under this section. To obtain approval the person shall	56062
file an application with the commission demonstrating that the	56063
acquisition will promote public convenience and result in the	56064
provision of adequate service for a reasonable rate, rental, toll,	56065
or charge. The application shall contain such information as the	56066
commission may require. If the commission considers a hearing	56067
necessary, it may fix a time and place for hearing. If, after	56068
review of the application and after any necessary hearing, the	56069
commission is satisfied that approval of the application will	56070
promote public convenience and result in the provision of adequate	56071
service for a reasonable rate, rental, toll, or charge, the	56072
commission shall approve the application and make such order as it	56073
considers proper. If the commission fails to issue an order within	56074
thirty days of the filing of the application, or within twenty	56075
days of the conclusion of a hearing, if one is held, the	56076
application shall be deemed approved by operation of law.	56077

(C) No domestic telephone company shall merge with another	56078
domestic telephone company unless the merging companies obtain the	56079
prior approval of the commission. An application seeking such	56080
approval shall be filed, processed, and decided in the manner	56081
provided for an application under division (B) of this section.	56082

(D) The commission shall adopt such rules as it finds	56083
necessary to carry out the provisions of this section.	56084

(E) If it appears to the commission or to any person that may	56085
be adversely affected that any person is engaged in or about to	56086
engage in any acts or practices that would violate division (B) or	56087
(C) of this section or any provision of a rule adopted under this	56088
section, the attorney general, when directed to do so by the	56089
commission, or the person claiming to be adversely affected may	56090
bring an action in any court of common pleas that has jurisdiction	56091
and venue to enjoin such acts or practices and enforce compliance.	56092
Upon a proper showing, the court shall grant, without bond, a	56093
restraining order or temporary or permanent injunction.	56094

(F) The courts of this state have jurisdiction over every	56095
person not a resident of or domiciled or authorized to do business	56096
in this state that files, or is prohibited from acting without	56097
first filing, an application under division (B) or (C) of this	56098
section, and over all actions involving such person arising out of	56099
violations of any provision of this section or of a rule adopted	56100
under this section. The secretary of state shall be the agent for	56101
service of process for any such person in any action, suit, or	56102
proceeding arising out of such violations. Copies of all such	56103
lawful process shall be served upon the secretary of state and	56104
transmitted by certified mail, with return receipt requested, by	56105
the secretary of state to such person at the person's last known	56106
address.	56107

Sec. 4905.54. Every public utility or railroad and every	56108
officer of a public utility or railroad shall comply with every	56109
order, direction, and requirement of the public utilities	56110
commission made under authority of this chapter and Chapters	56111
4901., 4903., 4907., and 4909.~~, 4921., and 4923.~~ of the Revised	56112
Code, so long as they remain in force. Except as otherwise	56113
specifically provided in ~~sections 4905.83,~~section 4905.95,	56114
~~4919.99, 4921.99, and 4923.99~~ of the Revised Code, the public	56115
utilities commission may assess a forfeiture of not more than ten	56116
thousand dollars for each violation or failure against a public	56117
utility or railroad that violates a provision of those chapters or	56118
that after due notice fails to comply with an order, direction, or	56119
requirement of the commission that was officially promulgated.	56120
Each day's continuance of the violation or failure is a separate	56121
offense. All forfeitures collected under this section shall be	56122
credited to the general revenue fund.	56123

Sec. 4905.57. Except as otherwise specifically provided in	56124
sections ~~4905.83,~~ 4905.96~~, 4919.99, 4921.99,~~ and 4923.99 of the	56125
Revised Code, actions to recover forfeitures provided for in this	56126
chapter and Chapters 4901., 4903., 4907., 4909., ~~4921.,~~ and 4923.	56127
of the Revised Code shall be prosecuted in the name of the state	56128
and may be brought in the court of common pleas of any county in	56129
which the public utility or, railroad, or motor carrier is	56130
located. Such actions shall be commenced and prosecuted by the	56131
attorney general when hethe attorney general is directed to do so	56132
by the public utilities commission. Moneys recovered by such	56133
actions shall be deposited in the state treasury to the credit of	56134
the general revenue fund.	56135

Sec. 4905.58. All prosecutions against a railroad or an	56136
officer, agent, or employee thereof, under Chapters 4901., 4903.,	56137
4905., 4907., and 4909.~~, 4921., and 4923.~~ and other sections of	56138
the Revised Code for penalties involving imprisonment shall be by	56139
indictment.	56140

Sec. 4905.80. The policy of this state is to:

56141

(A) Regulate transportation by motor carriers so as to	56142
recognize and preserve the inherent advantages of, and foster safe	56143
conditions in, that transportation and among those carriers in the	56144
public interest;	56145

(B) Promote safe and secure service by motor carriers,	56146
without unjust discriminations, undue preferences or advantages,	56147
and unfair or destructive competitive practices;	56148

(C) Improve the relations between, and coordinate	56149
transportation by and regulation of, motor carriers and other	56150
carriers;	56151

(D) Develop and preserve a highway transportation system	56152
properly adapted to the needs of commerce and the state;	56153

(E) Cooperate with the federal government and the several	56154
states, and the authorized officials thereof, and with any	56155
organization of motor carriers in the administration and	56156
enforcement of this chapter and Chapters 4901., 4903., 4907.,	56157
4909., 4921., and 4923. of the Revised Code.	56158

Sec. 4905.81. The public utilities commission shall:

56159

(A) Supervise and regulate each motor carrier;

56160

(B) Regulate the safety of operation of each motor carrier;

56161

(C) Adopt reasonable safety rules applicable to the highway	56162
transportation of persons or property in interstate and intrastate	56163
commerce by motor carriers;	56164

(D) Adopt safety rules applicable to the transportation and	56165
offering for transportation of hazardous materials in interstate	56166
and intrastate commerce by motor carriers. The rules shall not be	56167
incompatible with the requirements of the United States department	56168
of transportation.	56169

(E) Require the filing of reports and other data by motor	56170
carriers;	56171

(F) Adopt reasonable rules for the administration and	56172
enforcement of this chapter and Chapters 4901., 4903., 4907.,	56173
4909., 4921., and 4923. of the Revised Code applying to each motor	56174
carrier in this state;	56175

(G) Supervise and regulate motor carriers in all other	56176
matters affecting the relationship between those carriers and the	56177
public to the exclusion of all local authorities, except as	56178
provided in this section. The commission, in the exercise of the	56179
jurisdiction conferred upon it by this chapter and Chapters 4901.,	56180
4903., 4907., 4909., 4921., and 4923. of the Revised Code, may	56181
adopt rules affecting motor carriers, notwithstanding the	56182
provisions of any ordinance, resolution, license, or permit	56183
enacted, adopted, or granted by any township, municipal	56184
corporation, municipal corporation and county, or county. In case	56185
of conflict between any such ordinance, resolution, license, or	56186
permit, the order or rule of the commission shall prevail. Local	56187
subdivisions may adopt reasonable local police rules within their	56188
respective boundaries not inconsistent with those chapters and	56189
rules adopted under them.	56190

The commission has jurisdiction to receive, hear, and	56191
determine as a question of fact, upon complaint of any party or	56192
upon its own motion, and upon not less than fifteen days' notice	56193
of the time and place of the hearing and the matter to be heard,	56194
whether any corporation, company, association, joint-stock	56195
association, person, firm, or copartnership, or their lessees,	56196
legal or personal representatives, trustees, or receivers or	56197
trustees appointed by any court, is engaged as a motor carrier.	56198
The finding of the commission on such a question is a final order	56199
that may be reviewed as provided in section 4923.15 of the Revised	56200
Code.	56201

Sec. 4905.84. (A) As used in this section:

56202

(1) "Telecommunications relay service" means intrastate	56203
transmission services that provide the ability for an individual	56204
who has a hearing or speech impairment to engage in a	56205
communication by wire or radio with a hearing individual in a	56206
manner that is functionally equivalent to the ability of an	56207
individual who does not have a hearing or speech impairment to	56208
communicate using voice communication services by wire or radio.	56209
"Telecommunications relay service" includes services that enable	56210
two-way communication between an individual who uses a	56211
telecommunications device for the deaf or other nonvoice terminal	56212
device and an individual who does not use such a device.	56213

(2) "TRS provider" means an entity selected by the public	56214
utilities commission as the provider of telecommunications relay	56215
service for this state as part of the commission's intrastate	56216
telecommunications relay service program certified pursuant to	56217
federal law.	56218

(B) For the sole purpose of funding telecommunications relay	56219
service, the commission shall, not earlier than January 1, 2009,	56220
impose on and collect from each service provider that is required	56221
under federal law to provide its customers access to	56222
telecommunications relay service an annual assessment to pay for	56223
costs incurred by the TRS provider for providing such service in	56224
Ohio. The commission shall determine the appropriate service	56225
providers to be assessed the telecommunications relay service	56226
costs, including telephone companies as defined in division (A)~~(1)~~	56227
of section 4905.03 of the Revised Code, commercial mobile radio	56228
service providers, and providers of advanced services or internet	56229
protocol-enabled services that are competitive with or	56230
functionally equivalent to basic local exchange service as defined	56231
in section 4927.01 of the Revised Code.	56232

(C) The assessment shall be allocated proportionately among	56233
the appropriate service providers using a competitively neutral	56234
formula established by the commission based on the number of	56235
retail intrastate customer access lines or their equivalent. The	56236
commission shall annually reconcile the funds collected with the	56237
actual costs of providing telecommunications relay service when it	56238
issues the assessment and shall either proportionately charge the	56239
service providers for any amounts not sufficient to cover the	56240
actual costs or proportionately credit amounts collected in excess	56241
of the actual costs. The total amount assessed from all service	56242
providers shall not exceed the total telecommunications relay	56243
service costs.	56244

Each service provider that pays the assessment shall be	56245
permitted to recover the cost of the assessment. The method of	56246
recovery may include, but is not limited to, a customer billing	56247
surcharge.	56248

The commission shall deposit the money collected in the	56249
telecommunications relay service fund, which is hereby created in	56250
the state treasury, and shall use the money in that fund solely to	56251
compensate the TRS provider.	56252

(D) The commission shall take such measures as it considers	56253
necessary to protect the confidentiality of information provided	56254
to the commission pursuant to this section by service providers	56255
required to pay the assessment.	56256

(E) The commission may assess a forfeiture of not more than	56257
one thousand dollars on any service provider failing to comply	56258
with this section. Each day's continuance of such failure is a	56259
separate offense. The forfeiture shall be recovered in accordance	56260
with sections 4905.55 to 4905.60 of the Revised Code.	56261

(F) The jurisdiction and authority granted to the commission	56262
by this section is limited to the administration and enforcement	56263
of this section. The commission may adopt such rules as it finds	56264
necessary to carry out this section. The commission shall adopt	56265
rules under section 111.15 of the Revised Code to establish the	56266
assessment amounts and procedures.	56267

Sec. 4905.90. As used in sections 4905.90 to 4905.96 of the	56268
Revised Code:	56269

(A) "Contiguous property" includes, but is not limited to, a	56270
manufactured home park as defined in section ~~3733.01~~4781.01 of	56271
the Revised Code; a public or publicly subsidized housing project;	56272
an apartment complex; a condominium complex; a college or	56273
university; an office complex; a shopping center; a hotel; an	56274
industrial park; and a race track.	56275

(B) "Gas" means natural gas, flammable gas, or gas which is	56276
toxic or corrosive.	56277

(C) "Gathering lines" and the "gathering of gas" have the	56278
same meaning as in the Natural Gas Pipeline Safety Act and the	56279
rules adopted by the United States department of transportation	56280
pursuant to the Natural Gas Pipeline Safety Act, including 49	56281
C.F.R. part 192, as amended.	56282

(D) "Intrastate pipe-line transportation" has the same	56283
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as	56284
amended, but excludes the gathering of gas exempted by the Natural	56285
Gas Pipeline Safety Act.	56286

(E) "Master-meter system" means a pipe-line system that	56287
distributes gas within a contiguous property for which the system	56288
operator purchases gas for resale to consumers, including tenants.	56289
Such pipe-line system supplies consumers who purchase the gas	56290
directly through a meter, or by paying rent, or by other means.	56291
The term includes a master-meter system as defined in 49 C.F.R.	56292
191.3, as amended. The term excludes a pipeline within a	56293
manufactured home, mobile home, or a building.	56294

(F) "Natural Gas Pipeline Safety Act" means the "Natural Gas	56295
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671	56296
et seq., as amended.	56297

(G) "Operator" means any of the following:

56298

(1) A gas company or natural gas company as defined in	56299
section 4905.03 of the Revised Code, except that division	56300
~~(A)(5)~~(E) of that section does not authorize the public utilities	56301
commission to relieve any producer of gas, as a gas company or	56302
natural gas company, of compliance with sections 4905.90 to	56303
4905.96 of the Revised Code or the pipe-line safety code created	56304
under section 4905.91 of the Revised Code;	56305

(2) A pipe-line company, as defined in section 4905.03 of the	56306
Revised Code, when engaged in the business of transporting gas by	56307
pipeline;	56308

(3) A public utility that is excepted from the definition of	56309
"public utility" under division ~~(B)~~(A)(2) or ~~(C)~~(3) of section	56310
4905.02 of the Revised Code, when engaged in supplying or	56311
transporting gas by pipeline within this state;	56312

(4) Any person that owns, operates, manages, controls, or	56313
leases any of the following:	56314

(a) Intrastate pipe-line transportation facilities within	56315
this state;	56316

(b) Gas gathering lines within this state which are not	56317
exempted by the Natural Gas Pipeline Safety Act;	56318

56319

"Operator" does not include an ultimate consumer who owns a	56320
service line, as defined in 49 C.F.R. 192.3, as amended, on the	56321
real property of that ultimate consumer.	56322

(H) "Operator of a master-meter system" means a person	56323
described under division ~~(F)~~(G)(4)(c) of this section. An operator	56324
of a master-meter system is not a public utility under section	56325
4905.02 or a gas or natural gas company under section 4905.03 of	56326
the Revised Code.	56327

(I) "Person" means:

56328

(1) In addition to those defined in division (C) of section	56329
1.59 of the Revised Code, a joint venture or a municipal	56330
corporation;	56331

(2) Any trustee, receiver, assignee, or personal	56332
representative of persons defined in division ~~(H)~~(I)(1) of this	56333
section.	56334

(J) "Safety audit" means the public utilities commission's	56335
audit of the premises, pipe-line facilities, and the records,	56336
maps, and other relevant documents of a master-meter system to	56337
determine the operator's compliance with sections 4905.90 to	56338
4905.96 of the Revised Code and the pipe-line safety code.	56339

(K) "Safety inspection" means any inspection, survey, or	56340
testing of a master-meter system which is authorized or required	56341
by sections 4905.90 to 4905.96 of the Revised Code and the	56342
pipe-line safety code. The term includes, but is not limited to,	56343
leak surveys, inspection of regulators and critical valves, and	56344
monitoring of cathodic protection systems, where applicable.	56345

(L) "Safety-related condition" means any safety-related	56346
condition defined in 49 C.F.R. 191.23, as amended.	56347

(M) "Total Mcfs of gas it supplied or delivered" means the	56348
sum of the following volumes of gas that an operator supplied or	56349
delivered, measured in units per one thousand cubic feet:	56350

(1) Residential sales;

56351

(2) Commercial and industrial sales;

56352

(3) Other sales to public authorities;

56353

(4) Interdepartmental sales;

56354

(5) Sales for resale;

56355

(6) Transportation of gas.

56356

Sec. 4907.01. As used in sections 4907.01 to 4907.63 of the	56357
Revised Code:	56358

(A) "Public utility" has the same meaning as in section	56359
4905.02 of the Revised Code.	56360

(B) "Telephone company," "street railway company," and	56361
"interurban railroad company" have the same meanings as in section	56362
4905.03 of the Revised Code.	56363

(C) "Railroad" has the same meaning as in section 4907.02 of	56364
the Revised Code.	56365

(D) "Public highway" has the same meaning as in ~~sections~~	56366
~~4905.03 and 4921.02~~section 4921.01 of the Revised Code.	56367

Sec. 4907.02. As used in Chapters 4901., 4903., 4905.,	56368
4907., 4909., ~~4921., 4923.,~~ and 4959. of the Revised Code,	56369
"railroad" includes any corporation, company, individual, or	56370
association of individuals, or its lessees, trustees, or receivers	56371
appointed by a court, which owns, operates, manages, or controls a	56372
railroad or part of a railroad as a common carrier in this state,	56373
or which owns, operates, manages, or controls any cars or other	56374
equipment used on such a railroad, or which owns, operates,	56375
manages, or controls any bridges, terminals, union depots,	56376
sidetracks, docks, wharves, or storage elevators used in	56377
connection with such a railroad, whether owned by such railroad or	56378
otherwise, and means and includes express companies, water	56379
transportation companies, freight-line companies, sleeping car	56380
companies, and interurban railroad companies, and all persons and	56381
associations of persons, whether incorporated or not, operating	56382
such agencies for public use in the conveyance of persons or	56383
property within this state. All duties required of, and penalties	56384
imposed upon, a railroad or an officer or agent thereof insofar as	56385
they are applicable, are required and imposed upon express	56386
companies, water transportation companies, and interurban railroad	56387
companies, and upon their officers and agents.	56388

The public utilities commission has the power of supervision	56389
and control of express companies, water transportation companies,	56390
and interurban railroad companies to the same extent as railroads.	56391

Sec. 4907.04. Chapters 4901., 4903., 4905., 4907., and	56392
4909.~~, 4921., 4923., and 4925.~~ of the Revised Code do not apply to	56393
street and electric railways engaged solely in the transportation	56394
of passengers within the limits of cities, or to other private	56395
railroads not doing business as common carriers.	56396

Sec. 4907.08. The public utilities commission shall inquire	56397
into any neglect or violation of the laws of this state by a	56398
railroad doing business in this state, by its officers, agents, or	56399
employees, or by any person operating a railroad. The commission	56400
shall enforce Chapters 4901., 4903., 4905., 4907., 4909., ~~4921.,~~	56401
~~4923.,~~ and 4959. of the Revised Code, as well as all other laws	56402
relating to railroads, and report violations thereof to the	56403
attorney general.	56404

If, upon complaint or otherwise, the commission has reason to	56405
believe that a railroad or any officer, agent, or employee of a	56406
railroad has violated or is violating any law of this state, or if	56407
it has reason to believe that differences have arisen between	56408
citizens of the state and any railroad operating as a common	56409
carrier within this state, it shall examine into the matter.	56410

Sec. 4907.19. The public utilities commission shall cause	56411
blank forms to be prepared suitable for the purposes designated in	56412
Chapters 4901., 4903., 4905., 4907., and 4909.~~, 4921., 4923., and~~	56413
~~4925.~~ of the Revised Code which shall conform as nearly as	56414
practicable to the forms prescribed by the interstate commerce	56415
commission, and, when necessary, furnish such blank forms to each	56416
railroad.	56417

Sec. 4907.28. No railroad shall charge, demand, collect, or	56418
receive a greater or less compensation for the transportation of	56419
passengers or property, or for any service in connection	56420
therewith, than is specified in the printed schedules referred to	56421
in sections 4907.25 to 4907.27~~, inclusive,~~ of the Revised Code,	56422
including schedules of joint rates, as being then in force. The	56423
rates, fares, and charges named in such schedules shall be the	56424
lawful rates, fares, and charges until they are changed as	56425
provided in Chapters 4901., 4903., 4905., 4907., and 4909.~~, 4921.,~~	56426
~~4923., and 4925.~~ of the Revised Code.	56427

Sec. 4907.35. If a railroad, or an agent or officer of a	56428
railroad, by special rate, rebate, drawback, or by means of false	56429
billing, false classification, false weighing, or other device,	56430
charges, demands, collects, or receives, either directly or	56431
indirectly, from any person, firm, or corporation, a greater or	56432
less compensation for service rendered or to be rendered by such	56433
railroad for the transportation of persons or property or any	56434
service in connection therewith, than that prescribed in the	56435
published tariffs then in force, or established as provided in	56436
Chapters 4901., 4903., 4905., 4907., and 4909.~~, 4921., 4923., and~~	56437
~~4925.~~ of the Revised Code, or a greater or less compensation than	56438
it charges, demands, collects, or receives from any other person,	56439
firm, or corporation for a like and contemporaneous service in the	56440
transportation of a like kind of traffic, under substantially	56441
similar circumstances and conditions, the railroad is guilty of	56442
unjust discrimination, which is hereby prohibited. Upon conviction	56443
of unjust discrimination, such railroad shall forfeit and pay into	56444
the state treasury not less than one hundred nor more than five	56445
thousand dollars for each offense.	56446

No agent or officer of a railroad shall violate this section.

56447

Sec. 4907.37. No common carrier subject to Chapters 4901.,	56448
4903., 4905., 4907., and 4909.~~, 4921., 4923., and 4925.~~ of the	56449
Revised Code shall make or give undue or unreasonable preference	56450
or advantage to a particular person, company, firm, corporation,	56451
or locality, or to any particular description of traffic, or	56452
subject any particular person, company, firm, corporation, or	56453
locality, or any particular description of traffic, to any undue	56454
or unreasonable prejudice or disadvantage in any respect.	56455

Sec. 4907.43. When the tracks of a railroad and the tracks	56456
of an interurban or suburban railway cross, connect, or intersect,	56457
and such tracks are of the same gauge, the companies owning such	56458
railroads may connect such tracks so as to admit the passage of	56459
cars from one to the other with facility.	56460

If any such railroads fail to make such connection, upon	56461
complaint of any party authorized by Chapters 4901., 4903., 4905.,	56462
4907., and 4909.~~, 4921., 4923., and 4925.~~ of the Revised Code to	56463
file complaint, the public utilities commission shall proceed to	56464
hear and determine the same in a manner provided for making	56465
investigations upon complaint.	56466

If upon such hearing the commission finds that it is	56467
practicable and reasonably necessary to ~~accomodate~~accommodate the	56468
public, to connect such tracks and that when so connected it will	56469
be practicable to transport cars over such railroad without	56470
endangering the equipment, tracks, or appliances of either	56471
company, the commission shall make an order requiring such	56472
railroads to make connection. Such order shall describe the terms	56473
and conditions and shall apportion the cost of making such	56474
connection between the railroads.	56475

When such connection is made, the railroads parties to it,	56476
according to their respective powers, shall afford all reasonable	56477
and proper facilities for the interchange of traffic between their	56478
respective lines for forwarding and delivering passengers and	56479
property, and without unreasonable delay or discrimination shall	56480
transfer, switch, and deliver freight or passenger cars destine to	56481
a point on its own or connecting lines. Precedence may be given to	56482
livestock and perishable freight over other freight. Whenever a	56483
derailing device is required at the intersection of any railroads	56484
mentioned in this section, it shall be installed, maintained, and	56485
operated as required by the commission, which may prescribe the	56486
necessary rules and regulations for such operation, and designate	56487
the companies that shall be responsible for the operation of such	56488
derailing device.	56489

Sec. 4907.49. When two or more railroads cross a public	56490
highway or street at a dangerous crossing, the expenses incurred	56491
in the erection and maintenance of gates, bells, or other devices,	56492
and of necessary gatekeepers or ~~flagmen~~flaggers, and apportioned	56493
by the public utilities commission as railroad expense, shall be	56494
shared equally by the railroads.	56495

Chapters 4901., 4903., 4905., 4907., and 4909.~~, 4921., and~~	56496
~~4923.~~ of the Revised Code do not prevent the use of automatic	56497
bells or other mechanical devices by a railroad at a public	56498
crossing not declared dangerous by the public utilities	56499
commission, nor do they prevent state, county, township, or	56500
municipal officials from entering into an agreement with a	56501
railroad to pay all or part of the expense of erecting a warning	56502
device. Any funds levied and made available for highways or street	56503
purposes may be used to pay the public share of the cost under	56504
such an agreement. If a gate is erected or a ~~flagman~~flagger is	56505
stationed and maintained by a railroad, either alone or pursuant	56506
to such an agreement, the gate or ~~flagman~~flagger shall not be	56507
abandoned nor an automatic bell or other mechanical device	56508
substituted for the gate or ~~flagman~~flagger, unless the commission	56509
consents to the abandonment or substitution.	56510

Sec. 4907.57. All claims, charges, or demands against a	56511
railroad for loss of or damage to property occurring while in the	56512
custody of such railroad and unreasonable delay in transportation	56513
and delivery, for overcharges upon a shipment, or for any other	56514
service in violation of Chapters 4901., 4903., 4905., 4907., and	56515
4909.~~, 4921., 4923., and 4925.~~ of the Revised Code, if not paid	56516
within sixty days from the date of the filing thereof with such	56517
railroad, may be submitted to the public utilities commission by a	56518
formal complaint. Such complaint shall be made upon blank forms	56519
which the commission shall provide upon demand of the claimant.	56520

Such complaint shall be verified as petitions in civil	56521
actions and may be accompanied by the sworn statements of any	56522
witnesses who have knowledge of any fact material to the inquiry.	56523
Upon the filing of such complaint the commission shall forthwith	56524
cite the railroad to answer the complaint, and the citation shall	56525
be accompanied with a brief statement of the claim. The answer of	56526
the railroad shall be filed within three weeks from the service of	56527
the citation and shall be verified as answers in civil cases, and	56528
may be accompanied with the affidavits of any witnesses having	56529
knowledge of facts material to the inquiry.	56530

The burden of proof shall be upon the railroad to show that	56531
loss or damage to property was not due to its negligence. The	56532
railroad to which property is delivered for shipment shall prima	56533
facie be liable for loss or damage occurring to such property in	56534
transit notwithstanding such property may be delivered to other	56535
railroads before reaching its destination. The claim referred to	56536
in this section for loss of or damage to property may be made to	56537
any carrier over whose lines the lost or damaged property was	56538
consigned, and such claimant may at ~~his~~the claimant's option join	56539
all of such railroads as parties defendant in ~~his~~the complaint	56540
before said commission. The railroad shall furnish the claimant	56541
with a copy of its answer and affidavits, and within two weeks	56542
from the filing of such answers the claimant may file ~~his~~a reply,	56543
with affidavits in support thereof, verified as replies in civil	56544
cases. At the expiration of said period of two weeks the	56545
commission shall proceed summarily to examine the complaint,	56546
answer, reply, and affidavits, and shall determine the existence	56547
and validity of the claim presented. If the commission finds in	56548
favor of the claimant it shall certify its findings to the clerk	56549
of the court of common pleas of the county in which the claimant	56550
resides or where the railroad or any of its offices is maintained.	56551

Sec. 4907.59. Upon request of the public utilities	56552
commission, the attorney general or the prosecuting attorney of	56553
the proper county shall aid in an investigation, prosecution,	56554
hearing, or trial had under Chapters 4901., 4903., 4905., 4907.,	56555
and 4909.~~, 4921., 4923., and 4925.~~ of the Revised Code, and shall	56556
institute and prosecute necessary actions or proceedings for the	56557
enforcement of such chapters and of other laws of this state	56558
relating to railroads, and for the punishment of all violations of	56559
such chapters and such other laws.	56560

Sec. 4907.60. If a railroad fails to perform a duty enjoined	56561
upon it by Chapter 4901., 4903., 4905., 4907., 4909., ~~4921.,~~	56562
~~4923.,~~ or 4959. of the Revised Code, or does any act prohibited by	56563
any of those chapters, for which failure or act no penalty or	56564
forfeiture has been provided by law, or fails to obey a lawful	56565
requirement or order made by the public utilities commission or	56566
order of any court upon application of the commission, the	56567
railroad, except as otherwise specifically provided in ~~sections~~	56568
~~4905.83,~~section 4905.95~~, 4919.99, 4921.99, and 4923.99~~ of the	56569
Revised Code, shall forfeit into the state treasury not less than	56570
one hundred nor more than ten thousand dollars for each violation	56571
or failure. In construing and enforcing this section, the act,	56572
omission, or failure of any officer, agent, or other person acting	56573
for or employed by a railroad, while acting within the scope of	56574
the officer's, agent's, or other person's employment, is the act,	56575
omission, or failure of the railroad.	56576

Sec. 4907.61. Except as otherwise specifically provided in	56577
sections ~~4905.83,~~ 4905.96~~, 4919.99, 4921.99,~~ and 4923.99 of the	56578
Revised Code, when the attorney general prosecutes an action for	56579
the recovery of a forfeiture provided for in Chapter 4901., 4903.,	56580
4905., 4907., 4909., 4921., 4923., or 4959. of the Revised Code,	56581
the attorney general may bring the action in the court of common	56582
pleas of Franklin county or of any county having jurisdiction of	56583
the defendant.	56584

Sec. 4907.62. If a railroad does, causes, or permits	56585
anything prohibited by Chapters 4901., 4903., 4905., 4907., and	56586
4909.~~, 4921., 4923., and 4925.~~ of the Revised Code to be done, or	56587
omits doing anything required to be done by such chapters, such	56588
railroad is liable to the person, firm, or corporation injured	56589
thereby in treble the amount of damages sustained in consequence	56590
of such violation or omission. A recovery provided by this section	56591
shall not affect a recovery by the state of the penalty prescribed	56592
for such violation.	56593

Sec. 4909.01. As used in this chapter:

56594

(A) "Public utility" has the same meaning as in section	56595
4905.02 of the Revised Code.	56596

(B) "Electric light company," "gas company," "natural gas	56597
company," "pipeline company," "water-works company," "sewage	56598
disposal system company," and "street railway company" have the	56599
same meanings as in section 4905.03 of the Revised Code.	56600

(C) "Railroad" has the same meaning as in section 4907.02 of	56601
the Revised Code.	56602

(D) "~~Motor transportation company~~For-hire motor carrier" has	56603
the same meaning as in ~~sections 4905.03 and 4921.02~~section	56604
4921.01 of the Revised Code.	56605

Sec. 4909.02. All regulations, practices, and service of	56606
railroad companies prescribed by the public utilities commission	56607
shall be in force and be prima-facie reasonable, unless suspended	56608
or found otherwise in an action brought for that purpose pursuant	56609
to Chapters 4901., 4903., 4905., 4907., and 4909.~~, 4921., and~~	56610
~~4923.~~ of the Revised Code, or until changed or modified by the	56611
commission.	56612

Sec. 4909.03. All rates, fares, charges, classifications,	56613
and joint rates of railroad companies fixed by the public	56614
utilities commission shall be in force and be prima-facie lawful	56615
for two years from the day they take effect, or until changed or	56616
modified by the commission or by an order of a competent court in	56617
an action under Chapters 4901., 4903., 4905., 4907., and 4909.,	56618
~~4921., and 4923.~~ of the Revised Code.	56619

Sec. 4909.17. No rate, joint rate, toll, classification,	56620
charge, or rental, no change in any rate, joint rate, toll,	56621
classification, charge, or rental, and no regulation or practice	56622
affecting any rate, joint rate, toll, classification, charge, or	56623
rental of a public utility shall become effective until the public	56624
utilities commission, by order, determines it to be just and	56625
reasonable, except as provided in this section and sections	56626
4909.18, 4909.19, and 4909.191 of the Revised Code. Such sections	56627
do not apply to any rate, joint rate, toll, classification,	56628
charge, or rental, or any regulation or practice affecting the	56629
same, of railroads, street and electric railways, for-hire motor	56630
~~transportation companies~~carriers, and pipe line companies.	56631

Sec. 4909.22. When passengers or property are transported	56632
over two or more connecting railroads between points in this	56633
state, and the railroad companies have made joint rates for the	56634
transportation of such passengers or property, such rates and all	56635
charges in connection therewith shall be just and reasonable.	56636
Every unjust and unreasonable charge is prohibited. A less charge	56637
by each of such railroads for its proportion of such joint rates	56638
than is made locally between the same points on their respective	56639
lines is not for that reason a violation of Chapters 4901., 4903.,	56640
4905., 4907., and 4909.~~, 4921., 4923., and 4925.~~ of the Revised	56641
Code and does not render such railroads liable to any of the	56642
penalties in such chapters.	56643

Sec. 4909.24. Upon complaint of a person, firm, corporation,	56644
or association, of a mercantile, agricultural, or manufacturing	56645
society, or of a body politic or municipal organization, that any	56646
of the rates, fares, charges, or classifications, or any joint	56647
rates are in any respect unreasonable or unjustly discriminatory,	56648
or that any regulation or practice, affecting the transportation	56649
of persons or property, or any service in connection therewith,	56650
are in any respect unreasonable or unjustly discriminatory, or	56651
that any service is inadequate, the public utilities commission	56652
may notify the railroad complained of that complaint has been	56653
made, and ten days after such notice proceed to investigate such	56654
charges as provided in Chapters 4901., 4903., 4905., 4907., and	56655
4909.~~, 4921., 4923., and 4925.~~ of the Revised Code. Before making	56656
such investigation, the commission shall give the railroad and the	56657
complainants ten days' notice of the time and place such matters	56658
will be considered and determined, and such parties are entitled	56659
to be heard and to have process to enforce the attendance of	56660
witnesses.	56661

A railroad may make complaint with like effect as though made	56662
by any person, firm, corporation, or association, ~~merctantile~~	56663
mercantile, agricultural, or manufacturing society, body politic,	56664
or municipal organization.	56665

Sec. 4909.28. If, upon an investigation under Chapters	56666
4901., 4903., 4905., 4907., and 4909.~~, 4921., 4923., and 4925.~~ of	56667
the Revised Code, the public utilities commission finds that any	56668
existing rate, fare, charge, or classification, any joint rate, or	56669
any regulation or practice affecting the transportation of persons	56670
or property, or service in connection therewith, is unreasonable	56671
or unjustly discriminatory, or that any service is inadequate, it	56672
shall determine and by order fix a reasonable rate, fare, charge,	56673
classification, joint rate, regulation, practice, or service to be	56674
imposed, observed, and followed in the future, in place of that so	56675
found to be unreasonable, unjustly discriminatory, or inadequate.	56676
A certified copy of each such order shall be delivered to an	56677
officer or station agent of the railroad affected, and such order	56678
shall of its own force take effect and become operative thirty	56679
days after service.	56680

All railroads to which such order applies shall make such	56681
changes in their schedules on file as are necessary to conform to	56682
such order, and no change shall thereafter be made by any railroad	56683
in any such rate, fare, or charge, or in any joint rate, without	56684
the approval of the commission.	56685

Sec. 4911.01. As used in this chapter:

56686

(A) "Public utility" means every one as defined in divisions	56687
(A)~~(1), (3), (4), (5), (6), (7), (8)~~, (C), (D), (E), (F), (G),	56688
(H), and ~~(13)~~(M) of section 4905.03 of the Revised Code, including	56689
all public utilities that operate their utilities not for profit,	56690
except the following:	56691

(1) Electric light companies that operate their utilities not	56692
for profit;	56693

(2) Public utilities, other than telephone companies, that	56694
are owned and operated exclusively by and solely for the	56695
utilities' customers;	56696

(3) Public utilities that are owned or operated by any	56697
municipal corporation;	56698

(4) Railroads as defined in sections 4907.02 and 4907.03 of	56699
the Revised Code.	56700

(B) "Residential consumer" means urban, suburban, and rural	56701
patrons of public utilities insofar as their needs for utility	56702
services are limited to their residence.	56703

Sec. 4921.01. As used in this chapter:

56704

(A) "Ambulance" has the same meaning as in section 4766.01 of	56705
the Revised Code.	56706

(B) "For-hire motor carrier" means a person engaged in the	56707
business of transporting persons or property by motor vehicle for	56708
compensation, except when engaged in any of the following in	56709
intrastate commerce:	56710

(1) The transportation of persons in taxicabs in the usual	56711
taxicab service;	56712

(2) The transportation of pupils in school busses operating	56713
to or from school sessions or school events;	56714

(3) The transportation of farm supplies to the farm or farm	56715
products from farm to market or to food fabricating plants;	56716

(4) The distribution of newspapers;

56717

(5) The transportation of crude petroleum incidental to	56718
gathering from wells and delivery to destination by pipe line;	56719

(6) The transportation of injured, ill, or deceased persons	56720
by hearse or ambulance;	56721

(7) The transportation of compost (a combination of manure	56722
and sand or shredded bark mulch) or shredded bark mulch;	56723

(8) The transportation of persons in a ridesharing	56724
arrangement when any fee charged each person so transported is in	56725
such amount as to recover only the person's share of the costs of	56726
operating the motor vehicle for such purpose;	56727

(9) The operation of motor vehicles for contractors on public	56728
road work.	56729

"For-hire motor carrier" includes the carrier's agents,	56730
officers, and representatives, as well as employees responsible	56731
for hiring, supervising, training, assigning, or dispatching	56732
drivers and employees concerned with the installation, inspection,	56733
and maintenance of motor-vehicle equipment and accessories.	56734

Divisions (B)(1) to (9) of this section shall not be	56735
construed to relieve a person from compliance with	56736
hazardous-material regulation under section 4921.15 of the Revised	56737
Code and division (H) of section 4921.19 of the Revised Code, or	56738
rules adopted thereunder, or from compliance with rules governing	56739
unified carrier registration adopted under section 4921.11 of the	56740
Revised Code.	56741

(C) "Household goods" means personal effects and property	56742
used or to be used in a dwelling, excluding property moving from a	56743
factory or store.	56744

(D) "Interstate commerce" means trade, traffic, or	56745
transportation in the United States that is any of the following:	56746

(1) Between a place in a state and a place outside of that	56747
state (including a place outside of the United States);	56748

(2) Between two places in a state through another state or a	56749
place outside of the United States;	56750

(3) Between two places in a state as part of trade, traffic,	56751
or transportation originating or terminating outside the state or	56752
the United States.	56753

(E) "Intrastate commerce" means any trade, traffic, or	56754
transportation in any state which is not described in the term	56755
"interstate commerce."	56756

(F) "Motor vehicle" means any vehicle, machine, tractor,	56757
trailer, or semitrailer propelled or drawn by mechanical power and	56758
used upon the highways in the transportation of persons or	56759
property, or any combination thereof, but does not include any	56760
vehicle, locomotive, or car operated exclusively on a rail or	56761
rails, or a trolley bus operated by electric power derived from a	56762
fixed overhead wire, furnishing local passenger transportation	56763
similar to street-railway service.	56764

(G) "Public highway" means any public street, road, or	56765
highway in this state, whether within or without the corporate	56766
limits of a municipal corporation.	56767

(H) "Ridesharing arrangement" means the transportation of	56768
persons in a motor vehicle where such transportation is incidental	56769
to another purpose of a volunteer driver, and includes ridesharing	56770
arrangements known as carpools, vanpools, and buspools.	56771

(I) "School bus" has the same meaning as in section 4511.01	56772
of the Revised Code.	56773

(J) "Trailer" means any vehicle without motive power designed	56774
or used for carrying persons or property and for being drawn by a	56775
separate motor vehicle, including any vehicle of the trailer type,	56776
whether designed or used for carrying persons or property wholly	56777
on its own structure, or so designed or used that a part of its	56778
own weight or the weight of its load rests upon and is carried by	56779
such motor vehicle.	56780

Sec. 4921.03. (A) No for-hire motor carrier may operate in	56781
intrastate commerce unless the carrier has a current and valid	56782
certificate of public convenience and necessity.	56783

(B) The public utilities commission shall issue a certificate	56784
of public convenience and necessity to any person who does all of	56785
the following:	56786

(1) Files with the commission, in accordance with rules	56787
adopted under section 4921.05 of the Revised Code, a complete and	56788
accurate application that shall include a certification that (a)	56789
the person understands and is in compliance with the applicable	56790
service, operation, and safety laws of this state and (b) the	56791
person meets the requirements of section 4921.09 of the Revised	56792
Code;	56793

(2) Agrees to maintain accurate and current business and	56794
insurance information with the commission, in accordance with the	56795
commission's rules;	56796

(3) Has paid all applicable registration fees in accordance	56797
with rules adopted under section 4921.11 of the Revised Code, all	56798
applicable taxes under section 4921.19 of the Revised Code, and	56799
any forfeitures imposed under section 4923.99 of the Revised Code.	56800

(C) The commission shall have no power to fix, alter, or	56801
establish rates for the transportation of persons or property, nor	56802
shall the commission have the power to require or accept the	56803
filing of tariffs establishing such rates, except that the	56804
commission may accept the filing of tariffs establishing rates for	56805
the transportation of household goods.	56806

(D) A for-hire motor carrier may, at any time after a	56807
certificate of public convenience and necessity is granted or	56808
refused, file a new application or supplement a former	56809
application.	56810

(E) The commission may deny issuance of a certificate of	56811
public convenience and necessity for failure to comply with this	56812
section or rules adopted under section 4921.05 of the Revised	56813
Code.	56814

Sec. 4921.05. The public utilities commission shall adopt	56815
rules prescribing the manner and form in which a person shall	56816
apply for a certificate of public convenience and necessity under	56817
section 4921.03 of the Revised Code. The rules shall include a	56818
requirement that applications be made in writing on the blanks	56819
furnished by the commission and contain any information and	56820
certifications deemed necessary by the commission to carry out	56821
this chapter.	56822

Sec. 4921.07. (A) The public utilities commission shall adopt	56823
rules regarding procedures and timelines by which a certificate of	56824
public convenience and necessity issued under section 4921.03 of	56825
the Revised Code may be suspended. At a minimum, the rules shall	56826
require suspension of a certificate if the for-hire motor carrier	56827
does any of the following:	56828

(1) Fails to file a complete and accurate application for the	56829
certificate under section 4921.03 of the Revised Code;	56830

(2) Fails to maintain accurate and current business and	56831
insurance information with the commission;	56832

(3) Fails to maintain proper proof of insurance or proper	56833
levels of insurance under section 4921.09 of the Revised Code;	56834

(4) Fails to pay all applicable registration fees in	56835
accordance with rules adopted under section 4921.11 of the Revised	56836
Code, all applicable taxes under section 4921.19 of the Revised	56837
Code, and any forfeitures imposed under section 4923.99 of the	56838
Revised Code;	56839

(5) Requests to suspend the carrier's operations.

56840

(B)(1) The commission shall adopt rules regarding procedures	56841
and timelines by which a certificate suspended under division (A)	56842
of this section may be revoked if the conditions giving rise to	56843
the suspension are not remedied.	56844

(2) The commission shall provide the carrier with written	56845
notice indicating the nature of the deficiency, a proposed	56846
effective date of the revocation, and the means by which the	56847
deficiency may be remedied. The carrier may correct the identified	56848
deficiency or submit evidence refuting the proposed revocation	56849
within sixty days from the date of the notice. The commission may	56850
extend the sixty-day period for good cause shown. The commission	56851
may revoke the certificate after the remedy period if the carrier	56852
has not provided sufficient evidence to remedy the deficiency.	56853

Sec. 4921.09. (A) No certificate of public convenience and	56854
necessity shall be issued by the public utilities commission to	56855
any for-hire motor carrier until the carrier has filed with the	56856
commission a liability insurance certificate, policy, or bond	56857
satisfactory to the commission, in the sum and with the provisions	56858
the commission considers necessary adequately to protect the	56859
interests of the public, having due regard for the number of	56860
persons and amount of property affected. The certificate, policy,	56861
or bond shall insure the carrier against loss sustained by reason	56862
of death or injuries to persons and for loss or damage to property	56863
resulting from the negligence of the carrier.	56864

(B) No certificate for the transportation of household goods	56865
shall be issued to a for-hire motor carrier pursuant to sections	56866
4921.30 to 4921.38 of the Revised Code until it has filed with the	56867
commission a freight cargo insurance certificate, policy, or bond	56868
that the commission has determined to be adequate to protect the	56869
interests of the shipping public.	56870

(C) The Commission shall adopt rules to achieve the purposes	56871
of this section that are not incompatible with the requirements of	56872
the United States department of transportation. The rules shall at	56873
a minimum address all of the following:	56874

(1) The minimum levels of financial responsibility for each	56875
type of for-hire motor carrier;	56876

(2) The form and type of documents to be filed with the	56877
commission;	56878

(3) The manner by which documents may be filed with the	56879
commission;	56880

(4) The timelines for filing documents with the commission.

56881

(D) If a certificate, policy, or bond required under division	56882
(A) of this section is canceled during its term or lapses for any	56883
reason, both of the following apply:	56884

(1) All operations under the certificate of public	56885
convenience and necessity shall cease immediately, and further	56886
operations shall not be conducted until a replacement is filed	56887
with the commission under division (D)(2) of this section.	56888

(2) The commission shall require the company to replace the	56889
certificate, policy, or bond with another that fully complies with	56890
the requirements of this section.	56891

The certificate of public convenience and necessity shall be	56892
reinstated only after a satisfactory insurance certificate,	56893
policy, or bond has been filed with the commission.	56894

(E) To ensure minimum standards of protection of consumers'	56895
household goods, the commission may adopt rules, not incompatible	56896
with the requirements of the United States department of	56897
transportation, governing requirements for cargo insurance for	56898
for-hire motor carriers engaged in the transportation of household	56899
goods over a public highway in this state.	56900

Sec. 4921.11. The public utilities commission shall adopt	56901
rules applicable to registration pursuant to the unified carrier	56902
registration plan, codified as 49 U.S.C. 14504a, and the rules,	56903
procedures, and fee schedules adopted thereunder, in accordance	56904
with division (G) of section 4921.19 of the Revised Code.	56905

Sec. 4921.13. (A) The public utilities commission shall adopt	56906
rules applicable to the filing of annual update forms and the	56907
payment of taxes by for-hire motor carriers. The rules shall not	56908
be incompatible with the requirements of the United States	56909
department of transportation. The rules shall at a minimum address	56910
all of the following:	56911

(1) The information and certifications that must be provided	56912
to the commission on an annual update form, including a	56913
certification that the carrier continues to be in compliance with	56914
the applicable laws of this state.	56915

(2) Documentation and information that must be provided	56916
regarding proof of financial responsibility;	56917

(3) The form and manner in which taxes may be paid under	56918
section 4921.19 of the Revised Code.	56919

(B) The rules may address any other information that the	56920
commission determines is necessary to carry out this section.	56921

(C) A for-hire motor carrier shall not be issued a tax	56922
receipt under division (C) of section 4921.19 of the Revised Code	56923
until all of the following have been satisfied:	56924

(1) A complete and accurate annual update form has been filed	56925
with the commission;	56926

(2) Proof of financial responsibility remains in effect;

56927

(3) All applicable registration fees in accordance with rules	56928
adopted under section 4921.11 of the Revised Code, all applicable	56929
taxes under section 4921.19 of the Revised Code, and any	56930
forfeitures imposed under section 4923.99 of the Revised Code have	56931
been paid in full.	56932

Sec. 4921.15. (A) As used in sections 4921.15, 4921.16, and	56933
4921.19 of the Revised Code:	56934

(1) "Uniform registration" has the same meaning as	56935
"registration" as used in the final report submitted to the United	56936
States secretary of transportation, pursuant to subsection (c) of	56937
section 22 of the "Hazardous Materials Transportation Uniform	56938
Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 1819.	56939

(2) "Uniform permit" has the same meaning as "permit" as used	56940
in the final report submitted to the United States secretary of	56941
transportation, pursuant to subsection (c) of section 22 of the	56942
"Hazardous Materials Transportation Uniform Safety Act of 1990,"	56943
104 Stat. 3244, 49 U.S.C.A. App. 1819.	56944

(B)(1) The public utilities commission may adopt rules	56945
applicable to the uniform registration and uniform permitting of	56946
persons engaged in the highway transportation of hazardous	56947
materials into, through, or within this state. The rules shall	56948
include rules staggering the registration date for those persons	56949
and reducing or extending, by no more than one year, the permit	56950
renewal period for those persons.	56951

(2) For the purpose of minimizing filing requirements	56952
regarding any background investigation required for the issuance	56953
of a uniform permit as a carrier of hazardous wastes, the	56954
commission shall accept from any applicant for the permit any	56955
refiling of information the applicant has filed with the office of	56956
the attorney general under section 3734.42 of the Revised Code or	56957
any reference to that information if the refiled or referenced	56958
information is on file with the office of the attorney general, is	56959
accurate and timely for the commission's purposes under this	56960
section, and is supplemented by any additional information the	56961
commission requires. The office of the attorney general, as	56962
necessary for a background investigation, shall make accessible to	56963
the commission any information referenced or refiled in an	56964
application for a uniform permit as a carrier of hazardous wastes	56965
that the attorney general determines may be disclosed in	56966
accordance with section 3734.42 of the Revised Code. Nothing in	56967
sections 4921.15, 4921.16, and division (H) of section 4921.19 of	56968
the Revised Code affects any limitations under section 3734.42 of	56969
the Revised Code on the disclosure of that information.	56970

(C) The commission, as necessary to implement the rules	56971
adopted under division (B) of this section, may enter into	56972
agreements, contracts, arrangements, or declarations with other	56973
states and with the national repository, established pursuant to	56974
the final report submitted to the United States secretary of	56975
transportation, pursuant to subsection (c) of section 22 of the	56976
"Hazardous Materials Transportation Uniform Safety Act of 1990,"	56977
104 Stat. 3244, 49 U.S.C.A. App. 1819. The agreements, contracts,	56978
arrangements, or declarations shall include, but not be limited	56979
to, the determination of a base state, the collection of uniform	56980
registration fees, the frequency of distribution of uniform	56981
registration fees, procedures for dispute resolution, and	56982
protection of trade secrets and confidential business information.	56983

(D) No person shall knowingly falsify or fail to submit any	56984
data, reports, records, or other information required to be	56985
submitted to the commission pursuant to this section or a rule	56986
adopted under it. For purposes of this division, a person acts	56987
knowingly if either of the following applies:	56988

(1) The person has actual knowledge of the facts giving rise	56989
to the violation.	56990

(2) A reasonable person acting in the circumstances and	56991
exercising due care would have such knowledge.	56992

(E) After notice and opportunity for a hearing, the	56993
commission, pursuant to criteria set forth in rules adopted under	56994
division (B) of this section, may suspend, revoke, or deny the	56995
uniform permit as a carrier of hazardous materials of any person	56996
that has obtained or applied for such a uniform permit from the	56997
commission pursuant to rules adopted under that division, or the	56998
commission may order the suspension of the transportation of	56999
hazardous materials into, through, or within this state by a	57000
carrier that has obtained a uniform permit from another state that	57001
has a reciprocity agreement with the commission pursuant to	57002
division (C) of this section.	57003

(F)(1) The proceedings specified in division (E) of this	57004
section are subject to and governed by Chapter 4903. of the	57005
Revised Code, except as otherwise provided in this section. The	57006
court of appeals of Franklin county has exclusive original	57007
jurisdiction to review, modify, or vacate any order of the	57008
commission suspending, revoking, or denying a uniform permit as a	57009
carrier of hazardous materials of any person that has obtained or	57010
applied for a uniform permit from the commission pursuant to rules	57011
adopted under division (B) of this section, or any order of the	57012
commission suspending the transportation of hazardous materials	57013
into, through, or within this state by a carrier that has obtained	57014
a uniform permit from another state that has a reciprocity	57015
agreement with the commission under division (C) of this section.	57016
The court of appeals shall hear and determine those appeals in the	57017
same manner and under the same standards as the Ohio supreme court	57018
hears and determines appeals under Chapter 4903. of the Revised	57019
Code. The judgment of the court of appeals is final and conclusive	57020
unless reversed, vacated, or modified on appeal. Such appeals may	57021
be taken either by the commission or the person to whom the order	57022
was issued and shall proceed as in the case of appeals in civil	57023
actions as provided in Chapter 2505. of the Revised Code.	57024

(2) Section 4903.11 of the Revised Code does not apply to	57025
appeals of any order of the commission suspending, revoking, or	57026
denying a uniform permit of a person that has obtained or applied	57027
for a uniform permit from the commission pursuant to rules adopted	57028
under division (B) of this section, or of any order of the	57029
commission suspending the transportation of hazardous materials	57030
into, through, or within this state by a carrier that has obtained	57031
a uniform permit from another state that has a reciprocity	57032
agreement with the commission pursuant to division (C) of this	57033
section. Any person to whom such an order is issued who wishes to	57034
contest the order shall file, within sixty days after the entry of	57035
the order upon the journal of the commission, a notice of appeal,	57036
setting forth the order appealed from and the errors complained	57037
of. The notice of appeal shall be served, unless waived, upon the	57038
chairperson of the commission or, in the event of the	57039
chairperson's absence, upon any public utilities commissioner, or	57040
by leaving a copy at the office of the commission at Columbus. On	57041
appeal, the court shall reverse, vacate, or modify the order if,	57042
upon consideration of the record, the court is of the opinion that	57043
the order was unlawful or unreasonable.	57044

Sec. 4921.16. (A) Information submitted to the public	57045
utilities commission as part of a uniform registration	57046
application, pursuant to rules adopted under division (B) of	57047
section 4921.15 of the Revised Code, is a public record and is	57048
subject to section 149.43 of the Revised Code.	57049

(B) Except for information related to corporate structure and	57050
personnel, information that is submitted to the commission as part	57051
of a uniform permit application, pursuant to rules adopted under	57052
division (B) of section 4921.15 of the Revised Code, is a public	57053
record and is subject to section 149.43 of the Revised Code.	57054
Information that is related to corporate structure and personnel	57055
that is submitted to the commission as part of a uniform permit	57056
application, pursuant to rules adopted under division (B) of	57057
section 4921.15 of the Revised Code, is not a public record and is	57058
not subject to section 149.43 of the Revised Code. Except as	57059
provided in division (D) of this section, the commission shall not	57060
disclose to any person any information that is related to	57061
corporate structure and personnel that is submitted as part of a	57062
uniform permit application.	57063

(C) Information that is submitted for any background	57064
investigation for an application for a uniform permit as a carrier	57065
of hazardous wastes is not a public record and is not subject to	57066
section 149.43 of the Revised Code. Except as provided in division	57067
(D) of this section, the commission shall not disclose to any	57068
person any information submitted for any background investigation	57069
for such an application.	57070

(D) The commission may disclose to its authorized employees	57071
and to any federal agencies, state agencies of this state or	57072
another state, local government agencies of this state or another	57073
state, or the national repository established pursuant to the	57074
final report submitted to the United States secretary of	57075
transportation, pursuant to subsection (c) of section 22 of the	57076
"Hazardous Materials Transportation Uniform Safety Act of 1990,"	57077
104 Stat. 3244, 49 U.S.C.A. App. 1819, any information submitted	57078
to the commission as part of a uniform permit application that is	57079
related to corporate structure and personnel or submitted for any	57080
background investigation for an application for a uniform permit	57081
as a carrier of hazardous wastes if all of the following	57082
conditions are met:	57083

(1) The commission enters into a confidentiality agreement	57084
with the employee, agency, or national repository under which that	57085
employee or entity agrees not to disclose to any third party any	57086
information related to corporate structure or personnel or any	57087
information submitted as part of a background investigation unless	57088
the third party enters into a confidentiality agreement with the	57089
commission consistent with this division.	57090

(2) The employee, agency, or national repository certifies to	57091
the commission that it is not required by any state or federal law	57092
to disclose any information related to corporate structure or	57093
personnel or any information submitted as part of a background	57094
investigation.	57095

(3) The federal agency, state or local government agency of	57096
another state, or national repository irrevocably consents in	57097
writing to the jurisdiction of the courts of this state and	57098
service of process in this state, including, without limitation,	57099
summonses and subpoenas, for any civil proceeding arising out of	57100
an intentional disclosure of information in violation of this	57101
division.	57102

(E) Any person who intentionally discloses information in	57103
violation of division (D) of this section is liable to the owner	57104
of the information for civil damages caused by the disclosure.	57105

Sec. 4921.19. (A) Every for-hire motor carrier operating in	57106
this state shall, at the time of the issuance of a certificate of	57107
public convenience and necessity under section 4921.03 of the	57108
Revised Code, pay to the public utilities commission, for and on	57109
behalf of the treasurer of state, the following taxes:	57110

(1) For each motor vehicle used for transporting persons,	57111
thirty dollars;	57112

(2) For each commercial tractor, as defined in section	57113
4501.01 of the Revised Code, used for transporting property,	57114
thirty dollars;	57115

(3) For each other motor vehicle transporting property,	57116
twenty dollars.	57117

(B) Every for-hire motor carrier operating in this state	57118
solely in intrastate commerce shall, annually between the first	57119
day of May and the thirtieth day of June, pay to the commission,	57120
for and on behalf of the treasurer of state, the following taxes:	57121

(1) For each motor vehicle used for transporting persons,	57122
thirty dollars;	57123

(2) For each commercial tractor, as defined in section	57124
4501.01 of the Revised Code, used for transporting property,	57125
thirty dollars;	57126

(3) For each other motor vehicle transporting property,	57127
twenty dollars.	57128

(C) After a for-hire motor carrier has paid the applicable	57129
taxes under division (B) of this section and all requirements	57130
under division (C) of section 4921.13 of the Revised Code have	57131
been met, the commission shall issue the carrier a tax receipt.	57132
The carrier shall carry a copy of the tax receipt in each motor	57133
vehicle operated by the carrier. The carrier shall maintain the	57134
original copy of the tax receipt at the carrier's primary place of	57135
business.	57136

(D) A trailer used by a for-hire motor carrier shall not be	57137
taxed under this section.	57138

(E) The annual tax levied by division (B) of this section	57139
does not apply in those cases where the commission finds that the	57140
movement of agricultural commodities or foodstuffs produced	57141
therefrom requires a temporary and seasonal use of vehicular	57142
equipment for a period of not more than ninety days. In such	57143
event, the tax on the vehicular equipment shall be twenty-five per	57144
cent of the annual tax levied by division (B) of this section. If	57145
any vehicular equipment is used in excess of the ninety-day	57146
period, the annual tax levied by this section shall be paid.	57147

(F) All taxes levied by division (B) of this section shall be	57148
reckoned as from the beginning of the quarter in which the tax	57149
receipt is issued or as from when the use of equipment under any	57150
existing tax receipt began.	57151

(G) The fees for unified carrier registration pursuant to	57152
section 4921.11 of the Revised Code shall be identical to those	57153
established by the unified carrier registration act board as	57154
approved by the federal motor carrier safety administration for	57155
each year.	57156

(H)(1) The fees for uniform registration and a uniform permit	57157
as a carrier of hazardous materials pursuant to section 4921.15 of	57158
the Revised Code shall consist of the following:	57159

(a) A processing fee of fifty dollars;

57160

(b) An apportioned per-truck registration fee, which shall be	57161
calculated by multiplying the percentage of a registrant's	57162
activity in this state times the percentage of the registrant's	57163
business that is hazardous-materials-related, times the number of	57164
vehicles owned or operated by the registrant, times a per-truck	57165
fee determined by order of the commission following public notice	57166
and an opportunity for comment.	57167

(i) The percentage of a registrant's activity in this state	57168
shall be calculated by dividing the number of miles that the	57169
registrant travels in this state under the international	57170
registration plan, pursuant to section 4503.61 of the Revised	57171
Code, by the number of miles that the registrant travels	57172
nationwide under the international registration plan. Registrants	57173
that operate solely within this state shall use one hundred per	57174
cent as their percentage of activity. Registrants that do not	57175
register their vehicles through the international registration	57176
plan shall calculate activity in the state in the same manner as	57177
that required by the international registration plan.	57178

(ii) The percentage of a registrant's business that is	57179
hazardous-materials-related shall be calculated, for	57180
less-than-truckload shipments, by dividing the weight of all the	57181
registrant's hazardous materials shipments by the total weight of	57182
all shipments in the previous year. The percentage of a	57183
registrant's business that is hazardous-materials-related shall be	57184
calculated, for truckload shipments, by dividing the number of	57185
shipments for which placarding, marking of the vehicle, or	57186
manifesting, as appropriate, was required by regulations adopted	57187
under sections 4 to 6 of the "Hazardous Materials Transportation	57188
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C. App. 1804,	57189
by the total number of the registrant's shipments that transported	57190
any kind of goods in the previous year. A registrant that	57191
transports both less-than-truckload and truckload shipments of	57192
hazardous materials shall calculate the percentage of business	57193
that is hazardous-materials-related on a proportional basis.	57194

(iii) A registrant may utilize fiscal year, or calendar year,	57195
or other current company accounting data, or other publicly	57196
available information, in calculating the percentages required by	57197
divisions (H)(1)(b)(i) and (ii) of this section.	57198

(2) The commission, after notice and opportunity for a	57199
hearing, may assess each carrier a fee for any background	57200
investigation required for the issuance, for the purpose of	57201
section 3734.15 of the Revised Code, of a uniform permit as a	57202
carrier of hazardous wastes and fees related to investigations and	57203
proceedings for the denial, suspension, or revocation of a uniform	57204
permit as a carrier of hazardous materials. The fees shall not	57205
exceed the reasonable costs of the investigations and proceedings.	57206
The fee for a background investigation for a uniform permit as a	57207
carrier of hazardous wastes shall be six hundred dollars plus the	57208
costs of obtaining any necessary information not included in the	57209
permit application, to be calculated at the rate of thirty dollars	57210
per hour, not exceeding six hundred dollars, plus any fees payable	57211
to obtain necessary information.	57212

(I) The application fee for a certificate for the	57213
transportation of household goods issued pursuant to sections	57214
4921.30 to 4921.38 of the Revised Code shall be based on the	57215
certificate holder's gross revenue, in the prior year, for the	57216
intrastate transportation of household goods. The commission shall	57217
establish, by order, ranges of gross revenue and the fee for each	57218
range. The fees shall be set in amounts sufficient to carry out	57219
the purposes of sections 4921.30 to 4921.38 and 4923.99 of the	57220
Revised Code and, to the extent necessary, the commission shall	57221
make changes to the fee structure to ensure that neither over nor	57222
under collection of the fees occurs. The fees shall also take into	57223
consideration the revenue generated from the assessment of	57224
forfeitures under section 4923.99 of the Revised Code regarding	57225
the consumer protection provisions applicable to for-hire motor	57226
carriers engaged in the transportation of household goods.	57227

(J) The fees and taxes provided under this section shall be	57228
in addition to taxes, fees, and charges fixed and exacted by other	57229
sections of the Revised Code, except the assessments required by	57230
section 4905.10 of the Revised Code, but all fees, license fees,	57231
annual payments, license taxes, or taxes or other money exactions,	57232
except the general property tax, assessed, charged, fixed, or	57233
exacted by local authorities such as municipal corporations,	57234
townships, counties, or other local boards, or the officers of	57235
such subdivisions are illegal and, are superseded by sections	57236
4503.04 and 4905.03 and Chapter 4921. of the Revised Code. On	57237
compliance with sections 4503.04 and 4905.03 and Chapter 4921. of	57238
the Revised Code, all local ordinances, resolutions, by laws, and	57239
rules in force shall cease to be operative as to the persons in	57240
compliance, except that such local subdivisions may make	57241
reasonable local police regulations within their respective	57242
boundaries not inconsistent with sections 4503.04 and 4905.03 and	57243
Chapter 4921. of the Revised Code.	57244

Sec. 4921.21. (A) As used in this section, "adjusted credit	57245
amount" means the aggregate amount credited to the public	57246
utilities transportation safety fund, less the sum of all of the	57247
following:	57248

(1) The fees collected by the public utilities commission, in	57249
accordance with the unified carrier registration plan under	57250
section 4921.11 of the Revised Code, that exceed the federal	57251
certification of revenue for each year of the plan;	57252

(2) The fees collected by the commission on behalf of other	57253
states under division (C) of section 4921.15 of the Revised Code;	57254

(3) The forfeitures collected by the commission under section	57255
4923.99 of the Revised Code for violations of rules adopted under	57256
division (A)(2) of section 4923.04 of the Revised Code.	57257

(B)(1) There is hereby created in the state treasury the	57258
public utilities transportation safety fund. The fees collected in	57259
accordance with the unified carrier registration plan under	57260
section 4921.11 of the Revised Code, the fees collected under	57261
section 4921.15 of the Revised Code, the taxes and fees remitted	57262
under section 4921.19 of the Revised Code, the forfeitures imposed	57263
under section 4923.99 of the Revised Code, except as provided in	57264
division (B)(2) of this section, and the fines collected under	57265
section 4163.07 of the Revised Code shall be deposited into the	57266
state treasury to the credit of the public utilities	57267
transportation safety fund, until the adjusted credit amount in a	57268
fiscal year is equal to the total amount appropriated from the	57269
fund for the fiscal year. Once this point of parity is reached,	57270
any additional fees, taxes, forfeitures, or fines received during	57271
the fiscal year shall be credited to the general revenue fund,	57272
except as provided in division (B)(2) of this section, and except	57273
for both of the following:	57274

(a) The fees collected in accordance with the unified carrier	57275
registration plan under section 4921.11 of the Revised Code, that	57276
exceed the federal certification of revenue for each year of the	57277
plan;	57278

(b) The fees collected on behalf of other states under	57279
division (C) of section 4921.15 of the Revised Code.	57280

(2) The first eight hundred thousand dollars of forfeitures	57281
collected under section 4923.99 of the Revised Code, for	57282
violations of rules adopted under division (A)(2) of section	57283
4923.04 of the Revised Code, during each fiscal year shall be	57284
credited to the public utilities transportation safety fund. Any	57285
forfeitures in excess of that amount shall be deposited into the	57286
general revenue fund. In each fiscal year, the commission shall	57287
distribute moneys from these forfeitures credited to the public	57288
utilities transportation safety fund for the purposes of emergency	57289
response planning and the training of safety, enforcement, and	57290
emergency services personnel in proper techniques for the	57291
management of hazardous materials releases that occur during	57292
transportation or otherwise. For these purposes, fifty per cent of	57293
all such moneys credited to the public utilities transportation	57294
safety fund shall be distributed to Cleveland state university,	57295
forty-five per cent shall be distributed to other educational	57296
institutions, state agencies, regional planning commissions, and	57297
political subdivisions, and five per cent shall be retained by the	57298
commission for the administration of this section and for training	57299
employees. However, if, in any such period, moneys from these	57300
forfeitures credited to the public utilities transportation safety	57301
fund equal an amount less than four hundred thousand dollars, the	57302
commission shall distribute, to the extent of the aggregate amount	57303
of those moneys, two hundred thousand dollars to Cleveland state	57304
university and the remainder to other educational institutions,	57305
state agencies, regional planning commissions, and political	57306
subdivisions.	57307

(C) The purpose of the public utilities transportation safety	57308
fund shall be for defraying all expenses incident to maintaining	57309
the nonrailroad transportation activities of the commission.	57310

(D) There is hereby created in the state treasury the federal	57311
commercial vehicle transportation systems fund. The fund shall	57312
consist of money received from the United States department of	57313
transportation's commercial vehicle intelligent transportation	57314
systems infrastructure deployment program. The public utilities	57315
commission shall use the fund to deploy the Ohio commercial	57316
vehicle information systems networks project and to improve safety	57317
of motor carrier operations through electronic exchange of data.	57318

(E) There is hereby created in the state treasury the motor	57319
carrier safety fund. The fund shall consist of money received from	57320
the United States department of transportation for motor carrier	57321
safety. The commission shall use the fund to administer the	57322
state's motor carrier safety assistance program and associated	57323
grants, including the motor carrier safety assistance program	57324
basic grant, the incentive grant, the high priority grants, the	57325
new entrant safety assurance grant, the safety data improvement	57326
grant, or their equivalents.	57327

(F) If the director of budget and management determines there	57328
is not sufficient money in the public utilities transportation	57329
safety fund, the director shall transfer money from the general	57330
revenue fund to the public utilities transportation safety fund in	57331
an amount up to the difference between the balance of the public	57332
utilities transportation safety fund and the appropriations from	57333
that fund. If the director subsequently determines during the	57334
fiscal year that the balance of the public utilities	57335
transportation safety fund exceeds the amount needed to support	57336
the appropriations from the fund, the director shall transfer the	57337
excess money, up to the amount of the original transfer, to the	57338
general revenue fund.	57339

Sec. 4921.25. Any person, firm, copartnership, voluntary	57340
association, joint-stock association, company, or corporation,	57341
wherever organized or incorporated, that is engaged in the towing	57342
of motor vehicles is subject to regulation by the public utilities	57343
commission as a for-hire motor carrier under this chapter. Such an	57344
entity is not subject to any ordinance, rule, or resolution of a	57345
municipal corporation, county, or township that provides for the	57346
licensing, registering, or regulation of entities that tow motor	57347
vehicles.	57348

Sec. 4921.30. Except as otherwise provided in sections	57349
4921.32 to 4921.38 of the Revised Code, a for-hire motor carrier	57350
engaged in the transportation of household goods in intrastate	57351
commerce:	57352

(A) Is subject to Chapter 4921. of the Revised Code and to	57353
all other provisions of the Revised Code applicable to a for-hire	57354
motor carrier, including sections 4506.22, 4511.78, 5502.01,	57355
5503.02, and 5503.34 of the Revised Code;	57356

(B) Is not a public utility as defined in section 4911.01 of	57357
the Revised Code.	57358

Sec. 4921.32. Notwithstanding any provision of this chapter	57359
or Chapters 4901. to 4909. and 4923. of the Revised Code to the	57360
contrary:	57361

(A) Not later than six months after the effective date of	57362
this section, the public utilities commission, in accordance with	57363
sections 4921.30 to 4921.38 of the Revised Code, shall establish	57364
by order a certification system for for-hire motor carriers	57365
engaged in the transportation of household goods in intrastate	57366
commerce.	57367

(B) Beginning on the effective date of the order of the	57368
commission as initially issued under division (A) of this section,	57369
no for-hire motor carrier shall engage in the transportation of	57370
household goods in intrastate commerce without first holding a	57371
current and valid certificate for the transportation of household	57372
goods issued by the commission pursuant to sections 4921.30 to	57373
4921.38 of the Revised Code.	57374

Sec. 4921.34. (A) The public utilities commission shall	57375
approve an application for a certificate for the transportation of	57376
household goods under sections 4921.30 to 4921.38 of the Revised	57377
Code and shall issue a certificate, provided the applicant pays	57378
the applicable application fee under division (I) of section	57379
4921.19 of the Revised Code and submits to the commission a	57380
completed application, on a form prescribed by the commission,	57381
that is substantially the same as the application prescribed by	57382
the commission pursuant to section 4921.05 of the Revised Code,	57383
and includes a certification of all of the following by	57384
responsible officials of the applicant:	57385

(1) The applicant's workers' compensation coverage is current	57386
pursuant to Chapter 4123. of the Revised Code.	57387

(2) The applicant's unemployment compensation coverage is	57388
current pursuant to Chapter 4141. of the Revised Code.	57389

(3) The applicant's financial responsibility is in accordance	57390
with rules adopted by the commission under section 4921.09 of the	57391
Revised Code.	57392

(B) The commission shall not approve any application that	57393
does not contain the proper certifications required by this	57394
section. The commission may revoke a certificate issued under	57395
division (A) of this section if, after at least fifteen days'	57396
advance notice to the certificate holder of the basis for such	57397
action and providing the holder with an opportunity for a hearing,	57398
the commission finds that the holder is not in compliance with	57399
this chapter, or rules adopted or orders issued under it.	57400

(C) A certificate issued under division (A) of this section	57401
is valid for one year and is renewable annually.	57402

Sec. 4921.36. Each holder of a certificate for the	57403
transportation of household goods shall do all of the following:	57404

(A) Make its current certificate available for public	57405
inspection during normal business hours;	57406

(B) Present each of its customers with information, written	57407
in plain and clear language and pursuant to a form prescribed by	57408
the public utilities commission, outlining a consumer's rights;	57409

(C) Include its certificate number on all advertising,	57410
written estimates, and contracts, pursuant to rules adopted by the	57411
commission.	57412

Sec. 4921.38. In accordance with sections 4921.30 to 4921.36	57413
of the Revised Code, the public utilities commission may adopt	57414
rules regarding any of the following:	57415

(A) Providing for binding estimates by for-hire motor	57416
carriers engaged in the transportation of household goods in	57417
intrastate commerce;	57418

(B) Providing for guaranteed-not-to-exceed estimates by those	57419
carriers;	57420

(C) Requiring those carriers to include their certificate	57421
number in all advertising, written estimates, and contracts	57422
related to the transportation of household goods in intrastate	57423
commerce;	57424

(D) As are necessary and proper to carry out this chapter	57425
with respect to those carriers;	57426

(E) Providing for the enforcement of the consumer protection	57427
provisions of Title 49 of the United States Code related to the	57428
delivery and transportation of household goods in interstate	57429
commerce, as permitted by 49 U.S.C. 14710.	57430

Sec. 4923.01. As used in this chapter:

57431

(A) "Ambulance," "interstate commerce," "intrastate	57432
commerce," "motor vehicle," "public highway," "ridesharing	57433
arrangement," and "school bus" have the same meanings as in	57434
section 4921.01 of the Revised Code.	57435

(B) "For-hire motor carrier" means a person engaged in the	57436
business of transporting persons or property by motor vehicle for	57437
compensation, except when engaged in any of the following in	57438
intrastate commerce:	57439

(1) The transportation of persons in taxicabs in the usual	57440
taxicab service;	57441

(2) The transportation of pupils in school busses operating	57442
to or from school sessions or school events;	57443

(3) The transportation of farm supplies to the farm or farm	57444
products from farm to market or to food fabricating plants;	57445

(4) The distribution of newspapers;

57446

(5) The transportation of crude petroleum incidental to	57447
gathering from wells and delivery to destination by pipe line;	57448

(6) The transportation of injured, ill, or deceased persons	57449
by hearse or ambulance;	57450

(7) The transportation of compost (a combination of manure	57451
and sand or shredded bark mulch) or shredded bark mulch;	57452

(8) The transportation of persons in a ridesharing	57453
arrangement when any fee charged each person so transported is in	57454
such amount as to recover only the person's share of the costs of	57455
operating the motor vehicle for such purpose;	57456

(9) The operation of motor vehicles for contractors on public	57457
road work.	57458

"For-hire motor carrier" includes the carrier's agents,	57459
officers, and representatives, as well as employees responsible	57460
for hiring, supervising, training, assigning, or dispatching	57461
drivers and employees concerned with the installation, inspection,	57462
and maintenance of motor-vehicle equipment and accessories.	57463

Divisions (B)(1) to (9) of this section shall not be	57464
construed to relieve a person from compliance with rules adopted	57465
under division (A)(2) of section 4923.04 of the Revised Code,	57466
division (E) of section 4923.06 of the Revised Code, division (B)	57467
of section 4923.07 of the Revised Code, and section 4923.11 of the	57468
Revised Code, or from compliance with rules regarding commercial	57469
driver's licenses adopted under division (A)(1) of section 4923.04	57470
of the Revised Code.	57471

(C) "Motor carrier" means both a for-hire motor carrier and a	57472
private motor carrier.	57473

(D) "Private motor carrier" means a person who is not a	57474
for-hire motor carrier but is engaged in the business of	57475
transporting persons or property by motor vehicle, except as	57476
provided in section 4923.02 of the Revised Code. "Private motor	57477
carrier" includes the carrier's agents, officers, and	57478
representatives, as well as employees responsible for hiring,	57479
supervising, training, assigning, or dispatching drivers and	57480
employees concerned with the installation, inspection, and	57481
maintenance of motor-vehicle equipment and accessories.	57482

Sec. 4923.02. (A) As used in this chapter, "private motor	57483
carrier" does not include a person when engaged in any of the	57484
following in intrastate commerce:	57485

(1) The transportation of persons in taxicabs in the usual	57486
taxicab service;	57487

(2) The transportation of pupils in school busses operating	57488
to or from school sessions or school events;	57489

(3) The transportation of farm supplies to the farm or farm	57490
products from farm to market or to food fabricating plants;	57491

(4) The distribution of newspapers;

57492

(5) The transportation of crude petroleum incidental to	57493
gathering from wells and delivery to destination by pipe line;	57494

(6) The transportation of injured, ill, or deceased persons	57495
by hearse or ambulance;	57496

(7) The transportation of compost (a combination of manure	57497
and sand or shredded bark mulch) or shredded bark mulch;	57498

(8) The transportation of persons in a ridesharing	57499
arrangement when any fee charged each person so transported is in	57500
such amount as to recover only the person's share of the costs of	57501
operating the motor vehicle for such purpose;	57502

(9) The operation of motor vehicles for contractors on public	57503
road work.	57504

(B) The public utilities commission may grant a motor carrier	57505
operating in intrastate commerce a temporary exemption from some	57506
or all of the provisions of this chapter and the rules adopted	57507
under it, when either of the following applies:	57508

(1) The governor of this state has declared an emergency.

57509

(2) The chairperson of the commission or the chairperson's	57510
designee has declared a transportation-specific emergency.	57511

(C) The commission may adopt rules not incompatible with the	57512
requirements of the United States department of transportation to	57513
provide exemptions to motor carriers operating in intrastate	57514
commerce not otherwise identified in divisions (A) and (B) of this	57515
section.	57516

(D) Divisions (A) to (C) of this section shall not be	57517
construed to relieve a person from compliance with either of the	57518
following:	57519

(1) Rules adopted under division (A)(2) of section 4923.04 of	57520
the Revised Code, division (E) of section 4923.06 of the Revised	57521
Code, division (B) of section 4923.07 of the Revised Code, and	57522
section 4923.11 of the Revised Code;	57523

(2) Rules regarding commercial driver's licenses adopted	57524
under division (A)(1) of section 4923.04 of the Revised Code.	57525

Sec. 4923.04. (A)(1) The public utilities commission shall	57526
adopt rules applicable to the transportation of persons or	57527
property by motor carriers operating in interstate and intrastate	57528
commerce.	57529

(2) The commission shall adopt rules applicable to the	57530
highway transportation and offering for transportation of	57531
hazardous materials by motor carriers, and persons engaging in the	57532
highway transportation and offering for transportation of	57533
hazardous materials, operating in interstate or intrastate	57534
commerce.	57535

(B) The rules adopted under division (A) of this section	57536
shall not be incompatible with the requirements of the United	57537
States department of transportation.	57538

(C) To achieve the purposes of this chapter and to assist the	57539
commission in the performance of any of its powers or duties, the	57540
commission, either through the public utilities commissioners or	57541
employees authorized by it, may do either or both of the	57542
following:	57543

(1) Apply for, and any judge of a court of record of	57544
competent jurisdiction may issue, an appropriate search warrant;	57545

(2) Examine under oath, at the offices of the commission, any	57546
officer, agent, or employee of any person subject to this chapter.	57547
The commission, by subpoena, also may compel the attendance of a	57548
witness for the purpose of the examination and, by subpoena duces	57549
tecum, may compel the production of all books, contracts, records,	57550
and documents that relate to the transportation and offering for	57551
transportation of hazardous materials.	57552

Sec. 4923.06. (A) The public utilities commission may,	57553
through the commission's inspectors or other authorized employees,	57554
enter in or upon any motor vehicle of any motor carrier, or any	57555
person engaging in the transportation of hazardous material or	57556
hazardous waste, to inspect the motor vehicle or driver subject to	57557
rules adopted under section 4923.04 of the Revised Code.	57558

(B) In order to assist the commission in performing its	57559
duties under this section, authorized employees of the state	57560
highway patrol of the department of public safety may conduct	57561
inspections of motor vehicles and drivers.	57562

(C) Inspectors and employees authorized to conduct	57563
inspections under divisions (A) and (B) of this section may, under	57564
the direction of the commission, stop motor vehicles to inspect	57565
those vehicles and drivers to enforce compliance with rules	57566
adopted under section 4923.04 of the Revised Code.	57567

(D) Inspectors and employees authorized to conduct	57568
inspections under divisions (A) and (B) of this section shall	57569
conduct inspections consistent with the North American standard	57570
inspection procedure of the commercial vehicle safety alliance and	57571
the standards of the United States department of transportation.	57572
The inspectors and employees may declare drivers and motor	57573
vehicles out-of-service consistent with this procedure and these	57574
standards.	57575

(E) The commission may adopt rules to carry out this section	57576
that are not incompatible with the requirements of the United	57577
States department of transportation.	57578

Sec. 4923.07. (A) The public utilities commission may,	57579
through the commission's inspectors or other authorized employees,	57580
enter in or upon the premises and motor vehicles of any motor	57581
carrier, or any person engaging in the transportation of hazardous	57582
material or hazardous waste, to examine any records, documents, or	57583
property for the purpose of assessing the safety, performance, and	57584
management controls associated with the carrier or person.	57585

(B) The commission may adopt rules to carry out this section	57586
that are not incompatible with the requirements of the United	57587
States department of transportation.	57588

Sec. 4923.09. The public utilities commission shall cooperate	57589
with and permit the use of the services, records, and facilities	57590
of the commission as fully as practicable by appropriate officers	57591
of the United States department of transportation, other federal	57592
agencies or commissions, and appropriate commissions of other	57593
states in the enforcement and administration of state and federal	57594
laws relating to highway transportation by motor vehicles. The	57595
commission may enter into cooperative agreements with the United	57596
States department of transportation and any other federal agency	57597
or commission to enforce the safety laws and rules of this state	57598
and of the United States concerning highway transportation by	57599
motor vehicles. All grants-in-aid, cash, and reimbursements	57600
received by the commission pursuant to those cooperative	57601
agreements shall be deposited to the credit of the motor carrier	57602
safety fund created under section 4921.21 of the Revised Code.	57603

Sec. 4923.11. The public utilities commission may adopt rules	57604
applicable to the highway routing of hazardous materials into,	57605
through, or within this state. Rules adopted under this section	57606
shall not be incompatible with requirements of the United States	57607
department of transportation.	57608

Sec. 4923.15. Proceedings of the public utilities commission	57609
for the assessment of forfeitures for violations of Chapters 4921.	57610
and 4923. of the Revised Code are subject to and governed by	57611
section 4923.99 of the Revised Code. In all other respects in	57612
which the commission has power and authority under Chapters 4921.	57613
and 4923. of the Revised Code, applications and complaints may be	57614
made and filed with the commission, processes may be issued,	57615
hearings may be held, opinions, orders, and decisions may be made	57616
and filed, petitions for rehearing may be filed and acted upon,	57617
and all proceedings before the supreme court of this state may be	57618
considered and disposed of by that court in the manner, under the	57619
conditions, subject to the limitations, and with the effect	57620
specified in the sections of the Revised Code governing the	57621
supervision of public utilities by the commission.	57622

Sec. 4923.99. (A)(1) Whoever violates Chapter 4921. or 4923.	57623
of the Revised Code is liable to the state for a forfeiture of not	57624
more than twenty-five thousand dollars for each day of each	57625
violation. The public utilities commission, after providing	57626
reasonable notice and the opportunity for a hearing in accordance	57627
with the procedural rules adopted under section 4901.13 of the	57628
Revised Code, shall assess, by order, a forfeiture upon a person	57629
whom the commission determines, by a preponderance of the	57630
evidence, committed the violation. In determining the amount of	57631
the forfeiture for a violation discovered during a driver or	57632
motor-vehicle inspection under section 4923.06 of the Revised	57633
Code, the commission shall, to the extent practicable, not act in	57634
a manner incompatible with the requirements of the United States	57635
department of transportation, and, to the extent practicable,	57636
shall utilize a system comparable to the recommended civil-penalty	57637
procedure adopted by the commercial vehicle safety alliance. In	57638
determining the amount of the forfeiture for a violation	57639
discovered during a compliance review of a motor carrier under	57640
section 4923.07 of the Revised Code, the commission shall, to the	57641
extent practicable, not act in a manner incompatible with the	57642
civil-penalty guidelines of the United States department of	57643
transportation.	57644

The attorney general, upon the written request of the	57645
commission, shall bring a civil action in the court of common	57646
pleas of Franklin county to collect a forfeiture assessed under	57647
this section. The commission shall account for the forfeitures	57648
collected under this section and pay them to the treasurer of	57649
state under section 4921.21 of the Revised Code.	57650

(2) The attorney general, upon the written request of the	57651
commission, shall bring an action for injunctive relief in the	57652
court of common pleas of Franklin county against any person who	57653
has violated or is violating any order issued by the commission to	57654
secure compliance with any provision of Chapter 4921. or 4923. of	57655
the Revised Code. The court of common pleas of Franklin county has	57656
jurisdiction to and may grant preliminary and permanent injunctive	57657
relief upon a showing that the person against whom the action is	57658
brought has violated or is violating any such order. The court	57659
shall give precedence to such an action over all other cases.	57660

(B) The amount of any forfeiture may be compromised at any	57661
time prior to collection of the forfeiture. The commission shall	57662
adopt rules governing the manner in which the amount of a	57663
forfeiture may be established by agreement prior to the hearing on	57664
the forfeiture before the commission.	57665

(C) The proceedings of the commission specified in division	57666
(A) of this section are subject to and governed by Chapter 4903.	57667
of the Revised Code, except as otherwise specifically provided in	57668
this section. The court of appeals of Franklin county has	57669
exclusive, original jurisdiction to review, modify, or vacate an	57670
order of the commission issued to secure compliance with any	57671
provision of Chapter 4921. or 4923. of the Revised Code. The court	57672
of appeals shall hear and determine those appeals in the same	57673
manner, and under the same standards, as the supreme court hears	57674
and determines appeals under Chapter 4903. of the Revised Code.	57675
The judgment of the court of appeals is final and conclusive	57676
unless reversed, vacated, or modified on appeal. Such appeals may	57677
be taken either by the commission or the person to whom the	57678
compliance order or forfeiture assessment was issued and shall	57679
proceed as in the case of appeals in civil actions as provided in	57680
the rules of appellate procedure and Chapter 2505. of the Revised	57681
Code.	57682

(D) Section 4903.11 of the Revised Code does not apply to an	57683
appeal of an order issued to secure compliance with Chapter 4921.	57684
or 4923. of the Revised Code or an order issued under division	57685
(A)(1) of this section assessing a forfeiture. Any person to whom	57686
any such order is issued who wishes to contest a compliance order,	57687
the fact of the violation, or the amount of the forfeiture shall	57688
file a notice of appeal, setting forth the order appealed from and	57689
the errors complained of, within sixty days after the entry of the	57690
order upon the journal of the commission. The notice of appeal	57691
shall be served, unless waived, upon the chairperson of the	57692
commission or, in the event of the chairperson's absence, upon any	57693
public utilities commissioner, or by leaving a copy at the office	57694
of the commission at Columbus. An order issued by the commission	57695
to secure compliance with Chapter 4921. or 4923. of the Revised	57696
Code or an order issued under division (A)(1) of this section	57697
assessing a forfeiture shall be reversed, vacated, or modified on	57698
appeal if, upon consideration of the record, the court is of the	57699
opinion that the order was unlawful or unreasonable.	57700

(E) Only for such violations that constitute violations of	57701
the "Hazardous Materials Transportation Uniform Safety Act of	57702
1990," 104 Stat. 3244, 49 U.S.C.A. App. 1804 and 1805, or	57703
regulations adopted under the act, the commission, in determining	57704
liability, shall use the same standard of culpability for civil	57705
forfeitures under this section as that set forth for civil	57706
penalties under section 12 of the "Hazardous Materials	57707
Transportation Uniform Safety Act of 1990," 104 Stat. 3244, 49	57708
U.S.C.A. App. 1809. The commission shall consider the assessment	57709
considerations for civil penalties specified in regulations	57710
adopted under the "Hazardous Materials Transportation Act," 88	57711
Stat. 2156 (1975), 49 U.S.C. 1801.	57712

Sec. 4927.01. (A) As used in this chapter:

57713

(1) "Basic local exchange service" means residential-end-user	57714
access to and usage of telephone-company-provided services over a	57715
single line or small-business-end-user access to and usage of	57716
telephone-company-provided services over the primary access line	57717
of service, which in the case of residential and small-business	57718
access and usage is not part of a bundle or package of services,	57719
that does both of the following:	57720

(a) Enables a customer to originate or receive voice	57721
communications within a local service area as that area exists on	57722
September 13, 2010, the effective date of the amendment of this	57723
section by S.B. 162 of the 128th general assembly;	57724

(b) Consists of all of the following services:

57725

(i) Local dial tone service;

57726

(ii) For residential end users, flat-rate telephone exchange	57727
service;	57728

(iii) Touch tone dialing service;

57729

(iv) Access to and usage of 9-1-1 services, where such	57730
services are available;	57731

(v) Access to operator services and directory assistance;

57732

(vi) Provision of a telephone directory in any reasonable	57733
format for no additional charge and a listing in that directory,	57734
with reasonable accommodations made for private listings;	57735

(vii) Per call, caller identification blocking services;

57736

(viii) Access to telecommunications relay service; and

57737

(ix) Access to toll presubscription, interexchange or toll	57738
providers or both, and networks of other telephone companies.	57739

(2) "Bundle or package of services" means one or more	57740
telecommunications services or other services offered together as	57741
one service option at a single price.	57742

(3) "Carrier access" means access to and usage of telephone	57743
company-provided facilities that enable end user customers	57744
originating or receiving voice grade, data, or image	57745
communications, over a local exchange telephone company network	57746
operated within a local service area, to access interexchange or	57747
other networks and includes special access.	57748

(4) "Federal poverty level" means the income level	57749
represented by the poverty guidelines as revised annually by the	57750
United States department of health and human services in	57751
accordance with section 673(2) of the "Omnibus Reconciliation Act	57752
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family	57753
size equal to the size of the family of the person whose income is	57754
being determined.	57755

(5) "Incumbent local exchange carrier" means, with respect to	57756
an area, the local exchange carrier that:	57757

(a) On February 8, 1996, provided telephone exchange service	57758
in such area; and	57759

(b)(i) On February 8, 1996, was deemed to be a member of the	57760
exchange carrier association pursuant to 47 C.F.R. 69.601(b); or	57761

(ii) Is a person or entity that, on or after February 8,	57762
1996, became a successor or assign of a member described in	57763
division (A)(5)(b)(i) of this section.	57764

(6) "Internet protocol-enabled services" means any services,	57765
capabilities, functionalities, or applications that are provided	57766
using internet protocol or a successor protocol to enable an end	57767
user to send or receive communications in internet protocol format	57768
or a successor format, regardless of how any particular such	57769
service is classified by the federal communications commission,	57770
and includes voice over internet protocol service.	57771

(7) "Local exchange carrier" means any person engaged in the	57772
provision of telephone exchange service, or the offering of access	57773
to telephone exchange service or facilities for the purpose of	57774
originating or terminating telephone toll service.	57775

(8) "Local service area" means the geographic area that may	57776
encompass more than one exchange area and within which a telephone	57777
customer, by paying the rate for basic local exchange service, may	57778
complete calls to other telephone customers without being assessed	57779
long distance toll charges.	57780

(9) "Small business" means a nonresidential service customer	57781
with three or fewer service access lines.	57782

(10) "Telecommunications" means the transmission, between or	57783
among points specified by the user, of information of the user's	57784
choosing, without change in the form or content of the information	57785
as sent and received.	57786

(11) "Telecommunications carrier" has the same meaning as in	57787
the "Telecommunications Act of 1996," 110 Stat. 60, 47 U.S.C. 153.	57788

(12) "Telecommunications service" means the offering of	57789
telecommunications for a fee directly to the public, or to such	57790
classes of users as to be effectively available directly to the	57791
public, regardless of the facilities used.	57792

(13) "Telephone company" means a company described in	57793
division (A)~~(1)~~ of section 4905.03 of the Revised Code that is a	57794
public utility under section 4905.02 of the Revised Code.	57795

(14) "Telephone exchange service" means telecommunications	57796
service that is within a telephone exchange, or within a connected	57797
system of telephone exchanges within the same exchange area	57798
operated to furnish to subscribers intercommunicating service of	57799
the character ordinarily furnished by a single exchange, and that	57800
is covered by the exchange service charge; or comparable service	57801
provided through a system of switches, transmission equipment, or	57802
other facilities, or combination thereof, by which a customer can	57803
originate and terminate a telecommunications service.	57804

(15) "Telephone toll service" means telephone service between	57805
stations in different exchange areas for which there is made a	57806
separate charge not included in contracts with customers for	57807
exchange service.	57808

(16) "Voice over internet protocol service" means a service	57809
that uses a broadband connection from an end user's location and	57810
enables real-time, two-way, voice communications that originate or	57811
terminate from the user's location using internet protocol or a	57812
successor protocol, including, but not limited to, any such	57813
service that permits an end user to receive calls from and	57814
terminate calls to the public switched network.	57815

(17) "Wireless service" means federally licensed commercial	57816
mobile service as defined in the "Telecommunications Act of 1996,"	57817
110 Stat. 61, 151, 153, 47 U.S.C. 332(d) and further defined as	57818
commercial mobile radio service in 47 C.F.R. 20.3. Under division	57819
(A)(17) of this section, commercial mobile radio service is	57820
specifically limited to mobile telephone, mobile cellular	57821
telephone, paging, personal communications services, and	57822
specialized mobile radio service provided by a common carrier in	57823
this state and excludes fixed wireless service.	57824

(18) "Wireless service provider" means a facilities-based	57825
provider of wireless service to one or more end users in this	57826
state.	57827

(B) The definitions of this section shall be applied	57828
consistent with the definitions in the "Telecommunications Act of	57829
1996," 110 Stat. 56, 47 U.S.C. 151 et seq., as amended, and with	57830
federal decisions interpreting those definitions.	57831

Sec. 4929.01. As used in this chapter:

57832

(A) "Alternative rate plan" means a method, alternate to the	57833
method of section 4909.15 of the Revised Code, for establishing	57834
rates and charges, under which rates and charges may be	57835
established for a commodity sales service or ancillary service	57836
that is not exempt pursuant to section 4929.04 of the Revised Code	57837
or for a distribution service. Alternative rate plans may include,	57838
but are not limited to, methods that provide adequate and reliable	57839
natural gas services and goods in this state; minimize the costs	57840
and time expended in the regulatory process; tend to assess the	57841
costs of any natural gas service or goods to the entity, service,	57842
or goods that cause such costs to be incurred; afford rate	57843
stability; promote and reward efficiency, quality of service, or	57844
cost containment by a natural gas company; provide sufficient	57845
flexibility and incentives to the natural gas industry to achieve	57846
high quality, technologically advanced, and readily available	57847
natural gas services and goods at just and reasonable rates and	57848
charges; or establish revenue decoupling mechanisms. Alternative	57849
rate plans also may include, but are not limited to, automatic	57850
adjustments based on a specified index or changes in a specified	57851
cost or costs.	57852

(B) "Ancillary service" means a service that is ancillary to	57853
the receipt or delivery of natural gas to consumers, including,	57854
but not limited to, storage, pooling, balancing, and transmission.	57855

(C) "Commodity sales service" means the sale of natural gas	57856
to consumers, exclusive of any distribution or ancillary service.	57857

(D) "Comparable service" means any regulated service or goods	57858
whose availability, quality, price, terms, and conditions are the	57859
same as or better than those of the services or goods that the	57860
natural gas company provides to a person with which it is	57861
affiliated or which it controls, or, as to any consumer, that the	57862
natural gas company offers to that consumer as part of a bundled	57863
service that includes both regulated and exempt services or goods.	57864

(E) "Consumer" means any person or association of persons	57865
purchasing, delivering, storing, or transporting, or seeking to	57866
purchase, deliver, store, or transport, natural gas, including	57867
industrial consumers, commercial consumers, and residential	57868
consumers, but not including natural gas companies.	57869

(F) "Distribution service" means the delivery of natural gas	57870
to a consumer at the consumer's facilities, by and through the	57871
instrumentalities and facilities of a natural gas company,	57872
regardless of the party having title to the natural gas.	57873

(G) "Natural gas company" means a natural gas company, as	57874
defined in section 4905.03 of the Revised Code, that is a public	57875
utility as defined in section 4905.02 of the Revised Code and	57876
excludes a retail natural gas supplier.	57877

(H) "Person," except as provided in division (N) of this	57878
section, has the same meaning as in section 1.59 of the Revised	57879
Code, and includes this state and any political subdivision,	57880
agency, or other instrumentality of this state and includes the	57881
United States and any agency or other instrumentality of the	57882
United States.	57883

(I) "Billing or collection agent" means a fully independent	57884
agent, not affiliated with or otherwise controlled by a retail	57885
natural gas supplier or governmental aggregator subject to	57886
certification under section 4929.20 of the Revised Code, to the	57887
extent that the agent is under contract with such supplier or	57888
aggregator solely to provide billing and collection for	57889
competitive retail natural gas service on behalf of the supplier	57890
or aggregator.	57891

(J) "Competitive retail natural gas service" means any retail	57892
natural gas service that may be competitively offered to consumers	57893
in this state as a result of revised schedules approved under	57894
division (C) of section 4929.29 of the Revised Code, a rule or	57895
order adopted or issued by the public utilities commission under	57896
Chapter 4905. of the Revised Code, or an exemption granted by the	57897
commission under sections 4929.04 to 4929.08 of the Revised Code.	57898

(K) "Governmental aggregator" means either of the following:

57899

(1) A legislative authority of a municipal corporation, a	57900
board of township trustees, or a board of county commissioners	57901
acting exclusively under section 4929.26 or 4929.27 of the Revised	57902
Code as an aggregator for the provision of competitive retail	57903
natural gas service;	57904

(2) A municipal corporation acting exclusively under Section	57905
4 of Article XVIII, Ohio Constitution, as an aggregator for the	57906
provision of competitive retail natural gas service.	57907

(L)(1) "Mercantile customer" means a customer that consumes,	57908
other than for residential use, more than five hundred thousand	57909
cubic feet of natural gas per year at a single location within	57910
this state or consumes natural gas, other than for residential	57911
use, as part of an undertaking having more than three locations	57912
within or outside of this state. "Mercantile customer" excludes a	57913
customer for which a declaration under division (L)(2) of this	57914
section is in effect pursuant to that division.	57915

(2) A not-for-profit customer that consumes, other than for	57916
residential use, more than five hundred thousand cubic feet of	57917
natural gas per year at a single location within this state or	57918
consumes natural gas, other than for residential use, as part of	57919
an undertaking having more than three locations within or outside	57920
this state may file a declaration under division (L)(2) of this	57921
section with the public utilities commission. The declaration	57922
shall take effect upon the date of filing, and by virtue of the	57923
declaration, the customer is not a mercantile customer for the	57924
purposes of this section and sections 4929.20 to 4929.29 of the	57925
Revised Code or the purposes of a governmental natural gas	57926
aggregation or arrangement or other contract entered into after	57927
the declaration's effective date for the supply or arranging of	57928
the supply of natural gas to the customer to a location within	57929
this state. The customer may file a rescission of the declaration	57930
with the commission at any time. The rescission shall not affect	57931
any governmental natural gas aggregation or arrangement or other	57932
contract entered into by the customer prior to the date of the	57933
filing of the rescission and shall have effect only with respect	57934
to any subsequent such aggregation or arrangement or other	57935
contract. The commission shall prescribe rules under section	57936
4929.10 of the Revised Code specifying the form of the declaration	57937
or a rescission and procedures by which a declaration or	57938
rescission may be filed.	57939

(M) "Retail natural gas service" means commodity sales	57940
service, ancillary service, natural gas aggregation service,	57941
natural gas marketing service, or natural gas brokerage service.	57942

(N) "Retail natural gas supplier" means any person, as	57943
defined in section 1.59 of the Revised Code, that is engaged on a	57944
for-profit or not-for-profit basis in the business of supplying or	57945
arranging for the supply of a competitive retail natural gas	57946
service to consumers in this state that are not mercantile	57947
customers. "Retail natural gas supplier" includes a marketer,	57948
broker, or aggregator, but excludes a natural gas company, a	57949
governmental aggregator as defined in division (K)(1) or (2) of	57950
this section, an entity described in division ~~(B)~~(A)(2) or ~~(C)~~(3)	57951
of section 4905.02 of the Revised Code, or a billing or collection	57952
agent, and excludes a producer or gatherer of gas to the extent	57953
such producer or gatherer is not a natural gas company under	57954
section 4905.03 of the Revised Code.	57955

(O) "Revenue decoupling mechanism" means a rate design or	57956
other cost recovery mechanism that provides recovery of the fixed	57957
costs of service and a fair and reasonable rate of return,	57958
irrespective of system throughput or volumetric sales.	57959

Sec. 4929.02. (A) It is the policy of this state to,	57960
throughout this state:	57961

(1) Promote the availability to consumers of adequate,	57962
reliable, and reasonably priced natural gas services and goods;	57963

(2) Promote the availability of unbundled and comparable	57964
natural gas services and goods that provide wholesale and retail	57965
consumers with the supplier, price, terms, conditions, and quality	57966
options they elect to meet their respective needs;	57967

(3) Promote diversity of natural gas supplies and suppliers,	57968
by giving consumers effective choices over the selection of those	57969
supplies and suppliers;	57970

(4) Encourage innovation and market access for cost-effective	57971
supply- and demand-side natural gas services and goods;	57972

(5) Encourage cost-effective and efficient access to	57973
information regarding the operation of the distribution systems of	57974
natural gas companies in order to promote effective customer	57975
choice of natural gas services and goods;	57976

(6) Recognize the continuing emergence of competitive natural	57977
gas markets through the development and implementation of flexible	57978
regulatory treatment;	57979

(7) Promote an expeditious transition to the provision of	57980
natural gas services and goods in a manner that achieves effective	57981
competition and transactions between willing buyers and willing	57982
sellers to reduce or eliminate the need for regulation of natural	57983
gas services and goods under Chapters 4905. and 4909. of the	57984
Revised Code;	57985

(8) Promote effective competition in the provision of natural	57986
gas services and goods by avoiding subsidies flowing to or from	57987
regulated natural gas services and goods;	57988

(9) Ensure that the risks and rewards of a natural gas	57989
company's offering of nonjurisdictional and exempt services and	57990
goods do not affect the rates, prices, terms, or conditions of	57991
nonexempt, regulated services and goods of a natural gas company	57992
and do not affect the financial capability of a natural gas	57993
company to comply with the policy of this state specified in this	57994
section;	57995

(10) Facilitate the state's competitiveness in the global	57996
economy;	57997

(11) Facilitate additional choices for the supply of natural	57998
gas for residential consumers, including aggregation;	57999

(12) Promote an alignment of natural gas company interests	58000
with consumer interest in energy efficiency and energy	58001
conservation.	58002

(B) The public utilities commission and the office of the	58003
consumers' counsel shall follow the policy specified in this	58004
section in exercising their respective authorities relative to	58005
sections 4929.03 to 4929.30 of the Revised Code.	58006

(C) Nothing in Chapter 4929. of the Revised Code shall be	58007
construed to alter the public utilities commission's construction	58008
or application of division ~~(A)(5)~~(E) of section 4905.03 of the	58009
Revised Code.	58010

Sec. 4929.041. (A) As used in this section, "regulatory	58011
exemption" means an exemption from all provisions of Chapter 4905.	58012
of the Revised Code with the exception of sections 4905.10,	58013
4905.35, and 4905.90 to 4905.96 of the Revised Code, Chapters	58014
4909., 4933., and 4935. of the Revised Code, with the exception of	58015
section 4935.03 of the Revised Code, and from any rule or order	58016
issued under the exempted provisions of those chapters.	58017

(B) The public utilities commission, upon ~~the~~an application	58018
offiled under section 4909.18 of the Revised Code by a natural	58019
gas company in substantial compliance with the policy specified in	58020
section 4929.02 of the Revised Code, shall ~~exempt~~grant a	58021
regulatory exemption, by order, ~~any investment~~for either or both	58022
of the following:	58023

(1) Any investments in ~~gathering lines or~~ storage or	58024
gathering facilities placed into service on or after January 1,	58025
2010, and also any service of the natural gas company related to	58026
those ~~gathering lines or storage~~ facilities ~~from all provisions~~	58027
~~of Chapter 4905. of the Revised Code with the exception of~~	58028
~~sections 4905.10, 4905.35, and 4905.90 to 4905.96 of the Revised~~	58029
~~Code, Chapters 4909., 4933., and 4935. of the Revised Code, with~~	58030
~~the exception of section 4935.03 of the Revised Code, and from any~~	58031
~~rule or order issued under the exempted provisions of those~~	58032
~~chapters~~;	58033

(2) Any investments in gathering facilities placed into	58034
service before January 1, 2010, and also any service of the	58035
natural gas company related to those facilities.	58036

(C)(1) A natural gas company requesting a regulatory	58037
exemption under division (B)(2) of this section shall identify in	58038
the application both of the following:	58039

(a) The valuation of the investments to be exempted, as	58040
determined under division (A)(1) of section 4909.15 of the Revised	58041
Code, in the rate case proceeding that established the company's	58042
rates in effect at the time of the filing of the application	58043
requesting the regulatory exemption;	58044

(b) The valuation of all nonexempt investments placed into	58045
service after the date certain used in the rate case proceeding	58046
described in division (C)(1)(a) of this section, excluding	58047
investments for which deferral or recovery is authorized under	58048
section 4909.18, 4929.05, or 4929.111 of the Revised Code.	58049

(2) The commission shall compare the valuations identified in	58050
divisions (C)(1)(a) and (b) of this section.	58051

(a) If the valuation identified in division (C)(1)(a) of this	58052
section exceeds the valuation identified in division (C)(1)(b) of	58053
this section, the commission shall, in addition to the adjustments	58054
needed to implement the regulatory exemption, reduce the gross	58055
annual revenues to which the utility is entitled under division	58056
(B) of section 4909.15 of the Revised Code by applying the rate of	58057
return, as determined under division (A)(2) of section 4909.15 of	58058
the Revised Code in the rate case proceeding in which the	58059
regulatory exemption is being sought, to the difference in the two	58060
valuations.	58061

(b) If the valuation identified in division (C)(1)(a) of this	58062
section does not exceed the valuation identified in division	58063
(C)(1)(b) of this section, the commission shall make no	58064
adjustments beyond those needed to implement the regulatory	58065
exemption.	58066

(3) If the company, after a regulatory exemption has been	58067
granted under division (B)(2) of this section, subsequently places	58068
into service investments that perform the function that had been	58069
provided by the exempt investments prior to the granting of the	58070
regulatory exemption, the company shall not be authorized to	58071
recover revenues related to the investments placed into service	58072
greater than those consistent with the value of the exempt assets	58073
as would be determined under division (A)(1) of section 4909.15 of	58074
the Revised Code in the company's next rate case.	58075

~~(B)~~(D)(1) Subject to division ~~(C)~~(E) of this section, a	58076
natural gas company subject to ana regulatory exemption ~~order~~	58077
~~issued under division (A) of this section~~ shall, to the maximum	58078
extent practicable, keep separate the company's operations,	58079
resources, and employees, and the associated books and records,	58080
involved in the provision or marketing of a company-provided	58081
service related to an investment exempted under the regulatory	58082
exemption ~~order~~ from the operations, resources, and employees, and	58083
the associated books and records, involved in the provision or	58084
marketing of any company-provided service not exempted under the	58085
regulatory exemption ~~order~~ or any other section of the Revised	58086
Code.	58087

(2) An order granting regulatory exemption ~~order issued under~~	58088
~~division (A) of this section~~ shall prescribe a functional	58089
separation plan for compliance with division ~~(B)~~(D)(1) of this	58090
section.	58091

~~(C)~~(E)(1) No natural gas company subject to ana regulatory	58092
exemption ~~order issued under division (A) of this section~~ may use	58093
the company's storage ~~facilities and~~or gathering ~~lines~~	58094
facilities associated with the regulatory exemption ~~order~~ to	58095
provide a commodity sales service that is unregulated or subject	58096
to an exemption order issued under section 4929.04 of the Revised	58097
Code.	58098

(2) Upon application to the commission by a natural gas	58099
company and upon a finding of good cause shown, the commission	58100
may, by order, waive the prohibition described in division	58101
~~(C)~~(E)(1) of this section. The natural gas company shall bear the	58102
burden of proof that the waiver is just and reasonable, which	58103
shall constitute good cause.	58104

~~(D)~~(F) The commission shall have continuous jurisdiction to	58105
enforce any terms that it imposes in ana regulatory exemption	58106
~~order issued under division (A) of this section~~. Whenever the	58107
commission is of the opinion, after hearing had upon complaint or	58108
upon its own initiative or complaint, served as provided in	58109
section 4905.26 of the Revised Code, that ana regulatory	58110
exemption ~~order issued under division (A) of this section~~ has	58111
adversely affected the quality, adequacy, or sufficiency of	58112
service provided by the company subject to the regulatory	58113
exemption ~~order~~, the commission may alter, amend, or suspend the	58114
regulatory exemption ~~order~~.	58115

Sec. 4929.042. A natural gas company shall notify the public	58116
utilities commission in writing before converting the use of any	58117
gathering facilities described in division (B)(2) of section	58118
4929.041 of the Revised Code.	58119

Sec. 4933.18. (A) In a prosecution for a theft offense, as	58120
defined in section 2913.01 of the Revised Code, that involves	58121
alleged tampering with a gas, electric, steam, or water meter,	58122
conduit, or attachment of a utility that has been disconnected by	58123
the utility, proof that a meter, conduit, or attachment of a	58124
utility has been tampered with is prima-facie evidence that the	58125
person who is obligated to pay for the service rendered through	58126
the meter, conduit, or attachment and is in possession or control	58127
of the meter, conduit, or attachment at the time the tampering	58128
occurred has caused the tampering with intent to commit a theft	58129
offense.	58130

In a prosecution for a theft offense, as defined in section	58131
2913.01 of the Revised Code, that involves the alleged	58132
reconnection of a gas, electric, steam, or water meter, conduit,	58133
or attachment of a utility that has been disconnected by the	58134
utility, proof that a meter, conduit, or attachment disconnected	58135
by a utility has been reconnected without the consent of the	58136
utility is prima-facie evidence that the person in possession or	58137
control of the meter, conduit, or attachment at the time of the	58138
reconnection has reconnected the meter, conduit, or attachment	58139
with intent to commit a theft offense.	58140

(B) As used in this section:

58141

(1) "Utility" means any electric light company, gas company,	58142
natural gas company, pipe-line company, water-works company, or	58143
heating or cooling company, as defined by division ~~(A)(3), (4),~~	58144
~~(5), (6), (7)~~(C), (D), (E), (F), (G), or ~~(8)~~(H) of section 4905.03	58145
of the Revised Code, its lessees, trustees, or receivers, or any	58146
similar utility owned or operated by a political subdivision.	58147

(2) "Tamper" means to interfere with, damage, or by-pass a	58148
utility meter, conduit, or attachment with the intent to impede	58149
the correct registration of a meter or the proper functions of a	58150
conduit or attachment so as to reduce the amount of utility	58151
service that is registered on the meter.	58152

Sec. 4933.19. Each electric light company, gas company,	58153
natural gas company, pipe-line company, water-works company, or	58154
heating or cooling company, as defined by division ~~(A)(3), (4),~~	58155
~~(5), (6), (7),~~(C), (D), (E), (F), (G), or ~~(8)~~(H) of section	58156
4905.03 of the Revised Code, or its lessees, trustees, or	58157
receivers, and each similar utility owned or operated by a	58158
political subdivision shall notify its customers, on an annual	58159
basis, that tampering with or bypassing a meter constitutes a	58160
theft offense that could result in the imposition of criminal	58161
sanctions.	58162

Sec. 4939.01. As used in sections 4939.01 to 4939.08 of the	58163
Revised Code:	58164

(A) "Cable operator," "cable service," and "franchise" have	58165
the same meanings as in the "Cable Communications Policy Act of	58166
1984," 98 Stat. 2779, 47 U.S.C.A. 522.	58167

(B) "Occupy or use" means, with respect to a public way, to	58168
place a tangible thing in a public way for any purpose, including,	58169
but not limited to, constructing, repairing, positioning,	58170
maintaining, or operating lines, poles, pipes, conduits, ducts,	58171
equipment, or other structures, appurtenances, or facilities	58172
necessary for the delivery of public utility services or any	58173
services provided by a cable operator.	58174

(C) "Person" means any natural person, corporation, or	58175
partnership and also includes any governmental entity.	58176

(D) "Public utility" means any company described in section	58177
4905.03 of the Revised Code except in divisions ~~(A)(2)~~(B) and	58178
~~(9)~~(I) of that section, which company also is a public utility as	58179
defined in section 4905.02 of the Revised Code; and includes any	58180
electric supplier as defined in section 4933.81 of the Revised	58181
Code.	58182

(E) "Public way" means the surface of, and the space within,	58183
through, on, across, above, or below, any public street, public	58184
road, public highway, public freeway, public lane, public path,	58185
public alley, public court, public sidewalk, public boulevard,	58186
public parkway, public drive, and any other land dedicated or	58187
otherwise designated for a compatible public use, which, on or	58188
after ~~the effective date of this section~~July 2, 2002, is owned or	58189
controlled by a municipal corporation. "Public way" excludes a	58190
private easement.	58191

(F) "Public way fee" means a fee levied to recover the costs	58192
incurred by a municipal corporation and associated with the	58193
occupancy or use of a public way.	58194

Sec. 4953.04. No union terminal company or corporation shall	58195
engage in the business of a for-hire motor ~~transportation service~~	58196
carrier, as defined in ~~sections 4905.03, 4921.02, and 4923.02~~	58197
4921.01 of the Revised Code, over any public highway in this	58198
state, without obtaining authority from the public utilities	58199
commission, and complying with all laws governing every	58200
corporation or company when engaged or proposing to engage in ~~such~~	58201
the business of a for-hire motor ~~transportation service~~carrier.	58202

Sec. 4961.03. Any railroad company owning or operating a	58203
railroad in this state may own, control, operate, or manage motor	58204
vehicles for the purpose of transporting persons or property, or	58205
both, upon the public highways for hire, subject to ~~sections~~	58206
~~4921.02 to 4921.32, inclusive,~~Chapters 4921. and 4923. of the	58207
Revised Code. Any railroad company may also own and operate	58208
equipment for and engage in the business of aerial transportation.	58209
Any railroad company may acquire, own, and hold capital stock and	58210
securities of corporations organized for or engaged in the	58211
businesses authorized in this section and may operate the	58212
properties, or any part thereof, of such corporations, and may	58213
enter into working arrangements and agreements with such	58214
corporations.	58215

Sec. 4965.54. Any common carrier, railroad, or	58216
~~transportation company~~motor carrier receiving property at a point	58217
within this state for transportation to a point within this state,	58218
shall issue a receipt or bill of lading for such property and is	58219
liable to the lawful holder of it for any loss, damage, or injury	58220
to such property caused by it or by any common carrier, railroad,	58221
or transportation company to which such property is delivered or	58222
over whose line such property passes. No contract, receipt, rule,	58223
or regulation shall exempt such common carrier, railroad, or	58224
~~transportation company~~motor carrier from the liability imposed by	58225
this section. This section does not deprive any holder of such	58226
receipt or bill of lading of any remedy or right of action which	58227
hethe holder has under existing law.	58228

The common carrier, railroad, or ~~transportation company~~motor	58229
carrier issuing such receipt or bill of lading may recover from	58230
the common carrier, railroad, or ~~transportation company~~motor	58231
carrier on whose line the loss, damage, or injury was sustained	58232
the amount of such loss, damage, or injury it is required to pay	58233
the owners of such property as is evidenced by any receipt,	58234
judgment, or transcript thereof.	58235

As used in this section, "motor carrier" has the same meaning	58236
as in section 4923.01 of the Revised Code.	58237

Sec. 5101.01. (A) As used in the Revised Code, the	58238
"department of public welfare" and the "department of human	58239
services" mean the department of job and family services and the	58240
"director of public welfare" and the "director of human services"	58241
mean the director of job and family services. Whenever the	58242
department or director of public welfare or the department or	58243
director of human services is referred to or designated in any	58244
statute, rule, contract, grant, or other document, the reference	58245
or designation shall be deemed to refer to the department or	58246
director of job and family services, as the case may be.	58247

(B) As used in this chapter ~~of the Revised Code~~:

58248

(1) References ~~to counties or~~ to a county ~~departments~~	58249
department of job and family services include ~~the~~a joint county	58250
department of job and family services established under section	58251
329.40 of the Revised Code.	58252

(2) References to ~~boards~~a board of county commissioners	58253
include ~~boards~~the board of directors of ~~the~~a joint county	58254
department of job and family services established under section	58255
329.40 of the Revised Code.	58256

Sec. 5101.46. (A) As used in this section:

58257

(1) "Title XX" means Title XX of the "Social Security Act,"	58258
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	58259

(2) "Respective local agency" means, with respect to the	58260
department of job and family services, a county department of job	58261
and family services; with respect to the department of mental	58262
health, a board of alcohol, drug addiction, and mental health	58263
services; and with respect to the department of developmental	58264
disabilities, a county board of developmental disabilities.	58265

(3) "Federal poverty guidelines" means the poverty guidelines	58266
as revised annually by the United States department of health and	58267
human services in accordance with section 673(2) of the "Omnibus	58268
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	58269
9902, as amended, for a family size equal to the size of the	58270
family of the person whose income is being determined.	58271

(B) The departments of job and family services, mental	58272
health, and developmental disabilities, with their respective	58273
local agencies, shall administer the provision of social services	58274
funded through grants made under Title XX. The social services	58275
furnished with Title XX funds shall be directed at the following	58276
goals:	58277

(1) Achieving or maintaining economic self-support to	58278
prevent, reduce, or eliminate dependency;	58279

(2) Achieving or maintaining self-sufficiency, including	58280
reduction or prevention of dependency;	58281

(3) Preventing or remedying neglect, abuse, or exploitation	58282
of children and adults unable to protect their own interests, or	58283
preserving, rehabilitating, or reuniting families;	58284

(4) Preventing or reducing inappropriate institutional care	58285
by providing for community-based care, home-based care, or other	58286
forms of less intensive care;	58287

(5) Securing referral or admission for institutional care	58288
when other forms of care are not appropriate, or providing	58289
services to individuals in institutions.	58290

(C)(1) All federal funds received under Title XX shall be	58291
appropriated as follows:	58292

(a) Seventy-two and one-half per cent to the department of	58293
job and family services;	58294

(b) Twelve and ninety-three ~~one-hundreths~~one-hundredths per	58295
cent to the department of mental health;	58296

(c) Fourteen and fifty-seven ~~one-hundreths~~one-hundredths per	58297
cent to the department of developmental disabilities.	58298

(2) Each of the state departments shall, subject to the	58299
approval of the controlling board, develop a formula for the	58300
distribution of the Title XX funds appropriated to the department	58301
to its respective local agencies. The formula developed by each	58302
state department shall take into account all of the following for	58303
each of its respective local agencies:	58304

(a) The total population of the area that is served by the	58305
respective local agency;	58306

(b) The percentage of the population in the area served that	58307
falls below the federal poverty guidelines;	58308

(c) The respective local agency's history of and ability to	58309
utilize Title XX funds.	58310

(3) Each of the state departments shall expend for state	58311
administrative costs not more than three per cent of the Title XX	58312
funds appropriated to the department.	58313

Each state department shall establish for each of its	58314
respective local agencies the maximum percentage of the Title XX	58315
funds distributed to the respective local agency that the	58316
respective local agency may expend for local administrative costs.	58317
The percentage shall be established by rule and shall comply with	58318
federal law governing the use of Title XX funds. The rules shall	58319
be adopted in accordance with section 111.15 of the Revised Code	58320
as if they were internal management rules.	58321

(4) The department of job and family services shall expend	58322
for the training of the following not more than two per cent of	58323
the Title XX funds appropriated to the department:	58324

(a) Employees of county departments of job and family	58325
services;	58326

(b) Providers of services under contract with the state	58327
departments' respective local agencies;	58328

(c) Employees of a public children services agency directly	58329
engaged in providing Title XX services.	58330

(D) The department of job and family services shall prepare a	58331
~~biennial~~an annual comprehensive Title XX social services plan on	58332
the intended use of Title XX funds. The department shall develop a	58333
method for obtaining public comment during the development of the	58334
plan and following its completion.	58335

For each ~~state~~federal fiscal year, the department of job and	58336
family services shall prepare a report on the actual use of Title	58337
XX funds. The department shall make the annual report available	58338
for public inspection.	58339

The departments of mental health and developmental	58340
disabilities shall prepare and submit to the department of job and	58341
family services the portions of each ~~biennial~~annual plan and	58342
~~annual~~ report that apply to services for mental health and mental	58343
retardation and developmental disabilities. Each respective local	58344
agency of the three state departments shall submit information as	58345
necessary for the preparation of ~~biennial~~annual plans and ~~annual~~	58346
reports.	58347

(E) Each county department of job and family services shall	58348
adopt a county profile for the administration and provision of	58349
Title XX social services in the county. In developing its county	58350
profile, the county department shall take into consideration the	58351
comments and recommendations received from the public by the	58352
county family services planning committee pursuant to section	58353
329.06 of the Revised Code. As part of its preparation of the	58354
county profile, the county department may prepare a local needs	58355
report analyzing the need for Title XX social services.	58356

The county department shall submit the county profile to the	58357
board of county commissioners for its review. Once the county	58358
profile has been approved by the board, the county department	58359
shall file a copy of the county profile with the department of job	58360
and family services. The department shall approve the county	58361
profile if the department determines the profile provides for the	58362
Title XX social services to meet the goals specified in division	58363
(B) of this section.	58364

(F) Any of the three state departments and their respective	58365
local agencies may require that an entity under contract to	58366
provide social services with Title XX funds submit to an audit on	58367
the basis of alleged misuse or improper accounting of funds. If an	58368
audit is required, the social services provider shall reimburse	58369
the state department or respective local agency for the cost it	58370
incurred in conducting the audit or having the audit conducted.	58371

If an audit demonstrates that a social services provider is	58372
responsible for one or more adverse findings, the provider shall	58373
reimburse the appropriate state department or its respective local	58374
agency the amount of the adverse findings. The amount shall not be	58375
reimbursed with Title XX funds received under this section. The	58376
three state departments and their respective local agencies may	58377
terminate or refuse to enter into a Title XX contract with a	58378
social services provider if there are adverse findings in an audit	58379
that are the responsibility of the provider.	58380

(G) Except with respect to the matters for which each of the	58381
state departments must adopt rules under division (C)(3) of this	58382
section, the department of job and family services may adopt any	58383
rules it considers necessary to implement and carry out the	58384
purposes of this section. Rules governing financial and	58385
operational matters of the department or matters between the	58386
department and county departments of job and family services shall	58387
be adopted as internal management rules in accordance with section	58388
111.15 of the Revised Code. Rules governing eligibility for	58389
services, program participation, and other matters pertaining to	58390
applicants and participants shall be adopted in accordance with	58391
Chapter 119. of the Revised Code.	58392

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	58393
Revised Code:	58394

(A) "Abuse" means the infliction upon an adult by self or	58395
others of injury, unreasonable confinement, intimidation, or cruel	58396
punishment with resulting physical harm, pain, or mental anguish.	58397

(B) "Adult" means any person sixty years of age or older	58398
within this state who is handicapped by the infirmities of aging	58399
or who has a physical or mental impairment which prevents the	58400
person from providing for the person's own care or protection, and	58401
who resides in an independent living arrangement. An "independent	58402
living arrangement" is a domicile of a person's own choosing,	58403
including, but not limited to, a private home, apartment, trailer,	58404
or rooming house. An "independent living arrangement" includes an	58405
~~adult care~~a residential facility licensed ~~pursuant to Chapter~~	58406
~~5119.~~under section 5119.22 of the Revised Code that provides	58407
accommodations, supervision, and personal care services for three	58408
to sixteen unrelated adults, but does not include other	58409
institutions or facilities licensed by the state or facilities in	58410
which a person resides as a result of voluntary, civil, or	58411
criminal commitment.	58412

(C) "Caretaker" means the person assuming the responsibility	58413
for the care of an adult on a voluntary basis, by contract,	58414
through receipt of payment for care, as a result of a family	58415
relationship, or by order of a court of competent jurisdiction.	58416

(D) "Court" means the probate court in the county where an	58417
adult resides.	58418

(E) "Emergency" means that the adult is living in conditions	58419
which present a substantial risk of immediate and irreparable	58420
physical harm or death to self or any other person.	58421

(F) "Emergency services" means protective services furnished	58422
to an adult in an emergency.	58423

(G) "Exploitation" means the unlawful or improper act of a	58424
caretaker using an adult or an adult's resources for monetary or	58425
personal benefit, profit, or gain.	58426

(H) "In need of protective services" means an adult known or	58427
suspected to be suffering from abuse, neglect, or exploitation to	58428
an extent that either life is endangered or physical harm, mental	58429
anguish, or mental illness results or is likely to result.	58430

(I) "Incapacitated person" means a person who is impaired for	58431
any reason to the extent that the person lacks sufficient	58432
understanding or capacity to make and carry out reasonable	58433
decisions concerning the person's self or resources, with or	58434
without the assistance of a caretaker. Refusal to consent to the	58435
provision of services shall not be the sole determinative that the	58436
person is incapacitated. "Reasonable decisions" are decisions made	58437
in daily living which facilitate the provision of food, shelter,	58438
clothing, and health care necessary for life support.	58439

(J) "Mental illness" means a substantial disorder of thought,	58440
mood, perception, orientation, or memory that grossly impairs	58441
judgment, behavior, capacity to recognize reality, or ability to	58442
meet the ordinary demands of life.	58443

(K) "Neglect" means the failure of an adult to provide for	58444
self the goods or services necessary to avoid physical harm,	58445
mental anguish, or mental illness or the failure of a caretaker to	58446
provide such goods or services.	58447

(L) "Peace officer" means a peace officer as defined in	58448
section 2935.01 of the Revised Code.	58449

(M) "Physical harm" means bodily pain, injury, impairment, or	58450
disease suffered by an adult.	58451

(N) "Protective services" means services provided by the	58452
county department of job and family services or its designated	58453
agency to an adult who has been determined by evaluation to	58454
require such services for the prevention, correction, or	58455
discontinuance of an act of as well as conditions resulting from	58456
abuse, neglect, or exploitation. Protective services may include,	58457
but are not limited to, case work services, medical care, mental	58458
health services, legal services, fiscal management, home health	58459
care, homemaker services, housing-related services, guardianship	58460
services, and placement services as well as the provision of such	58461
commodities as food, clothing, and shelter.	58462

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	58463
and Friday, except when such day is a holiday as defined in	58464
section 1.14 of the Revised Code.	58465

Sec. 5101.61. (A) As used in this section:

58466

(1) "Senior service provider" means any person who provides	58467
care or services to a person who is an adult as defined in	58468
division (B) of section 5101.60 of the Revised Code.	58469

(2) "Ambulatory health facility" means a nonprofit, public or	58470
proprietary freestanding organization or a unit of such an agency	58471
or organization that:	58472

(a) Provides preventive, diagnostic, therapeutic,	58473
rehabilitative, or palliative items or services furnished to an	58474
outpatient or ambulatory patient, by or under the direction of a	58475
physician or dentist in a facility which is not a part of a	58476
hospital, but which is organized and operated to provide medical	58477
care to outpatients;	58478

(b) Has health and medical care policies which are developed	58479
with the advice of, and with the provision of review of such	58480
policies, an advisory committee of professional personnel,	58481
including one or more physicians, one or more dentists, if dental	58482
care is provided, and one or more registered nurses;	58483

(c) Has a medical director, a dental director, if dental care	58484
is provided, and a nursing director responsible for the execution	58485
of such policies, and has physicians, dentists, nursing, and	58486
ancillary staff appropriate to the scope of services provided;	58487

(d) Requires that the health care and medical care of every	58488
patient be under the supervision of a physician, provides for	58489
medical care in a case of emergency, has in effect a written	58490
agreement with one or more hospitals and other centers or clinics,	58491
and has an established patient referral system to other resources,	58492
and a utilization review plan and program;	58493

(e) Maintains clinical records on all patients;

58494

(f) Provides nursing services and other therapeutic services	58495
in accordance with programs and policies, with such services	58496
supervised by a registered professional nurse, and has a	58497
registered professional nurse on duty at all times of clinical	58498
operations;	58499

(g) Provides approved methods and procedures for the	58500
dispensing and administration of drugs and biologicals;	58501

(h) Has established an accounting and record keeping system	58502
to determine reasonable and allowable costs;	58503

(i) "Ambulatory health facilities" also includes an	58504
alcoholism treatment facility approved by the joint commission on	58505
accreditation of healthcare organizations as an alcoholism	58506
treatment facility or certified by the department of alcohol and	58507
drug addiction services, and such facility shall comply with other	58508
provisions of this division not inconsistent with such	58509
accreditation or certification.	58510

(3) "Community mental health facility" means a facility which	58511
provides community mental health services and is included in the	58512
comprehensive mental health plan for the alcohol, drug addiction,	58513
and mental health service district in which it is located.	58514

(4) "Community mental health service" means services, other	58515
than inpatient services, provided by a community mental health	58516
facility.	58517

(5) "Home health agency" means an institution or a distinct	58518
part of an institution operated in this state which:	58519

(a) Is primarily engaged in providing home health services;

58520

(b) Has home health policies which are established by a group	58521
of professional personnel, including one or more duly licensed	58522
doctors of medicine or osteopathy and one or more registered	58523
professional nurses, to govern the home health services it	58524
provides and which includes a requirement that every patient must	58525
be under the care of a duly licensed doctor of medicine or	58526
osteopathy;	58527

(c) Is under the supervision of a duly licensed doctor of	58528
medicine or doctor of osteopathy or a registered professional	58529
nurse who is responsible for the execution of such home health	58530
policies;	58531

(d) Maintains comprehensive records on all patients;

58532

(e) Is operated by the state, a political subdivision, or an	58533
agency of either, or is operated not for profit in this state and	58534
is licensed or registered, if required, pursuant to law by the	58535
appropriate department of the state, county, or municipality in	58536
which it furnishes services; or is operated for profit in this	58537
state, meets all the requirements specified in divisions (A)(5)(a)	58538
to (d) of this section, and is certified under Title XVIII of the	58539
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	58540
amended.	58541

(6) "Home health service" means the following items and	58542
services, provided, except as provided in division (A)(6)(g) of	58543
this section, on a visiting basis in a place of residence used as	58544
the patient's home:	58545

(a) Nursing care provided by or under the supervision of a	58546
registered professional nurse;	58547

(b) Physical, occupational, or speech therapy ordered by the	58548
patient's attending physician;	58549

(c) Medical social services performed by or under the	58550
supervision of a qualified medical or psychiatric social worker	58551
and under the direction of the patient's attending physician;	58552

(d) Personal health care of the patient performed by aides in	58553
accordance with the orders of a doctor of medicine or osteopathy	58554
and under the supervision of a registered professional nurse;	58555

(e) Medical supplies and the use of medical appliances;

58556

(f) Medical services of interns and residents-in-training	58557
under an approved teaching program of a nonprofit hospital and	58558
under the direction and supervision of the patient's attending	58559
physician;	58560

(g) Any of the foregoing items and services which:

58561

(i) Are provided on an outpatient basis under arrangements	58562
made by the home health agency at a hospital or skilled nursing	58563
facility;	58564

(ii) Involve the use of equipment of such a nature that the	58565
items and services cannot readily be made available to the patient	58566
in the patient's place of residence, or which are furnished at the	58567
hospital or skilled nursing facility while the patient is there to	58568
receive any item or service involving the use of such equipment.	58569

Any attorney, physician, osteopath, podiatrist, chiropractor,	58570
dentist, psychologist, any employee of a hospital as defined in	58571
section 3701.01 of the Revised Code, any nurse licensed under	58572
Chapter 4723. of the Revised Code, any employee of an ambulatory	58573
health facility, any employee of a home health agency, any	58574
employee of ~~an adult care~~a residential facility ~~as defined in~~	58575
licensed under section ~~5119.70~~5119.22 of the Revised Code that	58576
provides accommodations, supervision, and personal care services	58577
for three to sixteen unrelated adults, any employee of a nursing	58578
home, residential care facility, or home for the aging, as defined	58579
in section 3721.01 of the Revised Code, any senior service	58580
provider, any peace officer, coroner, ~~clergyman~~member of the	58581
clergy, any employee of a community mental health facility, and	58582
any person engaged in social work or counseling having reasonable	58583
cause to believe that an adult is being abused, neglected, or	58584
exploited, or is in a condition which is the result of abuse,	58585
neglect, or exploitation shall immediately report such belief to	58586
the county department of job and family services. This section	58587
does not apply to employees of any hospital or public hospital as	58588
defined in section 5122.01 of the Revised Code.	58589

(B) Any person having reasonable cause to believe that an	58590
adult has suffered abuse, neglect, or exploitation may report, or	58591
cause reports to be made of such belief to the department.	58592

(C) The reports made under this section shall be made orally	58593
or in writing except that oral reports shall be followed by a	58594
written report if a written report is requested by the department.	58595
Written reports shall include:	58596

(1) The name, address, and approximate age of the adult who	58597
is the subject of the report;	58598

(2) The name and address of the individual responsible for	58599
the adult's care, if any individual is, and if the individual is	58600
known;	58601

(3) The nature and extent of the alleged abuse, neglect, or	58602
exploitation of the adult;	58603

(4) The basis of the reporter's belief that the adult has	58604
been abused, neglected, or exploited.	58605

(D) Any person with reasonable cause to believe that an adult	58606
is suffering abuse, neglect, or exploitation who makes a report	58607
pursuant to this section or who testifies in any administrative or	58608
judicial proceeding arising from such a report, or any employee of	58609
the state or any of its subdivisions who is discharging	58610
responsibilities under section 5101.62 of the Revised Code shall	58611
be immune from civil or criminal liability on account of such	58612
investigation, report, or testimony, except liability for perjury,	58613
unless the person has acted in bad faith or with malicious	58614
purpose.	58615

(E) No employer or any other person with the authority to do	58616
so shall discharge, demote, transfer, prepare a negative work	58617
performance evaluation, or reduce benefits, pay, or work	58618
privileges, or take any other action detrimental to an employee or	58619
in any way retaliate against an employee as a result of the	58620
employee's having filed a report under this section.	58621

(F) Neither the written or oral report provided for in this	58622
section nor the investigatory report provided for in section	58623
5101.62 of the Revised Code shall be considered a public record as	58624
defined in section 149.43 of the Revised Code. Information	58625
contained in the report shall upon request be made available to	58626
the adult who is the subject of the report, to agencies authorized	58627
by the department to receive information contained in the report,	58628
and to legal counsel for the adult.	58629

Sec. 5104.012. (A)(1) At the times specified in this	58630
division, the administrator of a child day-care center or a type A	58631
family day-care home shall request the superintendent of the	58632
bureau of criminal identification and investigation to conduct a	58633
criminal records check with respect to any applicant who has	58634
applied to the center or type A home for employment as a person	58635
responsible for the care, custody, or control of a child.	58636

The administrator shall request a criminal records check	58637
pursuant to this division at the time of the applicant's initial	58638
application for employment and every four years thereafter. When	58639
the administrator requests pursuant to this division a criminal	58640
records check for an applicant at the time of the applicant's	58641
initial application for employment, the administrator shall	58642
request that the superintendent obtain information from the	58643
federal bureau of investigation as a part of the criminal records	58644
check for the applicant, including fingerprint-based checks of	58645
national crime information databases as described in 42 U.S.C.	58646
671, for the person subject to the criminal records check. In all	58647
other cases in which the administrator requests a criminal records	58648
check for an applicant pursuant to this division, the	58649
administrator may request that the superintendent include	58650
information from the federal bureau of investigation in the	58651
criminal records check, including fingerprint-based checks of	58652
national crime information databases as described in 42 U.S.C.	58653
671.	58654

(2) A person required by division (A)(1) of this section to	58655
request a criminal records check shall provide to each applicant a	58656
copy of the form prescribed pursuant to division (C)(1) of section	58657
109.572 of the Revised Code, provide to each applicant a standard	58658
impression sheet to obtain fingerprint impressions prescribed	58659
pursuant to division (C)(2) of section 109.572 of the Revised	58660
Code, obtain the completed form and impression sheet from each	58661
applicant, and forward the completed form and impression sheet to	58662
the superintendent of the bureau of criminal identification and	58663
investigation at the time the person requests a criminal records	58664
check pursuant to division (A)(1) of this section. On and after	58665
August 14, 2008, the administrator of a child day-care center or a	58666
type A family day-care home shall review the results of the	58667
criminal records check before the applicant has sole	58668
responsibility for the care, custody, or control of any child.	58669

(3) An applicant who receives pursuant to division (A)(2) of	58670
this section a copy of the form prescribed pursuant to division	58671
(C)(1) of section 109.572 of the Revised Code and a copy of an	58672
impression sheet prescribed pursuant to division (C)(2) of that	58673
section and who is requested to complete the form and provide a	58674
set of fingerprint impressions shall complete the form or provide	58675
all the information necessary to complete the form and shall	58676
provide the impression sheet with the impressions of the	58677
applicant's fingerprints. If an applicant, upon request, fails to	58678
provide the information necessary to complete the form or fails to	58679
provide impressions of the applicant's fingerprints, the center or	58680
type A home shall not employ that applicant for any position for	58681
which a criminal records check is required by division (A)(1) of	58682
this section.	58683

(B)(1) Except as provided in rules adopted under division (E)	58684
of this section, no child day-care center or type A family	58685
day-care home shall employ or contract with another entity for the	58686
services of a person as a person responsible for the care,	58687
custody, or control of a child if the person previously has been	58688
convicted of or pleaded guilty to any of the violations described	58689
in division (A)~~(9)~~(5) of section 109.572 of the Revised Code.	58690

(2) A child day-care center or type A family day-care home	58691
may employ an applicant conditionally until the criminal records	58692
check required by this section is completed and the center or home	58693
receives the results of the criminal records check. If the results	58694
of the criminal records check indicate that, pursuant to division	58695
(B)(1) of this section, the applicant does not qualify for	58696
employment, the center or home shall release the applicant from	58697
employment.	58698

(C)(1) Each child day-care center and type A family day-care	58699
home shall pay to the bureau of criminal identification and	58700
investigation the fee prescribed pursuant to division (C)(3) of	58701
section 109.572 of the Revised Code for each criminal records	58702
check conducted in accordance with that section upon the request	58703
pursuant to division (A)(1) of this section of the administrator	58704
or provider of the center or home.	58705

(2) A child day-care center and type A family day-care home	58706
may charge an applicant a fee for the costs it incurs in obtaining	58707
a criminal records check under this section. A fee charged under	58708
this division shall not exceed the amount of fees the center or	58709
home pays under division (C)(1) of this section. If a fee is	58710
charged under this division, the center or home shall notify the	58711
applicant at the time of the applicant's initial application for	58712
employment of the amount of the fee and that, unless the fee is	58713
paid, the center or type A home will not consider the applicant	58714
for employment.	58715

(D) The report of any criminal records check conducted by the	58716
bureau of criminal identification and investigation in accordance	58717
with section 109.572 of the Revised Code and pursuant to a request	58718
under division (A)(1) of this section is not a public record for	58719
the purposes of section 149.43 of the Revised Code and shall not	58720
be made available to any person other than the applicant who is	58721
the subject of the criminal records check or the applicant's	58722
representative; the center or type A home requesting the criminal	58723
records check or its representative; the department of job and	58724
family services or a county department of job and family services;	58725
and any court, hearing officer, or other necessary individual	58726
involved in a case dealing with the denial of employment to the	58727
applicant.	58728

(E) The director of job and family services shall adopt rules	58729
pursuant to Chapter 119. of the Revised Code to implement this	58730
section, including rules specifying circumstances under which a	58731
center or home may hire a person who has been convicted of an	58732
offense listed in division (B)(1) of this section but who meets	58733
standards in regard to rehabilitation set by the department.	58734

(F) Any person required by division (A)(1) of this section to	58735
request a criminal records check shall inform each person, at the	58736
time of the person's initial application for employment, that the	58737
person is required to provide a set of impressions of the person's	58738
fingerprints and that a criminal records check is required to be	58739
conducted and satisfactorily completed in accordance with section	58740
109.572 of the Revised Code if the person comes under final	58741
consideration for appointment or employment as a precondition to	58742
employment for that position.	58743

(G) As used in this section:

58744

(1) "Applicant" means a person who is under final	58745
consideration for appointment to or employment in a position with	58746
a child day-care center or a type A family day-care home as a	58747
person responsible for the care, custody, or control of a child;	58748
an in-home aide certified pursuant to section 5104.12 of the	58749
Revised Code; or any person who would serve in any position with a	58750
child day-care center or a type A family day-care home as a person	58751
responsible for the care, custody, or control of a child pursuant	58752
to a contract with another entity.	58753

(2) "Criminal records check" has the same meaning as in	58754
section 109.572 of the Revised Code.	58755

Sec. 5104.013. (A)(1) At the times specified in division	58756
(A)(3) of this section, the director of job and family services,	58757
as part of the process of licensure of child day-care centers and	58758
type A family day-care homes, shall request the superintendent of	58759
the bureau of criminal identification and investigation to conduct	58760
a criminal records check with respect to the following persons:	58761

(a) Any owner, licensee, or administrator of a child day-care	58762
center;	58763

(b) Any owner, licensee, or administrator of a type A family	58764
day-care home and any person eighteen years of age or older who	58765
resides in a type A family day-care home.	58766

(2) At the times specified in division (A)(3) of this	58767
section, the director of a county department of job and family	58768
services, as part of the process of certification of type B family	58769
day-care homes, shall request the superintendent of the bureau of	58770
criminal identification and investigation to conduct a criminal	58771
records check with respect to any authorized provider of a	58772
certified type B family day-care home and any person eighteen	58773
years of age or older who resides in a certified type B family	58774
day-care home.	58775

(3) The director of job and family services shall request a	58776
criminal records check pursuant to division (A)(1) of this section	58777
at the time of the initial application for licensure and every	58778
four years thereafter. The director of a county department of job	58779
and family services shall request a criminal records check	58780
pursuant to division (A)(2) of this section at the time of the	58781
initial application for certification and every four years	58782
thereafter at the time of a certification renewal. When the	58783
director of job and family services or the director of a county	58784
department of job and family services requests pursuant to	58785
division (A)(1) or (2) of this section a criminal records check	58786
for a person at the time of the person's initial application for	58787
licensure or certification, the director shall request that the	58788
superintendent of the bureau of criminal identification and	58789
investigation obtain information from the federal bureau of	58790
investigation as a part of the criminal records check for the	58791
person, including fingerprint-based checks of national crime	58792
information databases as described in 42 U.S.C. 671 for the person	58793
subject to the criminal records check. In all other cases in which	58794
the director of job and family services or the director of a	58795
county department of job and family services requests a criminal	58796
records check for an applicant pursuant to division (A)(1) or (2)	58797
of this section, the director may request that the superintendent	58798
include information from the federal bureau of investigation in	58799
the criminal records check, including fingerprint-based checks of	58800
national crime information databases as described in 42 U.S.C.	58801
671.	58802

(4) The director of job and family services shall review the	58803
results of a criminal records check subsequent to a request made	58804
pursuant to divisions (A)(1) and (3) of this section prior to	58805
approval of a license. The director of a county department of job	58806
and family services shall review the results of a criminal records	58807
check subsequent to a request made pursuant to divisions (A)(2)	58808
and (3) of this section prior to approval of certification.	58809

(B) The director of job and family services or the director	58810
of a county department of job and family services shall provide to	58811
each person for whom a criminal records check is required under	58812
this section a copy of the form prescribed pursuant to division	58813
(C)(1) of section 109.572 of the Revised Code and a standard	58814
impression sheet to obtain fingerprint impressions prescribed	58815
pursuant to division (C)(2) of that section, obtain the completed	58816
form and impression sheet from that person, and forward the	58817
completed form and impression sheet to the superintendent of the	58818
bureau of criminal identification and investigation.	58819

(C) A person who receives pursuant to division (B) of this	58820
section a copy of the form and standard impression sheet described	58821
in that division and who is requested to complete the form and	58822
provide a set of fingerprint impressions shall complete the form	58823
or provide all the information necessary to complete the form and	58824
shall provide the impression sheet with the impressions of the	58825
person's fingerprints. If the person, upon request, fails to	58826
provide the information necessary to complete the form or fails to	58827
provide impressions of the person's fingerprints, the director may	58828
consider the failure as a reason to deny licensure or	58829
certification.	58830

(D) Except as provided in rules adopted under division (G) of	58831
this section, the director of job and family services shall not	58832
grant a license to a child day-care center or type A family	58833
day-care home and a county director of job and family services	58834
shall not certify a type B family day-care home if a person for	58835
whom a criminal records check was required in connection with the	58836
center or home previously has been convicted of or pleaded guilty	58837
to any of the violations described in division (A)~~(9)~~(5) of	58838
section 109.572 of the Revised Code.	58839

(E) Each child day-care center, type A family day-care home,	58840
and type B family day-care home shall pay to the bureau of	58841
criminal identification and investigation the fee prescribed	58842
pursuant to division (C)(3) of section 109.572 of the Revised Code	58843
for each criminal records check conducted in accordance with that	58844
section upon a request made pursuant to division (A) of this	58845
section.	58846

(F) The report of any criminal records check conducted by the	58847
bureau of criminal identification and investigation in accordance	58848
with section 109.572 of the Revised Code and pursuant to a request	58849
made under division (A) of this section is not a public record for	58850
the purposes of section 149.43 of the Revised Code and shall not	58851
be made available to any person other than the person who is the	58852
subject of the criminal records check or the person's	58853
representative, the director of job and family services, the	58854
director of a county department of job and family services, the	58855
center, type A home, or type B home involved, and any court,	58856
hearing officer, or other necessary individual involved in a case	58857
dealing with a denial of licensure or certification related to the	58858
criminal records check.	58859

(G) The director of job and family services shall adopt rules	58860
pursuant to Chapter 119. of the Revised Code to implement this	58861
section, including rules specifying exceptions to the prohibition	58862
in division (D) of this section for persons who have been	58863
convicted of an offense listed in that division but who meet	58864
standards in regard to rehabilitation set by the ~~department~~	58865
director.	58866

(H) As used in this section, "criminal records check" has the	58867
same meaning as in section 109.572 of the Revised Code.	58868

Sec. 5104.051. (A)(1) The department of commerce is	58869
responsible for the inspections of child day-care centers as	58870
required by division (A)(1) of section 5104.05 of the Revised	58871
Code. Where there is a municipal, township, or county building	58872
department certified under section 3781.10 of the Revised Code to	58873
exercise enforcement authority with respect to the category of	58874
building occupancy which includes day-care centers, all	58875
inspections required under division (A)(1) of section 5104.05 of	58876
the Revised Code shall be made by that department according to the	58877
standards established by the board of building standards.	58878
Inspections in areas of the state where there is no municipal,	58879
township, or county building department certified under section	58880
3781.10 of the Revised Code to exercise enforcement authority with	58881
respect to the category of building occupancy which includes	58882
day-care centers shall be made by personnel of the department of	58883
commerce. Inspections of centers shall be contingent upon payment	58884
of a fee by the applicant to the department having jurisdiction to	58885
inspect.	58886

(2) The department of commerce is responsible for the	58887
inspections of type A family day-care homes as required by	58888
division (B)(3) of section 5104.05 of the Revised Code. Where	58889
there is a municipal, township, or county building department	58890
certified under section 3781.10 of the Revised Code to exercise	58891
enforcement authority with respect to the category of building	58892
occupancy which includes type A homes, all inspections required	58893
under division (B)(3) of section 5104.05 of the Revised Code shall	58894
be made by that department according to the standards established	58895
by the board of building standards. Inspections in areas of the	58896
state where there is no municipal, township, or county building	58897
department certified under section 3781.10 of the Revised Code to	58898
exercise enforcement authority with respect to the category of	58899
building occupancy which includes type A homes shall be made by	58900
personnel of the department of commerce. Inspections of type A	58901
homes shall be contingent upon payment of a fee by the applicant	58902
to the department having jurisdiction to inspect.	58903

(B) The state fire marshal is responsible for the inspections	58904
required by divisions (A)(2) and (B)(1) of section 5104.05 of the	58905
Revised Code. In municipal corporations and in townships outside	58906
municipal corporations where there is a fire prevention official,	58907
the inspections shall be made by the fire chief or the fire	58908
prevention official under the supervision of and according to the	58909
standards established by the state fire marshal. In townships	58910
outside municipal corporations where there is no fire prevention	58911
official, inspections shall be made by the employees of the state	58912
fire marshal.	58913

(C) The state fire marshal shall enforce all statutes and	58914
rules pertaining to fire safety and fire prevention in child	58915
day-care centers and type A family day-care homes. In the event of	58916
a dispute between the state fire marshal and any other responsible	58917
officer under sections 5104.05 and 5104.051 of the Revised Code	58918
with respect to the interpretation or application of a specific	58919
fire safety statute or rule, the interpretation of the state fire	58920
marshal shall prevail.	58921

(D) As used in this division, "licensor" has the same meaning	58922
as in section 3717.01 of the Revised Code.	58923

The licensor for food service operations in the city or	58924
general health district in which the center is located is	58925
responsible for the inspections required under Chapter 3717. of	58926
the Revised Code.	58927

(E) Any moneys collected by the department of commerce under	58928
this section shall be paid into the state treasury to the credit	58929
of the ~~labor~~industrial compliance operating fund created in	58930
section 121.084 of the Revised Code.	58931

Sec. 5104.09. (A)(1) Except as provided in rules adopted	58932
pursuant to division (D) of this section, no individual who has	58933
been convicted of or pleaded guilty to a violation described in	58934
division (A)~~(9)~~(5) of section 109.572 of the Revised Code, a	58935
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05,	58936
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35	58937
of the Revised Code or a violation of an existing or former law or	58938
ordinance of any municipal corporation, this state, any other	58939
state, or the United States that is substantially equivalent to	58940
any of those violations, or two violations of section 4511.19 of	58941
the Revised Code during operation of the center or home shall be	58942
certified as an in-home aide or be employed in any capacity in or	58943
own or operate a child day-care center, type A family day-care	58944
home, type B family day-care home, or certified type B family	58945
day-care home.	58946

(2) Each employee of a child day-care center and type A home	58947
and every person eighteen years of age or older residing in a type	58948
A home shall sign a statement on forms prescribed by the director	58949
of job and family services attesting to the fact that the employee	58950
or resident person has not been convicted of or pleaded guilty to	58951
any offense set forth in division (A)(1) of this section and that	58952
no child has been removed from the employee's or resident person's	58953
home pursuant to section 2151.353 of the Revised Code. Each	58954
licensee of a type A home shall sign a statement on a form	58955
prescribed by the director attesting to the fact that no person	58956
who resides at the type A home and who is under the age of	58957
eighteen has been adjudicated a delinquent child for committing a	58958
violation of any section listed in division (A)(1) of this	58959
section. The statements shall be kept on file at the center or	58960
type A home.	58961

(3) Each in-home aide and every person eighteen years of age	58962
or older residing in a certified type B home shall sign a	58963
statement on forms prescribed by the director of job and family	58964
services attesting that the aide or resident person has not been	58965
convicted of or pleaded guilty to any offense set forth in	58966
division (A)(1) of this section and that no child has been removed	58967
from the aide's or resident person's home pursuant to section	58968
2151.353 of the Revised Code. Each authorized provider shall sign	58969
a statement on forms prescribed by the director attesting that the	58970
provider has not been convicted of or pleaded guilty to any	58971
offense set forth in division (A)(1) of this section and that no	58972
child has been removed from the provider's home pursuant to	58973
section 2151.353 of the Revised Code. Each authorized provider	58974
shall sign a statement on a form prescribed by the director	58975
attesting to the fact that no person who resides at the certified	58976
type B home and who is under the age of eighteen has been	58977
adjudicated a delinquent child for committing a violation of any	58978
section listed in division (A)(1) of this section. The statements	58979
shall be kept on file at the county department of job and family	58980
services.	58981

(4) Each administrator and licensee of a center or type A	58982
home shall sign a statement on a form prescribed by the director	58983
of job and family services attesting that the administrator or	58984
licensee has not been convicted of or pleaded guilty to any	58985
offense set forth in division (A)(1) of this section and that no	58986
child has been removed from the administrator's or licensee's home	58987
pursuant to section 2151.353 of the Revised Code. The statement	58988
shall be kept on file at the center or type A home.	58989

(B) No in-home aide, no administrator, licensee, authorized	58990
provider, or employee of a center, type A home, or certified type	58991
B home, and no person eighteen years of age or older residing in a	58992
type A home or certified type B home shall withhold information	58993
from, or falsify information on, any statement required pursuant	58994
to division (A)(2), (3), or (4) of this section.	58995

(C) No administrator, licensee, or child-care staff member	58996
shall discriminate in the enrollment of children in a child	58997
day-care center upon the basis of race, color, religion, sex, or	58998
national origin.	58999

(D) The director of job and family services shall adopt rules	59000
pursuant to Chapter 119. of the Revised Code to implement this	59001
section, including rules specifying exceptions to the prohibition	59002
in division (A) of this section for persons who have been	59003
convicted of an offense listed in that division but meet	59004
rehabilitation standards set by the ~~department~~director.	59005

Sec. 5104.37. (A) As used in this section, "eligible	59006
provider" means an individual or entity eligible to provide	59007
publicly funded child care pursuant to section 5104.31 of the	59008
Revised Code.	59009

(B) The department of job and family services may withhold	59010
any money due,under this chapter and recover through any	59011
appropriate method any money erroneously paid, under this chapter	59012
if evidence exists of less than full compliance with this chapter	59013
and any rules adopted under it.	59014

(C) Notwithstanding any other provision of this chapter to	59015
the contrary, the department shall take action against an eligible	59016
provider as described in this section.	59017

(D) Subject to the notice and appeal provisions of divisions	59018
(G) and (H) of this section, the department may suspend a contract	59019
entered into under section 5104.32 of the Revised Code with an	59020
eligible provider if the department has initiated an investigation	59021
of the provider for either of the following reasons:	59022

(1) The department has evidence that the eligible provider	59023
received an improper child care payment as a result of the	59024
provider's intentional act.	59025

(2) The department receives notice and a copy of an	59026
indictment, information, or complaint charging the eligible	59027
provider or the owner or operator of the provider with committing	59028
any of the following:	59029

(a) An act that is a felony or misdemeanor relating to	59030
providing or billing for publicly funded child care or providing	59031
management or administrative services relating to providing	59032
publicly funded child care;	59033

(b) An act that would constitute an offense described in	59034
section 5104.09 of the Revised Code.	59035

(E)(1) Except as provided in division (E)(2) of this section,	59036
the suspension of a contract under division (D) of this section	59037
shall continue until the department completes its investigation or	59038
all criminal charges are disposed of through dismissal, a finding	59039
of not guilty, conviction, or a plea of guilty.	59040

(2) If the department initiates the termination of a contract	59041
that has been suspended pursuant to division (D) of this section,	59042
the suspension shall continue until the termination process is	59043
completed.	59044

(F) An eligible provider shall not provide publicly funded	59045
child care while the provider's contract is under suspension	59046
pursuant to division (D) of this section. As of the date the	59047
eligible provider's contract is suspended, the department shall	59048
withhold payment to the eligible provider for publicly funded	59049
child care.	59050

(G) Before suspending an eligible provider's contract	59051
pursuant to division (D) of this section, the department shall	59052
notify the eligible provider. The notice shall include all of the	59053
following:	59054

(1) A description, which need not disclose specific	59055
information concerning any ongoing administrative or criminal	59056
investigation, of the reason that the department initiated its	59057
investigation of the provider;	59058

(2) A statement that the eligible provider will be prohibited	59059
from providing publicly funded child care while the contract is	59060
under suspension;	59061

(3) A statement that the suspension will continue until the	59062
department completes its investigation or all criminal charges are	59063
disposed of through dismissal, a finding of not guilty,	59064
conviction, or a plea of guilty, and that if the department	59065
initiates the termination of the contract, the suspension will	59066
continue until the termination process is completed.	59067

(H) An eligible provider may file an appeal with the	59068
department regarding any proposal by the department to suspend the	59069
provider's contract pursuant to division (D) of this section. The	59070
appeal must be received by the department not later than fifteen	59071
days after the date the provider receives the notification	59072
described in division (G) of this section. The department shall	59073
review the evidence and issue a decision not later than thirty	59074
days after receiving the appeal. The department shall not suspend	59075
a contract pursuant to division (D) of this section until the time	59076
for filing the appeal has passed or, if the provider files a	59077
timely appeal, the department has issued a decision on the appeal.	59078

Sec. 5107.05. The director of job and family services shall	59079
adopt rules to implement this chapter. The rules shall be	59080
consistent with Title IV-A, Title IV-D, federal regulations, state	59081
law, the Title IV-A state plan submitted to the United States	59082
secretary of health and human services under section 5101.80 of	59083
the Revised Code, amendments to the plan, and waivers granted by	59084
the United States secretary. Rules governing eligibility, program	59085
participation, and other applicant and participant requirements	59086
shall be adopted in accordance with Chapter 119. of the Revised	59087
Code. Rules governing financial and other administrative	59088
requirements applicable to the department of job and family	59089
services and county departments of job and family services shall	59090
be adopted in accordance with section 111.15 of the Revised Code.	59091

(A) The rules shall specify, establish, or govern all of the	59092
following:	59093

(1) A payment standard for Ohio works first based on federal	59094
and state appropriations that is increased in accordance with	59095
section 5107.04 of the Revised Code;	59096

(2) For the purpose of section 5107.04 of the Revised Code,	59097
the method of determining the amount of cash assistance an	59098
assistance group receives under Ohio works first;	59099

(3) Requirements for initial and continued eligibility for	59100
Ohio works first, including requirements regarding income,	59101
citizenship, age, residence, and assistance group composition;	59102

(4) For the purpose of section 5107.12 of the Revised Code,	59103
application and verification procedures, including the minimum	59104
information an application must contain;	59105

(5) The extent to which a participant of Ohio works first	59106
must notify, pursuant to section 5107.12 of the Revised Code, a	59107
county department of job and family services of additional income	59108
not previously reported to the county department;	59109

(6) For the purpose of section 5107.16 of the Revised Code,	59110
~~all~~both of the following:	59111

(a) Standards for the determination of good cause for failure	59112
or refusal to comply in full with a provision of a	59113
self-sufficiency contract;	59114

(b) The compliance ~~form~~activities a member of an assistance	59115
group ~~may complete to indicate willingness to come into full~~	59116
~~compliance~~must complete for the member to be considered to have	59117
ceased to fail or refuse to comply in full with a provision of a	59118
self-sufficiency contract;	59119

~~(c) The manner by which the compliance form is to be~~	59120
~~completed and provided to a county department of job and family~~	59121
~~services~~.	59122

(7) The department of job and family services providing	59123
written notice of a sanction under section 5107.161 of the Revised	59124
Code;	59125

(8) For the purpose of division ~~(A)(2)~~(B) of section 5107.17	59126
of the Revised Code, the ~~period of time by which a county~~	59127
~~department of job and family services is to receive a compliance~~	59128
~~form established in rules adopted under division (A)(6)(b) of this~~	59129
~~section~~circumstances under which the adult member of an	59130
assistance group or an assistance group's minor head of household	59131
whose failure or refusal, without good cause, to comply in full	59132
with a provision of a self-sufficiency contract causes a sanction	59133
under section 5107.16 of the Revised Code must enter into a new,	59134
or amend an existing, self-sufficiency contract before the	59135
assistance group may resume participation in Ohio works first	59136
following the sanction;	59137

(9) Requirements for the collection and distribution of	59138
support payments owed participants of Ohio works first pursuant to	59139
section 5107.20 of the Revised Code;	59140

(10) For the purpose of section 5107.22 of the Revised Code,	59141
what constitutes cooperating in establishing a minor child's	59142
paternity or establishing, modifying, or enforcing a child support	59143
order and good cause for failure or refusal to cooperate;	59144

(11) The requirements governing the LEAP program, including	59145
the definitions of "equivalent of a high school diploma" and "good	59146
cause," and the incentives provided under the LEAP program;	59147

(12) If the director implements section 5107.301 of the	59148
Revised Code, the requirements governing the award provided under	59149
that section, including the form that the award is to take and	59150
requirements an individual must satisfy to receive the award;	59151

(13) Circumstances under which a county department of job and	59152
family services may exempt a minor head of household or adult from	59153
participating in a work activity or developmental activity for all	59154
or some of the weekly hours otherwise required by section 5107.43	59155
of the Revised Code.	59156

(14) The maximum amount of time the department will subsidize	59157
positions created by state agencies and political subdivisions	59158
under division (C) of section 5107.52 of the Revised Code;	59159

(15) The implementation of sections 5107.71 to 5107.717 of	59160
the Revised Code by county departments of job and family services;	59161

(16) A domestic violence screening process to be used for the	59162
purpose of division (A) of section 5107.71 of the Revised Code;	59163

(17) The minimum frequency with which county departments of	59164
job and family services must redetermine a member of an assistance	59165
group's need for a waiver issued under section 5107.714 of the	59166
Revised Code.	59167

(B) The rules adopted under division (A)(3) of this section	59168
regarding income shall specify what is countable income, gross	59169
earned income, and gross unearned income for the purpose of	59170
section 5107.10 of the Revised Code.	59171

The rules adopted under division (A)(10) of this section	59172
shall be consistent with 42 U.S.C. 654(29).	59173

The rules adopted under division (A)(13) of this section	59174
shall specify that the circumstances include that a school or	59175
place of work is closed due to a holiday or weather or other	59176
emergency and that an employer grants the minor head of household	59177
or adult leave for illness or earned vacation.	59178

(C) The rules may provide that a county department of job and	59179
family services is not required to take action under section	59180
5107.76 of the Revised Code to recover an erroneous payment ~~that~~	59181
~~is below an amount the department specifies~~under circumstances	59182
the rules specify.	59183

Sec. 5107.16. (A) If a member of an assistance group fails	59184
or refuses, without good cause, to comply in full with a provision	59185
of a self-sufficiency contract entered into under section 5107.14	59186
of the Revised Code, a county department of job and family	59187
services shall sanction the assistance group as follows:	59188

(1) For a first failure or refusal, the county department	59189
shall deny or terminate the assistance group's eligibility to	59190
participate in Ohio works first for one payment month or until the	59191
failure or refusal ceases, whichever is longer;	59192

(2) For a second failure or refusal, the county department	59193
shall deny or terminate the assistance group's eligibility to	59194
participate in Ohio works first for three payment months or until	59195
the failure or refusal ceases, whichever is longer;	59196

(3) For a third or subsequent failure or refusal, the county	59197
department shall deny or terminate the assistance group's	59198
eligibility to participate in Ohio works first for six payment	59199
months or until the failure or refusal ceases, whichever is	59200
longer.	59201

(B) The director of job and family services shall establish	59202
standards for the determination of good cause for failure or	59203
refusal to comply in full with a provision of a self-sufficiency	59204
contract in rules adopted under section 5107.05 of the Revised	59205
Code.	59206

(C) ~~The director of job and family services shall provide a~~	59207
~~compliance form established in rules adopted under section 5107.05~~	59208
~~of the Revised Code to an~~An assistance group member who fails or	59209
refuses, without good cause, to comply in full with a provision of	59210
a self-sufficiency contract~~. The member's failure or refusal to~~	59211
~~comply in full with the provision shall be deemed to have ceased~~	59212
~~on the date a county department of job and family services~~	59213
~~receives the compliance form from the member if the compliance~~	59214
~~form is completed and provided to the county department in the~~	59215
~~manner~~must complete all compliance activities specified in rules	59216
adopted under section 5107.05 of the Revised Code in order for the	59217
failure or refusal to be considered to have ceased.	59218

(D) After sanctioning an assistance group under division (A)	59219
of this section, a county department of job and family services	59220
shall continue to work with the assistance group.	59221

(E) An adult eligible for medicaid pursuant to division	59222
~~(A)~~(C)(1)(a) of section 5111.01 of the Revised Code who is	59223
sanctioned under division (A)(3) of this section for a failure or	59224
refusal, without good cause, to comply in full with a provision of	59225
a self-sufficiency contract related to work responsibilities under	59226
sections 5107.40 to 5107.69 of the Revised Code loses eligibility	59227
for medicaid unless the adult is otherwise eligible for medicaid	59228
pursuant to another division of section 5111.01 of the Revised	59229
Code.	59230

An assistance group that would be participating in Ohio works	59231
first if not for a sanction under this section shall continue to	59232
be eligible for all of the following:	59233

(1) Publicly funded child care in accordance with division	59234
(A)(3) of section 5104.30 of the Revised Code;	59235

(2) Support services in accordance with section 5107.66 of	59236
the Revised Code;	59237

(3) To the extent permitted by the "Fair Labor Standards Act	59238
of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended, to participate	59239
in work activities, developmental activities, and alternative work	59240
activities in accordance with sections 5107.40 to 5107.69 of the	59241
Revised Code.	59242

Sec. 5107.17. AnBoth of the following must occur before an	59243
assistance group ~~that resumes~~may resume participation in Ohio	59244
works first following a sanction under section 5107.16 of the	59245
Revised Code ~~is not required to do either of the following~~:	59246

(A) ~~Reapply~~The assistance group must reapply under section	59247
5107.12 of the Revised Code~~, unless either~~if any of the following	59248
~~applies~~apply:	59249

(1) It is the assistance group's regularly scheduled time for	59250
an eligibility redetermination;	59251

(2) ~~The county department of job and family services does not~~	59252
~~receive the completed compliance form established in rules adopted~~	59253
~~under section 5107.05 of the Revised Code within the period of~~	59254
~~time specified in rules adopted under that section~~If the sanction	59255
was imposed under division (A)(1) of section 5107.16 of the	59256
Revised Code, the failure or refusal on which the sanction was	59257
based is not considered to have ceased until after one payment	59258
month immediately following the date the sanction began;	59259

(3) If the sanction was imposed under division (A)(2) of	59260
section 5107.16 of the Revised Code, the failure or refusal on	59261
which the sanction was based is not considered to have ceased	59262
until after three payment months immediately following the date	59263
the sanction began;	59264

(4) If the sanction was imposed under division (A)(3) of	59265
section 5107.16 of the Revised Code, the failure or refusal on	59266
which the sanction was based is not considered to have ceased	59267
until after six payment months immediately following the date the	59268
sanction began.	59269

(B) ~~Enter~~The adult member of the assistance group or the	59270
assistance group's minor head of household whose failure or	59271
refusal, without good cause, to comply in full with a provision of	59272
a self-sufficiency contract caused the sanction must enter into a	59273
new, or amend an existing, self-sufficiency contract under section	59274
5107.14 of the Revised Code, ~~unless the county department of job~~	59275
~~and family services determines it is time for a new appraisal~~	59276
~~under section 5107.41 of the Revised Code or the assistance~~	59277
~~group's circumstances have changed in a manner necessitating an~~	59278
~~amendment to the self-sufficiency contract as determined using~~	59279
~~procedures included in the contract under division (B)(9) of~~if	59280
required to do so by rules adopted under section ~~5107.14~~5107.05	59281
of the Revised Code.	59282

Sec. 5111.01. (A) As used in this chapter~~, "medical~~:

59283

"Children's health insurance program" means the children's	59284
health insurance program part I, children's health insurance	59285
program part II, and children's health insurance program part III	59286
authorized by sections 5101.50 to 5101.529 of the Revised Code.	59287

"Medical assistance program" or "medicaid" means the program	59288
that is authorized by this chapter and provided by the ~~department~~	59289
office of ~~job and family services~~medical assistance under this	59290
chapter, Title XIX of the "Social Security Act," 79 Stat. 286	59291
(1965), 42 U.S.C.A. 1396, et seq., as amended, and the waivers of	59292
Title XIX requirements granted to the ~~department~~office by the	59293
centers for medicare and medicaid services of the United States	59294
department of health and human services.	59295

~~The department of job and family services~~(B) There is hereby	59296
established the office of medical assistance as a work unit within	59297
the department of job and family services. The chief of the office	59298
shall hold the title of medical assistance director.	59299
Notwithstanding section 5101.06 of the Revised Code, the governor	59300
shall appoint the medical assistance director and the medical	59301
assistance director shall serve at the governor's pleasure. The	59302
medical assistance director is not an assistant director of the	59303
department of job and family services for purposes of section	59304
121.05 or 5101.03 of the Revised Code or any other purpose.	59305

Subject to appropriations for the medicaid program and	59306
children's health insurance program, the department of job and	59307
family services shall provide staff and support services as	59308
necessary for the operation of the office of medical assistance.	59309

If a statute, rule, contract, or other legal authority	59310
requires the director of job and family services or department of	59311
job and family services to take an action regarding the medicaid	59312
program or children's health insurance program, the medical	59313
assistance director or office of medical assistance shall take the	59314
action in place of the director of job and family services or	59315
department of job and family services. If a statute, rule,	59316
contract, or other legal authority permits the director of job and	59317
family services or department of job and family services to take	59318
an action regarding the medicaid program or children's health	59319
insurance program, the medical assistance director or office of	59320
medical assistance shall take the action in place of the director	59321
of job and family services or department of job and family	59322
services if the action is to be taken.	59323

The office of medical assistance shall act as the single	59324
state agency to supervise the administration of the medicaid	59325
program. As the single state agency, the ~~department~~office shall	59326
comply with 42 C.F.R. 431.10(e). The ~~department's~~office's rules	59327
governing medicaid are binding on other agencies that administer	59328
components of the medicaid program. No agency may establish, by	59329
rule or otherwise, a policy governing medicaid that is	59330
inconsistent with a medicaid policy established, in rule or	59331
otherwise, by the medical assistance director ~~of job and family~~	59332
~~services~~.	59333

~~(A)~~(C) The ~~department~~office of ~~job and family services~~	59334
medical assistance may provide medical assistance under the	59335
medicaid program as long as federal funds are provided for such	59336
assistance, to the following:	59337

(1) Families with children that meet either of the following	59338
conditions:	59339

(a) The family meets the income, resource, and family	59340
composition requirements in effect on July 16, 1996, for the	59341
former aid to dependent children program as those requirements	59342
were established by Chapter 5107. of the Revised Code, federal	59343
waivers granted pursuant to requests made under former section	59344
5101.09 of the Revised Code, and rules adopted by the department	59345
or any changes the department makes to those requirements in	59346
accordance with paragraph (a)(2) of section 114 of the "Personal	59347
Responsibility and Work Opportunity Reconciliation Act of 1996,"	59348
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of	59349
implementing section 5111.0120 of the Revised Code. An adult loses	59350
eligibility for medicaid under division ~~(A)~~(C)(1)(a) of this	59351
section pursuant to division (E) of section 5107.16 of the Revised	59352
Code.	59353

(b) The family does not meet the requirements specified in	59354
division ~~(A)~~(C)(1)(a) of this section but is eligible for medicaid	59355
pursuant to section 5101.18 of the Revised Code.	59356

(2) Aged, blind, and disabled persons who meet the following	59357
conditions:	59358

(a) Receive federal aid under Title XVI of the "Social	59359
Security Act," or are eligible for but are not receiving such aid,	59360
provided that the income from all other sources for individuals	59361
with independent living arrangements shall not exceed one hundred	59362
seventy-five dollars per month. The income standards hereby	59363
established shall be adjusted annually at the rate that is used by	59364
the United States department of health and human services to	59365
adjust the amounts payable under Title XVI.	59366

(b) Do not receive aid under Title XVI, but meet any of the	59367
following criteria:	59368

(i) Would be eligible to receive such aid, except that their	59369
income, other than that excluded from consideration as income	59370
under Title XVI, exceeds the maximum under division ~~(A)~~(C)(2)(a)	59371
of this section, and incurred expenses for medical care, as	59372
determined under federal regulations applicable to section 209(b)	59373
of the "Social Security Amendments of 1972," 86 Stat. 1381, 42	59374
U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which	59375
their income exceeds the maximum under division ~~(A)~~(C)(2)(a) of	59376
this section;	59377

(ii) Received aid for the aged, aid to the blind, or aid for	59378
the permanently and totally disabled prior to January 1, 1974, and	59379
continue to meet all the same eligibility requirements;	59380

(iii) Are eligible for medicaid pursuant to section 5101.18	59381
of the Revised Code.	59382

(3) Persons to whom federal law requires, as a condition of	59383
state participation in the medicaid program, that medicaid be	59384
provided;	59385

(4) Persons under age twenty-one who meet the income	59386
requirements for the Ohio works first program established under	59387
Chapter 5107. of the Revised Code but do not meet other	59388
eligibility requirements for the program. The medical assistance	59389
director shall adopt rules in accordance with Chapter 119. of the	59390
Revised Code specifying which Ohio works first requirements shall	59391
be waived for the purpose of providing medicaid eligibility under	59392
division ~~(A)~~(C)(4) of this section.	59393

~~(B)~~(D) If sufficient funds are appropriated for the medicaid	59394
program, the ~~department~~office of medical assistance may provide	59395
medical assistance under the medicaid program to persons in groups	59396
designated by federal law as groups to which a state, at its	59397
option, may provide medical assistance under the medicaid program.	59398

~~(C)~~(E) The ~~department~~office of medical assistance may expand	59399
eligibility for the medicaid program to include individuals under	59400
age nineteen with family incomes at or below one hundred fifty per	59401
cent of the federal poverty guidelines, except that the	59402
eligibility expansion shall not occur unless the ~~department~~office	59403
receives the approval of the federal government. The ~~department~~	59404
office may implement the eligibility expansion authorized under	59405
this division on any date selected by the ~~department~~office, but	59406
not sooner than January 1, 1998.	59407

~~(D)~~(F) In addition to any other authority or requirement to	59408
adopt rules under this chapter, the medical assistance director	59409
may adopt rules in accordance with section 111.15 of the Revised	59410
Code as the director considers necessary to establish standards,	59411
procedures, and other requirements regarding the provision of	59412
medical assistance under the medicaid program. The rules may	59413
establish requirements to be followed in applying for medicaid,	59414
making determinations of eligibility for medicaid, and verifying	59415
eligibility for medicaid. The rules may include special conditions	59416
as the ~~department~~office determines appropriate for making	59417
applications, determining eligibility, and verifying eligibility	59418
for any medical assistance that the ~~department~~office may provide	59419
under the medicaid program pursuant to division ~~(C)~~(E) of this	59420
section and section 5111.014 or 5111.0120 of the Revised Code.	59421

Sec. 5111.013. (A) The provision of medical assistance to	59422
pregnant women and young children who are eligible for medical	59423
assistance under division ~~(A)~~(C)(3) of section 5111.01 of the	59424
Revised Code, but who are not otherwise eligible for medical	59425
assistance under that section, shall be known as the healthy start	59426
program.	59427

(B) The department of job and family services shall do all of	59428
the following with regard to the application procedures for the	59429
healthy start program:	59430

(1) Establish a short application form for the program that	59431
requires the applicant to provide no more information than is	59432
necessary for making determinations of eligibility for the healthy	59433
start program, except that the form may require applicants to	59434
provide their social security numbers. The form shall include a	59435
statement, which must be signed by the applicant, indicating that	59436
she does not choose at the time of making application for the	59437
program to apply for assistance provided under any other program	59438
administered by the department and that she understands that she	59439
is permitted at any other time to apply at the county department	59440
of job and family services of the county in which she resides for	59441
any other assistance administered by the department.	59442

(2) To the extent permitted by federal law, do one or both of	59443
the following:	59444

(a) Distribute the application form for the program to each	59445
public or private entity that serves as a women, infants, and	59446
children clinic or as a child and family health clinic and to each	59447
administrative body for such clinics and train employees of each	59448
such agency or entity to provide applicants assistance in	59449
completing the form;	59450

(b) In cooperation with the department of health, develop	59451
arrangements under which employees of county departments of job	59452
and family services are stationed at public or private agencies or	59453
entities selected by the department of job and family services	59454
that serve as women, infants, and children clinics; child and	59455
family health clinics; or administrative bodies for such clinics	59456
for the purpose both of assisting applicants for the program in	59457
completing the application form and of making determinations at	59458
that location of eligibility for the program.	59459

(3) Establish performance standards by which a county	59460
department of job and family services' level of enrollment of	59461
persons potentially eligible for the program can be measured, and	59462
establish acceptable levels of enrollment for each county	59463
department.	59464

(4) Direct any county department of job and family services	59465
whose rate of enrollment of potentially eligible enrollees in the	59466
program is below acceptable levels established under division	59467
(B)(3) of this section to implement corrective action. Corrective	59468
action may include but is not limited to any one or more of the	59469
following to the extent permitted by federal law:	59470

(a) Establishing formal referral and outreach methods with	59471
local health departments and local entities receiving funding	59472
through the bureau of maternal and child health;	59473

(b) Designating a specialized intake unit within the county	59474
department for healthy start applicants;	59475

(c) Establishing abbreviated timeliness requirements to	59476
shorten the time between receipt of an application and the	59477
scheduling of an initial application interview;	59478

(d) Establishing a system for telephone scheduling of intake	59479
interviews for applicants;	59480

(e) Establishing procedures to minimize the time an applicant	59481
must spend in completing the application and eligibility	59482
determination process, including permitting applicants to complete	59483
the process at times other than the regular business hours of the	59484
county department and at locations other than the offices of the	59485
county department.	59486

(C) To the extent permitted by federal law, local funds,	59487
whether from public or private sources, expended by a county	59488
department for administration of the healthy start program shall	59489
be considered to have been expended by the state for the purpose	59490
of determining the extent to which the state has complied with any	59491
federal requirement that the state provide funds to match federal	59492
funds for medical assistance, except that this division shall not	59493
affect the amount of funds the county is entitled to receive under	59494
section 5101.16, 5101.161, or 5111.012 of the Revised Code.	59495

(D) A county department of job and family services that	59496
maintains offices at more than one location shall accept	59497
applications for the healthy start program at all of those	59498
locations.	59499

(E) The director of job and family services shall adopt rules	59500
in accordance with section 111.15 of the Revised Code as necessary	59501
to implement this section.	59502

Sec. 5111.014. (A) The director of job and family services	59503
shall submit to the United States secretary of health and human	59504
services an amendment to the state medicaid plan to make an	59505
individual who meets all of the following requirements eligible	59506
for medicaid:	59507

(1) The individual is pregnant;

59508

(2) The individual's family income does not exceed two	59509
hundred per cent of the federal poverty guidelines;	59510

(3) The individual satisfies all relevant requirements	59511
established by rules adopted under division ~~(D)~~(F) of section	59512
5111.01 of the Revised Code.	59513

(B) If approved by the United States secretary of health and	59514
human services, the director of job and family services shall	59515
implement the medicaid plan amendment submitted under division (A)	59516
of this section as soon as possible after receipt of notice of the	59517
approval, but not sooner than January 1, 2008.	59518

Sec. 5111.0115. (A) The department of job and family	59519
services may provide medical assistance under the medicaid	59520
program, as long as federal funds are provided for such	59521
assistance, to each former participant of the Ohio works first	59522
program established under Chapter 5107. of the Revised Code who	59523
meets all of the following requirements:	59524

(1) Is ineligible to participate in Ohio works first solely	59525
as a result of increased income due to employment;	59526

(2) Is not covered by, and does not have access to, medical	59527
insurance coverage through the employer with benefits comparable	59528
to those provided under this section, as determined in accordance	59529
with rules adopted by the director of job and family services	59530
under division (B) of this section;	59531

(3) Meets any other requirement established by rule adopted	59532
under division (B) of this section.	59533

(B) The director of job and family services shall adopt such	59534
rules under Chapter 119. of the Revised Code as are necessary to	59535
implement and administer the medical assistance program under this	59536
section.	59537

(C) A person seeking to participate in a program of medical	59538
assistance under this section shall apply to the county department	59539
of job and family services in the county in which the applicant	59540
resides. The application shall be made on a form prescribed by the	59541
department of job and family services and furnished by the county	59542
department.	59543

(D) If the county department of job and family services	59544
determines that a person is eligible to receive medical assistance	59545
under this section, the department shall provide assistance, to	59546
the same extent and in the same manner as medical assistance is	59547
provided to a person eligible for medical assistance pursuant to	59548
division ~~(A)~~(C)(1)(a) of section 5111.01 of the Revised Code, for	59549
no longer than twelve months, beginning the month after the date	59550
the participant's eligibility for Ohio works first is terminated.	59551

Sec. 5111.0120. The director of job and family services	59552
shall submit to the United States secretary of health and human	59553
services an amendment to the state medicaid plan to make an	59554
individual eligible for medicaid who meets all of the following	59555
requirements:	59556

(A) The individual is the parent of a child under nineteen	59557
years of age and resides with the child;	59558

(B) The individual's family income does not exceed ninety per	59559
cent of the federal poverty guidelines;	59560

59561

(D) The individual satisfies all relevant requirements	59562
established by rules adopted under division ~~(D)~~(F) of section	59563
5111.01 of the Revised Code.	59564

Sec. 5111.031. (A) As used in this section:

59565

(1) "Independent provider" has the same meaning as in section	59566
5111.034 of the Revised Code.	59567

(2) "Intermediate care facility for the mentally retarded"	59568
and "nursing facility" have the same meanings as in section	59569
5111.20 of the Revised Code.	59570

(3) "Noninstitutional medicaid provider" means any person or	59571
entity with a medicaid provider agreement other than a hospital,	59572
nursing facility, or intermediate care facility for the mentally	59573
retarded.	59574

(4) "Owner" means any person having at least five per cent	59575
ownership in a noninstitutional medicaid provider.	59576

(B) Notwithstanding any provision of this chapter to the	59577
contrary, the department of job and family services shall take	59578
action under this section against a noninstitutional medicaid	59579
provider or its owner, officer, authorized agent, associate,	59580
manager, or employee.	59581

(C) Except as provided in division (D) of this section and in	59582
rules adopted by the department under division (H) of this	59583
section, on receiving notice and a copy of an indictment that is	59584
issued on or after September 29, 2007, and charges a	59585
noninstitutional medicaid provider or its owner, officer,	59586
authorized agent, associate, manager, or employee with committing	59587
an offense specified in division (E) of this section, the	59588
department shall suspend the provider agreement held by the	59589
noninstitutional medicaid provider. Subject to division (D) of	59590
this section, the department shall also terminate medicaid	59591
reimbursement to the provider for services rendered.	59592

The suspension shall continue in effect until the proceedings	59593
in the criminal case are completed through dismissal of the	59594
indictment or through conviction, entry of a guilty plea, or	59595
finding of not guilty. If the department commences a process to	59596
terminate the suspended provider agreement, the suspension shall	59597
also continue in effect until the termination process is	59598
concluded.	59599

Pursuant to section 5111.06 of the Revised Code, the	59600
department is not required to take action under this division by	59601
issuing an order pursuant to an adjudication conducted in	59602
accordance with Chapter 119. of the Revised Code.	59603

When subject to a suspension under this division, a provider,	59604
owner, officer, authorized agent, associate, manager, or employee	59605
shall not own or provide services to any other medicaid provider	59606
or risk contractor or arrange for, render, or order services for	59607
medicaid recipients during the period of suspension. During the	59608
period of suspension, the provider, owner, officer, authorized	59609
agent, associate, manager, or employee shall not receive	59610
reimbursement in the form of direct payments from the department	59611
or indirect payments of medicaid funds in the form of salary,	59612
shared fees, contracts, kickbacks, or rebates from or through any	59613
participating provider or risk contractor.	59614

(D)(1) The department shall not suspend a provider agreement	59615
or terminate medicaid reimbursement under division (C) of this	59616
section if the provider or owner can demonstrate through the	59617
submission of written evidence that the provider or owner did not	59618
directly or indirectly sanction the action of its authorized	59619
agent, associate, manager, or employee that resulted in the	59620
indictment.	59621

(2) The termination of medicaid reimbursement applies only to	59622
payments for medicaid services rendered subsequent to the date on	59623
which the notice required under division (F) of this section is	59624
sent. Claims for reimbursement for medicaid services rendered by	59625
the provider prior to the issuance of the notice may be subject to	59626
prepayment review procedures whereby the department reviews claims	59627
to determine whether they are supported by sufficient	59628
documentation, are in compliance with state and federal statutes	59629
and rules, and are otherwise complete.	59630

(E)(1) In the case of a noninstitutional medicaid provider	59631
that is not an independent provider, the suspension of a provider	59632
agreement under division (C) of this section applies when an	59633
indictment charges a person with committing an act that would be a	59634
felony or misdemeanor under the laws of this state and the act	59635
relates to or results from either of the following:	59636

(a) Furnishing or billing for medical care, services, or	59637
supplies under the medicaid program;	59638

(b) Participating in the performance of management or	59639
administrative services relating to furnishing medical care,	59640
services, or supplies under the medicaid program.	59641

(2) In the case of a noninstitutional medicaid provider that	59642
is an independent provider, the suspension of a provider agreement	59643
under division (C) of this section applies when an indictment	59644
charges a person with committing an act that would constitute ~~one~~	59645
~~of the offenses specified in division (D) of~~a disqualifying	59646
offense as defined in section ~~5111.034~~5111.032 of the Revised	59647
Code.	59648

(F) Not later than five days after suspending a provider	59649
agreement under division (C) of this section, the department shall	59650
send notice of the suspension to the affected provider or owner.	59651
In providing the notice, the department shall do all of the	59652
following:	59653

(1) Describe the indictment that was the cause of the	59654
suspension, without necessarily disclosing specific information	59655
concerning any ongoing civil or criminal investigation;	59656

(2) State that the suspension will continue in effect until	59657
the proceedings in the criminal case are completed through	59658
dismissal of the indictment or through conviction, entry of a	59659
guilty plea, or finding of not guilty and, if the department	59660
commences a process to terminate the suspended provider agreement,	59661
until the termination process is concluded;	59662

(3) Inform the provider or owner of the opportunity to submit	59663
to the department, not later than thirty days after receiving the	59664
notice, a request for a reconsideration pursuant to division (G)	59665
of this section.	59666

(G)(1) Pursuant to the procedure specified in division (G)(2)	59667
of this section, a noninstitutional medicaid provider or owner	59668
subject to a suspension under this section may request a	59669
reconsideration. The request shall be made not later than thirty	59670
days after receipt of the notice provided under division (F) of	59671
this section. The reconsideration is not subject to an	59672
adjudication hearing pursuant to Chapter 119. of the Revised Code.	59673

(2) In requesting a reconsideration, the provider or owner	59674
shall submit written information and documents to the department.	59675
The information and documents may pertain to any of the following	59676
issues:	59677

(a) Whether the determination to suspend the provider	59678
agreement was based on a mistake of fact, other than the validity	59679
of the indictment;	59680

(b) Whether any offense charged in the indictment resulted	59681
from an offense specified in division (E) of this section;	59682

(c) Whether the provider or owner can demonstrate that the	59683
provider or owner did not directly or indirectly sanction the	59684
action of its authorized agent, associate, manager, or employee	59685
that resulted in the indictment.	59686

(3) The department shall review the information and documents	59687
submitted in a request for reconsideration. After the review, the	59688
suspension may be affirmed, reversed, or modified, in whole or in	59689
part. The department shall notify the affected provider or owner	59690
of the results of the review. The review and notification of its	59691
results shall be completed not later than forty-five days after	59692
receiving the information and documents submitted in a request for	59693
reconsideration.	59694

(H) The department may adopt rules in accordance with Chapter	59695
119. of the Revised Code to implement this section. The rules may	59696
specify circumstances under which the department would not suspend	59697
a provider agreement pursuant to this section.	59698

Sec. 5111.032. (A) As used in this section:

59699

(1) "Criminal records check" has the same meaning as in	59700
section 109.572 of the Revised Code.	59701

(2) ~~"Department" includes a designee of the department of job~~	59702
~~and family services.~~	59703

~~(3)~~"Disqualifying offense" means any of the offenses listed	59704
or described in divisions (A)(3)(a) to (e) of section 109.572 of	59705
the Revised Code.	59706

(3) "Owner" means a person who has an ownership interest in a	59707
provider or applicant to be a provider in an amount designated by	59708
~~the department of job and family services~~ in rules adopted under	59709
this section.	59710

(4) "Person subject to the criminal records check	59711
requirement" means the following:	59712

(a) A provider or applicant to be a provider who is notified	59713
under division (E)(1) of this section that the provider or	59714
applicant is subject to a criminal records check;	59715

(b) An owner or prospective owner, officer or prospective	59716
officer, or board member or prospective board member of a provider	59717
or applicant to be a provider if, pursuant to division (E)(1)(a)	59718
of this section, the owner or prospective owner, officer or	59719
prospective officer, or board member or prospective board member	59720
is specified in information given to the provider or applicant	59721
under division (E)(1) of this section;	59722

(c) An employee or prospective employee of a provider or	59723
applicant to be a provider if both of the following apply:	59724

(i) The employee or prospective employee is specified,	59725
pursuant to division (E)(1)(b) of this section, in information	59726
given to the provider or applicant under division (E)(1) of this	59727
section.	59728

(ii) The provider or applicant is not prohibited by division	59729
(D)(3)(b) of this section from employing the employee or	59730
prospective employee.	59731

(5) "Provider" means a person, institution, or entity that	59732
has a medicaid provider agreement with the department of job and	59733
family services ~~pursuant to Title XIX of the "Social Security~~	59734
~~Act," 49 State. 620 (1965), 42 U.S.C. 1396, as amended~~.	59735

(6) "Responsible entity" means the following:

59736

(a) With respect to a criminal records check required under	59737
this section for a provider or applicant to be a provider, the	59738
department of job and family services or the department's	59739
designee;	59740

(b) With respect to a criminal records check required under	59741
this section for an owner or prospective owner, officer or	59742
prospective officer, board member or prospective board member, or	59743
employee or prospective employee of a provider or applicant to be	59744
a provider, the provider or applicant.	59745

(B)~~(1) Except as provided in division (B)(2) of this section,~~	59746
~~the~~This section does not apply to any individual who is subject	59747
to a criminal records check under section 3712.09, 3721.121,	59748
5111.034, 5123.081, or 5123.169 of the Revised Code or any	59749
individual who is subject to a database review or criminal records	59750
check under section 173.394, 3701.881, or 5111.033 of the Revised	59751
Code.	59752

(C) The department of job and family services may ~~require~~do	59753
any of the following:	59754

(1) Require that any provider,or applicant to be a provider,	59755
~~employee or prospective employee of a provider, owner or~~	59756
~~prospective owner of a provider, officer or prospective officer of~~	59757
~~a provider, or board member or prospective board member of a~~	59758
~~provider~~ submit to a criminal records check as a condition of	59759
~~obtaining~~having a medicaid provider agreement~~, continuing to hold~~	59760
~~a provider agreement, being employed by a provider, having an~~	59761
~~ownership interest in a provider, or being an officer or board~~	59762
~~member of a provider. The department may designate the categories~~	59763
~~of persons who are subject to the criminal records check~~	59764
~~requirement. The department shall designate the times at which the~~	59765
~~criminal records checks must be conducted.~~	59766

~~(2) The section does not apply to providers, applicants to be~~	59767
~~providers, employees of a provider, or prospective employees of a~~	59768
~~provider who are subject to criminal records checks under section~~	59769
~~5111.033 or 5111.034 of the Revised Code~~;	59770

(2) Require that any provider or applicant to be a provider	59771
require an owner or prospective owner, officer or prospective	59772
officer, or board member or prospective board member of the	59773
provider or applicant submit to a criminal records check as a	59774
condition of being an owner, officer, or board member of the	59775
provider or applicant;	59776

(3) Require that any provider or applicant to be a provider	59777
do the following:	59778

(a) If so required by rules adopted under this section,	59779
determine pursuant to a database review conducted under division	59780
(F)(1)(a) of this section whether any employee or prospective	59781
employee of the provider or applicant is included in a database;	59782

(b) Unless the provider or applicant is prohibited by	59783
division (D)(3)(b) of this section from employing the employee or	59784
prospective employee, require the employee or prospective employee	59785
to submit to a criminal records check as a condition of being an	59786
employee of the provider or applicant.	59787

(D)(1) The department or the department's designee shall	59788
terminate a provider's medicaid provider agreement or deny an	59789
applicant's application for a medicaid provider agreement if the	59790
provider or applicant is a person subject to the criminal records	59791
check requirement and either of the following applies:	59792

(a) The provider or applicant fails to obtain the criminal	59793
records check after being given the information specified in	59794
division (G)(1) of this section.	59795

(b) Except as provided in rules adopted under this section,	59796
the provider or applicant is found by the criminal records check	59797
to have been convicted of, pleaded guilty to, or been found	59798
eligible for intervention in lieu of conviction for a	59799
disqualifying offense, regardless of the date of the conviction,	59800
the date of entry of the guilty plea, or the date the applicant or	59801
provider was found eligible for intervention in lieu of	59802
conviction.	59803

(2) No provider or applicant to be a provider shall permit a	59804
person to be an owner, officer, or board member of the provider or	59805
applicant if the person is a person subject to the criminal	59806
records check requirement and either of the following applies:	59807

(a) The person fails to obtain the criminal records check	59808
after being given the information specified in division (G)(1) of	59809
this section.	59810

(b) Except as provided in rules adopted under this section,	59811
the person is found by the criminal records check to have been	59812
convicted of, pleaded guilty to, or been found eligible for	59813
intervention in lieu of conviction for a disqualifying offense,	59814
regardless of the date of the conviction, the date of entry of the	59815
guilty plea, or the date the person was found eligible for	59816
intervention in lieu of conviction.	59817

(3) No provider or applicant to be a provider shall employ a	59818
person if any of the following apply:	59819

(a) The person has been excluded from providing services or	59820
items under the medicaid program, the medicare program operated	59821
pursuant to Title XVIII of the "Social Security Act," or any other	59822
federal health care program.	59823

(b) If the person is subject to a database review conducted	59824
under division (F)(1)(a) of this section, the person is found by	59825
the database review to be included in a database and the rules	59826
adopted under this section regarding the database review prohibit	59827
the provider or applicant from employing a person included in the	59828
database.	59829

(c) If the person is a person subject to the criminal records	59830
check requirement, either of the following applies:	59831

(i) The person fails to obtain the criminal records check	59832
after being given the information specified in division (G)(1) of	59833
this section.	59834

(ii) Except as provided in rules adopted under this section,	59835
the person is found by the criminal records check to have been	59836
convicted of, pleaded guilty to, or been found eligible for	59837
intervention in lieu of conviction for a disqualifying offense,	59838
regardless of the date of the conviction, the date of entry of the	59839
guilty plea, or the date the person was found eligible for	59840
intervention in lieu of conviction.	59841

~~(C)~~(E)(1) The department or the department's designee shall	59842
inform each provider or applicant to be a provider whether the	59843
provider or applicant is subject to a criminal records check	59844
~~requirement under division (B) of this section~~. For providers, the	59845
information shall be given at times designated in rules adopted	59846
under this section. For applicants to be providers, the	59847
information shall be given at the time of initial application.	59848
When the information is given, the department or the department's	59849
designee shall specify ~~which~~the following:	59850

(a) Which of the provider's or applicant's ~~employees or~~	59851
~~prospective employees,~~ owners or prospective owners, officers or	59852
prospective officers, or board members or prospective board	59853
members are subject to ~~the~~a criminal records check ~~requirement~~;	59854

(b) Which of the provider's or applicant's employees or	59855
prospective employees are subject to division (C)(3) of this	59856
section.	59857

(2) At times designated in rules adopted under this section,	59858
a provider or applicant to be a provider that is a person subject	59859
to the criminal records check requirement shall ~~inform~~do the	59860
following:	59861

(a) Inform each person specified ~~by the department~~ under	59862
division ~~(C)(1)~~(E)(1)(a) of this section that the person is	59863
required~~, as applicable,~~ to submit to a criminal records check ~~for~~	59864
~~final consideration for employment in a full-time, part-time, or~~	59865
~~temporary position; as a condition of continued employment; or~~ as	59866
a condition of ~~becoming or continuing to be~~being an owner,	59867
officer, or board member ~~or owner~~ of athe provider or applicant;	59868

(b) Inform each person specified under division (E)(1)(b) of	59869
this section that the person is subject to division (C)(3) of this	59870
section.	59871

~~(D)~~(F)(1) If a provider or applicant to be a provider is a	59872
person subject to athe criminal records check ~~under this section~~	59873
requirement, the department or the department's designee shall	59874
require the conduct of a criminal records check by the	59875
superintendent of the bureau of criminal identification and	59876
~~investigation. If a provider or applicant to be a provider for~~	59877
~~whom a criminal records check is required does not present proof~~	59878
~~of having been a resident of this state for the five-year period~~	59879
~~immediately prior to the date the criminal records check is~~	59880
~~requested or provide evidence that within that five-year period~~	59881
~~the superintendent has requested information about the individual~~	59882
~~from the federal bureau of investigation in a criminal records~~	59883
~~check, the department shall require the provider or applicant to~~	59884
~~request that the superintendent obtain information from the~~	59885
~~federal bureau of investigation as part of the criminal records~~	59886
~~check of the provider or applicant. Even if a provider or~~	59887
~~applicant for whom a criminal records check request is required~~	59888
~~presents proof of having been a resident of this state for the~~	59889
~~five-year period, the department may require that the provider or~~	59890
~~applicant request that the superintendent obtain information from~~	59891
~~the federal bureau of investigation and include it in the criminal~~	59892
~~records check of the provider or applicant.~~	59893

~~(2)~~investigation. A provider or applicant to be a provider	59894
shall require the conduct of a criminal records check by the	59895
superintendent with respect to each of the persons specified by	59896
~~the department~~ under division ~~(C)(1)~~(E)(1)(a) of this section. If	59897
~~the person for whom a criminal records check is required does not~~	59898
~~present proof of having been a resident of this state for the~~	59899
~~five-year period immediately prior to the date the criminal~~	59900
~~records check is requested or provide evidence that within that~~	59901
~~five-year period the superintendent of the bureau of criminal~~	59902
~~identification and investigation has requested information about~~	59903
~~the individual from the federal bureau of investigation in a~~	59904
~~criminal records check, the individual shall request that the~~	59905
~~superintendent obtain information from the federal bureau of~~	59906
~~investigation as part of the criminal records check of the~~	59907
~~individual. Even if an individual for whom a criminal records~~	59908
~~check request is required presents proof of having been a resident~~	59909
~~of this state for the five-year period, the department may require~~	59910
~~the provider to request that the superintendent obtain information~~	59911
~~from the federal bureau of investigation and include it in the~~	59912
~~criminal records check of the person.~~With respect to each	59913
employee and prospective employee specified under division	59914
(E)(1)(b) of this section, a provider or applicant to be a	59915
provider shall do the following:	59916

(a) If rules adopted under this section require the provider	59917
or applicant to conduct a database review to determine whether the	59918
employee or prospective employee is included in a database,	59919
conduct the database review in accordance with the rules;	59920

(b) Unless the provider or applicant is prohibited by	59921
division (D)(3)(b) of this section from employing the employee or	59922
prospective employee, require the conduct of a criminal records	59923
check of the employee or prospective employee by the	59924
superintendent.	59925

(2) If a person subject to the criminal records check	59926
requirement does not present proof of having been a resident of	59927
this state for the five-year period immediately prior to the date	59928
the criminal records check is requested or provide evidence that	59929
within that five-year period the superintendent has requested	59930
information about the person from the federal bureau of	59931
investigation in a criminal records check, the responsible entity	59932
shall require the person to request that the superintendent obtain	59933
information from the federal bureau of investigation as part of	59934
the criminal records check of the person. Even if the person	59935
presents proof of having been a resident of this state for the	59936
five-year period, the responsible entity may require that the	59937
person request that the superintendent obtain information from the	59938
federal bureau of investigation and include it in the criminal	59939
records check of the person.	59940

~~(E)(1)~~(G) Criminal records checks required ~~under~~by this	59941
section ~~for providers or applicants to be providers~~ shall be	59942
obtained as follows:	59943

~~(a)~~(1) The ~~department~~responsible entity shall provide each	59944
~~provider or applicant~~person subject to the criminal records check	59945
requirement information about accessing and completing the form	59946
prescribed pursuant to division (C)(1) of section 109.572 of the	59947
Revised Code and the standard ~~fingerprint~~ impression sheet	59948
prescribed pursuant to division (C)(2) of that section.	59949

~~(b)~~(2) The ~~provider or applicant~~person subject to the	59950
criminal records check requirement shall submit the required form	59951
and one complete set of the person's fingerprint impressions	59952
directly to the superintendent for purposes of conducting the	59953
criminal records check using the applicable methods prescribed by	59954
division (C) of section 109.572 of the Revised Code. The ~~applicant~~	59955
~~or provider~~person shall pay all fees associated with obtaining	59956
the criminal records check.	59957

~~(c)~~(3) The superintendent shall conduct the criminal records	59958
check in accordance with section 109.572 of the Revised Code. The	59959
~~provider or applicant~~person subject to the criminal records check	59960
requirement shall instruct the superintendent to submit the report	59961
of the criminal records check directly to the ~~director of job and~~	59962
~~family services.~~	59963

~~(2) Criminal records checks required under this section for~~	59964
~~persons specified by the department under division (C)(1) of this~~	59965
~~section shall be obtained as follows:~~	59966

~~(a) The provider shall give to each person subject to~~	59967
~~criminal records check requirement information about accessing and~~	59968
~~completing the form prescribed pursuant to division (C)(1) of~~	59969
~~section 109.572 of the Revised Code and the standard fingerprint~~	59970
~~impression sheet prescribed pursuant to division (C)(2) of that~~	59971
~~section.~~	59972

~~(b) The person shall submit the required form and one~~	59973
~~complete set of fingerprint impressions directly to the~~	59974
~~superintendent for purposes of conducting the criminal records~~	59975
~~check using the applicable methods prescribed by division (C) of~~	59976
~~section 109.572 of the Revised Code. The person shall pay all fees~~	59977
~~associated with obtaining the criminal records check.~~	59978

~~(c) The superintendent shall conduct the criminal records~~	59979
~~check in accordance with section 109.572 of the Revised Code. The~~	59980
~~person subject to the criminal records check shall instruct the~~	59981
~~superintendent to submit the report of the criminal records check~~	59982
~~directly to the provider~~responsible entity. ~~The~~If the department	59983
or the department's designee is not the responsible entity, the	59984
department or designee may require the ~~provider~~responsible entity	59985
to submit the report to the department or designee.	59986

~~(F) If a provider or applicant to be a provider is given the~~	59987
~~information specified in division (E)(1)(a) of this section but~~	59988
~~fails to obtain a criminal records check, the department shall, as~~	59989
~~applicable, terminate the provider agreement or deny the~~	59990
~~application to be a provider.~~	59991

~~If a person is given the information specified in division~~	59992
~~(E)(2)(a) of this section but fails to obtain a criminal records~~	59993
~~check, the provider shall not, as applicable, permit the person to~~	59994
~~be an employee, owner, officer, or board member of the provider.~~	59995

~~(G) Except as provided in rules adopted under division (J) of~~	59996
~~this section, the department shall terminate the provider~~	59997
~~agreement of a provider or the department shall not issue a~~	59998
~~provider agreement to an applicant if the provider or applicant is~~	59999
~~subject to a criminal records check under this section and the~~	60000
~~provider or applicant has been convicted of, has pleaded guilty~~	60001
~~to, or has been found eligible for intervention in lieu of~~	60002
~~conviction for any of the following, regardless of the date of the~~	60003
~~conviction, the date of entry of the guilty plea, or the date the~~	60004
~~applicant or provider was found eligible for intervention in lieu~~	60005
~~of conviction:~~	60006

~~(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,~~	60007
~~2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,~~	60008
~~2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,~~	60009
~~2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,~~	60010
~~2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,~~	60011
~~2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,~~	60012
~~2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,~~	60013
~~2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,~~	60014
~~2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,~~	60015
~~2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,~~	60016
~~2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,~~	60017
~~2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,~~	60018
~~2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,~~	60019
~~2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,~~	60020
~~2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,~~	60021
~~2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual~~	60022
~~penetration in violation of former section 2907.12 of the Revised~~	60023
~~Code, a violation of section 2905.04 of the Revised Code as it~~	60024
~~existed prior to July 1, 1996, a violation of section 2919.23 of~~	60025
~~the Revised Code that would have been a violation of section~~	60026
~~2905.04 of the Revised Code as it existed prior to July 1, 1996,~~	60027
~~had the violation been committed prior to that date;~~	60028

~~(2) A violation of an existing or former municipal ordinance~~	60029
~~or law of this state, any other state, or the United States that~~	60030
~~is substantially equivalent to any of the offenses listed in~~	60031
~~division (G)(1) of this section.~~	60032

~~(H)(1)(a) Except as provided in rules adopted under division~~	60033
~~(J) of this section and subject to division (H)(2) of this~~	60034
~~section, no provider shall permit a person to be an employee,~~	60035
~~owner, officer, or board member of the provider if the person is~~	60036
~~subject to a criminal records check under this section and the~~	60037
~~person has been convicted of, has pleaded guilty to, or has been~~	60038
~~found eligible for intervention in lieu of conviction for any of~~	60039
~~the offenses specified in division (G)(1) or (2) of this section.~~	60040

~~(b) No provider shall employ a person who has been excluded~~	60041
~~from participating in the medicaid program, the medicare program~~	60042
~~operated pursuant to Title XVIII of the "Social Security Act," or~~	60043
~~any other federal health care program.~~	60044

~~(2)(a)~~(H)(1) A provider or applicant to be a provider may	60045
employ conditionally a person for whom a criminal records check is	60046
required ~~under~~by this section prior to obtaining the results of a	60047
the criminal records check ~~regarding the person, but only~~ if ~~the~~	60048
both of the following apply:	60049

(a) The provider or applicant is not prohibited by division	60050
(D)(3)(b) of this section from employing the person.	60051

(b) The person submits a request for athe criminal records	60052
check not later than five business days after the ~~individual~~	60053
person begins conditional employment.	60054

~~(b)~~(2) A provider or applicant to be a provider that employs	60055
a person conditionally under ~~authority of~~ division (H)~~(2)(a)~~(1)	60056
of this section shall terminate the person's employment if the	60057
results of the criminal records check request are not obtained	60058
within the period ending sixty days after the date the request is	60059
made. Regardless of when the results of the criminal records check	60060
are obtained, if the results indicate that the ~~individual~~person	60061
has been convicted of, has pleaded guilty to, or has been found	60062
eligible for intervention in lieu of conviction for ~~any of the~~	60063
~~offenses specified in division (G)(1) or (2) of this section~~a	60064
disqualifying offense, the provider or applicant shall terminate	60065
the person's employment unless circumstances specified in rules	60066
adopted under this section exist that permit the provider or	60067
applicant to employ the person and the provider or applicant	60068
chooses to employ the ~~individual pursuant to division (J) of this~~	60069
~~section~~person.	60070

(I) The report of a criminal records check conducted pursuant	60071
to this section is not a public record for the purposes of section	60072
149.43 of the Revised Code and shall not be made available to any	60073
person other than the following:	60074

(1) The person who is the subject of the criminal records	60075
check or the person's representative;	60076

(2) The director of job and family services and the staff of	60077
the department who are involved in the administration of the	60078
medicaid program;	60079

(3) The department's designee;

60080

(4) The provider or applicant to be a provider who required	60081
the person who is the subject of the criminal records check to	60082
submit to the criminal records check;	60083

(5) A court, hearing officer, or other necessary individual	60084
involved in a case dealing with ~~the~~any of the following:	60085

(a) The denial or termination of a medicaid provider	60086
agreement;	60087

~~(4) A court, hearing officer, or other necessary individual~~	60088
~~involved in a case dealing with a~~(b) A person's denial of	60089
employment, termination of employment, or employment or	60090
unemployment benefits;	60091

(c) A civil or criminal action regarding the medicaid	60092
program.	60093

(J) The ~~department~~director of job and family services may	60094
adopt rules in accordance with Chapter 119. of the Revised Code to	60095
implement this section. If the director adopts such rules, the	60096
rules shall designate the times at which a criminal records check	60097
must be conducted under this section. The rules may ~~specify~~do	60098
any of the following:	60099

(1) Designate the categories of persons who are subject to a	60100
criminal records check under this section;	60101

(2) Specify circumstances under which the department or the	60102
department's designee may continue a medicaid provider agreement	60103
or issue a medicaid provider agreement to an applicant when the	60104
provider or applicant ~~has~~is found by a criminal records check to	60105
have been convicted of, ~~has~~ pleaded guilty to, or ~~has~~ been found	60106
eligible for intervention in lieu of conviction for ~~any of the~~	60107
~~offenses specified in division (G)(1) or (2) of this section. The~~	60108
~~rules may also specify~~a disqualifying offense;	60109

(3) Specify circumstances under which a provider or applicant	60110
to be a provider may permit a person to be an employee, owner,	60111
officer, or board member of the provider or applicant, when the	60112
person ~~has~~is found by a criminal records check conducted	60113
pursuant to this section to have been convicted of, ~~has~~ pleaded	60114
guilty to, or ~~has~~ been found eligible for intervention in lieu of	60115
conviction for ~~any of the offenses specified in division (G)(1) or~~	60116
~~(2) of this section~~a disqualifying offense;	60117

(4) Specify all of the following:

60118

(a) The circumstances under which a database review must be	60119
conducted under division (F)(1)(a) of this section to determine	60120
whether an employee or prospective employee of a provider or	60121
applicant to be a provider is included in a database;	60122

(b) The procedures for conducting the database review;

60123

60124

(d) The circumstances under which a provider or applicant to	60125
be a provider is prohibited from employing a person who is found	60126
by the database review to be included in a database.	60127

Sec. 5111.033. (A) As used in this section:

60128

~~(1)~~ "Applicant" means a person who is under final	60129
consideration for employment ~~or, after September 26, 2003, an~~	60130
~~existing employee~~ with a waiver agency in a full-time, part-time,	60131
or temporary position that involves providing home and	60132
community-based ~~waiver~~ services ~~to a person with disabilities~~.	60133
~~"Applicant" also means an existing employee with a waiver agency~~	60134
~~in a full-time, part-time, or temporary position that involves~~	60135
~~providing home and community-based waiver services to a person~~	60136
~~with disabilities after September 26, 2003~~.	60137

~~(2) "Criminal~~"Community-based long-term care agency" has the	60138
same meaning as in section 173.39 of the Revised Code.	60139

"Criminal records check" has the same meaning as in section	60140
109.572 of the Revised Code.	60141

~~(3) "Waiver agency" means a person or government entity that~~	60142
~~is not certified under the medicare program and is accredited by~~	60143
~~the community health accreditation program or the joint commission~~	60144
~~on accreditation of health care organizations or a company that~~	60145
~~provides home and community-based waiver services to persons with~~	60146
~~disabilities through department of job and family services~~	60147
~~administered home and community-based waiver programs.~~	60148

~~(4) "Home~~"Disqualifying offense" means any of the offenses	60149
listed or described in divisions (A)(3)(a) to (e) of section	60150
109.572 of the Revised Code.	60151

"Employee" means a person employed by a waiver agency in a	60152
full-time, part-time, or temporary position that involves	60153
providing home and community-based services.	60154

"Home and community-based ~~waiver~~ services medicaid waiver	60155
component" ~~means services furnished under the provision of 42~~	60156
~~C.F.R. 441, subpart G, that permit individuals to live in a home~~	60157
~~setting rather than a nursing facility or hospital~~has the same	60158
meaning as in section 5111.85 of the Revised Code. ~~Home and~~	60159
~~community-based waiver services are approved by the centers for~~	60160
~~medicare and medicaid for specific populations and are not~~	60161
~~otherwise available under the medicaid state plan.~~	60162

"Waiver agency" means a person or government entity that	60163
provides home and community-based services under a home and	60164
community-based services medicaid waiver component administered by	60165
the department of job and family services, other than such a	60166
person or government entity that is certified under the medicare	60167
program. "Waiver agency" does not mean an independent provider as	60168
defined in section 5111.034 of the Revised Code.	60169

(B) This section does not apply to any individual who is	60170
subject to a database review or criminal records check under	60171
section 3701.881 of the Revised Code. If a waiver agency also is a	60172
community-based long-term care agency, the agency may provide for	60173
applicants and employees to undergo database reviews and criminal	60174
records checks in accordance with section 173.394 of the Revised	60175
Code rather than this section.	60176

(C) No waiver agency shall employ an applicant or continue to	60177
employ an employee in a position that involves providing home and	60178
community-based services if any of the following apply:	60179

(1) A review of the databases listed in division (E) of this	60180
section reveals any of the following:	60181

(a) That the applicant or employee is included in one or more	60182
of the databases listed in divisions (E)(1) to (5) of this	60183
section;	60184

(b) That there is in the state nurse aide registry	60185
established under section 3721.32 of the Revised Code a statement	60186
detailing findings by the director of health that the applicant or	60187
employee neglected or abused a long-term care facility or	60188
residential care facility resident or misappropriated property of	60189
such a resident;	60190

(c) That the applicant or employee is included in one or more	60191
of the databases, if any, specified in rules adopted under this	60192
section and the rules prohibit the waiver agency from employing an	60193
applicant or continuing to employ an employee included in such a	60194
database in a position that involves providing home and	60195
community-based services.	60196

(2) After the applicant or employee is given the information	60197
and notification required by divisions (F)(2)(a) and (b) of this	60198
section, the applicant or employee fails to do either of the	60199
following:	60200

(a) Access, complete, or forward to the superintendent of the	60201
bureau of criminal identification and investigation the form	60202
prescribed to division (C)(1) of section 109.572 of the Revised	60203
Code or the standard impression sheet prescribed pursuant to	60204
division (C)(2) of that section;	60205

(b) Instruct the superintendent to submit the completed	60206
report of the criminal records check required by this section	60207
directly to the chief administrator of the waiver agency.	60208

(3) Except as provided in rules adopted under this section,	60209
the applicant or employee is found by a criminal records check	60210
required by this section to have been convicted of, pleaded guilty	60211
to, or been found eligible for intervention in lieu of conviction	60212
for a disqualifying offense, regardless of the date of the	60213
conviction, date of entry of the guilty plea, or the date the	60214
applicant or employee was found eligible for intervention in lieu	60215
of conviction.	60216

(D) At the time of each applicant's initial application for	60217
employment in a position that involves providing home and	60218
community-based services, the chief administrator of a waiver	60219
agency shall inform the applicant of both of the following:	60220

(1) That a review of the databases listed in division (E) of	60221
this section will be conducted to determine whether the waiver	60222
agency is prohibited by division (C)(1) of this section from	60223
employing the applicant in the position;	60224

(2) That, unless the database review reveals that the	60225
applicant may not be employed in the position, a criminal records	60226
check of the applicant will be conducted and the applicant is	60227
required to provide a set of the applicant's fingerprint	60228
impressions as part of the criminal records check.	60229

(E) As a condition of employing any applicant in a position	60230
that involves providing home and community-based services, the	60231
chief administrator of a waiver agency shall conduct a database	60232
review of the applicant in accordance with rules adopted under	60233
this section. If rules adopted under this section so require, the	60234
chief administrator of a waiver agency shall conduct a database	60235
review of an employee in accordance with the rules as a condition	60236
of continuing to employ the employee in a position that involves	60237
providing home and community-based services. A database review	60238
shall determine whether the applicant or employee is included in	60239
any of the following:	60240

(1) The excluded parties list system maintained by the United	60241
States general services administration pursuant to subpart 9.4 of	60242
the federal acquisition regulation;	60243

(2) The list of excluded individuals and entities maintained	60244
by the office of inspector general in the United States department	60245
of health and human services pursuant to section 1128 of the	60246
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	60247
amended, and section 1156 of the "Social Security Act," 96 Stat.	60248
388 (1982), 42 U.S.C. 1320c-5, as amended;	60249

(3) The registry of MR/DD employees established under section	60250
5123.52 of the Revised Code;	60251

(4) The internet-based sex offender and child-victim offender	60252
database established under division (A)(11) of section 2950.13 of	60253
the Revised Code;	60254

(5) The internet-based database of inmates established under	60255
section 5120.66 of the Revised Code;	60256

(6) The state nurse aide registry established under section	60257
3721.32 of the Revised Code;	60258

(7) Any other database, if any, specified in rules adopted	60259
under this section.	60260

(F)(1) ~~The~~As a condition of employing any applicant in a	60261
position that involves providing home and community-based	60262
services, the chief administrator of a waiver agency shall require	60263
~~each~~the applicant to request that the superintendent of the	60264
bureau of criminal identification and investigation conduct a	60265
criminal records check ~~with respect to~~of the applicant. If rules	60266
adopted under this section so require, the chief administrator of	60267
a waiver agency shall require an employee to request that the	60268
superintendent conduct a criminal records check of the employee at	60269
times specified in the rules as a condition of continuing to	60270
employ the employee in a position that involves providing home and	60271
community-based services. However, a criminal records check is not	60272
required for an applicant or employee if the waiver agency is	60273
prohibited by division (C)(1) of this section from employing the	60274
applicant or continuing to employ the employee in a position that	60275
involves providing home and community-based services. If an	60276
applicant or employee for whom a criminal records check request is	60277
required ~~under this division~~by this section does not present	60278
proof of having been a resident of this state for the five-year	60279
period immediately prior to the date the criminal records check is	60280
requested or provide evidence that within that five-year period	60281
the superintendent has requested information about the applicant	60282
or employee from the federal bureau of investigation in a criminal	60283
records check, the chief administrator shall require the applicant	60284
or employee to request that the superintendent obtain information	60285
from the federal bureau of investigation as part of the criminal	60286
records check ~~of the applicant~~. Even if an applicant or employee	60287
for whom a criminal records check request is required ~~under this~~	60288
~~division~~by this section presents proof of having been a resident	60289
of this state for the five-year period, the chief administrator	60290
may require the applicant or employee to request that the	60291
superintendent include information from the federal bureau of	60292
investigation in the criminal records check.	60293

(2) The chief administrator shall provide the following to	60294
each applicant and employee for whom a criminal records check	60295
~~request~~ is required ~~under division (B)(1) of~~by this section:	60296

(a) Information about accessing, completing, and forwarding	60297
to the superintendent of the bureau of criminal identification and	60298
investigation the form prescribed pursuant to division (C)(1) of	60299
section 109.572 of the Revised Code and the standard ~~fingerprint~~	60300
impression sheet prescribed pursuant to division (C)(2) of that	60301
section;	60302

(b) Written notification that the applicant or employee is to	60303
instruct the superintendent to submit the completed report of the	60304
criminal records check directly to the chief administrator.	60305

(3) ~~An applicant given information and notification under~~	60306
~~divisions (B)(2)(a) and (b) of this section who fails to access,~~	60307
~~complete, and forward to the superintendent the form or the~~	60308
~~standard fingerprint impression sheet, or who fails to instruct~~	60309
~~the superintendent to submit the completed report of the criminal~~	60310
~~records check directly to the chief administrator, shall not be~~	60311
~~employed in any position in a waiver agency for which a criminal~~	60312
~~records check is required by this section.~~A waiver agency shall	60313
pay to the bureau of criminal identification and investigation the	60314
fee prescribed pursuant to division (C)(3) of section 109.572 of	60315
the Revised Code for any criminal records check required by this	60316
section. However, a waiver agency may require an applicant to pay	60317
to the bureau the fee for a criminal records check of the	60318
applicant. If the waiver agency pays the fee for an applicant, it	60319
may charge the applicant a fee not exceeding the amount the waiver	60320
agency pays to the bureau under this section if the waiver agency	60321
notifies the applicant at the time of initial application for	60322
employment of the amount of the fee and that, unless the fee is	60323
paid, the applicant will not be considered for employment.	60324

~~(C)(1) Except as provided in rules adopted by the department~~	60325
~~of job and family services in accordance with division (F) of this~~	60326
~~section and subject to division (C)(2) of this section, no waiver~~	60327
~~agency shall employ a person in a position that involves providing~~	60328
~~home and community-based waiver services to persons with~~	60329
~~disabilities if the person has been convicted of, has pleaded~~	60330
~~guilty to, or has been found eligible for intervention in lieu of~~	60331
~~conviction for any of the following, regardless of the date of the~~	60332
~~conviction, the date of entry of the guilty plea, or the date the~~	60333
~~person was found eligible for intervention in lieu of conviction:~~	60334

~~(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,~~	60335
~~2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,~~	60336
~~2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,~~	60337
~~2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,~~	60338
~~2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,~~	60339
~~2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,~~	60340
~~2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,~~	60341
~~2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,~~	60342
~~2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,~~	60343
~~2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,~~	60344
~~2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,~~	60345
~~2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,~~	60346
~~2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,~~	60347
~~2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,~~	60348
~~2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,~~	60349
~~2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual~~	60350
~~penetration in violation of former section 2907.12 of the Revised~~	60351
~~Code, a violation of section 2905.04 of the Revised Code as it~~	60352
~~existed prior to July 1, 1996, a violation of section 2919.23 of~~	60353
~~the Revised Code that would have been a violation of section~~	60354
~~2905.04 of the Revised Code as it existed prior to July 1, 1996,~~	60355
~~had the violation been committed prior to that date;~~	60356

~~(b) A violation of an existing or former municipal ordinance~~	60357
~~or law of this state, any other state, or the United States that~~	60358
~~is substantially equivalent to any of the offenses listed in~~	60359
~~division (C)(1)(a) of this section.~~	60360

~~(2)(a)~~(G)(1) A waiver agency may employ conditionally an	60361
applicant for whom a criminal records check ~~request~~ is required	60362
~~under division (B) of~~by this section prior to obtaining the	60363
results of athe criminal records check ~~regarding the individual,~~	60364
~~provided that the~~if both of the following apply:	60365

(a) The waiver agency is not prohibited by division (C)(1) of	60366
this section from employing the applicant in a position that	60367
involves providing home and community-based services.	60368

(b) The chief administrator of the waiver agency ~~shall~~	60369
~~require~~requires the ~~individual~~applicant to request a criminal	60370
records check regarding the ~~individual~~applicant in accordance	60371
with division ~~(B)~~(F)(1) of this section not later than five	60372
business days after the ~~individual~~applicant begins conditional	60373
employment.	60374

~~(b)~~(2) A waiver agency that employs an ~~individual~~applicant	60375
conditionally under ~~authority of~~ division ~~(C)(2)(a)~~(G)(1) of this	60376
section shall terminate the ~~individual's~~applicant's employment if	60377
the results of the criminal records check ~~request under division~~	60378
~~(B) of this section~~, other than the results of any request for	60379
information from the federal bureau of investigation, are not	60380
obtained within the period ending sixty days after the date the	60381
request for the criminal records check is made. Regardless of when	60382
the results of the criminal records check are obtained, if the	60383
results indicate that the ~~individual~~applicant has been convicted	60384
of, has pleaded guilty to, or has been found eligible for	60385
intervention in lieu of conviction for ~~any of the offenses listed~~	60386
~~or described in division (C)(1) of this section~~a disqualifying	60387
offense, the waiver agency shall terminate the ~~individual's~~	60388
applicant's employment unless circumstances specified in rules	60389
adopted under this section exist that permit the waiver agency to	60390
employ the applicant and the waiver agency chooses to employ the	60391
~~individual pursuant to division (F) of this section~~applicant.	60392

~~(D)(1) The fee prescribed pursuant to division (C)(3) of~~	60393
~~section 109.572 of the Revised Code for each criminal records~~	60394
~~check conducted pursuant to a request made under division (B) of~~	60395
~~this section shall be paid to the bureau of criminal~~	60396
~~identification and investigation by the applicant or the waiver~~	60397
~~agency.~~	60398

~~(2) If a waiver agency pays the fee, it may charge the~~	60399
~~applicant a fee not exceeding the amount the agency pays under~~	60400
~~division (D)(1) of this section. An agency may collect a fee only~~	60401
~~if the agency notifies the person at the time of initial~~	60402
~~application for employment of the amount of the fee and that,~~	60403
~~unless the fee is paid, the person will not be considered for~~	60404
~~employment.~~	60405

~~(E)~~(H) The report of any criminal records check conducted	60406
pursuant to a request made under this section is not a public	60407
record for the purposes of section 149.43 of the Revised Code and	60408
shall not be made available to any person other than the	60409
following:	60410

(1) The ~~individual~~applicant or employee who is the subject	60411
of the criminal records check or the ~~individual's~~ representative	60412
of the applicant or employee;	60413

(2) The chief administrator of the waiver agency ~~requesting~~	60414
that requires the applicant or employee to request the criminal	60415
records check or the administrator's representative;	60416

(3) ~~An administrator at~~The director of job and family	60417
services and the staff of the department who are involved in the	60418
administration of the medicaid program;	60419

(4) The director of aging or the director's designee if the	60420
waiver agency also is a community-based long-term care agency;	60421

(5) A court, hearing officer, or other necessary individual	60422
involved in a case dealing with aany of the following:	60423

(a) A denial of employment of the applicant or ~~dealing with~~	60424
~~employment~~employee;	60425

(b) Employment or unemployment benefits of the applicant or	60426
employee;	60427

(c) A civil or criminal action regarding the medicaid	60428
program.	60429

~~(F)~~(I) The ~~department~~director of job and family services	60430
shall adopt rules in accordance with Chapter 119. of the Revised	60431
Code to implement this section. ~~The~~	60432

(1) The rules may do the following:

60433

(a) Require employees to undergo database reviews and	60434
criminal records checks under this section;	60435

(b) If the rules require employees to undergo database	60436
reviews and criminal records checks under this section, exempt one	60437
or more classes of employees from the requirements;	60438

(c) For the purpose of division (E)(7) of this section,	60439
specify other databases that are to be checked as part of a	60440
database review conducted under this section.	60441

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

60442

(a) The procedures for conducting a database review under	60443
this section;	60444

(b) If the rules require employees to undergo database	60445
reviews and criminal records checks under this section, the times	60446
at which the database reviews and criminal records checks are to	60447
be conducted;	60448

(c) If the rules specify other databases to be checked as	60449
part of a database review, the circumstances under which a waiver	60450
agency is prohibited from employing an applicant or continuing to	60451
employ an employee who is found by the database review to be	60452
included in one or more of those databases;	60453

(d) The circumstances under which a waiver agency may employ	60454
~~a person~~an applicant or employee who ~~has~~is found by a criminal	60455
records check required by this section to have been convicted of,	60456
~~has~~ pleaded guilty to, or ~~has~~ been found eligible for intervention	60457
in lieu of conviction for ~~an offense listed or described in~~	60458
~~division (C)(1) of this section~~a disqualifying offense.	60459

~~(G) The chief administrator of a waiver agency shall inform~~	60460
~~each person, at the time of initial application for a position~~	60461
~~that involves providing home and community-based waiver services~~	60462
~~to a person with a disability, that the person is required to~~	60463
~~provide a set of fingerprint impressions and that a criminal~~	60464
~~records check is required to be conducted if the person comes~~	60465
~~under final consideration for employment.~~	60466

~~(H)(1) A person who, on September 26, 2003, is an employee of~~	60467
~~a waiver agency in a full-time, part-time, or temporary position~~	60468
~~that involves providing home and community-based waiver services~~	60469
~~to a person with disabilities shall comply with this section~~	60470
~~within sixty days after September 26, 2003, unless division (H)(2)~~	60471
~~of this section applies.~~	60472

~~(2) This section shall not apply to a person to whom all of~~	60473
~~the following apply:~~	60474

~~(a) On September 26, 2003, the person is an employee of a~~	60475
~~waiver agency in a full-time, part-time, or temporary position~~	60476
~~that involves providing home and community-based waiver services~~	60477
~~to a person with disabilities.~~	60478

~~(b) The person previously had been the subject of a criminal~~	60479
~~background check relating to that position;~~	60480

~~(c) The person has been continuously employed in that~~	60481
~~position since that criminal background check had been conducted.~~	60482

(J) The amendments made by H.B. 487 of the 129th general	60483
assembly to this section do not preclude the department of job and	60484
family services from taking action against a person for failure to	60485
comply with former division (H) of this section as that division	60486
existed on the day preceding the effective date of this amendment.	60487

Sec. 5111.034. (A) As used in this section:

60488

~~(1)~~ "Anniversary date" means the later of the effective date	60489
of the provider agreement relating to the independent provider or	60490
sixty days after September 26, 2003.	60491

~~(2) "Criminal~~"Applicant" means a person who has applied for	60492
a medicaid provider agreement to provide home and community-based	60493
services as an independent provider under a home and	60494
community-based medicaid waiver component administered by the	60495
department of job and family services.	60496

"Criminal records check" has the same meaning as in section	60497
109.572 of the Revised Code.	60498

~~(3) "Department" includes a designee of the department of job~~	60499
~~and family services.~~	60500

~~(4) "Independent~~"Disqualifying offense" means any of the	60501
offenses listed or described in divisions (A)(3)(a) to (e) of	60502
section 109.572 of the Revised Code.	60503

"Independent provider" means a person who ~~is submitting an~~	60504
~~application for a provider agreement or who~~ has a medicaid	60505
provider agreement to provide home and community-based services as	60506
an independent provider in a home and community-based services	60507
medicaid waiver component administered by the department of job	60508
and family services ~~administered home and community-based services~~	60509
~~program providing home and community-based waiver services to~~	60510
~~consumers with disabilities~~.	60511

~~(5)~~ "Home and community-based ~~waiver~~ services medicaid waiver	60512
component" has the same meaning as in section ~~5111.033~~5111.85 of	60513
the Revised Code.	60514

(B) The department of job and family services or the	60515
department's designee shall deny an applicant's application for a	60516
medicaid provider agreement and shall terminate an independent	60517
provider's medicaid provider agreement if either of the following	60518
applies:	60519

(1) After the applicant or independent provider is given the	60520
information and notification required by divisions (D)(2)(a) and	60521
(b) of this section, the applicant or independent provider fails	60522
to do either of the following:	60523

(a) Access, complete, or forward to the superintendent of the	60524
bureau of criminal identification and investigation the form	60525
prescribed pursuant to division (C)(1) of section 109.572 of the	60526
Revised Code or the standard impression sheet prescribed pursuant	60527
to division (C)(2) of that section;	60528

(b) Instruct the superintendent to submit the completed	60529
report of the criminal records check required by this section	60530
directly to the department or the department's designee.	60531

(2) Except as provided in rules adopted under this section,	60532
the applicant or independent provider is found by a criminal	60533
records check required by this section to have been convicted of,	60534
pleaded guilty to, or been found eligible for intervention in lieu	60535
of conviction for a disqualifying offense, regardless of the date	60536
of the conviction, the date of entry of the guilty plea, or the	60537
date the applicant or independent provider was found eligible for	60538
intervention in lieu of conviction.	60539

(C)(1) The department ~~of job and family services~~or the	60540
department's designee shall inform each ~~independent provider~~	60541
applicant, at the time of initial application for a medicaid	60542
provider agreement ~~that involves providing home and~~	60543
~~community-based waiver services to consumers with disabilities~~,	60544
that the ~~independent provider~~applicant is required to provide a	60545
set of the applicant's fingerprint impressions and that a criminal	60546
records check is required to be conducted ~~if the person is to~~	60547
~~become an independent provider in adepartment administered home~~	60548
~~and community-based waiver program~~as a condition of the	60549
department's approving the application.	60550

(2) Beginning on September 26, 2003, the department or the	60551
department's designee shall inform each ~~enrolled medicaid~~	60552
independent provider on or before the time of the anniversary date	60553
of the medicaid provider agreement ~~that involves providing home~~	60554
~~and community-based waiver services to consumers with disabilities~~	60555
that the independent provider is required to provide a set of the	60556
independent provider's fingerprint impressions and that a criminal	60557
records check is required to be conducted.	60558

~~(C)~~(D)(1) The department or the department's designee shall	60559
require ~~the independent provider~~an applicant to complete a	60560
criminal records check prior to entering into a medicaid provider	60561
agreement with the ~~independent provider and~~applicant. The	60562
department or the department's designee shall require an	60563
independent provider to complete a criminal records check at least	60564
annually ~~thereafter~~. If an applicant or independent provider for	60565
whom a criminal records check is required ~~under this division~~by	60566
this section does not present proof of having been a resident of	60567
this state for the five-year period immediately prior to the date	60568
the criminal records check is requested or provide evidence that	60569
within that five-year period the superintendent of the bureau of	60570
criminal identification and investigation has requested	60571
information about the applicant or independent provider from the	60572
federal bureau of investigation in a criminal records check, the	60573
department or the department's designee shall request that the	60574
applicant or independent provider obtain through the	60575
superintendent a criminal records request from the federal bureau	60576
of investigation as part of the criminal records check of the	60577
applicant or independent provider. Even if an applicant or	60578
independent provider for whom a criminal records check request is	60579
required ~~under this division~~by this section presents proof of	60580
having been a resident of this state for the five-year period, the	60581
department or the department's designee may request that the	60582
applicant or independent provider obtain information through the	60583
superintendent from the federal bureau of investigation in the	60584
criminal records check.	60585

(2) The department or the department's designee shall provide	60586
the following to each applicant and independent provider for whom	60587
a criminal records check ~~request~~ is required ~~under division (C)(1)~~	60588
ofby this section:	60589

(a) Information about accessing, completing, and forwarding	60590
to the superintendent of the bureau of criminal identification and	60591
investigation the form prescribed pursuant to division (C)(1) of	60592
section 109.572 of the Revised Code and the standard ~~fingerprint~~	60593
impression sheet prescribed pursuant to division (C)(2) of that	60594
section;	60595

(b) Written notification that the applicant or independent	60596
provider is to instruct the superintendent to submit the completed	60597
report of the criminal records check directly to the department or	60598
the department's designee.	60599

(3) ~~An independent provider given information and~~	60600
~~notification under divisions (C)(2)(a) and (b) of this section who~~	60601
~~fails to access, complete, and forward to the superintendent the~~	60602
~~form or the standard fingerprint impression sheet, or who fails to~~	60603
~~instruct the superintendent to submit the completed report of the~~	60604
~~criminal records check directly to the department, shall not be~~	60605
~~approved as an independent provider.~~Each applicant and	60606
independent provider for whom a criminal records check is required	60607
by this section shall pay to the bureau of criminal identification	60608
and investigation the fee prescribed pursuant to division (C)(3)	60609
of section 109.572 of the Revised Code for the criminal records	60610
check conducted of the applicant or independent provider.	60611

~~(D) Except as provided in rules adopted by the department in~~	60612
~~accordance with division (G) of this section, the department shall~~	60613
~~not issue a new provider agreement to, and shall terminate an~~	60614
~~existing provider agreement of, an independent provider if the~~	60615
~~person has been convicted of, has pleaded guilty to, or has been~~	60616
~~found eligible for intervention in lieu of conviction for any of~~	60617
~~the following, regardless of the date of the conviction, the date~~	60618
~~of entry of the guilty plea, or the date the person was found~~	60619
~~eligible for intervention in lieu of conviction:~~	60620

~~(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,~~	60621
~~2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,~~	60622
~~2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,~~	60623
~~2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,~~	60624
~~2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,~~	60625
~~2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,~~	60626
~~2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,~~	60627
~~2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,~~	60628
~~2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,~~	60629
~~2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,~~	60630
~~2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,~~	60631
~~2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,~~	60632
~~2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,~~	60633
~~2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,~~	60634
~~2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,~~	60635
~~2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual~~	60636
~~penetration in violation of former section 2907.12 of the Revised~~	60637
~~Code, a violation of section 2905.04 of the Revised Code as it~~	60638
~~existed prior to July 1, 1996, a violation of section 2919.23 of~~	60639
~~the Revised Code that would have been a violation of section~~	60640
~~2905.04 of the Revised Code as it existed prior to July 1, 1996,~~	60641
~~had the violation been committed prior to that date;~~	60642

~~(2) A violation of an existing or former municipal ordinance~~	60643
~~or law of this state, any other state, or the United States that~~	60644
~~is substantially equivalent to any of the offenses listed in~~	60645
~~division (D)(1) of this section.~~	60646

~~(E) Each independent provider shall pay to the bureau of~~	60647
~~criminal identification and investigation the fee prescribed~~	60648
~~pursuant to division (C)(3) of section 109.572 of the Revised Code~~	60649
~~for each criminal records check conducted pursuant to a request~~	60650
~~made under division (C) of this section.~~	60651

~~(F)~~(E) The report of any criminal records check conducted by	60652
the bureau of criminal identification and investigation in	60653
accordance with section 109.572 of the Revised Code and pursuant	60654
to a request made under ~~division (C) of~~ this section is not a	60655
public record for the purposes of section 149.43 of the Revised	60656
Code and shall not be made available to any person other than the	60657
following:	60658

(1) The person who is the subject of the criminal records	60659
check or the person's representative;	60660

(2) ~~An administrator at~~The director of job and family	60661
services and the staff of the department ~~or the administrator's~~	60662
~~representative~~who are involved in the administration of the	60663
medicaid program;	60664

(3) The department's designee;

60665

(4) An individual who receives home and community-based	60666
services from the person who is the subject of the criminal	60667
records check;	60668

(5) A court, hearing officer, or other necessary individual	60669
involved in a case dealing with aeither of the following:	60670

(a) A denial or termination of a provider agreement related	60671
to the criminal records check;	60672

(b) A civil or criminal action regarding the medicaid	60673
program.	60674

~~(G)~~(F) The ~~department~~director of job and family services	60675
shall adopt rules in accordance with Chapter 119. of the Revised	60676
Code to implement this section. The rules shall specify	60677
circumstances under which the department or the department's	60678
designee may either ~~issue a provider agreement to an independent~~	60679
~~provider~~approve an applicant's application or allow an	60680
independent provider to maintain an existing medicaid provider	60681
agreement ~~when~~even though the applicant or independent provider	60682
~~has~~is found by a criminal records check required by this section	60683
to have been convicted of, ~~has~~ pleaded guilty to, or ~~has~~ been	60684
found eligible for intervention in lieu of conviction for an	60685
~~offense listed or described in division (D)(1) or (2) of this~~	60686
~~section~~a disqualifying offense.	60687

Sec. 5111.06. (A)(1) As used in this section and in sections	60688
5111.061 and 5111.063 of the Revised Code:	60689

(a) "Provider" means any person, institution, or entity that	60690
furnishes medicaid services under a provider agreement with the	60691
department of job and family services pursuant to Title XIX of the	60692
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	60693
amended.	60694

(b) "Party" has the same meaning as in division (G) of	60695
section 119.01 of the Revised Code.	60696

(c) "Adjudication" has the same meaning as in division (D) of	60697
section 119.01 of the Revised Code.	60698

(2) This section does not apply to ~~any~~either of the	60699
following:	60700

(a) Any action taken or decision made by the department of	60701
job and family services with respect to entering into or refusing	60702
to enter into a contract with a managed care organization pursuant	60703
to section 5111.17 of the Revised Code;	60704

(b) Any action taken by the department under ~~sections 5111.16~~	60705
~~to 5111.177 or~~ sections 5111.35 to 5111.62 of the Revised Code.	60706

(B) Except as provided in division (D) of this section and	60707
section 5111.914 of the Revised Code, the department shall do	60708
either of the following by issuing an order pursuant to an	60709
adjudication conducted in accordance with Chapter 119. of the	60710
Revised Code:	60711

(1) Enter into or refuse to enter into a provider agreement	60712
with a provider, or suspend, terminate, renew, or refuse to renew	60713
an existing provider agreement with a provider;	60714

(2) Take any action based upon a final fiscal audit of a	60715
provider.	60716

(C) Any party who is adversely affected by the issuance of an	60717
adjudication order under division (B) of this section may appeal	60718
to the court of common pleas of Franklin county in accordance with	60719
section 119.12 of the Revised Code.	60720

(D) The department is not required to comply with division	60721
(B)(1) of this section whenever any of the following occur:	60722

(1) The terms of a provider agreement require the provider to	60723
hold a license, permit, or certificate or maintain a certification	60724
issued by an official, board, commission, department, division,	60725
bureau, or other agency of state or federal government other than	60726
the department of job and family services, and the license,	60727
permit, certificate, or certification has been denied, revoked,	60728
not renewed, suspended, or otherwise limited.	60729

(2) The terms of a provider agreement require the provider to	60730
hold a license, permit, or certificate or maintain certification	60731
issued by an official, board, commission, department, division,	60732
bureau, or other agency of state or federal government other than	60733
the department of job and family services, and the provider has	60734
not obtained the license, permit, certificate, or certification.	60735

(3) The provider agreement is denied, terminated, or not	60736
renewed due to the termination, refusal to renew, or denial of a	60737
license, permit, certificate, or certification by an official,	60738
board, commission, department, division, bureau, or other agency	60739
of this state other than the department of job and family	60740
services, notwithstanding the fact that the provider may hold a	60741
license, permit, certificate, or certification from an official,	60742
board, commission, department, division, bureau, or other agency	60743
of another state.	60744

(4) The provider agreement is denied, terminated, or not	60745
renewed pursuant to division (C) or (F) of section 5111.03 of the	60746
Revised Code.	60747

(5) The provider agreement is denied, terminated, or not	60748
renewed due to the provider's termination, suspension, or	60749
exclusion from the medicare program established under Title XVIII	60750
of the "Social Security Act" or from another state's medicaid	60751
program and, in either case, the termination, suspension, or	60752
exclusion is binding on the provider's participation in the	60753
medicaid program in this state.	60754

(6) The provider agreement is denied, terminated, or not	60755
renewed due to the provider's pleading guilty to or being	60756
convicted of a criminal activity materially related to either the	60757
medicare or medicaid program.	60758

(7) The provider agreement is denied, terminated, or	60759
suspended as a result of action by the United States department of	60760
health and human services and that action is binding on the	60761
provider's participation in the medicaid program.	60762

(8) Pursuant to either section 5111.031 or 5111.035 of the	60763
Revised Code, the provider agreement is suspended and payments to	60764
the provider are suspended pending indictment of the provider.	60765

(9) The provider agreement is denied, terminated, or not	60766
renewed because the provider or its owner, officer, authorized	60767
agent, associate, manager, or employee has been convicted of one	60768
of the offenses that caused the provider agreement to be suspended	60769
pursuant to section 5111.031 of the Revised Code.	60770

(10) The provider agreement is converted under section	60771
5111.028 of the Revised Code from a provider agreement that is not	60772
time-limited to a provider agreement that is time-limited.	60773

(11) The provider agreement is terminated or an application	60774
for re-enrollment is denied because the provider has failed to	60775
apply for re-enrollment within the time or in the manner specified	60776
for re-enrollment pursuant to section 5111.028 of the Revised	60777
Code.	60778

(12) The provider agreement is suspended or terminated, or an	60779
application for enrollment or re-enrollment is denied, for any	60780
reason authorized or required by one or more of the following: 42	60781
C.F.R. 455.106, 455.23, 455.416, 455.434, or 455.450.	60782

(13) The provider agreement is terminated or not renewed	60783
because the provider has not billed or otherwise submitted a	60784
medicaid claim to the department for two years or longer.	60785

(14) The provider agreement is denied, terminated, or not	60786
renewed because the provider fails to provide to the department	60787
the national provider identifier assigned the provider by the	60788
national provider system pursuant to 45 C.F.R. 162.408.	60789

In the case of a provider described in division (D)(13) or	60790
(14) of this section, the department may take its proposed action	60791
against a provider agreement by sending a notice explaining the	60792
proposed action to the provider. The notice shall be sent to the	60793
provider's address on record with the department. The notice may	60794
be sent by regular mail.	60795

(E) The department may withhold payments for services	60796
rendered by a medicaid provider under the medicaid program during	60797
the pendency of proceedings initiated under division (B)(1) of	60798
this section. If the proceedings are initiated under division	60799
(B)(2) of this section, the department may withhold payments only	60800
to the extent that they equal amounts determined in a final fiscal	60801
audit as being due the state. This division does not apply if the	60802
department fails to comply with section 119.07 of the Revised	60803
Code, requests a continuance of the hearing, or does not issue a	60804
decision within thirty days after the hearing is completed. This	60805
division does not apply to nursing facilities and intermediate	60806
care facilities for the mentally retarded as defined in section	60807
5111.20 of the Revised Code.	60808

Sec. 5111.091. ~~Not later than the first day of each calendar~~	60809
~~quarter~~Semiannually, the director of job and family services	60810
shall submit ~~a report~~ to the president and minority leader of the	60811
senate, speaker and minority leader of the house of	60812
representatives, and the chairpersons of the standing committees	60813
of the senate and house of representatives ~~that hear bills~~with	60814
primary responsibility for legislation making biennial	60815
appropriations a report on the establishment and implementation of	60816
programs designed to control the increase of the cost of the	60817
medicaid program, increase the efficiency of the medicaid program,	60818
and promote better health outcomes. In each calendar year, one	60819
report shall be submitted not later than the last day of June and	60820
the subsequent report shall be submitted not later than the last	60821
day of December.	60822

~~The report shall include information regarding all of the~~	60823
~~following:~~	60824

~~(A) Provider network management;~~

60825

~~(B) Electronic claims submission and payment systems;~~

60826

~~(C) Limited provider contracts and payments based on~~	60827
~~performance;~~	60828

~~(D) Efforts to enforce third party liability;~~

60829

~~(E) Implementation of the medicaid information technology~~	60830
~~system;~~	60831

~~(F) Expansion of the medicaid data warehouse and decision~~	60832
~~support system;~~	60833

~~(G) Development of infrastructure policies for electronic~~	60834
~~health records and e-prescribing.~~	60835

Sec. 5111.113. (A) As used in this section:

60836

(1) ~~"Adult care facility" has the same meaning as in section~~	60837
~~5119.70 of the Revised Code.~~	60838

~~(2)~~ "Commissioner" means a person appointed by a probate	60839
court under division (E) of section 2113.03 of the Revised Code to	60840
act as a commissioner.	60841

~~(3)~~(2) "Home" has the same meaning as in section 3721.10 of	60842
the Revised Code.	60843

~~(4)~~(3) "Personal needs allowance account" means an account or	60844
petty cash fund that holds the money of a resident of an adult	60845
care facility or home and that the facility or home manages for	60846
the resident.	60847

(4) "Residential facility" means a residential facility	60848
licensed under section 5119.22 of the Revised Code that provides	60849
accommodations, supervision, and personal care services for three	60850
to sixteen unrelated adults.	60851

(B) Except as provided in divisions (C) and (D) of this	60852
section, the owner or operator of ~~an adult care facility or~~a home	60853
or residential facility shall transfer to the department of job	60854
and family services the money in the personal needs allowance	60855
account of a resident of the ~~facility or~~ home or facility who was	60856
a recipient of the medical assistance program no earlier than	60857
sixty days but not later than ninety days after the resident dies.	60858
The ~~adult care facility or~~ home or facility shall transfer the	60859
money even though the owner or operator of the facility or home	60860
has not been issued letters testamentary or letters of	60861
administration concerning the resident's estate.	60862

(C) If funeral or burial expenses for a resident of ~~an adult~~	60863
~~care facility or~~a home or residential facility who has died have	60864
not been paid and the only resource the resident had that could be	60865
used to pay for the expenses is the money in the resident's	60866
personal needs allowance account, or all other resources of the	60867
resident are inadequate to pay the full cost of the expenses, the	60868
money in the resident's personal needs allowance account shall be	60869
used to pay for the expenses rather than being transferred to the	60870
department of job and family services pursuant to division (B) of	60871
this section.	60872

(D) If, not later than sixty days after a resident of an	60873
~~adult care facility or~~a home or residential facility dies,	60874
letters testamentary or letters of administration are issued, or	60875
an application for release from administration is filed under	60876
section 2113.03 of the Revised Code, concerning the resident's	60877
estate, the owner or operator of the ~~facility or~~ home or facility	60878
shall transfer the money in the resident's personal needs	60879
allowance account to the administrator, executor, commissioner, or	60880
person who filed the application for release from administration.	60881

(E) The transfer or use of money in a resident's personal	60882
needs allowance account in accordance with division (B), (C), or	60883
(D) of this section discharges and releases the ~~adult care~~	60884
~~facility or~~ home or residential facility, and the owner or	60885
operator of the ~~facility or~~ home, from any claim for the money	60886
from any source.	60887

(F) If, sixty-one or more days after a resident of ~~an adult~~	60888
~~care facility or~~a home or residential facility dies, letters	60889
testamentary or letters of administration are issued, or an	60890
application for release from administration under section 2113.03	60891
of the Revised Code is filed, concerning the resident's estate,	60892
the department of job and family services shall transfer the funds	60893
to the administrator, executor, commissioner, or person who filed	60894
the application, unless the department is entitled to recover the	60895
money under the medicaid estate recovery program instituted under	60896
section 5111.11 of the Revised Code.	60897

Sec. 5111.16. (A) As part of the medicaid program, the	60898
department of job and family services shall establish a care	60899
management system. The department shall submit, if necessary,	60900
applications to the United States department of health and human	60901
services for waivers of federal medicaid requirements that would	60902
otherwise be violated in the implementation of the system.	60903

(B) The department shall implement the care management system	60904
in some or all counties and shall designate the medicaid	60905
recipients who are required or permitted to participate in the	60906
system. In the department's implementation of the system and	60907
designation of participants, all of the following apply:	60908

(1) In the case of individuals who receive medicaid on the	60909
basis of being included in the category identified by the	60910
department as covered families and children, the department shall	60911
implement the care management system in all counties. All	60912
individuals included in the category shall be designated for	60913
participation, except for individuals included in one or more of	60914
the medicaid recipient groups specified in 42 C.F.R. 438.50(d).	60915
The department shall ensure that all participants are enrolled in	60916
health insuring corporations under contract with the department	60917
pursuant to section 5111.17 of the Revised Code.	60918

(2) In the case of individuals who receive medicaid on the	60919
basis of being aged, blind, or disabled, as specified in division	60920
~~(A)~~(C)(2) of section 5111.01 of the Revised Code, the department	60921
shall implement the care management system in all counties. Except	60922
as provided in division (C) of this section, all individuals	60923
included in the category shall be designated for participation.	60924
The department shall ensure that all participants are enrolled in	60925
health insuring corporations under contract with the department	60926
pursuant to section 5111.17 of the Revised Code.	60927

(3) Alcohol, drug addiction, and mental health services	60928
covered by medicaid shall not be included in any component of the	60929
care management system when the nonfederal share of the cost of	60930
those services is provided by a board of alcohol, drug addiction,	60931
and mental health services or a state agency other than the	60932
department of job and family services, but the recipients of those	60933
services may otherwise be designated for participation in the	60934
system.	60935

(C)(1) In designating participants who receive medicaid on	60936
the basis of being aged, blind, or disabled, the department shall	60937
not include any of the following, except as provided under	60938
division (C)(2) of this section:	60939

(a) Individuals who are under twenty-one years of age;

60940

(b) Individuals who are institutionalized;

60941

(c) Individuals who become eligible for medicaid by spending	60942
down their income or resources to a level that meets the medicaid	60943
program's financial eligibility requirements;	60944

(d) Individuals who are dually eligible under the medicaid	60945
program and the medicare program established under Title XVIII of	60946
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as	60947
amended;	60948

(e) Individuals to the extent that they are receiving	60949
medicaid services through a medicaid waiver component, as defined	60950
in section 5111.85 of the Revised Code.	60951

(2) If any necessary waiver of federal medicaid requirements	60952
is granted, the department may designate any of the following	60953
individuals who receive medicaid on the basis of being aged,	60954
blind, or disabled as individuals who are permitted or required to	60955
participate in the care management system:	60956

(a) Individuals who are under twenty-one years of age;

60957

(b) Individuals who reside in a nursing facility, as defined	60958
in section 5111.20 of the Revised Code;	60959

(c) Individuals who, as an alternative to receiving nursing	60960
facility services, are participating in a home and community-based	60961
services medicaid waiver component, as defined in section 5111.85	60962
of the Revised Code;	60963

(d) Individuals who are dually eligible under the medicaid	60964
program and the medicare program.	60965

(D) Subject to division (B) of this section, the department	60966
may do both of the following under the care management system:	60967

(1) Require or permit participants in the system to obtain	60968
health care services from providers designated by the department;	60969

(2) Require or permit participants in the system to obtain	60970
health care services through managed care organizations under	60971
contract with the department pursuant to section 5111.17 of the	60972
Revised Code.	60973

(E)(1) The department shall prepare an annual report on the	60974
care management system. The report shall address the department's	60975
ability to implement the system, including all of the following	60976
components:	60977

(a) The required designation of participants included in the	60978
category identified by the department as covered families and	60979
children;	60980

(b) The required designation of participants included in the	60981
aged, blind, or disabled category of medicaid recipients;	60982

60983

(2) The department shall submit each annual report to the	60984
general assembly. The first report shall be submitted not later	60985
than October 1, 2007.	60986

(F) The director of job and family services may adopt rules	60987
in accordance with Chapter 119. of the Revised Code to implement	60988
this section.	60989

Sec. 5111.161. (A) As used in this section:

60990

(1) "Children's care network" means any of the following:

60991

(a) A children's hospital;

60992

(b) A group of children's hospitals;

60993

60994

(2) "Children's hospital" has the same meaning as in section	60995
2151.86 of the Revised Code.	60996

(B) If the department of job and family services includes in	60997
the care management system, pursuant to section 5111.16 of the	60998
Revised Code, individuals under twenty-one years of age included	60999
in the category of individuals who receive medicaid on the basis	61000
of being aged, blind, or disabled, as specified in division	61001
~~(A)~~(C)(2) of section 5111.01 of the Revised Code, the department	61002
shall develop a system to recognize entities as pediatric	61003
accountable care organizations. The purpose of the recognition	61004
system shall be to meet the complex medical and behavioral needs	61005
of disabled children through new approaches to care coordination.	61006
The department shall implement the recognition system not later	61007
than July 1, 2012.	61008

An entity recognized by the department as a pediatric	61009
accountable care organization may develop innovative partnerships	61010
between relevant groups and may contract directly or subcontract	61011
with the state to provide services to the medicaid recipients	61012
under twenty-one years of age described in this division who are	61013
permitted or required to participate in the care management	61014
system.	61015

(C)(1) To be recognized by the department as a pediatric	61016
accountable care organization, an entity shall meet the standards	61017
established in rules adopted under this section. Unless required	61018
by sections 2706 and 3022 of the "Patient Protection and	61019
Affordable Care Act," 124 Stat. 325 (2010) and Title XVIII of the	61020
"Social Security Act," 124 Stat. 395 (2010), 42 U.S.C. 1395jjj,	61021
the regulations adopted pursuant to those sections, and the laws	61022
of this state, the department shall not require that an entity be	61023
a health insuring corporation as a condition of receiving the	61024
department's recognition.	61025

(2) Any of the following entities may receive the	61026
department's recognition, if the standards for recognition have	61027
been met:	61028

(a) A children's care network;

61029

(b) A children's care network that may include one or more	61030
other entities, including, but not limited to, health insuring	61031
corporations or other managed care organizations;	61032

61033

(D) The department shall consult with all of the following in	61034
adopting rules under division (E) of this section necessary for an	61035
entity to be recognized by the department as a pediatric	61036
accountable care organization:	61037

(1) The superintendent of insurance;

61038

(2) Children's hospitals;

61039

(3) Managed care organizations under contract pursuant to	61040
section 5111.17 of the Revised Code;	61041

(4) Any other relevant entities, as determined necessary by	61042
the department, with interests in pediatric accountable care	61043
organizations.	61044

(E) The department shall adopt rules in accordance with	61045
Chapter 119. of the Revised Code as necessary to implement this	61046
section. In adopting the rules, the department shall do all of the	61047
following:	61048

(1) Establish application procedures to be followed by an	61049
entity seeking recognition as a pediatric accountable care	61050
organization;	61051

(2) Ensure that the standards for recognition as a pediatric	61052
accountable care organization are the same as and do not conflict	61053
with those specified in sections 2706 and 3022 of the "Patient	61054
Protection and Affordable Care Act," 124 Stat. 325 (2010) and	61055
Title XVIII of the "Social Security Act," 124 Stat. 395 (2010), 42	61056
U.S.C. 1395jjj or the regulations adopted pursuant to those	61057
sections;	61058

(3) Establish requirements regarding the access to pediatric	61059
specialty care provided through or by a pediatric accountable care	61060
organization;	61061

(4) Establish accountability and financial requirements for	61062
an entity recognized as a pediatric accountable care organization;	61063

(5) Establish quality improvement initiatives consistent with	61064
any state medicaid quality plan established by the department;	61065

(6) Establish transparency and consumer protection	61066
requirements for an entity recognized as a pediatric accountable	61067
care organization;	61068

(7) Establish a process for sharing data.

61069

(F) This section does not limit the authority of the	61070
department of insurance to regulate the business of insurance in	61071
this state.	61072

Sec. 5111.171. ~~(A)~~ The department of job and family services	61073
may provide financial incentive awards to managed care	61074
organizations under contract with the department pursuant to	61075
section 5111.17 of the Revised Code that meet or exceed	61076
performance standards specified in provider agreements or rules	61077
adopted by the department. The department may specify in a	61078
contract with a managed care organization the amounts of financial	61079
incentive awards, methodology for distributing awards, types of	61080
awards, and standards for administration by the department.	61081

~~(B) There is hereby created in the state treasury the health~~	61082
~~care compliance fund. The fund shall consist of all fines imposed~~	61083
~~on and collected from managed care organizations for failure to~~	61084
~~meet performance standards or other requirements specified in~~	61085
~~provider agreements or rules adopted by the department. All~~	61086
~~investment earnings of the fund shall be credited to the fund.~~	61087
~~Moneys credited to the fund shall be used solely for the following~~	61088
~~purposes:~~	61089

~~(1) To reimburse managed care organizations that have paid~~	61090
~~fines for failures to meet performance standards or other~~	61091
~~requirements and that have come into compliance by meeting~~	61092
~~requirements as specified by the department;~~	61093

~~(2) To provide financial incentive awards established~~	61094
~~pursuant to division (A) of this section and specified in~~	61095
~~contracts between managed care organizations and the department.~~	61096

Sec. 5111.20. As used in sections 5111.20 to 5111.331 of the	61097
Revised Code:	61098

(A) "Allowable costs" are those costs determined by the	61099
department of job and family services to be reasonable and do not	61100
include fines paid under sections 5111.35 to 5111.61 and section	61101
5111.99 of the Revised Code.	61102

(B) "Ancillary and support costs" means all reasonable costs	61103
incurred by a nursing facility other than direct care costs, tax	61104
costs, or capital costs. "Ancillary and support costs" includes,	61105
but is not limited to, costs of activities, social services,	61106
pharmacy consultants, habilitation supervisors, qualified mental	61107
retardation professionals, program directors, medical and	61108
habilitation records, program supplies, incontinence supplies,	61109
food, enterals, dietary supplies and personnel, laundry,	61110
housekeeping, security, administration, medical equipment,	61111
utilities, liability insurance, bookkeeping, purchasing	61112
department, human resources, communications, travel, dues, license	61113
fees, subscriptions, home office costs not otherwise allocated,	61114
legal services, accounting services, minor equipment, ~~wheelchairs,~~	61115
~~resident transportation,~~ maintenance and repairs, help-wanted	61116
advertising, informational advertising, start-up costs,	61117
organizational expenses, other interest, property insurance,	61118
employee training and staff development, employee benefits,	61119
payroll taxes, and workers' compensation premiums or costs for	61120
self-insurance claims and related costs as specified in rules	61121
adopted by the director of job and family services under section	61122
5111.02 of the Revised Code, for personnel listed in this	61123
division. "Ancillary and support costs" also means the cost of	61124
equipment, including vehicles, acquired by operating lease	61125
executed before December 1, 1992, if the costs are reported as	61126
administrative and general costs on the facility's cost report for	61127
the cost reporting period ending December 31, 1992.	61128

(C) "Capital costs" means costs of ownership and, in the case	61129
of an intermediate care facility for the mentally retarded, costs	61130
of nonextensive renovation.	61131

(1) "Cost of ownership" means the actual expense incurred for	61132
all of the following:	61133

(a) Depreciation and interest on any capital assets that cost	61134
five hundred dollars or more per item, including the following:	61135

(i) Buildings;

61136

(ii) Building improvements that are not approved as	61137
nonextensive renovations under section 5111.251 of the Revised	61138
Code;	61139

(iii) Except as provided in division (B) of this section,	61140
equipment;	61141

(iv) In the case of an intermediate care facility for the	61142
mentally retarded, extensive renovations;	61143

(v) Transportation equipment.

61144

(b) Amortization and interest on land improvements and	61145
leasehold improvements;	61146

61147

(d) Except as provided in division (K) of this section, lease	61148
and rent of land, building, and equipment.	61149

The costs of capital assets of less than five hundred dollars	61150
per item may be considered capital costs in accordance with a	61151
provider's practice.	61152

(2) "Costs of nonextensive renovation" means the actual	61153
expense incurred by an intermediate care facility for the mentally	61154
retarded for depreciation or amortization and interest on	61155
renovations that are not extensive renovations.	61156

(D) "Capital lease" and "operating lease" shall be construed	61157
in accordance with generally accepted accounting principles.	61158

(E) "Case-mix score" means the measure determined under	61159
section 5111.232 of the Revised Code of the relative direct-care	61160
resources needed to provide care and habilitation to a resident of	61161
a nursing facility or intermediate care facility for the mentally	61162
retarded.	61163

(F)(1) "Date of licensure," for a facility originally	61164
licensed as a nursing home under Chapter 3721. of the Revised	61165
Code, means the date specific beds were originally licensed as	61166
nursing home beds under that chapter, regardless of whether they	61167
were subsequently licensed as residential facility beds under	61168
section 5123.19 of the Revised Code. For a facility originally	61169
licensed as a residential facility under section 5123.19 of the	61170
Revised Code, "date of licensure" means the date specific beds	61171
were originally licensed as residential facility beds under that	61172
section.	61173

If nursing home beds licensed under Chapter 3721. of the	61174
Revised Code or residential facility beds licensed under section	61175
5123.19 of the Revised Code were not required by law to be	61176
licensed when they were originally used to provide nursing home or	61177
residential facility services, "date of licensure" means the date	61178
the beds first were used to provide nursing home or residential	61179
facility services, regardless of the date the present provider	61180
obtained licensure.	61181

If a facility adds nursing home beds or residential facility	61182
beds or extensively renovates all or part of the facility after	61183
its original date of licensure, it will have a different date of	61184
licensure for the additional beds or extensively renovated portion	61185
of the facility, unless the beds are added in a space that was	61186
constructed at the same time as the previously licensed beds but	61187
was not licensed under Chapter 3721. or section 5123.19 of the	61188
Revised Code at that time.	61189

(2) The definition of "date of licensure" in this section	61190
applies in determinations of the medicaid reimbursement rate for a	61191
nursing facility or intermediate care facility for the mentally	61192
retarded but does not apply in determinations of the franchise	61193
permit fee for a nursing facility or intermediate care facility	61194
for the mentally retarded.	61195

(G) "Desk-reviewed" means that costs as reported on a cost	61196
report submitted under section 5111.26 of the Revised Code have	61197
been subjected to a desk review under division (A) of section	61198
5111.27 of the Revised Code and preliminarily determined to be	61199
allowable costs.	61200

(H) "Direct care costs" means all of the following:

61201

(1)(a) Costs for registered nurses, licensed practical	61202
nurses, and nurse aides employed by the facility;	61203

(b) Costs for direct care staff, administrative nursing	61204
staff, medical directors, respiratory therapists, and except as	61205
provided in division (H)(2) of this section, other persons holding	61206
degrees qualifying them to provide therapy;	61207

61208

(d) Costs of quality assurance;

61209

(e) Costs of training and staff development, employee	61210
benefits, payroll taxes, and workers' compensation premiums or	61211
costs for self-insurance claims and related costs as specified in	61212
rules adopted by the director of job and family services in	61213
accordance with Chapter 119. of the Revised Code, for personnel	61214
listed in divisions (H)(1)(a), (b), and (d) of this section;	61215

(f) Costs of consulting and management fees related to direct	61216
care;	61217

(g) Allocated direct care home office costs.

61218

(2) In addition to the costs specified in division (H)(1) of	61219
this section, for nursing facilities only, direct care costs	61220
include costs of habilitation staff (other than habilitation	61221
supervisors), medical supplies, oxygen, over-the-counter pharmacy	61222
products, behavioral and mental health services, physical	61223
therapists, physical therapy assistants, occupational therapists,	61224
occupational therapy assistants, speech therapists, audiologists,	61225
habilitation supplies, wheelchairs, resident transportation, and	61226
universal precautions supplies.	61227

(3) In addition to the costs specified in division (H)(1) of	61228
this section, for intermediate care facilities for the mentally	61229
retarded only, direct care costs include both of the following:	61230

(a) Costs for physical therapists and physical therapy	61231
assistants, occupational therapists and occupational therapy	61232
assistants, speech therapists, audiologists, habilitation staff	61233
(including habilitation supervisors), qualified mental retardation	61234
professionals, program directors, social services staff,	61235
activities staff, off-site day programming, psychologists and	61236
psychology assistants, and social workers and counselors;	61237

(b) Costs of training and staff development, employee	61238
benefits, payroll taxes, and workers' compensation premiums or	61239
costs for self-insurance claims and related costs as specified in	61240
rules adopted under section 5111.02 of the Revised Code, for	61241
personnel listed in division (H)(3)(a) of this section.	61242

(4) Costs of other direct-care resources that are specified	61243
as direct care costs in rules adopted under section 5111.02 of the	61244
Revised Code.	61245

(I) "Fiscal year" means the fiscal year of this state, as	61246
specified in section 9.34 of the Revised Code.	61247

(J) "Franchise permit fee" means the following:

61248

(1) In the context of nursing facilities, the fee imposed by	61249
sections 3721.50 to 3721.58 of the Revised Code;	61250

(2) In the context of intermediate care facilities for the	61251
mentally retarded, the fee imposed by sections 5112.30 to 5112.39	61252
of the Revised Code.	61253

(K) "Indirect care costs" means all reasonable costs incurred	61254
by an intermediate care facility for the mentally retarded other	61255
than direct care costs, other protected costs, or capital costs.	61256
"Indirect care costs" includes but is not limited to costs of	61257
habilitation supplies, pharmacy consultants, medical and	61258
habilitation records, program supplies, incontinence supplies,	61259
food, enterals, dietary supplies and personnel, laundry,	61260
housekeeping, security, administration, liability insurance,	61261
bookkeeping, purchasing department, human resources,	61262
communications, travel, dues, license fees, subscriptions, home	61263
office costs not otherwise allocated, legal services, accounting	61264
services, minor equipment, maintenance and repairs, help-wanted	61265
advertising, informational advertising, start-up costs,	61266
organizational expenses, other interest, property insurance,	61267
employee training and staff development, employee benefits,	61268
payroll taxes, and workers' compensation premiums or costs for	61269
self-insurance claims and related costs as specified in rules	61270
adopted under section 5111.02 of the Revised Code, for personnel	61271
listed in this division. Notwithstanding division (C)(1) of this	61272
section, "indirect care costs" also means the cost of equipment,	61273
including vehicles, acquired by operating lease executed before	61274
December 1, 1992, if the costs are reported as administrative and	61275
general costs on the facility's cost report for the cost reporting	61276
period ending December 31, 1992.	61277

(L) "Inpatient days" means ~~all~~the following:

61278

(1) In the context of a nursing facility, both of the	61279
following:	61280

(a) All days during which a resident, regardless of payment	61281
source, occupies a bed in a nursing facility ~~or intermediate care~~	61282
~~facility for the mentally retarded~~ that is included in the	61283
nursing facility's certified capacity under Title XIX~~. Therapeutic~~	61284
~~or hospital leave~~;	61285

(b) Fifty per cent of the days for which payment is made	61286
under section ~~5111.33 or~~ 5111.331 of the Revised Code ~~are~~	61287
~~considered inpatient days proportionate to the percentage of the~~	61288
~~facility's per resident per day rate paid for those days~~.	61289

(2) In the context of an intermediate care facility for the	61290
mentally retarded, both of the following:	61291

(a) All days during which a resident, regardless of payment	61292
source, occupies a bed in an intermediate care facility for the	61293
mentally retarded that is included in the facility's certified	61294
capacity under Title XIX;	61295

(b) All days for which payment is made under section 5111.33	61296
of the Revised Code.	61297

(M) "Intermediate care facility for the mentally retarded"	61298
means an intermediate care facility for the mentally retarded	61299
certified as in compliance with applicable standards for the	61300
medicaid program by the director of health in accordance with	61301
Title XIX.	61302

(N) "Maintenance and repair expenses" means, except as	61303
provided in division (BB)(2) of this section, expenditures that	61304
are necessary and proper to maintain an asset in a normally	61305
efficient working condition and that do not extend the useful life	61306
of the asset two years or more. "Maintenance and repair expenses"	61307
includes but is not limited to the cost of ordinary repairs such	61308
as painting and wallpapering.	61309

(O) "Medicaid days" means ~~all~~the following:

61310

(1) In the context of a nursing facility, both of the	61311
following:	61312

(a) All days during which a resident who is a medicaid	61313
recipient eligible for nursing facility services occupies a bed in	61314
a nursing facility that is included in the nursing facility's	61315
certified capacity under Title XIX~~. Therapeutic or hospital leave~~;	61316

(b) Fifty per cent of the days for which payment is made	61317
under section ~~5111.33 or~~ 5111.331 of the Revised Code ~~are~~	61318
~~considered medicaid days proportionate to the percentage of the~~	61319
~~nursing facility's per resident per day rate paid for those days~~.	61320

(2) In the context of an intermediate care facility for the	61321
mentally retarded, both of the following:	61322

(a) All days during which a resident who is a medicaid	61323
recipient eligible for intermediate care facility for the mentally	61324
retarded services occupies a bed in an intermediate care facility	61325
for the mentally retarded that is included in the facility's	61326
certified capacity under Title XIX;	61327

(b) All days for which payment is made under section 5111.33	61328
of the Revised Code.	61329

(P) "Nursing facility" means a facility, or a distinct part	61330
of a facility, that is certified as a nursing facility by the	61331
director of health in accordance with Title XIX and is not an	61332
intermediate care facility for the mentally retarded. "Nursing	61333
facility" includes a facility, or a distinct part of a facility,	61334
that is certified as a nursing facility by the director of health	61335
in accordance with Title XIX and is certified as a skilled nursing	61336
facility by the director in accordance with Title XVIII.	61337

(Q) "Operator" means the person or government entity	61338
responsible for the daily operating and management decisions for a	61339
nursing facility or intermediate care facility for the mentally	61340
retarded.	61341

(R) "Other protected costs" means costs incurred by an	61342
intermediate care facility for the mentally retarded for medical	61343
supplies; real estate, franchise, and property taxes; natural gas,	61344
fuel oil, water, electricity, sewage, and refuse and hazardous	61345
medical waste collection; allocated other protected home office	61346
costs; and any additional costs defined as other protected costs	61347
in rules adopted under section 5111.02 of the Revised Code.	61348

(S)(1) "Owner" means any person or government entity that has	61349
at least five per cent ownership or interest, either directly,	61350
indirectly, or in any combination, in any of the following	61351
regarding a nursing facility or intermediate care facility for the	61352
mentally retarded:	61353

(a) The land on which the facility is located;

61354

(b) The structure in which the facility is located;

61355

(c) Any mortgage, contract for deed, or other obligation	61356
secured in whole or in part by the land or structure on or in	61357
which the facility is located;	61358

(d) Any lease or sublease of the land or structure on or in	61359
which the facility is located.	61360

(2) "Owner" does not mean a holder of a debenture or bond	61361
related to the nursing facility or intermediate care facility for	61362
the mentally retarded and purchased at public issue or a regulated	61363
lender that has made a loan related to the facility unless the	61364
holder or lender operates the facility directly or through a	61365
subsidiary.	61366

(T) "Patient" includes "resident."

61367

(U) Except as provided in divisions (U)(1) and (2) of this	61368
section, "per diem" means a nursing facility's or intermediate	61369
care facility for the mentally retarded's actual, allowable costs	61370
in a given cost center in a cost reporting period, divided by the	61371
facility's inpatient days for that cost reporting period.	61372

(1) When calculating indirect care costs for the purpose of	61373
establishing rates under section 5111.241 of the Revised Code,	61374
"per diem" means an intermediate care facility for the mentally	61375
retarded's actual, allowable indirect care costs in a cost	61376
reporting period divided by the greater of the facility's	61377
inpatient days for that period or the number of inpatient days the	61378
facility would have had during that period if its occupancy rate	61379
had been eighty-five per cent.	61380

(2) When calculating capital costs for the purpose of	61381
establishing rates under section 5111.251 of the Revised Code,	61382
"per diem" means a facility's actual, allowable capital costs in a	61383
cost reporting period divided by the greater of the facility's	61384
inpatient days for that period or the number of inpatient days the	61385
facility would have had during that period if its occupancy rate	61386
had been ninety-five per cent.	61387

(V) "Provider" means an operator with a provider agreement.

61388

(W) "Provider agreement" means a contract between the	61389
department of job and family services and the operator of a	61390
nursing facility or intermediate care facility for the mentally	61391
retarded for the provision of nursing facility services or	61392
intermediate care facility services for the mentally retarded	61393
under the medicaid program.	61394

(X) "Purchased nursing services" means services that are	61395
provided in a nursing facility by registered nurses, licensed	61396
practical nurses, or nurse aides who are not employees of the	61397
facility.	61398

(Y) "Reasonable" means that a cost is an actual cost that is	61399
appropriate and helpful to develop and maintain the operation of	61400
patient care facilities and activities, including normal standby	61401
costs, and that does not exceed what a prudent buyer pays for a	61402
given item or services. Reasonable costs may vary from provider to	61403
provider and from time to time for the same provider.	61404

(Z) "Related party" means an individual or organization that,	61405
to a significant extent, has common ownership with, is associated	61406
or affiliated with, has control of, or is controlled by, the	61407
provider.	61408

(1) An individual who is a relative of an owner is a related	61409
party.	61410

(2) Common ownership exists when an individual or individuals	61411
possess significant ownership or equity in both the provider and	61412
the other organization. Significant ownership or equity exists	61413
when an individual or individuals possess five per cent ownership	61414
or equity in both the provider and a supplier. Significant	61415
ownership or equity is presumed to exist when an individual or	61416
individuals possess ten per cent ownership or equity in both the	61417
provider and another organization from which the provider	61418
purchases or leases real property.	61419

(3) Control exists when an individual or organization has the	61420
power, directly or indirectly, to significantly influence or	61421
direct the actions or policies of an organization.	61422

(4) An individual or organization that supplies goods or	61423
services to a provider shall not be considered a related party if	61424
all of the following conditions are met:	61425

(a) The supplier is a separate bona fide organization.

61426

(b) A substantial part of the supplier's business activity of	61427
the type carried on with the provider is transacted with others	61428
than the provider and there is an open, competitive market for the	61429
types of goods or services the supplier furnishes.	61430

(c) The types of goods or services are commonly obtained by	61431
other nursing facilities or intermediate care facilities for the	61432
mentally retarded from outside organizations and are not a basic	61433
element of patient care ordinarily furnished directly to patients	61434
by the facilities.	61435

(d) The charge to the provider is in line with the charge for	61436
the goods or services in the open market and no more than the	61437
charge made under comparable circumstances to others by the	61438
supplier.	61439

(AA) "Relative of owner" means an individual who is related	61440
to an owner of a nursing facility or intermediate care facility	61441
for the mentally retarded by one of the following relationships:	61442

(1) Spouse;

61443

(2) Natural parent, child, or sibling;

61444

(3) Adopted parent, child, or sibling;

61445

(4) Stepparent, stepchild, stepbrother, or stepsister;

61446

(5) Father-in-law, mother-in-law, son-in-law,	61447
daughter-in-law, brother-in-law, or sister-in-law;	61448

(6) Grandparent or grandchild;

61449

(7) Foster caregiver, foster child, foster brother, or foster	61450
sister.	61451

(BB) "Renovation" and "extensive renovation" mean:

61452

(1) Any betterment, improvement, or restoration of an	61453
intermediate care facility for the mentally retarded started	61454
before July 1, 1993, that meets the definition of a renovation or	61455
extensive renovation established in rules adopted by the director	61456
of job and family services in effect on December 22, 1992.	61457

(2) In the case of betterments, improvements, and	61458
restorations of intermediate care facilities for the mentally	61459
retarded started on or after July 1, 1993:	61460

(a) "Renovation" means the betterment, improvement, or	61461
restoration of an intermediate care facility for the mentally	61462
retarded beyond its current functional capacity through a	61463
structural change that costs at least five hundred dollars per	61464
bed. A renovation may include betterment, improvement,	61465
restoration, or replacement of assets that are affixed to the	61466
building and have a useful life of at least five years. A	61467
renovation may include costs that otherwise would be considered	61468
maintenance and repair expenses if they are an integral part of	61469
the structural change that makes up the renovation project.	61470
"Renovation" does not mean construction of additional space for	61471
beds that will be added to a facility's licensed or certified	61472
capacity.	61473

(b) "Extensive renovation" means a renovation that costs more	61474
than sixty-five per cent and no more than eighty-five per cent of	61475
the cost of constructing a new bed and that extends the useful	61476
life of the assets for at least ten years.	61477

For the purposes of division (BB)(2) of this section, the	61478
cost of constructing a new bed shall be considered to be forty	61479
thousand dollars, adjusted for the estimated rate of inflation	61480
from January 1, 1993, to the end of the calendar year during which	61481
the renovation is completed, using the consumer price index for	61482
shelter costs for all urban consumers for the north central	61483
region, as published by the United States bureau of labor	61484
statistics.	61485

The department of job and family services may treat a	61486
renovation that costs more than eighty-five per cent of the cost	61487
of constructing new beds as an extensive renovation if the	61488
department determines that the renovation is more prudent than	61489
construction of new beds.	61490

(CC) "Tax costs" means the costs of taxes imposed under	61491
Chapter 5751. of the Revised Code, real estate taxes, personal	61492
property taxes, and corporate franchise taxes.	61493

(DD) "Title XIX" means Title XIX of the "Social Security	61494
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	61495

~~(DD)~~(EE) "Title XVIII" means Title XVIII of the "Social	61496
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	61497

Sec. 5111.222. (A) Except as otherwise provided by sections	61498
5111.20 to 5111.331 of the Revised Code and by division (B) of	61499
this section, the total rate that the department of job and family	61500
services shall agree to pay for a fiscal year to the provider of a	61501
nursing facility pursuant to a provider agreement shall equal the	61502
sum of all of the following:	61503

(1) The rate for direct care costs determined for the nursing	61504
facility under section 5111.231 of the Revised Code;	61505

(2) The rate for ancillary and support costs determined for	61506
the nursing facility's ancillary and support cost peer group under	61507
section 5111.24 of the Revised Code;	61508

(3) The rate for tax costs determined for the nursing	61509
facility under section 5111.242 of the Revised Code;	61510

(4) The quality incentive payment paid to the nursing	61511
facility under section 5111.244 of the Revised Code;	61512

(5) If the nursing facility qualifies as a critical access	61513
nursing facility, the critical access incentive payment paid to	61514
the nursing facility under section 5111.246 of the Revised Code;	61515

(6) The rate for capital costs determined for the nursing	61516
facility's capital costs peer group under section 5111.25 of the	61517
Revised Code.	61518

(B) The department shall adjust the rates otherwise	61519
determined under division (A) of this section as directed by the	61520
general assembly through the enactment of law governing medicaid	61521
payments to providers of nursing facilities, including any law	61522
that establishes factors by which the rates are to be adjusted.	61523

(C) In addition to paying a nursing facility provider the	61524
total rate determined for the nursing facility under division (A)	61525
of this section for a fiscal year, the department shall pay the	61526
provider a quality bonus under section 5111.245 of the Revised	61527
Code for that fiscal year if the provider's nursing facility is a	61528
qualifying nursing facility, as defined in that section, for that	61529
fiscal year. The quality bonus shall not be part of the total	61530
rate.	61531

Sec. 5111.23. (A) The department of job and family services	61532
shall pay a provider for each of the provider's eligible	61533
intermediate care facilities for the mentally retarded a per	61534
resident per day rate for direct care costs established	61535
prospectively for each facility. The department shall establish	61536
each facility's rate for direct care costs quarterly.	61537

(B) Each facility's rate for direct care costs shall be based	61538
on the facility's cost per case-mix unit, subject to the maximum	61539
costs per case-mix unit established under division (B)(2) of this	61540
section, from the calendar year preceding the fiscal year in which	61541
the rate is paid. To determine the rate, the department shall do	61542
all of the following:	61543

(1) Determine each facility's cost per case-mix unit for the	61544
calendar year preceding the fiscal year in which the rate will be	61545
paid by dividing the facility's desk-reviewed, actual, allowable,	61546
per diem direct care costs for that year by its average case-mix	61547
score determined under section 5111.232 of the Revised Code for	61548
the same calendar year.	61549

(2)(a) Set the maximum cost per case-mix unit for each peer	61550
group of intermediate care facilities for the mentally retarded	61551
with more than eight beds specified in rules adopted under	61552
division (F) of this section at a percentage above the cost per	61553
case-mix unit of the facility in the group that has the group's	61554
median medicaid ~~inpatient~~ day for the calendar year preceding the	61555
fiscal year in which the rate will be paid, as calculated under	61556
division (B)(1) of this section, that is no less than the	61557
percentage calculated under division (E)(2) of this section.	61558

(b) Set the maximum cost per case-mix unit for each peer	61559
group of intermediate care facilities for the mentally retarded	61560
with eight or fewer beds specified in rules adopted under division	61561
(F) of this section at a percentage above the cost per case-mix	61562
unit of the facility in the group that has the group's median	61563
medicaid ~~inpatient~~ day for the calendar year preceding the fiscal	61564
year in which the rate will be paid, as calculated under division	61565
(B)(1) of this section, that is no less than the percentage	61566
calculated under division (E)(3) of this section.	61567

(c) In calculating the maximum cost per case-mix unit under	61568
divisions (B)(2)(a) and (b) of this section for each peer group,	61569
the department shall exclude from its calculations the cost per	61570
case-mix unit of any facility in the group that participated in	61571
the medicaid program under the same operator for less than twelve	61572
months during the calendar year preceding the fiscal year in which	61573
the rate will be paid.	61574

(3) Estimate the rate of inflation for the eighteen-month	61575
period beginning on the first day of July of the calendar year	61576
preceding the fiscal year in which the rate will be paid and	61577
ending on the thirty-first day of December of the fiscal year in	61578
which the rate will be paid, using the index specified in division	61579
(C) of this section. If the estimated inflation rate for the	61580
eighteen-month period is different from the actual inflation rate	61581
for that period, as measured using the same index, the difference	61582
shall be added to or subtracted from the inflation rate estimated	61583
under division (B)(3) of this section for the following fiscal	61584
year.	61585

(4) The department shall not recalculate a maximum cost per	61586
case-mix unit under division (B)(2) of this section or a	61587
percentage under division (E) of this section based on additional	61588
information that it receives after the maximum costs per case-mix	61589
unit or percentages are set. The department shall recalculate a	61590
maximum cost per case-mix units or percentage only if it made an	61591
error in computing the maximum cost per case-mix unit or	61592
percentage based on information available at the time of the	61593
original calculation.	61594

(C) The department shall use the following index for the	61595
purpose of division (B)(3) of this section:	61596

(1) The employment cost index for total compensation, health	61597
services component, published by the United States bureau of labor	61598
statistics;	61599

(2) If the United States bureau of labor statistics ceases to	61600
publish the index specified in division (C)(1) of this section,	61601
the index that is subsequently published by the bureau and covers	61602
nursing facilities' staff costs.	61603

(D) Each facility's rate for direct care costs shall be	61604
determined as follows for each calendar quarter within a fiscal	61605
year:	61606

(1) Multiply the lesser of the following by the facility's	61607
average case-mix score determined under section 5111.232 of the	61608
Revised Code for the calendar quarter that preceded the	61609
immediately preceding calendar quarter:	61610

(a) The facility's cost per case-mix unit for the calendar	61611
year preceding the fiscal year in which the rate will be paid, as	61612
determined under division (B)(1) of this section;	61613

(b) The maximum cost per case-mix unit established for the	61614
fiscal year in which the rate will be paid for the facility's peer	61615
group under division (B)(2) of this section;	61616

(2) Adjust the product determined under division (D)(1) of	61617
this section by the inflation rate estimated under division (B)(3)	61618
of this section.	61619

(E)(1) The department shall calculate the percentage above	61620
the median cost per case-mix unit determined under division (B)(1)	61621
of this section for the facility that has the median medicaid	61622
~~inpatient~~ day for calendar year 1992 for all intermediate care	61623
facilities for the mentally retarded with more than eight beds	61624
that would result in payment of all desk-reviewed, actual,	61625
allowable direct care costs for eighty and one-half per cent of	61626
the medicaid ~~inpatient~~ days for such facilities for calendar year	61627
1992.	61628

(2) The department shall calculate the percentage above the	61629
median cost per case-mix unit determined under division (B)(1) of	61630
this section for the facility that has the median medicaid	61631
~~inpatient~~ day for calendar year 1992 for all intermediate care	61632
facilities for the mentally retarded with eight or fewer beds that	61633
would result in payment of all desk-reviewed, actual, allowable	61634
direct care costs for eighty and one-half per cent of the medicaid	61635
~~inpatient~~ days for such facilities for calendar year 1992.	61636

(F) The director of job and family services shall adopt rules	61637
under section 5111.02 of the Revised Code that specify peer groups	61638
of intermediate care facilities for the mentally retarded with	61639
more than eight beds and intermediate care facilities for the	61640
mentally retarded with eight or fewer beds, based on findings of	61641
significant per diem direct care cost differences due to geography	61642
and facility bed-size. The rules also may specify peer groups	61643
based on findings of significant per diem direct care cost	61644
differences due to other factors which may include case-mix.	61645

(G) The department, in accordance with division (D) of	61646
section 5111.232 of the Revised Code and rules adopted under	61647
division (F) of that section, may assign case-mix scores or costs	61648
per case-mix unit if a provider fails to submit assessment data	61649
necessary to calculate an intermediate care facility for the	61650
mentally retarded's case-mix score in accordance with that	61651
section.	61652

Sec. 5111.242. (A) As used in this section:

61653

~~(1) "Applicable~~, "applicable calendar year" means the	61654
following:	61655

~~(a)~~(1) For the purpose of the department of job and family	61656
services' initial determination under this section of nursing	61657
facilities' rate for tax costs, calendar year 2003;	61658

~~(b)~~(2) For the purpose of the department's subsequent	61659
determinations under division (C) of this section of nursing	61660
facilities' rate for tax costs, the calendar year the department	61661
selects.	61662

~~(2) "Tax costs" means the costs of taxes imposed under~~	61663
~~Chapter 5751. of the Revised Code, real estate taxes, personal~~	61664
~~property taxes, and corporate franchise taxes.~~	61665

(B) The department of job and family services shall pay a	61666
provider for each of the provider's eligible nursing facilities a	61667
per resident per day rate for tax costs determined under division	61668
(C) of this section.	61669

(C) At least once every ten years, the department shall	61670
determine the rate for tax costs for each nursing facility. The	61671
rate for tax costs determined under this division for a nursing	61672
facility shall be used for subsequent years until the department	61673
redetermines it. To determine a nursing facility's rate for tax	61674
costs and except as provided in division (D) of this section, the	61675
department shall divide the nursing facility's desk-reviewed,	61676
actual, allowable tax costs paid for the applicable calendar year	61677
by the number of inpatient days the nursing facility would have	61678
had if its occupancy rate had been one hundred per cent during the	61679
applicable calendar year.	61680

(D) If a nursing facility had a credit regarding its real	61681
estate taxes reflected on its cost report for calendar year 2003,	61682
the department shall determine its rate for tax costs for the	61683
period beginning on July 1, 2010, and ending on the first day of	61684
the fiscal year for which the department first redetermines all	61685
nursing facilities' rate for tax costs under division (C) of this	61686
section by dividing the nursing facility's desk-reviewed, actual,	61687
allowable tax costs paid for calendar year 2004 by the number of	61688
inpatient days the nursing facility would have had if its	61689
occupancy rate had been one hundred per cent during calendar year	61690
2004.	61691

Sec. 5111.246. (A) Each fiscal year, the department of job	61692
and family services shall pay a critical access incentive payment	61693
to the provider of each nursing facility that qualifies as a	61694
critical access nursing facility. To qualify as a critical access	61695
nursing facility for a fiscal year, a nursing facility must meet	61696
all of the following requirements:	61697

(1) The nursing facility must be located in an area that, on	61698
December 31, 2011, was designated an empowerment zone under	61699
section 1391 of the "Internal Revenue Code of 1986," 107 Stat.	61700
543, 26 U.S.C. 1391, as amended.	61701

(2) The nursing facility must have an occupancy rate of at	61702
least eighty-five per cent as of the last day of the calendar year	61703
preceding the fiscal year.	61704

(3) The nursing facility must have a medicaid utilization	61705
rate of at least sixty-five per cent as of the last day of the	61706
calendar year preceding the fiscal year.	61707

(B) A critical access nursing facility's critical access	61708
incentive payment for a fiscal year shall equal five per cent of	61709
the portion of the nursing facility's total rate for the fiscal	61710
year that is the sum of the rates and payment identified in	61711
divisions (A)(1) to (4) and (6) of section 5111.222 of the Revised	61712
Code.	61713

Sec. 5111.254. (A) The department of job and family services	61714
shall establish initial rates for a nursing facility with a first	61715
date of licensure that is on or after July 1, 2006, including a	61716
facility that replaces one or more existing facilities, or for a	61717
nursing facility with a first date of licensure before that date	61718
that was initially certified for the medicaid program on or after	61719
that date, in the following manner:	61720

(1) The rate for direct care costs shall be the product of	61721
the cost per case-mix unit determined under division (D) of	61722
section 5111.231 of the Revised Code for the facility's peer group	61723
and the nursing facility's case-mix score. For the purpose of	61724
division (A)(1) of this section, the nursing facility's case-mix	61725
score shall be the following:	61726

(a) Unless the nursing facility replaces an existing nursing	61727
facility that participated in the medicaid program immediately	61728
before the replacement nursing facility begins participating in	61729
the medicaid program, the median annual average case-mix score for	61730
the nursing facility's peer group;	61731

(b) If the nursing facility replaces an existing nursing	61732
facility that participated in the medicaid program immediately	61733
before the replacement nursing facility begins participating in	61734
the medicaid program, the semiannual case-mix score most recently	61735
determined under section 5111.232 of the Revised Code for the	61736
replaced nursing facility as adjusted, if necessary, to reflect	61737
any difference in the number of beds in the replaced and	61738
replacement nursing facilities.	61739

(2) The rate for ancillary and support costs shall be the	61740
rate for the facility's peer group determined under division (D)	61741
of section 5111.24 of the Revised Code.	61742

(3) The rate for capital costs shall be the rate for the	61743
facility's peer group determined under division (D) of section	61744
5111.25 of the Revised Code.	61745

(4) The rate for tax costs ~~as defined in section 5111.242 of~~	61746
~~the Revised Code~~ shall be the median rate for tax costs for the	61747
facility's peer group in which the facility is placed under	61748
division (C) of section 5111.24 of the Revised Code.	61749

(5) The quality incentive payment shall be the mean payment	61750
made to nursing facilities under section 5111.244 of the Revised	61751
Code.	61752

(B) Subject to division (C) of this section, the department	61753
shall adjust the rates established under division (A) of this	61754
section effective the first day of July, to reflect new rate	61755
calculations for all nursing facilities under sections 5111.20 to	61756
5111.331 of the Revised Code.	61757

(C) If a rate for direct care costs is determined under this	61758
section for a nursing facility using the median annual average	61759
case-mix score for the nursing facility's peer group, the rate	61760
shall be redetermined to reflect the replacement nursing	61761
facility's actual semiannual case-mix score determined under	61762
section 5111.232 of the Revised Code after the nursing facility	61763
submits its first two quarterly assessment data that qualify for	61764
use in calculating a case-mix score in accordance with rules	61765
authorized by division (E) of section 5111.232 of the Revised	61766
Code. If the nursing facility's quarterly submissions do not	61767
qualify for use in calculating a case-mix score, the department	61768
shall continue to use the median annual average case-mix score for	61769
the nursing facility's peer group in lieu of the nursing	61770
facility's semiannual case-mix score until the nursing facility	61771
submits two consecutive quarterly assessment data that qualify for	61772
use in calculating a case-mix score.	61773

Sec. 5111.862. (A) As used in this section:

61774

"Hospital long-term care unit" has the same meaning as in	61775
section 3721.50 of the Revised Code.	61776

"Nursing facility" has the same meaning as in section 5111.20	61777
of the Revised Code.	61778

"Ohio home care program" means the medicaid waiver component	61779
created under section 5111.861 of the Revised Code.	61780

"Residential treatment facility" means a residential facility	61781
licensed by the department of mental health under section 5119.22	61782
of the Revised Code, or an institution certified by the department	61783
of job and family services under section 5103.03 of the Revised	61784
Code, that serves children and either has more than sixteen beds	61785
or is part of a campus of multiple facilities or institutions	61786
that, combined, have a total of more than sixteen beds.	61787

(B) Subject to division (C) of section 5111.861 of the	61788
Revised Code, the department of job and family services shall	61789
establish a home first component for the Ohio home care program.	61790
An individual is eligible for the Ohio home care program's home	61791
first component if the individual has been determined to be	61792
eligible for the Ohio home care program and at least one of the	61793
following applies:	61794

(1) If the individual is under twenty-one years of age, the	61795
individual received inpatient hospital services for at least	61796
fourteen consecutive days, or had at least three inpatient	61797
hospital stays during the twelve months, immediately preceding the	61798
date the individual applies for the Ohio home care program.	61799

(2) If the individual is at least twenty-one but less than	61800
sixty years of age, the individual received inpatient hospital	61801
services for at least fourteen consecutive days immediately	61802
preceding the date the individual applies for the Ohio home care	61803
program.	61804

(3) The individual received private duty nursing services	61805
under the medicaid program for at least twelve consecutive months	61806
immediately preceding the date the individual applies for the Ohio	61807
home care program.	61808

(4) The individual does not reside in a nursing facility or	61809
hospital long-term care unit at the time the individual applies	61810
for the Ohio home care program but is at risk of imminent	61811
admission to a nursing facility or hospital long-term care unit	61812
due to a documented loss of a primary caregiver.	61813

(5) The individual resides in a nursing facility at the time	61814
the individual applies for the Ohio home care program.	61815

(6) At the time the individual applies for the Ohio home care	61816
program, the individual participates in the money follows the	61817
person demonstration project authorized by section 6071 of the	61818
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	61819
and either resides in a residential treatment facility or	61820
inpatient hospital setting.	61821

(C) An individual determined to be eligible for the home	61822
first component of the Ohio home care program shall be enrolled in	61823
the Ohio home care program in accordance with rules adopted under	61824
section 5111.85 of the Revised Code.	61825

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710	61826
of the Revised Code:	61827

"Home and community-based services" has the same meaning as	61828
in section 5123.01 of the Revised Code.	61829

"ICF/MR services" means intermediate care facility for the	61830
mentally retarded services covered by the medicaid program that an	61831
intermediate care facility for the mentally retarded provides to a	61832
resident of the facility who is a medicaid recipient eligible for	61833
medicaid-covered intermediate care facility for the mentally	61834
retarded services.	61835

"Intermediate care facility for the mentally retarded" means	61836
an intermediate care facility for the mentally retarded that is	61837
certified as in compliance with applicable standards for the	61838
medicaid program by the director of health in accordance with	61839
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	61840
U.S.C. 1396, as amended, and licensed as a residential facility	61841
under section 5123.19 of the Revised Code.	61842

"Residential facility" has the same meaning as in section	61843
5123.19 of the Revised Code.	61844

(B) For the purpose of increasing the number of slots	61845
available for home and community-based services and subject to	61846
sections 5111.877 and 5111.878 of the Revised Code, the operator	61847
of an intermediate care facility for the mentally retarded may	61848
convert some or all of the beds in the facility from providing	61849
ICF/MR services to providing home and community-based services if	61850
all of the following requirements are met:	61851

(1) The operator provides the directors of health~~, job and~~	61852
~~family services,~~ and developmental disabilities at least ninety	61853
days' notice of the operator's intent to make the conversion.	61854

(2) The operator complies with the requirements of sections	61855
5111.65 to 5111.689 of the Revised Code regarding a voluntary	61856
termination as defined in section 5111.65 of the Revised Code if	61857
those requirements are applicable.	61858

(3) If the operator intends to convert all of the facility's	61859
beds, the operator notifies each of the facility's residents that	61860
the facility is to cease providing ICF/MR services and inform each	61861
resident that the resident may do either of the following:	61862

(a) Continue to receive ICF/MR services by transferring to	61863
another facility that is an intermediate care facility for the	61864
mentally retarded willing and able to accept the resident if the	61865
resident continues to qualify for ICF/MR services;	61866

(b) Begin to receive home and community-based services	61867
instead of ICF/MR services from any provider of home and	61868
community-based services that is willing and able to provide the	61869
services to the resident if the resident is eligible for the	61870
services and a slot for the services is available to the resident.	61871

(4) If the operator intends to convert some but not all of	61872
the facility's beds, the operator notifies each of the facility's	61873
residents that the facility is to convert some of its beds from	61874
providing ICF/MR services to providing home and community-based	61875
services and inform each resident that the resident may do either	61876
of the following:	61877

(a) Continue to receive ICF/MR services from any provider of	61878
ICF/MR services that is willing and able to provide the services	61879
to the resident if the resident continues to qualify for ICF/MR	61880
services;	61881

(b) Begin to receive home and community-based services	61882
instead of ICF/MR services from any provider of home and	61883
community-based services that is willing and able to provide the	61884
services to the resident if the resident is eligible for the	61885
services and a slot for the services is available to the resident.	61886

(5) The operator meets the requirements for providing home	61887
and community-based services, including the following:	61888

(a) Such requirements applicable to a residential facility if	61889
the operator maintains the facility's license as a residential	61890
facility;	61891

(b) Such requirements applicable to a facility that is not	61892
licensed as a residential facility if the operator surrenders the	61893
facility's license as a residential facility ~~license~~ under section	61894
5123.19 of the Revised Code.	61895

(6) The ~~directors~~director of developmental disabilities ~~and~~	61896
~~job and family services approve~~approves the conversion.	61897

(C) A decision by the ~~directors~~director of developmental	61898
disabilities to approve or refuse to approve a proposed conversion	61899
of beds is final. In making a decision, the ~~directors~~director	61900
shall consider all of the following:	61901

(1) The fiscal impact on the facility if some but not all of	61902
the beds are converted;	61903

(2) The fiscal impact on the medical assistance program;

61904

(3) The availability of home and community-based services.

61905

(D) The notice provided to the directors under division	61906
(B)(1) of this section shall specify whether some or all of the	61907
facility's beds are to be converted. If some but not all of the	61908
beds are to be converted, the notice shall specify how many of the	61909
facility's beds are to be converted and how many of the beds are	61910
to continue to provide ICF/MR services. The notice to the director	61911
of developmental disabilities shall specify whether the operator	61912
wishes to surrender the facility's license as a residential	61913
facility under section 5123.19 of the Revised Code.	61914

(E)(1) If the ~~directors~~director of developmental	61915
disabilities ~~and job and family services approve~~approves a	61916
conversion under division (C) of this section, the director of	61917
health shall do the following:	61918

(a) Terminate the certification of the intermediate care	61919
facility for the mentally retarded if the notice specifies that	61920
all of the facility's beds are to be converted;	61921

(b) Reduce the facility's certified capacity by the number of	61922
beds being converted if the notice specifies that some but not all	61923
of the beds are to be converted.	61924

(2) The director of health shall notify the director of job	61925
and family services of the termination or reduction. On receipt of	61926
the director of health's notice, the director of job and family	61927
services shall do the following:	61928

(a) Terminate the operator's medicaid provider agreement that	61929
authorizes the operator to provide ICF/MR services at the facility	61930
if the facility's certification was terminated;	61931

(b) Amend the operator's medicaid provider agreement to	61932
reflect the facility's reduced certified capacity if the	61933
facility's certified capacity is reduced.	61934

(3) In the case of action taken under division (E)(2)(a) of	61935
this section, the operator is not entitled to notice or a hearing	61936
under Chapter 119. of the Revised Code before the director of job	61937
and family services terminates the medicaid provider agreement.	61938

Sec. 5111.877. The director of job and family services may	61939
seek approval from the United States secretary of health and human	61940
services for not more than a total of ~~two~~five hundred slots for	61941
home and community-based services for the purposes of sections	61942
5111.874, 5111.875, and 5111.876 of the Revised Code.	61943

Sec. 5111.878. Not more than a total of ~~one~~five hundred beds	61944
may be converted from providing ICF/MR services to providing home	61945
and community-based services under sections 5111.874 and 5111.875	61946
of the Revised Code.	61947

Sec. 5111.89. (A) As used in sections 5111.89 to 5111.894 of	61948
the Revised Code:	61949

"Area agency on aging" has the same meaning as in section	61950
173.14 of the Revised Code.	61951

"Assisted living program" means the program created under	61952
this section.	61953

"Assisted living services" means the following home and	61954
community-based services: personal care, homemaker, chore,	61955
attendant care, companion, medication oversight, and therapeutic	61956
social and recreational programming.	61957

"Assisted living waiver" means the federal medicaid waiver	61958
granted by the United States secretary of health and human	61959
services that authorizes the medicaid-funded component of the	61960
assisted living program.	61961

"County or district home" means a county or district home	61962
operated under Chapter 5155. of the Revised Code.	61963

"Long-term care consultation program" means the program the	61964
department of aging is required to develop under section 173.42 of	61965
the Revised Code.	61966

"Long-term care consultation program administrator" or	61967
"administrator" means the department of aging or, if the	61968
department contracts with an area agency on aging or other entity	61969
to administer the long-term care consultation program for a	61970
particular area, that agency or entity.	61971

"Medicaid waiver component" has the same meaning as in	61972
section 5111.85 of the Revised Code.	61973

"Nursing facility" has the same meaning as in section 5111.20	61974
of the Revised Code.	61975

"Residential care facility" has the same meaning as in	61976
section 3721.01 of the Revised Code.	61977

"Unified long-term services and support medicaid waiver	61978
component" means the medicaid waiver component authorized by	61979
section 5111.864 of the Revised Code.	61980

(B) There is hereby created the assisted living program. The	61981
program shall provide assisted living services to individuals who	61982
meet the program's applicable eligibility requirements. Subject to	61983
division (C) of this section, the program shall have a	61984
medicaid-funded component and a state-funded component.	61985

(C)(1) Unless the medicaid-funded component of the assisted	61986
living program is terminated under division (C)(2) of this	61987
section, all of the following apply:	61988

(a) The department of aging shall administer the	61989
medicaid-funded component through a contract entered into with the	61990
department of job and family services under section 5111.91 of the	61991
Revised Code.	61992

(b) The contract shall include an estimate of the	61993
medicaid-funded component's costs.	61994

(c) The medicaid-funded component shall be operated as a	61995
separate medicaid waiver component.	61996

(d) The medicaid-funded component may not serve more	61997
individuals than is set by the United States secretary of health	61998
and human services in the assisted living waiver.	61999

(e) The director of job and family services may adopt rules	62000
under section 5111.85 of the Revised Code regarding the	62001
medicaid-funded component.	62002

(f) The director of aging may adopt rules under Chapter 119.	62003
of the Revised Code regarding the medicaid-funded component that	62004
the rules adopted by the director of job and family services under	62005
division (C)(1)(e) of this section authorize the director of aging	62006
to adopt.	62007

(2) If the unified long-term services and support medicaid	62008
waiver component is created, the departments of aging and job and	62009
family services shall work together to determine whether the	62010
medicaid-funded component of the assisted living program should	62011
continue to operate as a separate medicaid waiver component or be	62012
terminated. If the departments determine that the medicaid-funded	62013
component of the assisted living program should be terminated, the	62014
medicaid-funded component shall cease to exist on a date the	62015
departments shall specify.	62016

(D) The department of aging shall administer the state-funded	62017
component of the assisted living program. The state-funded	62018
component shall not be administered as part of the medicaid	62019
program.	62020

An individual who is eligible for the state-funded component	62021
may participate in the component for not more than ~~three months~~	62022
ninety days.	62023

The director of aging shall adopt rules in accordance with	62024
section 111.15 of the Revised Code to implement the state-funded	62025
component.	62026

Sec. 5111.894. (A) Subject to division (C)(2) of section	62027
5111.89 of the Revised Code, the department of aging shall	62028
establish a home first component of the assisted living program	62029
under which eligible individuals may be enrolled in the	62030
medicaid-funded component of the assisted living program in	62031
accordance with this section. An individual is eligible for the	62032
assisted living program's home first component if both of the	62033
following apply:	62034

(1) The individual has been determined to be eligible for the	62035
medicaid-funded component of the assisted living program.	62036

(2) At least one of the following applies:

62037

(a) The individual has been admitted to a nursing facility.

62038

(b) A physician has determined and documented in writing that	62039
the individual has a medical condition that, unless the individual	62040
is enrolled in home and community-based services such as the	62041
assisted living program, will require the individual to be	62042
admitted to a nursing facility within thirty days of the	62043
physician's determination.	62044

(c) The individual has been hospitalized and a physician has	62045
determined and documented in writing that, unless the individual	62046
is enrolled in home and community-based services such as the	62047
assisted living program, the individual is to be transported	62048
directly from the hospital to a nursing facility and admitted.	62049

(d) Both of the following apply:

62050

(i) The individual is the subject of a report made under	62051
section 5101.61 of the Revised Code regarding abuse, neglect, or	62052
exploitation or such a report referred to a county department of	62053
job and family services under section 5126.31 of the Revised Code	62054
or has made a request to a county department for protective	62055
services as defined in section 5101.60 of the Revised Code.	62056

(ii) A county department of job and family services and an	62057
area agency on aging have jointly documented in writing that,	62058
unless the individual is enrolled in home and community-based	62059
services such as the assisted living program, the individual	62060
should be admitted to a nursing facility.	62061

~~(e) The individual resided in a residential care facility for~~	62062
~~at least six months immediately before applying for the~~	62063
~~medicaid-funded component of the assisted living program and is at~~	62064
~~risk of imminent admission to a nursing facility because the costs~~	62065
~~of residing in the residential care facility have depleted the~~	62066
~~individual's resources such that the individual is unable to~~	62067
~~continue to afford the cost of residing in the residential care~~	62068
~~facility.~~	62069

(B) Each month, each area agency on aging shall identify	62070
individuals residing in the area that the area agency on aging	62071
serves who are eligible for the home first component of the	62072
assisted living program. When an area agency on aging identifies	62073
such an individual and determines that there is a vacancy in a	62074
residential care facility participating in the medicaid-funded	62075
component of the assisted living program that is acceptable to the	62076
individual, the agency shall notify the long-term care	62077
consultation program administrator serving the area in which the	62078
individual resides. The administrator shall determine whether the	62079
assisted living program is appropriate for the individual and	62080
whether the individual would rather participate in the assisted	62081
living program than continue or begin to reside in a nursing	62082
facility. If the administrator determines that the assisted living	62083
program is appropriate for the individual and the individual would	62084
rather participate in the assisted living program than continue or	62085
begin to reside in a nursing facility, the administrator shall so	62086
notify the department of aging. On receipt of the notice from the	62087
administrator, the department shall approve the individual's	62088
enrollment in the medicaid-funded component of the assisted living	62089
program regardless of the unified waiting list established under	62090
section 173.404 of the Revised Code, unless the enrollment would	62091
cause the component to exceed any limit on the number of	62092
individuals who may participate in the component as set by the	62093
United States secretary of health and human services in the	62094
assisted living waiver.	62095

Sec. 5111.941. (A) The ~~medicaid revenue and collections~~	62096
health care/medicaid support and recoveries fund is hereby created	62097
in the state treasury. ~~Except~~All of the following shall be	62098
credited to the fund:	62099

(1) Except as otherwise provided by statute or as authorized	62100
by the controlling board, the nonfederal share of all	62101
medicaid-related revenues, collections, and recoveries ~~shall be~~	62102
~~credited to the fund~~;	62103

(2) Federal reimbursement received for payment adjustments	62104
made pursuant to section 1923 of the "Social Security Act," 101	62105
Stat. 1330-148 (1987), 42 U.S.C. 1396r-4, as amended, under the	62106
medicaid program to state mental health hospitals maintained and	62107
operated by the department of mental health under division (A) of	62108
section 5119.02 of the Revised Code;	62109

(3) Revenues the department of job and family services	62110
receives from another state agency for medicaid services pursuant	62111
to an interagency agreement, other than such revenues required to	62112
be deposited into the health care services administration fund	62113
created under section 5111.94 of the Revised Code;	62114

(4) The first seven hundred fifty thousand dollars the	62115
department receives in a fiscal year for performing eligibility	62116
verification services necessary for compliance with the	62117
independent, certified audit requirement of 42 C.F.R. 455.304.	62118

(B) The department of job and family services shall use money	62119
credited to the ~~medicaid revenue and collections~~health	62120
care/medicaid support and recoveries fund to pay for medicaid	62121
services and contracts.	62122

Sec. 5111.946. (A) As used in this section, "medicaid	62123
managed care organization" means a managed care organization under	62124
contract with the department of job and family services pursuant	62125
to section 5111.17 of the Revised Code.	62126

(B) There is hereby created in the state treasury the health	62127
care compliance fund. All of the following shall be credited to	62128
the fund:	62129

(1) All fines imposed on and collected from medicaid managed	62130
care organizations for failure to meet performance standards or	62131
other requirements specified in provider agreements or rules	62132
adopted by the department;	62133

(2) Money the department receives in a fiscal year for	62134
performing eligibility verification services necessary for	62135
compliance with the independent, certified audit requirement of 42	62136
C.F.R. 455.304, other than the amounts of such money that are to	62137
be credited to the health care/medicaid support and recoveries	62138
fund under section 5111.941 of the Revised Code;	62139

(3) All investment earnings of the fund.

62140

(C) Money credited to the health care compliance fund shall	62141
be used solely for the following purposes:	62142

(1) To reimburse medicaid managed care organizations that	62143
have paid fines for failure to meet performance standards or other	62144
requirements and have come into compliance by meeting requirements	62145
as specified by the department;	62146

(2) To provide financial incentive awards established	62147
pursuant to section 5111.171 of the Revised Code and specified in	62148
contracts between medicaid managed care organizations and the	62149
department.	62150

Sec. 5111.96. (A) As used in this section, "MFP	62151
demonstration project" means a money follows the person	62152
demonstration project that the United States secretary of health	62153
and human services is authorized to award under section 6071 of	62154
the Deficit Reduction Act of 2005 (Pub. L. No. 109-171, as	62155
amended).	62156

(B) To the extent funds are available under an MFP	62157
demonstration project awarded to the department of job and family	62158
services, the director of job and family services may operate the	62159
helping Ohioans move, expanding (HOME) choice demonstration	62160
component of the medicaid program to transition medicaid	62161
recipients who qualify for the demonstration component to	62162
community settings. The director may adopt rules in accordance	62163
with Chapter 119. of the Revised Code for the administration and	62164
operation of the demonstration component.	62165

Sec. 5111.97. (A) As used in this section~~, "nursing~~:

62166

(1) "Home and community-based services medicaid waiver	62167
component" has the same meaning as in section 5111.85 of the	62168
Revised Code.	62169

(2) "Nursing facility" has the same meaning as in section	62170
5111.20 of the Revised Code.	62171

(B) To the extent funds are available, the director of job	62172
and family services may establish the Ohio access success project	62173
to help medicaid recipients make the transition from residing in a	62174
nursing facility to residing in a community setting. The project	62175
may be established as a separate nonmedicaid program or integrated	62176
into a new or existing ~~program of medicaid-funded~~ home and	62177
community-based services ~~authorized by a~~medicaid waiver ~~approved~~	62178
~~by the United States department of health and human services~~	62179
component. The director shall permit any recipient of	62180
medicaid-funded nursing facility services to apply for	62181
participation in the project, but may limit the number of project	62182
participants.	62183

The director shall ensure that an assessment of an applicant	62184
is conducted as soon as practicable to determine whether the	62185
applicant is eligible for participation in the project. To the	62186
maximum extent possible, the assessment and eligibility	62187
determination shall be completed not later than the date that	62188
occurs six months after the applicant became a recipient of	62189
medicaid-funded nursing facility services.	62190

(C) To be eligible for benefits under the project, a medicaid	62191
recipient must satisfy all of the following requirements:	62192

(1) The medicaid recipient must be a recipient of	62193
medicaid-funded nursing facility services, at the time of applying	62194
for the project benefits.	62195

(2) If the project is established as a nonmedicaid program,	62196
the medicaid recipient must be able to remain in the community as	62197
a result of receiving project benefits and the projected cost of	62198
the benefits to the project does not exceed eighty per cent of the	62199
average monthly medicaid cost of a medicaid recipient in a nursing	62200
facility.	62201

(3) If the project is integrated into a ~~medicaid-funded~~ home	62202
and community-based services medicaid waiver ~~program~~component,	62203
the medicaid recipient must meet the waiver component's enrollment	62204
criteria.	62205

(D) If the director establishes the Ohio access success	62206
project, the benefits provided under the project may include	62207
payment of all of the following:	62208

(1) The first month's rent in a community setting;

62209

(2) Rental deposits;

62210

(3) Utility deposits;

62211

(4) Moving expenses;

62212

(5) Other expenses not covered by the medicaid program that	62213
facilitate a medicaid recipient's move from a nursing facility to	62214
a community setting.	62215

(E) If the project is established as a nonmedicaid program,	62216
no participant may receive more than two thousand dollars' worth	62217
of benefits under the project.	62218

(F) If the department of job and family services enters into	62219
a contract with an entity to provide fiscal management services	62220
regarding the project, the contract may provide for a portion of a	62221
participant's benefits under the project to be paid to the	62222
contracting entity. The contract shall specify the portion to be	62223
paid to the contracting entity.	62224

(G) The director may submit a request to the United States	62225
secretary of health and human services pursuant to section 1915 of	62226
the "Social Security Act," 7995 Stat. ~~286~~809 (~~1965~~1981), 42	62227
U.S.C. 1396n, as amended, to create a ~~medicaid~~ home and	62228
community-based services medicaid waiver ~~program~~component to	62229
serve individuals who meet the criteria for participation in the	62230
Ohio access success project. ~~The~~	62231

(H) The director may adopt rules ~~under~~in accordance with	62232
Chapter 119. of the Revised Code for the administration and	62233
operation of the project. If the project is integrated into a home	62234
and community-based services medicaid waiver component, the rules	62235
shall be adopted under section 5111.85 of the Revised Code.	62236

Sec. 5112.31. The department of job and family services	62237
shall do all of the following:	62238

(A) Subject to section 5112.331 of the Revised Code and	62239
divisions (B) and (C) of this section and for the purposes	62240
specified in ~~sections 5112.37 and~~section 5112.371 of the Revised	62241
Code, assess for each fiscal year each intermediate care facility	62242
for the mentally retarded a franchise permit fee equal to the	62243
franchise permit fee rate multiplied by the product of the	62244
following:	62245

(1) The number of beds certified under Title XIX of the	62246
"Social Security Act" on the first day of May of the calendar year	62247
in which the assessment is determined pursuant to division (A) of	62248
section 5112.33 of the Revised Code;	62249

(2) The number of days in the fiscal year.

62250

(B) If the total amount of the franchise permit fee assessed	62251
under division (A) of this section for a fiscal year exceeds the	62252
indirect guarantee percentage of the actual net patient revenue	62253
for all intermediate care facilities for the mentally retarded for	62254
that fiscal year and seventy-five per cent or more of the total	62255
number of intermediate care facilities for the mentally retarded	62256
receive enhanced medicaid payments or other state payments equal	62257
to seventy-five per cent or more of their total franchise permit	62258
fee assessments, do both of the following:	62259

(1) Recalculate the assessments under division (A) of this	62260
section using a per bed per day rate equal to the indirect	62261
guarantee percentage of actual net patient revenue for all	62262
intermediate care facilities for the mentally retarded for that	62263
fiscal year;	62264

(2) Refund the difference between the amount of the franchise	62265
permit fee assessed for that fiscal year under division (A) of	62266
this section and the amount recalculated under division (B)(1) of	62267
this section as a credit against the assessments imposed under	62268
division (A) of this section for the subsequent fiscal year.	62269

(C) If the United States secretary of health and human	62270
services determines that the franchise permit fee established by	62271
sections 5112.30 to 5112.39 of the Revised Code would be an	62272
impermissible health care-related tax under section 1903(w) of the	62273
"Social Security Act," 105 Stat. 1793 (1991), 42 U.S.C.A.	62274
1396b(w), as amended, take all necessary actions to cease	62275
implementation of those sections in accordance with rules adopted	62276
under section 5112.39 of the Revised Code.	62277

Sec. 5112.33. (A) Not later than the fifteenth day of August	62278
of each year, the department of job and family services shall	62279
determine the annual franchise permit fee for each intermediate	62280
care facility for the mentally retarded in accordance with section	62281
5112.31 of the Revised Code.	62282

(B) Not later than the first day of September of each year,	62283
the department shall mail to each intermediate care facility for	62284
the mentally retarded notice of the amount of the franchise permit	62285
fee the facility has been assessed under section 5112.31 of the	62286
Revised Code.	62287

(C) ~~Each~~Subject to section 5112.331 of the Revised Code,	62288
each intermediate care facility for the mentally retarded shall	62289
pay its fee under section 5112.31 of the Revised Code to the	62290
department in quarterly installment payments not later than	62291
forty-five days after the last day of each September, December,	62292
March, and June.	62293

Sec. 5112.331. (A) If, during the period beginning on the	62294
first day of May of a calendar year and ending on the first day of	62295
January of the immediately following calendar year, the operator	62296
of an intermediate care facility for the mentally retarded	62297
converts, pursuant to section 5111.874 of the Revised Code, one or	62298
more of the facility's beds to providing home and community-based	62299
services, the department of job and family services shall do the	62300
following:	62301

(1) If the facility's medicaid certification is terminated	62302
because of the conversion, terminate the facility's franchise	62303
permit fee effective on the first day of the quarter immediately	62304
following the quarter in which the department receives the notice	62305
of the conversion from the director of health;	62306

(2) If the facility's certified capacity under medicaid is	62307
reduced because of the conversion, redetermine the facility's	62308
franchise permit fee in accordance with division (B) of this	62309
section for the second half of the fiscal year for which the fee	62310
is assessed.	62311

(B)(1) To redetermine an intermediate care facility for the	62312
mentally retarded's franchise permit fee, the department shall	62313
multiply the franchise permit fee rate by the product of the	62314
following:	62315

(a) The number of the facility's beds that remain certified	62316
under Title XIX of the "Social Security Act" as of the date the	62317
conversion takes effect;	62318

(b) The number of days in the second half of the fiscal year	62319
for which the redetermination is made.	62320

(2) The intermediate care facility for the mentally retarded	62321
shall pay its franchise permit fee as redetermined under division	62322
(B)(1) of this section in installment payments not later than	62323
forty-five days after the last day of March and June of the fiscal	62324
year for which the redetermination is made.	62325

Sec. 5112.341. (A) In addition to assessing a penalty	62326
pursuant to section 5112.34 of the Revised Code, the department of	62327
job and family services may do any of the following if an	62328
intermediate care facility for the mentally retarded fails to pay	62329
the full amount of a franchise permit fee installment when due:	62330

(1) Withhold an amount less than or equal to the installment	62331
and penalty assessed under section 5112.34 of the Revised Code	62332
from a medicaid payment due the facility until the facility pays	62333
the installment and penalty;	62334

(2) Offset an amount less than or equal to the installment	62335
and penalty assessed under section 5112.34 of the Revised Code	62336
from a ~~Medicaid~~medicaid payment due the ~~nursing~~ facility or	62337
~~hospital~~;	62338

(3) Terminate the facility's medicaid provider agreement.

62339

(B) The department may offset a medicaid payment under	62340
division (A) of this section without providing notice to the	62341
intermediate care facility for the mentally retarded and without	62342
conducting an adjudication under Chapter 119. of the Revised Code.	62343

Sec. 5112.37. There is hereby created in the state treasury	62344
the home and community-based services for the mentally retarded	62345
and developmentally disabled fund. ~~Eighty-one and seventy-seven~~	62346
~~hundredths per cent of all~~All installment payments and penalties	62347
paid by an intermediate care facility for the mentally retarded	62348
under sections 5112.33 and 5112.34 of the Revised Code ~~for state~~	62349
~~fiscal year 2012~~ shall be deposited into the fund. ~~Eighty-two and~~	62350
~~two tenths per cent of all installment payments and penalties paid~~	62351
~~by an intermediate care facility for the mentally retarded under~~	62352
~~sections 5112.33 and 5112.34 of the Revised Code for state fiscal~~	62353
~~year 2013 and thereafter shall be deposited into the fund. The~~	62354
~~department~~As soon as possible after the end of each quarter, the	62355
director of job and family services shall ~~distribute~~certify to	62356
the director of budget and management the amount of money inthat	62357
is in the fund ~~in accordance with rules adopted under section~~	62358
~~5112.39 of the Revised Code~~as of the last day of that quarter.	62359
~~The departments of job and family services and developmental~~	62360
~~disabilities shall use the money for the medicaid program~~	62361
~~established under Chapter 5111. of the Revised Code and home and~~	62362
~~community-based services to mentally retarded and developmentally~~	62363
~~disabled persons.~~On receipt of a certification, the director of	62364
budget and management shall transfer the amount so certified from	62365
the home and community-based services for the mentally retarded	62366
and developmentally disabled fund to the department of	62367
developmental disabilities operating and services fund created	62368
under section 5112.371 of the Revised Code.	62369

Sec. 5112.371. There is hereby created in the state treasury	62370
the department of developmental disabilities operating and	62371
services fund. ~~All installment payments and penalties paid by an~~	62372
~~intermediate care facility for the mentally retarded under~~	62373
~~sections 5112.33 and 5112.34 of the Revised Code that are not~~	62374
~~deposited into the home and community-based services for the~~	62375
~~mentally retarded and developmentally disabled fund shall be~~	62376
~~deposited into the department of developmental disabilities~~	62377
~~operating and services~~The fund shall consist of the money	62378
transferred to it under section 5112.37 of the Revised Code. The	62379
money in the fund shall be used for the expenses of the programs	62380
that the department of developmental disabilities administers and	62381
the department's administrative expenses.	62382

Sec. 5112.39. The director of job and family services shall	62383
adopt rules in accordance with Chapter 119. of the Revised Code to	62384
do ~~all~~both of the following:	62385

(A) Prescribe the actions the department will take to cease	62386
implementation of sections 5112.30 to 5112.39 of the Revised Code	62387
if the United States secretary of health and human services	62388
determines that the franchise permit fee imposed under section	62389
5112.31 of the Revised Code is an impermissible health	62390
care-related tax under section 1903(w) of the "Social Security	62391
Act," 49105 Stat. ~~620~~1793 (~~1935~~1991), 42 U.S.C.A. 1396b(w), as	62392
amended;	62393

(B) ~~Establish the method of distributing the money in the~~	62394
~~home and community-based services for the mentally retarded and~~	62395
~~developmentally disabled fund created by section 5112.37 of the~~	62396
~~Revised Code;~~	62397

~~(C)~~ Establish any other requirements or procedures the	62398
director considers necessary to implement sections 5112.30 to	62399
5112.39 of the Revised Code.	62400

Sec. 5119.22. (A)~~(1)~~ As used in this section and section	62401
5119.221 of the Revised Code:	62402

~~(a)~~(1) "Accommodations" means housing, daily meal	62403
preparation, laundry, housekeeping, arranging for transportation,	62404
social and recreational activities, maintenance, security, and	62405
other services that do not constitute personal care services or	62406
skilled nursing care.	62407

(2) "ADAMHS board" means a board of alcohol, drug addiction,	62408
and mental health services.	62409

(3) "Adult" means a person who is eighteen years of age or	62410
older, other than a person described in division (A)(4) of this	62411
section who is between eighteen and twenty-one years of age.	62412

(4) "Child" means a person who is under eighteen years of age	62413
or a person with a mental disability who is under twenty-one years	62414
of age.	62415

(5) "Community mental health agency" means a community mental	62416
health agency as defined in division (H) of section 5122.01 of the	62417
Revised Code.	62418

~~(b)~~(6) "Community mental health services" means any of the	62419
services listed in section 340.09 of the Revised Code.	62420

~~(c)~~(7) "Operator" means the person that is responsible for	62421
the administration and management of a residential facility.	62422

(8) "Personal care services" means services including, but	62423
not limited to, the following:	62424

~~(i)~~(a) Assisting residents with activities of daily living;

62425

~~(ii)~~(b) Assisting residents with self-administration of	62426
medication in accordance with rules adopted under this section;	62427

~~(iii)~~(c) Preparing special diets, other than complex	62428
therapeutic diets, for residents pursuant to the instructions of a	62429
physician or a licensed dietitian, in accordance with rules	62430
adopted under this section.	62431

"Personal care services" does not include "skilled nursing	62432
care" as defined in section 3721.01 of the Revised Code. A	62433
facility need not provide more than one of the services listed in	62434
division (A)~~(1)(c)~~(8) of this section to be considered to be	62435
providing personal care services.	62436

~~(d)~~(9) "Residential facility" means a publicly or privately	62437
operated home or facility that provides one of the following:	62438

~~(i) Room and board~~(a) Accommodations, supervision, personal	62439
care services, and community mental health services tofor one or	62440
more of the following unrelated persons ~~with mental illness or~~	62441
~~persons with severe mental disabilities~~ who are referred by or are	62442
receiving community mental health services from a community mental	62443
health agency, hospital, or practitioner;:	62444

(i) Adults with mental illness;

62445

(ii) Persons of any age with severe mental disabilities;

62446

(iii) Children with serious emotional disturbances or in need	62447
of mental health services.	62448

~~(ii) Room and board~~(b) Accommodations and personal care	62449
services for only one or two unrelated adults; accommodations,	62450
supervision, and personal care services tofor three to sixteen	62451
unrelated adults; or accommodations, supervision, and personal	62452
care services for one or two of the following unrelated persons:	62453

(i) Persons of any age with mental illness ~~or persons with~~	62454
~~severe mental disabilities~~ who are referred by or are receiving	62455
community mental health services from a community mental health	62456
agency, hospital, or practitioner;	62457

~~(iii) Room and board to~~(ii) Persons of any age with severe	62458
mental disabilities who are referred by or are receiving community	62459
mental health services from a community mental health agency,	62460
hospital, or practitioner.	62461

(c) Room and board for five or more of the following	62462
unrelated persons:	62463

(i) Adults with mental illness ~~or persons with severe mental~~	62464
~~disabilities~~ who are referred by or are receiving community mental	62465
health services from a community mental health agency, hospital,	62466
or practitioner;	62467

(ii) Adults with severe mental disabilities who are referred	62468
by or are receiving community mental health services from a	62469
community mental health agency, hospital, or practitioner.	62470

~~The following are not residential facilities~~(10)	62471
"Residential facility" does not include any of the following: ~~the~~	62472
~~residence of a relative or guardian of a mentally ill individual,~~	62473
a	62474

(a) A hospital subject to licensure under section 5119.20 of	62475
the Revised Code~~, a~~;	62476

(b) A residential facility ~~as defined in~~licensed under	62477
section 5123.19 of the Revised Code~~, a facility providing care for~~	62478
~~a child in the custody of a public children services agency or a~~	62479
~~private agency certified under section 5103.03 of the Revised~~	62480
~~Code, a foster care facility~~or otherwise regulated by the	62481
department of developmental disabilities;	62482

(c) An institution or association subject to certification	62483
under section 5103.03 of the Revised Code~~, an adult care facility~~	62484
~~subject to licensure under sections 5119.70 to 5119.88 of the~~	62485
~~Revised Code, and a~~;	62486

(d) A facility operated by a hospice care program licensed	62487
under section 3712.04 of the Revised Code that is used exclusively	62488
for care of hospice patients;	62489

(e) A nursing home, residential care facility, or home for	62490
the aging ~~subject to licensure under~~as defined in section 3721.02	62491
of the Revised Code;	62492

(f) An alcohol or drug addiction program as defined in	62493
section 3793.01 of the Revised Code;	62494

(g) A facility licensed to provide methadone treatment under	62495
section 3793.11 of the Revised Code;	62496

(h) Any facility that receives funding for operating costs	62497
from the department of development under any program established	62498
to provide emergency shelter housing or transitional housing for	62499
the homeless;	62500

(i) A terminal care facility for the homeless that has	62501
entered into an agreement with a hospice care program under	62502
section 3712.07 of the Revised Code;	62503

(j) A facility approved by the veterans administration under	62504
section 104(a) of the "Veterans Health Care Amendments of 1983,"	62505
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	62506
the placement and care of veterans.	62507

(11) "Room and board" means the provision of sleeping and	62508
living space, meals or meal preparation, laundry services,	62509
housekeeping services, or any combination thereof.	62510

(12) "Supervision" means any of the following:

62511

(a) Observing a resident to ensure the resident's health,	62512
safety, and welfare while the resident engages in activities of	62513
daily living or other activities;	62514

(b) Reminding a resident to perform or complete an activity,	62515
such as reminding a resident to engage in personal hygiene or	62516
other self-care activities;	62517

62518

(13) "Unrelated" means that a resident is not related to the	62519
owner or operator of a residential facility or to the owner's or	62520
operator's spouse as a parent, grandparent, child, stepchild,	62521
grandchild, brother, sister, niece, nephew, aunt, or uncle, or as	62522
the child of an aunt or uncle.	62523

~~(2)~~(B) Nothing in division (A)~~(1)(d)~~(9) of this section shall	62524
be construed to permit personal care services to be imposed on a	62525
resident who is capable of performing the activity in question	62526
without assistance.	62527

~~(3)~~(C) Except in the case of a residential facility described	62528
in division (A)~~(1)(d)(i)~~(9)(a) of this section, members of the	62529
staff of a residential facility shall not administer medication to	62530
the facility's residents, ~~all medication taken by residents of a~~	62531
~~residential facility shall be self-administered, and no person~~	62532
~~shall be admitted to or retained by a residential facility unless~~	62533
~~the person is capable of taking the person's own medication and~~	62534
~~biologicals, as determined in writing by the person's personal~~	62535
~~physician. Members of the staff of a residential facility~~but may	62536
do any of the following:	62537

~~(a)~~(1) Remind a resident when to take medication and watch to	62538
ensure that the resident follows the directions on the container;	62539

~~(b)~~(2) Assist a resident in the self-administration of	62540
medication by taking the medication from the locked area where it	62541
is stored, in accordance with rules adopted pursuant to this	62542
section, and handing it to the resident. If the resident is	62543
physically unable to open the container, a staff member may open	62544
the container for the resident.	62545

~~(c)~~(3) Assist a physically impaired but mentally alert	62546
resident, such as a resident with arthritis, cerebral palsy, or	62547
Parkinson's disease, in removing oral or topical medication from	62548
containers and in consuming or applying the medication, upon	62549
request by or with the consent of the resident. If a resident is	62550
physically unable to place a dose of medicine to the resident's	62551
mouth without spilling it, a staff member may place the dose in a	62552
container and place the container to the mouth of the resident.	62553

~~(B) Every~~(D)(1) Except as provided in division (D)(2) of	62554
this section, a person operating or ~~desiring~~seeking to operate a	62555
residential facility shall apply for licensure of the facility to	62556
the department of mental health ~~and~~. The application shall be	62557
submitted by the operator. When applying for the license, the	62558
applicant shall pay to the department the application fee	62559
specified in rules adopted under division (L) of this section. The	62560
fee is nonrefundable.	62561

The department shall send a copy of ~~the~~an application to the	62562
ADAMHS board ~~of alcohol, drug addiction, and mental health~~	62563
~~services whose service district includes~~serving the county in	62564
which the person operates or ~~desires~~seeks to operate a	62565
~~residential~~the facility. The ADAMHS board shall review ~~such~~	62566
~~applications and recommend approval or disapproval to the~~	62567
~~department. Each recommendation shall be consistent with the~~	62568
~~board's community mental health plan.~~	62569

~~(C)~~the application and provide to the department any	62570
information about the applicant or the facility that the board	62571
would like the department to consider in reviewing the	62572
application.	62573

(2) A person may not apply for a license to operate a	62574
residential facility if the person is or has been the owner,	62575
operator, or manager of a residential facility for which a license	62576
to operate was revoked or for which renewal of a license was	62577
refused for any reason other than nonpayment of the license	62578
renewal fee, unless both of the following conditions are met:	62579

(a) A period of not less than two years has elapsed since the	62580
date the director of mental health issued the order revoking or	62581
refusing to renew the facility's license.	62582

(b) The director's revocation or refusal to renew the license	62583
was not based on an act or omission at the facility that violated	62584
a resident's right to be free from abuse, neglect, or	62585
exploitation.	62586

(E)(1) Any person may operate a residential facility	62587
providing accommodations and personal care services for one to	62588
five unrelated persons and licensed as a residential facility that	62589
meets the criteria specified in division (A)(9)(b) of this section	62590
as a permitted use in any residential district or zone, including	62591
any single-family residential district or zone of any political	62592
subdivision. Such facilities may be required to comply with area,	62593
height, yard, and architectural compatibility requirements that	62594
are uniformly imposed upon all single-family residences within the	62595
district or zone.	62596

(2) Any person may operate a residential facility providing	62597
accommodations and personal care services for six to sixteen	62598
persons and licensed as a residential facility that meets the	62599
criteria specified in division (A)(9)(b) of this section as a	62600
permitted use in any multiple-family residential district or zone	62601
of any political subdivision, except that a political subdivision	62602
that has enacted a zoning ordinance or resolution establishing	62603
planned-unit development districts as defined in section 519.021	62604
of the Revised Code may exclude such facilities from such	62605
districts, and a political subdivision that has enacted a zoning	62606
ordinance or resolution may regulate such facilities in	62607
multiple-family residential districts or zones as a conditionally	62608
permitted use or special exception, in either case, under	62609
reasonable and specific standards and conditions set out in the	62610
zoning ordinance or resolution to:	62611

(a) Require the architectural design and site layout of the	62612
home and the location, nature, and height of any walls, screens,	62613
and fences to be compatible with adjoining land uses and the	62614
residential character of the neighborhood;	62615

(b) Require compliance with yard, parking, and sign	62616
regulation.	62617

(3) Divisions (E)(1) and (2) of this section do not affect	62618
any right of a political subdivision to permit a person to operate	62619
a residential facility licensed under this section in a	62620
single-family residential district or zone under conditions	62621
established by the political subdivision.	62622

(4)(a) Notwithstanding divisions (E)(1) and (2) of this	62623
section and except as provided in division (E)(4)(b) of this	62624
section, a political subdivision that has enacted a zoning	62625
ordinance or resolution may limit the excessive concentration of	62626
licensed residential facilities that meet the criteria specified	62627
in division (A)(9)(b) of this section.	62628

(b) Division (E)(4)(a) of this section does not authorize a	62629
political subdivision to prevent or limit the continued existence	62630
and operation of residential facilities existing and operating on	62631
the effective date of this section and that meet the criteria	62632
specified in division (A)(9)(b) of this section. A political	62633
subdivision may consider the existence of such facilities for the	62634
purpose of limiting the excessive concentration of such facilities	62635
that meet the criteria specified in division (A)(9)(b) of this	62636
section that are not existing and operating on the effective date	62637
of this section.	62638

(F)(1) The department of mental health shall inspect and	62639
license the operation of residential facilities. The department	62640
shall consider the past record of the facility and the applicant	62641
or licensee in arriving at its licensure decision. ~~The~~	62642

The department may issue full, probationary, and interim	62643
licenses. A full license shall expire two years after the date of	62644
issuance, a probationary license shall expire in a shorter period	62645
of time as ~~prescribed by rule~~specified in rules adopted by the	62646
director of mental health ~~pursuant to Chapter 119. of the Revised~~	62647
~~Code~~under division (L) of this section, and an interim license	62648
shall expire ninety days after the date of issuance. ~~The~~A license	62649
may be renewed in accordance with rules adopted by the director	62650
under division (L) of this section. The renewal application shall	62651
be submitted by the operator. When applying for renewal of a	62652
license, the applicant shall pay to the department the renewal fee	62653
specified in rules adopted under division (L) of this section. The	62654
fee is nonrefundable.	62655

(2) The department may issue an order suspending the	62656
admission of residents to the facility or refuse to issue or renew	62657
and may revoke a license if it finds the facility is not in	62658
compliance with rules adopted by the ~~department~~director pursuant	62659
to division ~~(G)~~(L) of this section or if any facility operated by	62660
the applicant or licensee has ~~had~~been cited for repeated	62661
violations of statutes or rules during the period of previous	62662
licenses. Proceedings initiated to deny applications for full or	62663
probationary licenses or to revoke such licenses are governed by	62664
Chapter 119. of the Revised Code.	62665

~~(D)~~(G) The department may issue an interim license to operate	62666
a residential facility if both of the following conditions are	62667
met:	62668

(1) The department determines that the closing of or the need	62669
to remove residents from another residential facility has created	62670
an emergency situation requiring immediate removal of residents	62671
and an insufficient number of licensed beds are available.	62672

(2) The residential facility applying for an interim license	62673
meets standards established for interim licenses in rules adopted	62674
by the director under ~~Chapter 119. of the Revised Code~~division	62675
(L) of this section.	62676

An interim license shall be valid for ninety days and may be	62677
renewed by the director no more than twice. Proceedings initiated	62678
to deny applications for or to revoke interim licenses under this	62679
division are not subject to Chapter 119. of the Revised Code.	62680

~~(E)~~(H)(1) The department of mental health may conduct an	62681
inspection of a residential facility as follows:	62682

~~(1)~~(a) Prior to ~~the~~ issuance of a license ~~to a prospective~~	62683
~~operator~~for the facility;	62684

~~(2)~~(b) Prior to ~~the~~ renewal of ~~any operator's~~the license;

62685

~~(3)~~(c) To determine whether athe facility has completed a	62686
plan of correction required pursuant to ~~this~~ division (H)(2) of	62687
this section and corrected deficiencies to the satisfaction of the	62688
department and in compliance with this section and rules adopted	62689
pursuant to it;	62690

~~(4)~~(d) Upon complaint by any individual or agency;

62691

~~(5)~~(e) At any time the director considers an inspection to be	62692
necessary in order to determine whether ~~a residential~~the facility	62693
is in compliance with this section and rules adopted pursuant to	62694
this section.	62695

(2) In conducting inspections the department may conduct an	62696
on-site examination and evaluation of the residential facility,	62697
and its personnel, activities, and services. The department shall	62698
have access to examine and copy all records, accounts, and any	62699
other documents relating to the operation of the residential	62700
facility, including records pertaining to residents, and shall	62701
have access to the facility in order to conduct interviews with	62702
the operator, staff, and residents. Following each inspection and	62703
review, the department shall complete a report listing any	62704
deficiencies, and including, when appropriate, a time table within	62705
which the operator shall correct the deficiencies. The department	62706
may require the operator to submit a plan of correction describing	62707
how the deficiencies will be corrected.	62708

~~(F)~~(I) No person shall do any of the following:

62709

(1) Operate a residential facility unless the facility holds	62710
a valid license;	62711

(2) Violate any of the conditions of licensure after having	62712
been granted a license;	62713

(3) Interfere with a state or local official's inspection or	62714
investigation of a residential facility;	62715

(4) Violate any of the provisions of this section or any	62716
rules adopted pursuant to this section.	62717

~~(G)~~(J) The following may enter a residential facility at any	62718
time:	62719

(1) Employees designated by the director of mental health;

62720

(2) Employees of an ADAMHS board under either of the	62721
following circumstances:	62722

(a) When a resident of the facility is receiving services	62723
from a community mental health agency under contract with that	62724
ADAMHS board or another ADAMHS board;	62725

(b) When authorized by section 340.05 of the Revised Code.

62726

(3) Employees of a community mental health agency under	62727
either of the following circumstances:	62728

(a) When the agency has a client residing in the facility;

62729

(b) When the agency is acting as an agent of an ADAMHS board	62730
other than the board with which it is under contract.	62731

(4) Representatives of the state long-term care ombudsperson	62732
program when the facility provides accommodations, supervision,	62733
and personal care services for three to sixteen unrelated adults	62734
or to one or two unrelated adults who are recipients under the	62735
residential state supplement program.	62736

The persons specified in division (J) of this section shall	62737
be afforded access to examine and copy all records, accounts, and	62738
any other documents relating to the operation of the residential	62739
facility, including records pertaining to residents.	62740

(K) Employees of the department of mental health may enter,	62741
for the purpose of investigation, any institution, residence,	62742
facility, or other structure which has been reported to the	62743
department as, or that the department has reasonable cause to	62744
believe is, operating as a residential facility without a valid	62745
license.	62746

(L) The director shall adopt and may amend and rescind rules	62747
pursuant to Chapter 119. of the Revised Code~~, prescribing minimum~~	62748
governing the licensing and operation of residential facilities.	62749
The rules shall establish all of the following:	62750

(1) Minimum standards for the health, safety, adequacy, and	62751
cultural ~~specificity and sensitivity~~competency of treatment of	62752
and services for persons in residential facilities; ~~establishing~~	62753
~~procedures~~	62754

(2) Procedures for the issuance, renewal or revocation of the	62755
licenses of ~~such~~residential facilities; ~~establishing the~~	62756

(3) Procedures for conducting criminal records checks for	62757
prospective operators, staff, and other individuals who, if	62758
employed by a residential facility, would have unsupervised access	62759
to facility residents;	62760

(4) The fee to be paid when applying for a new residential	62761
facility license or renewing the license;	62762

(5) Procedures for the operator of a residential facility to	62763
follow when notifying the ADAMHS board serving the county in which	62764
the facility is located when the facility is serving residents	62765
with mental illness or severe mental disability, including the	62766
circumstances under which the operator is required to make such a	62767
notification;	62768

(6) Procedures for the issuance and termination of orders of	62769
suspension of admission of residents to a residential facility;	62770

(7) Measures to be taken by residential facilities relative	62771
to residents' medication;	62772

(8) Requirements relating to preparation of special diets;

62773

(9) The maximum number of residents ofwho may be served in a	62774
residential facility; ~~establishing the~~	62775

(10) The rights of residents of residential facilities and	62776
procedures to protect such rights; ~~and requiring~~	62777

(11) Procedures for obtaining an affiliation agreement	62778
approved by the board between a residential facility and a	62779
community mental health agency~~. Such affiliation agreement must be~~	62780
~~consistent with the residential portion of the community mental~~	62781
~~health plan submitted pursuant to section 340.03 of the Revised~~	62782
~~Code~~;	62783

(12) Standards and procedures under which the director may	62784
waive the requirements of any of the rules adopted.	62785

~~(H) The department may investigate any facility that has been~~	62786
~~reported to the department or that the department has reasonable~~	62787
~~cause to believe is operating as a residential facility without a~~	62788
~~valid license.~~	62789

~~(I)~~(M)(1) The department may withhold the source of any	62790
complaint reported as a violation of this ~~act~~section when the	62791
department determines that disclosure could be detrimental to the	62792
department's purposes or could jeopardize the investigation. The	62793
department may disclose the source of any complaint if the	62794
complainant agrees in writing to such disclosure and shall	62795
disclose the source upon order by a court of competent	62796
jurisdiction.	62797

~~(J)~~(2) Any person who makes a complaint under division (M)(1)	62798
of this section, or any person who participates in an	62799
administrative or judicial proceeding resulting from such a	62800
complaint, is immune from civil liability and is not subject to	62801
criminal prosecution, other than for perjury, unless the person	62802
has acted in bad faith or with malicious purpose.	62803

(N)(1) The director of mental health may petition the court	62804
of common pleas of the county in which a residential facility is	62805
located for an order enjoining any person from operating a	62806
residential facility without a license or from operating a	62807
licensed facility when, in the director's judgment, there is a	62808
~~real and~~ present danger to the health or safety of any of the	62809
occupants of the facility. The court shall have jurisdiction to	62810
grant such injunctive relief upon a showing that the respondent	62811
named in the petition is operating a facility without a license or	62812
there is a ~~real and~~ present danger to the health or safety of any	62813
residents of the facility.	62814

~~(K) Whoever violates division (F) of this section or any rule~~	62815
~~adopted under this section is liable for a civil penalty of one~~	62816
~~hundred dollars for the first offense; for each subsequent~~	62817
~~offense, such violator is liable for a civil penalty of five~~	62818
~~hundred dollars. If the violator does not pay, the attorney~~	62819
~~general, upon the request of the director of mental health, shall~~	62820
~~bring a civil action to collect the penalty. Fines collected~~	62821
~~pursuant to this section shall be deposited into the state~~	62822
~~treasury to the credit of the mental health sale of goods and~~	62823
~~services fund.~~	62824

(2) When the court grants injunctive relief in the case of a	62825
facility operating without a license, the court shall issue, at a	62826
minimum, an order enjoining the facility from admitting new	62827
residents to the facility and an order requiring the facility to	62828
assist with the safe and orderly relocation of the facility's	62829
residents.	62830

(3) If injunctive relief is granted against a facility for	62831
operating without a license and the facility continues to operate	62832
without a license, the director shall refer the case to the	62833
attorney general for further action.	62834

(O) The director may fine a person for violating division (I)	62835
of this section. The fine shall be five hundred dollars for a	62836
first offense; for each subsequent offense, the fine shall be one	62837
thousand dollars. The director's actions in imposing a fine shall	62838
be taken in accordance with Chapter 119. of the Revised Code.	62839

Sec. 5119.61. Any provision in this chapter that refers to a	62840
board of alcohol, drug addiction, and mental health services also	62841
refers to the community mental health board in an alcohol, drug	62842
addiction, and mental health service district that has a community	62843
mental health board.	62844

The director of mental health with respect to all facilities	62845
and programs established and operated under Chapter 340. of the	62846
Revised Code for mentally ill and emotionally disturbed persons,	62847
shall do all of the following:	62848

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	62849
that may be necessary to carry out the purposes of Chapter 340.	62850
and sections 5119.61 to 5119.63 of the Revised Code.	62851

(1) The rules shall include ~~all of~~ the following:

62852

(a) Rules governing a community mental health agency's	62853
services under section 340.091 of the Revised Code to an	62854
individual referred to the agency under division ~~(C)~~(D)(2) of	62855
section 5119.69 of the Revised Code;	62856

(b) For the purpose of division (A)(16) of section 340.03 of	62857
the Revised Code, rules governing the duties of mental health	62858
agencies and boards of alcohol, drug addiction, and mental health	62859
services ~~under section 5119.88 of the Revised Code~~ regarding	62860
referrals of individuals with mental illness or severe mental	62861
disability to ~~adult care~~residential facilities as defined in	62862
division (A)(9)(b) of section 5119.22 of the Revised Code and	62863
effective arrangements for ongoing mental health services for the	62864
individuals. ~~The rules shall do at least the following:~~	62865

~~(i) Provide for agencies and boards to participate fully in~~	62866
~~the procedures owners and managers of adult care facilities must~~	62867
~~follow under division (A) of section 5119.88 of the Revised Code;~~	62868

~~(ii) Specify the manner in which boards are accountable for~~	62869
~~ensuring that ongoing mental health services are effectively~~	62870
~~arranged for individuals with mental illness or severe mental~~	62871
~~disability who are referred by the board or mental health agency~~	62872
~~under contract with the board to an adult care facility.~~	62873

~~(c) Rules governing a board of alcohol, drug addiction, and~~	62874
~~mental health services when making a report to the director of~~	62875
~~mental health under section 5119.87 of the Revised Code regarding~~	62876
~~the quality of care and services provided by an adult care~~	62877
~~facility to a person with mental illness or a severe mental~~	62878
~~disability~~.	62879

(2) Rules may be adopted to govern the method of paying a	62880
community mental health facility, as defined in section 5111.023	62881
of the Revised Code, for providing services listed in division (B)	62882
of that section. Such rules must be consistent with the contract	62883
entered into between the departments of job and family services	62884
and mental health under section 5111.91 of the Revised Code and	62885
include requirements ensuring appropriate service utilization.	62886

(B) Review and evaluate, and, taking into account the	62887
findings and recommendations of the board of alcohol, drug	62888
addiction, and mental health services of the district served by	62889
the program and the requirements and priorities of the state	62890
mental health plan, including the needs of residents of the	62891
district now residing in state mental institutions, and make	62892
recommendations for needed improvements to boards of alcohol, drug	62893
addiction, and mental health services;	62894

(C) Provide consultative services to community mental health	62895
agencies with the knowledge and cooperation of the board of	62896
alcohol, drug addiction, and mental health services;	62897

(D) At the director's discretion, provide to boards of	62898
alcohol, drug addiction, and mental health services state or	62899
federal funds, in addition to those allocated under section	62900
5119.62 of the Revised Code, for special programs or projects the	62901
director considers necessary but for which local funds are not	62902
available;	62903

(E) Establish criteria by which a board of alcohol, drug	62904
addiction, and mental health services reviews and evaluates the	62905
quality, effectiveness, and efficiency of services provided	62906
through its community mental health plan. The criteria shall	62907
include requirements ensuring appropriate service utilization. The	62908
department shall assess a board's evaluation of services and the	62909
compliance of each board with this section, Chapter 340. or	62910
section 5119.62 of the Revised Code, and other state or federal	62911
law and regulations. The department, in cooperation with the	62912
board, periodically shall review and evaluate the quality,	62913
effectiveness, and efficiency of services provided through each	62914
board. The department shall collect information that is necessary	62915
to perform these functions.	62916

(F) To the extent the director determines necessary and after	62917
consulting with boards of alcohol, drug addiction, and mental	62918
health services, develop and operate, or contract for the	62919
operation of, a community mental health information system or	62920
systems.	62921

Boards of alcohol, drug ~~abuse~~addiction, and mental health	62922
services shall submit information requested by the department in	62923
the form and manner prescribed by the department. Information	62924
collected by the department shall include, but not be limited to,	62925
all of the following:	62926

(1) Information regarding units of services provided in whole	62927
or in part under contract with a board, including diagnosis and	62928
special needs, demographic information, the number of units of	62929
service provided, past treatment, financial status, and service	62930
dates in accordance with rules adopted by the department in	62931
accordance with Chapter 119. of the Revised Code;	62932

(2) Financial information other than price or price-related	62933
data regarding expenditures of boards and community mental health	62934
agencies, including units of service provided, budgeted and actual	62935
expenses by type, and sources of funds.	62936

Boards shall submit the information specified in division	62937
(F)(1) of this section no less frequently than annually for each	62938
client, and each time the client's case is opened or closed. The	62939
department shall not collect any personal information from the	62940
boards except as required or permitted by state or federal law for	62941
purposes related to payment, health care operations, program and	62942
service evaluation, reporting activities, research, system	62943
administration, and oversight.	62944

(G) Review each board's community mental health plan	62945
submitted pursuant to section 340.03 of the Revised Code and	62946
approve or disapprove it in whole or in part. Periodically, in	62947
consultation with representatives of boards and after considering	62948
the recommendations of the medical director, the director shall	62949
issue criteria for determining when a plan is complete, criteria	62950
for plan approval or disapproval, and provisions for conditional	62951
approval. The factors that the director considers may include, but	62952
are not limited to, the following:	62953

(1) The mental health needs of all persons residing within	62954
the board's service district, especially severely mentally	62955
disabled children, adolescents, and adults;	62956

(2) The demonstrated quality, effectiveness, efficiency, and	62957
cultural relevance of the services provided in each service	62958
district, the extent to which any services are duplicative of	62959
other available services, and whether the services meet the needs	62960
identified above;	62961

(3) The adequacy of the board's accounting for the	62962
expenditure of funds.	62963

If the director disapproves all or part of any plan, the	62964
director shall provide the board an opportunity to present its	62965
position. The director shall inform the board of the reasons for	62966
the disapproval and of the criteria that must be met before the	62967
plan may be approved. The director shall give the board a	62968
reasonable time within which to meet the criteria, and shall offer	62969
technical assistance to the board to help it meet the criteria.	62970

If the approval of a plan remains in dispute, the board or	62971
the director may request that the dispute be submitted to a	62972
mutually agreed upon third-party mediator with the cost to be	62973
shared by the board and the department. The mediator shall issue	62974
to the board and the department recommendations for resolution of	62975
the dispute. The director, taking into consideration the	62976
recommendations of the mediator, shall make a final determination	62977
and approve or disapprove the plan, in whole or in part.	62978

Sec. 5119.69. (A) As used in this section and section	62979
5119.691 of the Revised Code:	62980

(1) "Long-term care consultation program" means the program	62981
the department of aging is required to develop under section	62982
173.42 of the Revised Code.	62983

(2) "Long-term care consultation program administrator" or	62984
"administrator" means the department of aging or, if the	62985
department contracts with an area agency on aging or other entity	62986
to administer the long-term care consultation program for a	62987
particular area, that agency or entity.	62988

(3) "Nursing facility" has the same meaning as in section	62989
5111.20 of the Revised Code.	62990

(4) "Residential state supplement administrative agency"	62991
means the department of mental health or, if the department	62992
designates an entity under division (C) of this section for a	62993
particular area, the designated entity.	62994

(5) "Residential state supplement program" means the program	62995
administered pursuant to this section.	62996

(B) The department of mental health shall implement the	62997
residential state supplement program under which the state	62998
supplements the supplemental security income payments received by	62999
aged, blind, or disabled adults under Title XVI of the "Social	63000
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as amended.	63001
Residential state supplement payments shall be used for the	63002
provision of accommodations, supervision, and personal care	63003
services to supplemental security income recipients who the	63004
department determines are at risk of needing institutional care.	63005

~~(B)~~(C) In implementing the program, the department may	63006
designate one or more entities to be responsible for providing	63007
administrative services regarding the program. The department may	63008
designate an entity to be a residential state supplement	63009
administrative agency under this division either by entering into	63010
a contract with the entity to serve in that capacity or by	63011
otherwise delegating to the entity the responsibility to serve in	63012
that capacity.	63013

~~(C)~~(D) For an individual to be eligible for residential state	63014
supplement payments, all of the following must be the case:	63015

(1) Except as provided by division ~~(G)~~(H) of this section,	63016
the individual must reside in one of the following:	63017

(a) ~~An adult foster home certified under section 5119.692 of~~	63018
~~the Revised Code;~~	63019

~~(b)~~ A home or facility, other than a nursing home or nursing	63020
home unit of a home for the aging, licensed by the department of	63021
health under Chapter 3721. of the Revised Code ~~or the department~~	63022
~~of mental health under sections 5119.70 to 5119.88 of the Revised~~	63023
~~Code~~;	63024

~~(c)~~(b) A residential facility as defined in division	63025
(A)~~(1)(d)(ii)~~(9)(b) of section 5119.22 of the Revised Code	63026
licensed by the department of mental health;	63027

~~(d)~~(c) An apartment or room used to provide community mental	63028
health housing services certified by the department of mental	63029
health under section 5119.611 of the Revised Code and approved by	63030
a board of alcohol, drug addiction, and mental health services	63031
under division (A)(14) of section 340.03 of the Revised Code.	63032

(2) A residential state supplement administrative agency must	63033
have determined that the environment in which the individual will	63034
be living while receiving the payments is appropriate for the	63035
individual's needs. If the individual is eligible for supplemental	63036
security income payments or social security disability insurance	63037
benefits because of a mental disability, the residential state	63038
supplement administrative agency shall refer the individual to a	63039
community mental health agency for ~~the community mental health~~	63040
~~agency to issue in accordance with~~an assessment under division	63041
(A) of section 340.091 of the Revised Code ~~a recommendation on~~	63042
~~whether the residential state supplement administrative agency~~	63043
~~should determine that the environment in which the individual will~~	63044
~~be living while receiving the payments is appropriate for the~~	63045
~~individual's needs~~.	63046

(3) The individual satisfies all eligibility requirements	63047
established by rules adopted under division ~~(D)~~(E) of this	63048
section.	63049

~~(D)~~(E) The directors of mental health and job and family	63050
services shall adopt rules in accordance with section 111.15 of	63051
the Revised Code as necessary to implement the residential state	63052
supplement program.	63053

To the extent permitted by Title XVI of the "Social Security	63054
Act," and any other provision of federal law, the director of job	63055
and family services may adopt rules establishing standards for	63056
adjusting the eligibility requirements concerning the level of	63057
impairment a person must have so that the amount appropriated for	63058
the program by the general assembly is adequate for the number of	63059
eligible individuals. The rules shall not limit the eligibility of	63060
disabled persons solely on a basis classifying disabilities as	63061
physical or mental. The director of job and family services also	63062
may adopt rules that establish eligibility standards for aged,	63063
blind, or disabled individuals who reside in one of the homes or	63064
facilities specified in division ~~(C)~~(D)(1) of this section but	63065
who, because of their income, do not receive supplemental security	63066
income payments. The rules may provide that these individuals may	63067
include individuals who receive other types of benefits,	63068
including, social security disability insurance benefits provided	63069
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	63070
42 U.S.C.A. 401, as amended. Notwithstanding division ~~(A)~~(B) of	63071
this section, such payments may be made if funds are available for	63072
them.	63073

The director of mental health may adopt rules establishing	63074
the method to be used to determine the amount an eligible	63075
individual will receive under the program. The amount the general	63076
assembly appropriates for the program may be a factor included in	63077
the method that director establishes.	63078

~~(E)~~(F) The county department of job and family services of	63079
the county in which an applicant for the residential state	63080
supplement program resides shall determine whether the applicant	63081
meets income and resource requirements for the program.	63082

~~(F)~~(G) The department of mental health shall maintain a	63083
waiting list of any individuals eligible for payments under this	63084
section but not receiving them because moneys appropriated to the	63085
department for the purposes of this section are insufficient to	63086
make payments to all eligible individuals. An individual may apply	63087
to be placed on the waiting list even though the individual does	63088
not reside in one of the homes or facilities specified in division	63089
~~(C)~~(D)(1) of this section at the time of application. The director	63090
of mental health, by rules adopted in accordance with Chapter 119.	63091
of the Revised Code, may specify procedures and requirements for	63092
placing an individual on the waiting list and priorities for the	63093
order in which individuals placed on the waiting list are to begin	63094
to receive residential state supplement payments. The rules	63095
specifying priorities may give priority to individuals placed on	63096
the waiting list on or after July 1, 2006, who receive	63097
supplemental security income benefits under Title XVI of the	63098
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 1381, as	63099
amended. The rules shall not affect the place on the waiting list	63100
of any person who was on the list on July 1, 2006. The rules	63101
specifying priorities may also set additional priorities based on	63102
living arrangement, such as whether an individual resides in a	63103
facility listed in division ~~(C)~~(D)(1) of this section or has been	63104
admitted to a nursing facility.	63105

~~(G)~~(H) An individual in a licensed or certified living	63106
arrangement receiving state supplementation on November 15, 1990,	63107
under former section 5101.531 of the Revised Code shall not become	63108
ineligible for payments under this section solely by reason of the	63109
individual's living arrangement as long as the individual remains	63110
in the living arrangement in which the individual resided on	63111
November 15, 1990.	63112

~~(H)~~(I) The department of mental health shall notify each	63113
person denied approval for payments under this section of the	63114
person's right to a hearing. On request, the hearing shall be	63115
provided in accordance with Chapter 119. of the Revised Code.	63116

Sec. 5119.691. ~~(A) As used in this section:~~

63117

~~"Long-term care consultation program" means the program the~~	63118
~~department of aging is required to develop under section 173.42 of~~	63119
~~the Revised Code.~~	63120

~~"Long-term care consultation program administrator" or~~	63121
~~"administrator" means the department of aging or, if the~~	63122
~~department contracts with an area agency on aging or other entity~~	63123
~~to administer the long-term care consultation program for a~~	63124
~~particular area, that agency or entity.~~	63125

~~"Nursing facility" has the same meaning as in section 5111.20~~	63126
~~of the Revised Code.~~	63127

~~"Residential state supplement administrative agency" means an~~	63128
~~entity designated as such by the department of mental health under~~	63129
~~section 5119.69 of the Revised Code.~~	63130

~~"Residential state supplement program" means the program~~	63131
~~administered pursuant to section 5119.69 of the Revised Code.~~	63132

~~(B)~~ On a periodic schedule determined by the department of	63133
mental health, each residential state supplement administrative	63134
agency shall determine whether individuals who reside in the area	63135
that the agency serves and are on a waiting list for the	63136
residential state supplement program have been admitted to a	63137
nursing facility. If a residential state supplement administrative	63138
agency determines that such an individual has been admitted to a	63139
nursing facility, the agency shall notify the long-term care	63140
consultation program administrator serving the area in which the	63141
individual resides about the determination. The administrator	63142
shall determine whether the residential state supplement program	63143
is appropriate for the individual and whether the individual would	63144
rather participate in the program than continue residing in the	63145
nursing facility. If the administrator determines that the	63146
residential state supplement program is appropriate for the	63147
individual and the individual would rather participate in the	63148
program than continue residing in the nursing facility, the	63149
administrator shall so notify the department of mental health. On	63150
receipt of the notice from the administrator, the department of	63151
mental health shall approve the individual's enrollment in the	63152
residential state supplement program in accordance with the	63153
priorities specified in rules adopted under division ~~(F)~~(G) of	63154
section 5119.69 of the Revised Code. Each quarter, the department	63155
of mental health shall certify to the director of budget and	63156
management the estimated increase in costs of the residential	63157
state supplement program resulting from enrollment of individuals	63158
in the program pursuant to this section.	63159

Sec. 5119.99. ~~(A)~~ Whoever violates section 5119.21 of the	63160
Revised Code is guilty of a misdemeanor of the first degree.	63161

~~(B) Whoever violates division (A)(1) of section 5119.86 of~~	63162
~~the Revised Code shall be fined two thousand dollars for a first~~	63163
~~offense; for each subsequent offense, such person shall be fined~~	63164
~~five thousand dollars.~~	63165

~~(C) Whoever violates division (C) of section 5119.81 or~~	63166
~~division (A)(2), (3), (4), (5), or (6), (B), (C), (D), (E), or (F)~~	63167
~~of section 5119.86 of the Revised Code shall be fined five hundred~~	63168
~~dollars for a first offense; for each subsequent offense, such~~	63169
~~person shall be fined one thousand dollars.~~	63170

Sec. 5120.036. (A) The department of rehabilitation and	63171
correction shall provide risk reduction programming and treatment	63172
for inmates whom a court under section 2929.143 of the Revised	63173
Code recommends serve a risk reduction sentence and who meet the	63174
eligibility criteria described in division (B) of this section.	63175

(B) If an offender is sentenced to a term of imprisonment in	63176
a state correctional institution and the sentencing court	63177
recommended that the offender serve a risk reduction sentence, the	63178
department of rehabilitation and correction shall conduct a	63179
validated and objective assessment of the person's needs and risk	63180
of reoffending. If the offender cooperates with the risk	63181
assessment and agrees to participate in any programming or	63182
treatment ordered by the department, the department shall provide	63183
programming and treatment to the offender to address the risks and	63184
needs identified in the assessment.	63185

(C) If the department determines that an offender serving a	63186
term of incarceration for whom the sentencing court recommended a	63187
risk reduction sentence under section 2929.143 of the Revised Code	63188
has successfully completed the assessment and treatment or	63189
programming required by the department under division (B) of this	63190
section, the department shall release the offender to ~~supervised~~	63191
~~release~~post-release control under one or more post-release	63192
control sanctions after the offender has served each mandatory	63193
prison term to which the offender was sentenced, if any, and a	63194
minimum of eighty per cent of the aggregated nonmandatory prison	63195
terms to which the offender was sentenced. The placement under	63196
post-release control sanctions shall be under terms set by the	63197
parole board in accordance with section 2967.28 of the Revised	63198
Code and shall be subject to the provisions of that section and	63199
sections 2929.141 and 2967.15 of the Revised Code regarding	63200
violation of post-release control sanctions. No mandatory prison	63201
term shall be reduced by, or as a result of, an offender's service	63202
of a risk reduction sentence. The department shall notify the	63203
sentencing court that the offender has successfully completed the	63204
terms of the risk reduction sentence at least thirty days prior to	63205
the date upon which the offender is to be released.	63206

(D) As used in this section:

63207

(1) "Mandatory prison term" has the same meaning as in	63208
section 2929.01 of the Revised Code.	63209

(2) "Nonmandatory prison term" means a prison term that is	63210
not a mandatory prison term.	63211

(3) "Post-release control" and "post-release control	63212
sanction" have the same meanings as in section 2967.01 of the	63213
Revised Code.	63214

Sec. 5120.105. (A) The ~~department of administrative services~~	63215
Ohio facilities construction commission shall provide for the	63216
construction of a halfway house facility in conformity with	63217
Chapter 153. of the Revised Code, except that construction	63218
services may be provided by the department of rehabilitation and	63219
correction.	63220

(B) The director of rehabilitation and correction may enter	63221
into an agreement with a halfway house organization for the	63222
management of a halfway house facility. The halfway house	63223
organization that occupies, will occupy, or is responsible for the	63224
management of a halfway house facility shall pay the costs of	63225
management of and general building services for the halfway house	63226
facility as provided in an agreement between the department of	63227
rehabilitation and correction and the halfway house organization.	63228

(C) No state funds, including state bond proceeds, shall be	63229
spent on the construction of a halfway house facility under	63230
sections 5120.102 to 5120.105 of the Revised Code, unless the	63231
general assembly has specifically authorized the spending of money	63232
on, or has made an appropriation to the department of	63233
rehabilitation and correction for, the construction of the halfway	63234
house facility or rental payments relating to the financing of the	63235
construction of that facility. An authorization to spend money or	63236
an appropriation for planning a halfway house facility does not	63237
constitute an authorization to spend money on, or an appropriation	63238
for, the construction of that facility. Capital funds for the	63239
construction of halfway house facilities under sections 5120.102	63240
to 5120.105 of the Revised Code shall be paid from the adult	63241
correctional building fund created in division (F) of section	63242
154.24 of the Revised Code.	63243

Sec. 5120.132. (A) There is hereby created in the state	63244
treasury the prisoner programs fund. The director of	63245
rehabilitation and correction shall deposit in the fund all moneys	63246
received by the department from commissions on telephone systems	63247
~~established for the use of prisoners~~and services provided to	63248
prisoners in relation to electronic mail, prisoner trust fund	63249
deposits, and the purchase of music, digital music players, and	63250
other electronic devices. The money in the fund shall be used only	63251
to pay for the costs of the following:	63252

(1) The purchase of material, supplies, and equipment used in	63253
any library program, educational program, religious program,	63254
recreational program, or pre-release program operated by the	63255
department for the benefit of prisoners;	63256

(2) The construction, alteration, repair, or reconstruction	63257
of buildings and structures owned by the department for use in any	63258
library program, educational program, religious program,	63259
recreational program, or pre-release program operated by the	63260
department for the benefit of prisoners;	63261

(3) The payment of salary, wages, and other compensation to	63262
employees of the department who are employed in any library	63263
program, educational program, religious program, recreational	63264
program, or pre-release program operated by the department for the	63265
benefit of prisoners;	63266

(4) The compensation to vendors that contract with the	63267
department for the provision of services for the benefit of	63268
prisoners in any library program, educational program, religious	63269
program, recreational program, or pre-release program operated by	63270
the department;	63271

(5) The payment of prisoner release payments in an	63272
appropriate amount as determined pursuant to rule;	63273

(6) The purchase of other goods and the payment of other	63274
services that are determined, in the discretion of the director,	63275
to be goods and services that may provide additional benefit to	63276
prisoners.	63277

(B) The director shall establish rules for the operation of	63278
the prisoner programs fund.	63279

Sec. 5120.66. (A) Within ninety days after November 23,	63280
2005, but not before January 1, 2006, the department of	63281
rehabilitation and correction shall establish and operate on the	63282
internet a database that contains all of the following:	63283

(1) For each inmate in the custody of the department under a	63284
sentence imposed for a conviction of or plea of guilty to any	63285
offense, all of the following information:	63286

(a) The inmate's name;

63287

(b) For each offense for which the inmate was sentenced to a	63288
prison term or term of imprisonment and is in the department's	63289
custody, the name of the offense, the Revised Code section of	63290
which the offense is a violation, the gender of each victim of the	63291
offense if those facts are known, whether each victim of the	63292
offense was an adult or child if those facts are known, the range	63293
of the possible prison terms or term of imprisonment that could	63294
have been imposed for the offense, the actual prison term or term	63295
of imprisonment imposed for the offense, the county in which the	63296
offense was committed, the date on which the inmate began serving	63297
the prison term or term of imprisonment imposed for the offense,	63298
and either the date on which the inmate will be eligible for	63299
parole relative to the offense if the prison term or term of	63300
imprisonment is an indefinite term or life term or the date on	63301
which the term ends if the prison term is a definite term;	63302

(c) All of the following information that is applicable	63303
regarding the inmate:	63304

(i) If known to the department prior to the conduct of any	63305
hearing for judicial release of the defendant pursuant to section	63306
2929.20 of the Revised Code in relation to any prison term or term	63307
of imprisonment the inmate is serving for any offense or any	63308
hearing for release of the defendant pursuant to section 2967.19	63309
of the Revised Code in relation to any such term, notice of the	63310
fact that the inmate will be having a hearing regarding a possible	63311
grant of judicial release or release, the date of the hearing, and	63312
the right of any person pursuant to division (J) of section	63313
2929.20 or division (H) of section 2967.19 of the Revised Code,	63314
whichever is applicable, to submit to the court a written	63315
statement regarding the possible judicial release or release. The	63316
department also shall post notice of the ~~filing~~submission to a	63317
sentencing court of any ~~petition~~recommendation for early release	63318
of the inmate pursuant to section 2967.19 of the Revised Code, as	63319
required by division (E) of that section.	63320

(ii) If the inmate is serving a prison term pursuant to	63321
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	63322
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	63323
Code, prior to the conduct of any hearing pursuant to section	63324
2971.05 of the Revised Code to determine whether to modify the	63325
requirement that the inmate serve the entire prison term in a	63326
state correctional facility in accordance with division (C) of	63327
that section, whether to continue, revise, or revoke any existing	63328
modification of that requirement, or whether to terminate the	63329
prison term in accordance with division (D) of that section,	63330
notice of the fact that the inmate will be having a hearing	63331
regarding those determinations and of the date of the hearing;	63332

(iii) At least three weeks before the adult parole authority	63333
recommends a pardon or commutation of sentence for the inmate or	63334
at least three weeks prior to a hearing before the adult parole	63335
authority regarding a grant of parole to the inmate in relation to	63336
any prison term or term of imprisonment the inmate is serving for	63337
any offense, notice of the fact that the inmate might be under	63338
consideration for a pardon or commutation of sentence or will be	63339
having a hearing regarding a possible grant of parole, of the date	63340
of any hearing regarding a possible grant of parole, and of the	63341
right of any person to submit a written statement regarding the	63342
pending action;	63343

(iv) At least three weeks before the inmate is transferred to	63344
transitional control under section 2967.26 of the Revised Code in	63345
relation to any prison term or term of imprisonment the inmate is	63346
serving for any offense, notice of the pendency of the transfer,	63347
of the date of the possible transfer, and of the right of any	63348
person to submit a statement regarding the possible transfer;	63349

(v) Prompt notice of the inmate's escape from any facility in	63350
which the inmate was incarcerated and of the capture of the inmate	63351
after an escape;	63352

(vi) Notice of the inmate's death while in confinement;

63353

(vii) Prior to the release of the inmate from confinement,	63354
notice of the fact that the inmate will be released, of the date	63355
of the release, and, if applicable, of the standard terms and	63356
conditions of the release;	63357

(viii) Notice of the inmate's judicial release pursuant to	63358
section 2929.20 of the Revised Code or release pursuant to section	63359
2967.19 of the Revised Code.	63360

(2) Information as to where a person can send written	63361
statements of the types referred to in divisions (A)(1)(c)(i),	63362
(iii), and (iv) of this section.	63363

(B)(1) The department shall update the database required	63364
under division (A) of this section every twenty-four hours to	63365
ensure that the information it contains is accurate and current.	63366

(2) The database required under division (A) of this section	63367
is a public record open for inspection under section 149.43 of the	63368
Revised Code. The department shall make the database searchable by	63369
inmate name and by the county and zip code where the offender	63370
intends to reside after release from a state correctional	63371
institution if this information is known to the department.	63372

(3) The database required under division (A) of this section	63373
may contain information regarding inmates who are listed in the	63374
database in addition to the information described in that	63375
division.	63376

(4) No information included on the database required under	63377
division (A) of this section shall identify or enable the	63378
identification of any victim of any offense committed by an	63379
inmate.	63380

(C) The failure of the department to comply with the	63381
requirements of division (A) or (B) of this section does not give	63382
any rights or any grounds for appeal or post-conviction relief to	63383
any inmate.	63384

(D) This section, and the related provisions of sections	63385
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	63386
in the act in which this section was enacted, shall be known as	63387
"Laura's Law."	63388

Sec. 5122.31. (A) All certificates, applications, records,	63389
and reports made for the purpose of this chapter and sections	63390
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	63391
Code, other than court journal entries or court docket entries,	63392
and directly or indirectly identifying a patient or former patient	63393
or person whose hospitalization has been sought under this	63394
chapter, shall be kept confidential and shall not be disclosed by	63395
any person except:	63396

(1) If the person identified, or the person's legal guardian,	63397
if any, or if the person is a minor, the person's parent or legal	63398
guardian, consents, and if the disclosure is in the best interests	63399
of the person, as may be determined by the court for judicial	63400
records and by the chief clinical officer for medical records;	63401

(2) When disclosure is provided for in this chapter or	63402
section 5123.60 of the Revised Code;	63403

(3) That hospitals, boards of alcohol, drug addiction, and	63404
mental health services, and community mental health agencies may	63405
release necessary medical information to insurers and other	63406
third-party payers, including government entities responsible for	63407
processing and authorizing payment, to obtain payment for goods	63408
and services furnished to the patient;	63409

(4) Pursuant to a court order signed by a judge;

63410

(5) That a patient shall be granted access to the patient's	63411
own psychiatric and medical records, unless access specifically is	63412
restricted in a patient's treatment plan for clear treatment	63413
reasons;	63414

(6) That hospitals and other institutions and facilities	63415
within the department of mental health may exchange psychiatric	63416
records and other pertinent information with other hospitals,	63417
institutions, and facilities of the department, and with community	63418
mental health agencies and boards of alcohol, drug addiction, and	63419
mental health services with which the department has a current	63420
agreement for patient care or services. Records and information	63421
that may be released pursuant to this division shall be limited to	63422
medication history, physical health status and history, financial	63423
status, summary of course of treatment in the hospital, summary of	63424
treatment needs, and a discharge summary, if any.	63425

(7) That hospitals within the department, other institutions	63426
and facilities within the department, hospitals licensed by the	63427
department under section 5119.20 of the Revised Code, and	63428
community mental health agencies may exchange psychiatric records	63429
and other pertinent information with payers and other providers of	63430
treatment and health services if the purpose of the exchange is to	63431
facilitate continuity of care for a patient;	63432

(8) That a patient's family member who is involved in the	63433
provision, planning, and monitoring of services to the patient may	63434
receive medication information, a summary of the patient's	63435
diagnosis and prognosis, and a list of the services and personnel	63436
available to assist the patient and the patient's family, if the	63437
patient's treating physician determines that the disclosure would	63438
be in the best interests of the patient. No such disclosure shall	63439
be made unless the patient is notified first and receives the	63440
information and does not object to the disclosure.	63441

(9) That community mental health agencies may exchange	63442
psychiatric records and certain other information with the board	63443
of alcohol, drug addiction, and mental health services and other	63444
agencies in order to provide services to a person involuntarily	63445
committed to a board. Release of records under this division shall	63446
be limited to medication history, physical health status and	63447
history, financial status, summary of course of treatment, summary	63448
of treatment needs, and discharge summary, if any.	63449

(10) That information may be disclosed to the executor or the	63450
administrator of an estate of a deceased patient when the	63451
information is necessary to administer the estate;	63452

(11) That records in the possession of the Ohio historical	63453
society may be released to the closest living relative of a	63454
deceased patient upon request of that relative;	63455

(12) That information may be disclosed to staff members of	63456
the appropriate board or to staff members designated by the	63457
director of mental health for the purpose of evaluating the	63458
quality, effectiveness, and efficiency of services and determining	63459
if the services meet minimum standards. Information obtained	63460
during such evaluations shall not be retained with the name of any	63461
patient.	63462

(13) That records pertaining to the patient's diagnosis,	63463
course of treatment, treatment needs, and prognosis shall be	63464
disclosed and released to the appropriate prosecuting attorney if	63465
the patient was committed pursuant to section 2945.38, 2945.39,	63466
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	63467
attorney designated by the board for proceedings pursuant to	63468
involuntary commitment under this chapter.	63469

(14) That the department of mental health may exchange	63470
psychiatric hospitalization records, other mental health treatment	63471
records, and other pertinent information with the department of	63472
rehabilitation and correction to ensure continuity of care for	63473
inmates who are receiving mental health services in an institution	63474
of the department of rehabilitation and correction and may	63475
exchange psychiatric hospitalization records, other mental health	63476
treatment records, and other pertinent information with boards of	63477
alcohol, drug addiction, and mental health services and community	63478
mental health agencies to ensure continuity of care for inmates or	63479
offenders who are receiving mental health services in an	63480
institution and are scheduled for release within six months. ~~The~~	63481
~~department shall not disclose those records unless the inmate is~~	63482
~~notified, receives the information, and does not object to the~~	63483
~~disclosure.~~ The release of records under this division is limited	63484
to records regarding an inmate's or offender's medication history,	63485
physical health status and history, summary of course of	63486
treatment, summary of treatment needs, and a discharge summary, if	63487
any.	63488

(15) That a community mental health agency that ceases to	63489
operate may transfer to either a community mental health agency	63490
that assumes its caseload or to the board of alcohol, drug	63491
addiction, and mental health services of the service district in	63492
which the patient resided at the time services were most recently	63493
provided any treatment records that have not been transferred	63494
elsewhere at the patient's request.	63495

(B) Before records are disclosed pursuant to divisions	63496
(A)(3), (6), ~~(7),~~ and (9) of this section, the custodian of the	63497
records shall attempt to obtain the patient's consent for the	63498
disclosure. No person shall reveal the contents of a medical	63499
record of a patient except as authorized by law.	63500

(C) The managing officer of a hospital who releases necessary	63501
medical information under division (A)(3) of this section to allow	63502
an insurance carrier or other third party payor to comply with	63503
section 5121.43 of the Revised Code shall neither be subject to	63504
criminal nor civil liability.	63505

Sec. 5123.01. As used in this chapter:

63506

(A) "Chief medical officer" means the licensed physician	63507
appointed by the managing officer of an institution for the	63508
mentally retarded with the approval of the director of	63509
developmental disabilities to provide medical treatment for	63510
residents of the institution.	63511

(B) "Chief program director" means a person with special	63512
training and experience in the diagnosis and management of the	63513
mentally retarded, certified according to division (C) of this	63514
section in at least one of the designated fields, and appointed by	63515
the managing officer of an institution for the mentally retarded	63516
with the approval of the director to provide habilitation and care	63517
for residents of the institution.	63518

(C) "Comprehensive evaluation" means a study, including a	63519
sequence of observations and examinations, of a person leading to	63520
conclusions and recommendations formulated jointly, with	63521
dissenting opinions if any, by a group of persons with special	63522
training and experience in the diagnosis and management of persons	63523
with mental retardation or a developmental disability, which group	63524
shall include individuals who are professionally qualified in the	63525
fields of medicine, psychology, and social work, together with	63526
such other specialists as the individual case may require.	63527

(D) "Education" means the process of formal training and	63528
instruction to facilitate the intellectual and emotional	63529
development of residents.	63530

(E) "Habilitation" means the process by which the staff of	63531
the institution assists the resident in acquiring and maintaining	63532
those life skills that enable the resident to cope more	63533
effectively with the demands of the resident's own person and of	63534
the resident's environment and in raising the level of the	63535
resident's physical, mental, social, and vocational efficiency.	63536
Habilitation includes but is not limited to programs of formal,	63537
structured education and training.	63538

(F) "Health officer" means any public health physician,	63539
public health nurse, or other person authorized or designated by a	63540
city or general health district.	63541

(G) "Home and community-based services" means medicaid-funded	63542
home and community-based services specified in division (B)(1) of	63543
section 5111.87 of the Revised Code provided under the medicaid	63544
waiver components the department of developmental disabilities	63545
administers pursuant to section 5111.871 of the Revised Code.	63546
~~However~~Except as provided in section 5123.0412 of the Revised	63547
Code, home and community-based services provided under the	63548
medicaid waiver component known as the transitions developmental	63549
disabilities waiver are to be considered to be home and	63550
community-based services for the purposes of this chapter only to	63551
the extent, if any, provided by the contract required by section	63552
5111.871 of the Revised Code regarding the waiver.	63553

(H) "Indigent person" means a person who is unable, without	63554
substantial financial hardship, to provide for the payment of an	63555
attorney and for other necessary expenses of legal representation,	63556
including expert testimony.	63557

(I) "Institution" means a public or private facility, or a	63558
part of a public or private facility, that is licensed by the	63559
appropriate state department and is equipped to provide	63560
residential habilitation, care, and treatment for the mentally	63561
retarded.	63562

(J) "Licensed physician" means a person who holds a valid	63563
certificate issued under Chapter 4731. of the Revised Code	63564
authorizing the person to practice medicine and surgery or	63565
osteopathic medicine and surgery, or a medical officer of the	63566
government of the United States while in the performance of the	63567
officer's official duties.	63568

(K) "Managing officer" means a person who is appointed by the	63569
director of developmental disabilities to be in executive control	63570
of an institution for the mentally retarded under the jurisdiction	63571
of the department.	63572

(L) "Medicaid" has the same meaning as in section 5111.01 of	63573
the Revised Code.	63574

(M) "Medicaid case management services" means case management	63575
services provided to an individual with mental retardation or	63576
other developmental disability that the state medicaid plan	63577
requires.	63578

(N) "Mentally retarded person" means a person having	63579
significantly subaverage general intellectual functioning existing	63580
concurrently with deficiencies in adaptive behavior, manifested	63581
during the developmental period.	63582

(O) "Mentally retarded person subject to institutionalization	63583
by court order" means a person eighteen years of age or older who	63584
is at least moderately mentally retarded and in relation to whom,	63585
because of the person's retardation, either of the following	63586
conditions exist:	63587

(1) The person represents a very substantial risk of physical	63588
impairment or injury to self as manifested by evidence that the	63589
person is unable to provide for and is not providing for the	63590
person's most basic physical needs and that provision for those	63591
needs is not available in the community;	63592

(2) The person needs and is susceptible to significant	63593
habilitation in an institution.	63594

(P) "A person who is at least moderately mentally retarded"	63595
means a person who is found, following a comprehensive evaluation,	63596
to be impaired in adaptive behavior to a moderate degree and to be	63597
functioning at the moderate level of intellectual functioning in	63598
accordance with standard measurements as recorded in the most	63599
current revision of the manual of terminology and classification	63600
in mental retardation published by the American association on	63601
mental retardation.	63602

(Q) As used in this division, "substantial functional	63603
limitation," "developmental delay," and "established risk" have	63604
the meanings established pursuant to section 5123.011 of the	63605
Revised Code.	63606

"Developmental disability" means a severe, chronic disability	63607
that is characterized by all of the following:	63608

(1) It is attributable to a mental or physical impairment or	63609
a combination of mental and physical impairments, other than a	63610
mental or physical impairment solely caused by mental illness as	63611
defined in division (A) of section 5122.01 of the Revised Code.	63612

(2) It is manifested before age twenty-two.

63613

(3) It is likely to continue indefinitely.

63614

(4) It results in one of the following:

63615

(a) In the case of a person under three years of age, at	63616
least one developmental delay or an established risk;	63617

(b) In the case of a person at least three years of age but	63618
under six years of age, at least two developmental delays or an	63619
established risk;	63620

(c) In the case of a person six years of age or older, a	63621
substantial functional limitation in at least three of the	63622
following areas of major life activity, as appropriate for the	63623
person's age: self-care, receptive and expressive language,	63624
learning, mobility, self-direction, capacity for independent	63625
living, and, if the person is at least sixteen years of age,	63626
capacity for economic self-sufficiency.	63627

(5) It causes the person to need a combination and sequence	63628
of special, interdisciplinary, or other type of care, treatment,	63629
or provision of services for an extended period of time that is	63630
individually planned and coordinated for the person.	63631

(R) "Developmentally disabled person" means a person with a	63632
developmental disability.	63633

(S) "State institution" means an institution that is	63634
tax-supported and under the jurisdiction of the department.	63635

(T) "Residence" and "legal residence" have the same meaning	63636
as "legal settlement," which is acquired by residing in Ohio for a	63637
period of one year without receiving general assistance prior to	63638
July 17, 1995, under former Chapter 5113. of the Revised Code,	63639
financial assistance under Chapter 5115. of the Revised Code, or	63640
assistance from a private agency that maintains records of	63641
assistance given. A person having a legal settlement in the state	63642
shall be considered as having legal settlement in the assistance	63643
area in which the person resides. No adult person coming into this	63644
state and having a spouse or minor children residing in another	63645
state shall obtain a legal settlement in this state as long as the	63646
spouse or minor children are receiving public assistance, care, or	63647
support at the expense of the other state or its subdivisions. For	63648
the purpose of determining the legal settlement of a person who is	63649
living in a public or private institution or in a home subject to	63650
licensing by the department of job and family services, the	63651
department of mental health, or the department of developmental	63652
disabilities, the residence of the person shall be considered as	63653
though the person were residing in the county in which the person	63654
was living prior to the person's entrance into the institution or	63655
home. Settlement once acquired shall continue until a person has	63656
been continuously absent from Ohio for a period of one year or has	63657
acquired a legal residence in another state. A woman who marries a	63658
man with legal settlement in any county immediately acquires the	63659
settlement of her husband. The legal settlement of a minor is that	63660
of the parents, surviving parent, sole parent, parent who is	63661
designated the residential parent and legal custodian by a court,	63662
other adult having permanent custody awarded by a court, or	63663
guardian of the person of the minor, provided that:	63664

(1) A minor female who marries shall be considered to have	63665
the legal settlement of her husband and, in the case of death of	63666
her husband or divorce, she shall not thereby lose her legal	63667
settlement obtained by the marriage.	63668

(2) A minor male who marries, establishes a home, and who has	63669
resided in this state for one year without receiving general	63670
assistance prior to July 17, 1995, under former Chapter 5113. of	63671
the Revised Code, financial assistance under Chapter 5115. of the	63672
Revised Code, or assistance from a private agency that maintains	63673
records of assistance given shall be considered to have obtained a	63674
legal settlement in this state.	63675

(3) The legal settlement of a child under eighteen years of	63676
age who is in the care or custody of a public or private child	63677
caring agency shall not change if the legal settlement of the	63678
parent changes until after the child has been in the home of the	63679
parent for a period of one year.	63680

No person, adult or minor, may establish a legal settlement	63681
in this state for the purpose of gaining admission to any state	63682
institution.	63683

(U)(1) "Resident" means, subject to division (R)(2) of this	63684
section, a person who is admitted either voluntarily or	63685
involuntarily to an institution or other facility pursuant to	63686
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	63687
Code subsequent to a finding of not guilty by reason of insanity	63688
or incompetence to stand trial or under this chapter who is under	63689
observation or receiving habilitation and care in an institution.	63690

(2) "Resident" does not include a person admitted to an	63691
institution or other facility under section 2945.39, 2945.40,	63692
2945.401, or 2945.402 of the Revised Code to the extent that the	63693
reference in this chapter to resident, or the context in which the	63694
reference occurs, is in conflict with any provision of sections	63695
2945.37 to 2945.402 of the Revised Code.	63696

(V) "Respondent" means the person whose detention,	63697
commitment, or continued commitment is being sought in any	63698
proceeding under this chapter.	63699

(W) "Working day" and "court day" mean Monday, Tuesday,	63700
Wednesday, Thursday, and Friday, except when such day is a legal	63701
holiday.	63702

(X) "Prosecutor" means the prosecuting attorney, village	63703
solicitor, city director of law, or similar chief legal officer	63704
who prosecuted a criminal case in which a person was found not	63705
guilty by reason of insanity, who would have had the authority to	63706
prosecute a criminal case against a person if the person had not	63707
been found incompetent to stand trial, or who prosecuted a case in	63708
which a person was found guilty.	63709

(Y) "Court" means the probate division of the court of common	63710
pleas.	63711

(Z) "Supported living" and "residential services" have the	63712
same meanings as in section 5126.01 of the Revised Code.	63713

Sec. 5123.033. The program fee fund is hereby created in the	63714
state treasury. All fees collected pursuant to sections 5123.161,	63715
5123.164, and 5123.19~~, and 5126.25~~ of the Revised Code shall be	63716
credited to the fund. Money credited to the fund shall be used	63717
solely for the department of developmental disabilities' duties	63718
under sections 5123.16 to ~~5123.169~~5123.1610, and 5123.19~~, and~~	63719
~~5126.25~~ of the Revised Code and to provide continuing education	63720
and professional training to ~~employees of county boards of~~	63721
~~developmental disabilities for the purpose of section 5126.25 of~~	63722
~~the Revised Code and other~~ providers of services to individuals	63723
with mental retardation or a developmental disability. If the	63724
money credited to the fund is inadequate to pay all of the	63725
department's costs in performing those duties and providing the	63726
continuing education and professional training, the department may	63727
use other available funds appropriated to the department to pay	63728
the remaining costs of performing those duties and providing the	63729
continuing education and professional training.	63730

Sec. 5123.042. ~~(A) The~~Except as provided in section	63731
5123.197 of the Revised Code, each person or government entity	63732
seeking to develop new or modify existing residential services	63733
shall submit to the department of developmental disabilities a	63734
plan for the development or modification. The department shall	63735
approve a plan that is submitted in accordance with rules adopted	63736
under this section and meets the uniform standards for plans	63737
established in those rules.	63738

The director of developmental disabilities shall adopt rules	63739
in accordance with Chapter 119. of the Revised Code establishing	63740
the following:	63741

~~(1)~~(A) Procedures for submitting plans under this section;

63742

(B) Uniform standards ~~under which:~~

63743

~~(a) A person or agency shall submit plans to the county board~~	63744
~~of developmental disabilities for the development of residential~~	63745
~~services for individuals with mental retardation or a~~	63746
~~developmental disability within the county;~~	63747

~~(b) The county board must review the plans and recommend~~	63748
~~providers for the services~~for the plans.	63749

~~(2) The eligibility criteria for selecting persons and~~	63750
~~agencies to provide residential services, which shall take into~~	63751
~~consideration the recommendations of the county board.~~	63752

~~(B) The county board, in accordance with its comprehensive~~	63753
~~service plan, shall review all proposals for the development of~~	63754
~~residential services that are submitted to it and shall, if the~~	63755
~~proposals are acceptable to the county board, recommend providers~~	63756
~~for the development of residential services within the county. The~~	63757
~~department shall approve proposals for the development of~~	63758
~~residential services within counties based upon the availability~~	63759
~~of funds and in accordance with rules adopted under division~~	63760
~~(A)(2) of this section.~~	63761

~~No county board shall recommend providers for the development~~	63762
~~of residential services if the county board is an applicant to~~	63763
~~provide services. In cases of possible conflict of interest, the~~	63764
~~director shall appoint a committee that shall, in accordance with~~	63765
~~the approved county comprehensive service plan, review and~~	63766
~~recommend to the director providers for the services.~~	63767

~~If a county board fails to establish an approved~~	63768
~~comprehensive service plan, the director may establish residential~~	63769
~~services development goals for the county board based on~~	63770
~~documented need as determined by the department. If a county board~~	63771
~~fails to develop or implement such a plan in accordance with the~~	63772
~~rules adopted under this section, the department may, without the~~	63773
~~involvement of the county board, review and select providers for~~	63774
~~the development of residential services in the county.~~	63775

Sec. 5123.044. The department of developmental disabilities	63776
shall determine whether county boards of developmental	63777
disabilities ~~are in compliance with~~violate the rights that	63778
individuals with mental retardation or other developmental	63779
disabilities have under section 5126.046 of the Revised Code to	63780
obtain home and community-based services, nonmedicaid residential	63781
services, or nonmedicaid supported living from qualified and	63782
willing providers. The department shall provide assistance to an	63783
individual with mental retardation or other developmental	63784
disability who requests assistance with the individual's ~~right~~	63785
rights under that section ~~5126.046 of the Revised Code to choose a~~	63786
~~provider of habilitation, vocational, community employment,~~	63787
~~residential, or supported living services~~ if the department is	63788
notified of a county board's alleged violation of the individual's	63789
~~right to choose such a provider~~rights under that section.	63790

Sec. 5123.0412. (A) The department of developmental	63791
disabilities shall charge each county board of developmental	63792
disabilities an annual fee equal to one and one-quarter per cent	63793
of the total value of all medicaid paid claims for home and	63794
community-based services provided during the year to an individual	63795
eligible for services from the county board. However, the	63796
department shall not charge the fee for home and community-based	63797
services provided under the medicaid waiver component known as the	63798
transitions developmental disabilities waiver. No county board	63799
shall pass the cost of a fee charged to the county board under	63800
this section on to another provider of these services.	63801

(B) The fees collected under this section shall be deposited	63802
into the ODDD administration and oversight fund and the ODJFS	63803
administration and oversight fund, both of which are hereby	63804
created in the state treasury. The portion of the fees to be	63805
deposited into the ODDD administration and oversight fund and the	63806
portion of the fees to be deposited into the ODJFS administration	63807
and oversight fund shall be the portion specified in an	63808
interagency agreement entered into under division (C) of this	63809
section. The department of developmental disabilities shall use	63810
the money in the ODDD administration and oversight fund and the	63811
department of job and family services shall use the money in the	63812
ODJFS administration and oversight fund for both of the following	63813
purposes:	63814

(1) Medicaid administrative costs, including administrative	63815
and oversight costs of medicaid case management services and home	63816
and community-based services. The administrative and oversight	63817
costs of medicaid case management services and home and	63818
community-based services shall include costs for staff, systems,	63819
and other resources the departments need and dedicate solely to	63820
the following duties associated with the services:	63821

(a) Eligibility determinations;

63822

(b) Training;

63823

63824

(d) Claims processing;

63825

(e) Quality assurance oversight;

63826

(f) Other duties the departments identify.

63827

(2) Providing technical support to county boards' local	63828
administrative authority under section 5126.055 of the Revised	63829
Code for the services.	63830

(C) The departments of developmental disabilities and job and	63831
family services shall enter into an interagency agreement to do	63832
both of the following:	63833

(1) Specify which portion of the fees collected under this	63834
section is to be deposited into the ODDD administration and	63835
oversight fund and which portion is to be deposited into the ODJFS	63836
administration and oversight fund;	63837

(2) Provide for the departments to coordinate the staff whose	63838
costs are paid for with money in the ODDD administration and	63839
oversight fund and the ODJFS administration and oversight fund.	63840

(D) The departments shall submit an annual report to the	63841
director of budget and management certifying how the departments	63842
spent the money in the ODDD administration and oversight fund and	63843
the ODJFS administration and oversight fund for the purposes	63844
specified in division (B) of this section.	63845

Sec. 5123.0414. (A) When the director of developmental	63846
disabilities, under section 119.07 of the Revised Code, sends a	63847
party a notice by registered mail, return receipt requested, that	63848
the director intends to take action against the party authorized	63849
by section ~~5123.082,~~ 5123.166, 5123.168, 5123.19, 5123.45,	63850
5123.51, or 5126.25 of the Revised Code and the notice is returned	63851
to the director with an endorsement indicating that the notice was	63852
refused or unclaimed, the director shall resend the notice by	63853
ordinary mail to the party.	63854

(B) If the original notice was refused, the notice shall be	63855
deemed received as of the date the director resends the notice.	63856

(C) If the original notice was unclaimed, the notice shall be	63857
deemed received as of the date the director resends the notice	63858
unless, not later than thirty days after the date the director	63859
sent the original notice, the resent notice is returned to the	63860
director for failure of delivery.	63861

If the notice concerns taking action under section 5123.51 of	63862
the Revised Code and the resent notice is returned to the director	63863
for failure of delivery not later than thirty days after the date	63864
the director sent the original notice, the director shall cause	63865
the notice to be published in a newspaper of general circulation	63866
in the county of the party's last known residence or business and	63867
shall mail a dated copy of the published notice to the party at	63868
the last known address. The notice shall be deemed received as of	63869
the date of the publication.	63870

If the notice concerns taking action under section ~~5123.082,~~	63871
5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised	63872
Code and the resent notice is returned to the director for failure	63873
of delivery not later than thirty days after the date the director	63874
sent the original notice, the director shall resend the notice to	63875
the party a second time. The notice shall be deemed received as of	63876
the date the director resends the notice the second time.	63877

Sec. 5123.0415. ~~As used in this section, "license" means a~~	63878
~~license, certificate, or evidence of registration.~~	63879

Each person and each government entity that applies for or	63880
holds a valid license, certification, or registration issued under	63881
section ~~5123.082,~~ 5123.161, 5123.19, 5123.45, or 5126.25~~, or~~	63882
~~5126.252~~ of the Revised Code shall notify the director of	63883
developmental disabilities of any change in the ~~person~~person's	63884
or government entity's address.	63885

Sec. 5123.081. (A) As used in this section:

63886

(1)(a) "Applicant" means aany of the following:

63887

(i) A person who is under final consideration for appointment	63888
to or employment with the department of developmental	63889
disabilities~~, including, but not limited to, a~~or a county board	63890
of developmental disabilities;	63891

(ii) A person who is being transferred to the department ~~and~~	63892
anor a county board;	63893

(iii) An employee who is being recalled to or reemployed by	63894
the department or a county board after a layoff;	63895

(iv) A person under final consideration for a direct services	63896
position with a provider or subcontractor.	63897

(b) Neither of the following is an applicant:

63898

(i) A person who is employed by a responsible entity in a	63899
position for which a criminal records check is required by this	63900
section and either is being considered for a different position	63901
with the responsible entity or is returning after a leave of	63902
absence or seasonal break in employment, unless the responsible	63903
entity has reason to believe that the person has committed a	63904
disqualifying offense;	63905

(ii) A person who is to provide only respite care under a	63906
family support services program established under section 5126.11	63907
of the Revised Code if a family member of the individual with	63908
mental retardation or a developmental disability who is to receive	63909
the respite care selects the person.	63910

(2) "Criminal records check" has the same meaning as in	63911
section 109.572 of the Revised Code.	63912

(3) "Direct services position" means an employment position	63913
in which the employee has the opportunity to be alone with or	63914
exercises supervision or control over one or more individuals with	63915
mental retardation or a developmental disability.	63916

(4) "Disqualifying offense" means any of the offenses listed	63917
or described in divisions (A)(3)(a) to (e) of section 109.572 of	63918
the Revised Code.	63919

(5)(a) "Employee" means either of the following:

63920

(i) A person appointed to or employed by the department of	63921
developmental disabilities or a county board of developmental	63922
disabilities;	63923

(ii) A person employed in a direct services position by a	63924
provider or subcontractor.	63925

(b) "Employee" does not mean a person who provides only	63926
respite care under a family support services program established	63927
under section 5126.11 of the Revised Code if a family member of	63928
the individual with mental retardation or a developmental	63929
disability who receives the respite care selected the person.	63930

(6) "Minor drug possession offense" has the same meaning as	63931
in section 2925.01 of the Revised Code.	63932

(7) "Provider" means a person that provides specialized	63933
services to individuals with mental retardation or a developmental	63934
disability and employs one or more persons in direct services	63935
positions.	63936

(8) "Responsible entity" means the following:

63937

(a) The department of developmental disabilities in the case	63938
of either of the following:	63939

(i) A person who is an applicant because the person is under	63940
final consideration for appointment to or employment with the	63941
department, being transferred to the department, or being recalled	63942
to or reemployed by the department after a layoff;	63943

(ii) A person who is an employee because the person is	63944
appointed to or employed by the department.	63945

(b) A county board of developmental disabilities in the case	63946
of either of the following:	63947

(i) A person who is an applicant because the person is under	63948
final consideration for appointment to or employment with the	63949
county board, being transferred to the county board, or being	63950
recalled to or reemployed by the county board after a layoff;	63951

(ii) A person who is an employee because the person is	63952
appointed to or employed by the county board.	63953

63954

(i) A person who is an applicant because the person is under	63955
final consideration for a direct services position with the	63956
provider;	63957

(ii) A person who is an employee because the person is	63958
employed in a direct services position by the provider.	63959

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

63960

(i) A person who is an applicant because the person is under	63961
final consideration for a direct services position with the	63962
subcontractor;	63963

(ii) A person who is an employee because the person is	63964
employed in a direct services position by the subcontractor.	63965

(9) "Specialized services" means any program or service	63966
designed and operated to serve primarily individuals with mental	63967
retardation or a developmental disability, including a program or	63968
service provided by an entity licensed or certified by the	63969
department of developmental disabilities. If there is a question	63970
as to whether a provider or subcontractor is providing specialized	63971
services, the provider or subcontractor may request that the	63972
director of developmental disabilities make a determination. The	63973
director's determination is final.	63974

(10) "Subcontractor" means a person to which both of the	63975
following apply:	63976

(a) The person has either of the following:

63977

(i) A subcontract with a provider to provide specialized	63978
services included in the contract between the provider and the	63979
department of developmental disabilities or a county board of	63980
developmental disabilities;	63981

(ii) A subcontract with another subcontractor to provide	63982
specialized services included in a subcontract between the other	63983
subcontractor and a provider or other subcontractor.	63984

(b) The person employs one or more persons in direct services	63985
positions.	63986

(B) ~~The director of developmental disabilities~~A responsible	63987
entity shall not employ an applicant or continue to employ an	63988
employee if either of the following applies:	63989

(1) The applicant or employee fails to comply with division	63990
(D)(3) of this section.	63991

(2) Except as provided in rules adopted under this section,	63992
the applicant or employee is found by a criminal records check	63993
required by this section to have been convicted of, pleaded guilty	63994
to, or been found eligible for intervention in lieu of conviction	63995
for a disqualifying offense.	63996

(C) Before employing an applicant in a position for which a	63997
criminal records check is required by this section, a responsible	63998
entity shall require the applicant to submit a statement with the	63999
applicant's signature attesting that the applicant has not been	64000
convicted of, pleaded guilty to, or been found eligible for	64001
intervention in lieu of conviction for a disqualifying offense.	64002
The responsible entity also shall require the applicant to sign an	64003
agreement under which the applicant agrees to notify the	64004
responsible entity within fourteen calendar days if, while	64005
employed by the responsible entity, the applicant is formally	64006
charged with, is convicted of, pleads guilty to, or is found	64007
eligible for intervention in lieu of conviction for a	64008
disqualifying offense. The agreement shall provide that the	64009
applicant's failure to provide the notification may result in	64010
termination of the applicant's employment.	64011

(D)(1) As a condition of employing any applicant in a	64012
position for which a criminal records check is required by this	64013
section, a responsible entity shall request the superintendent of	64014
the bureau of criminal identification and investigation to conduct	64015
a criminal records check ~~with respect to each applicant, except~~	64016
~~that the director is not required to request a criminal records~~	64017
~~check for an employee of the department who is being considered~~	64018
~~for a different position or is returning after a leave of absence~~	64019
~~or seasonal break in employment, as long as the director has no~~	64020
~~reason to believe that the employee has committed any of the~~	64021
~~offenses listed or described in division (E) of this section.~~	64022

~~If the~~of the applicant. If rules adopted under this section	64023
require an employee to undergo a criminal records check, a	64024
responsible entity shall request the superintendent to conduct a	64025
criminal records check of the employee at times specified in the	64026
rules as a condition of the responsible entity's continuing to	64027
employ the employee in a position for which a criminal records	64028
check is required by this section. If an applicant or employee	64029
does not present proof that the applicant or employee has been a	64030
resident of this state for the five-year period immediately prior	64031
to the date upon which the criminal records check is requested,	64032
the ~~director~~responsible entity shall request that the	64033
superintendent ~~of the bureau~~ obtain information from the federal	64034
bureau of investigation as a part of the criminal records check	64035
~~for the applicant~~. If the applicant or employee presents proof	64036
that the applicant or employee has been a resident of this state	64037
for that five-year period, the ~~director~~responsible entity may	64038
request that the superintendent ~~of the bureau~~ include information	64039
from the federal bureau of investigation in the criminal records	64040
check. For purposes of this division, an applicant or employee may	64041
provide proof of residency in this state by presenting, with a	64042
notarized statement asserting that the applicant or employee has	64043
been a resident of this state for that five-year period, a valid	64044
driver's license, notification of registration as an elector, a	64045
copy of an officially filed federal or state tax form identifying	64046
the applicant's or employee's permanent residence, or any other	64047
document the ~~director~~responsible entity considers acceptable.	64048

~~(C) The director~~(2) A responsible entity shall ~~provide~~do	64049
all of the following:	64050

(a) Provide to each applicant and employee for whom a	64051
criminal records check is required by this section a copy of the	64052
form prescribed pursuant to division (C)(1) of section 109.572 of	64053
the Revised Code~~, provide to each applicant~~and a standard	64054
impression sheet to obtain fingerprint impressions prescribed	64055
pursuant to division (C)(2) of section 109.572 of the Revised	64056
Code~~, obtain~~;	64057

(b) Obtain the completed form and standard impression sheet	64058
from ~~each~~the applicant~~, and forward~~or employee;	64059

(c) Forward the completed form and standard impression sheet	64060
to the superintendent ~~of the bureau of criminal identification and~~	64061
~~investigation~~ at the time the criminal records check is requested.	64062

(3) Any applicant or employee who receives pursuant to this	64063
division a copy of the form prescribed pursuant to division (C)(1)	64064
of section 109.572 of the Revised Code and a copy of anthe	64065
standard impression sheet prescribed pursuant to division (C)(2)	64066
of that section and who is requested to complete the form and	64067
provide a set of the applicant's or employee's fingerprint	64068
impressions shall complete the form or provide all the information	64069
necessary to complete the form and shall provide the ~~material~~	64070
standard impression sheet with the impressions of the applicant's	64071
or employee's fingerprints. ~~If an applicant, upon request, fails~~	64072
~~to provide the information necessary to complete the form or fails~~	64073
~~to provide impressions of the applicant's fingerprints, the~~	64074
~~director shall not employ the applicant.~~	64075

~~(D) The director~~(4) A responsible entity shall pay to the	64076
bureau of criminal identification and investigation the fee	64077
prescribed pursuant to division (C)(3) of section 109.572 of the	64078
Revised Code for each criminal records check requested and	64079
conducted pursuant to this section.	64080

(E) A responsible entity may request any other state or	64081
federal agency to supply the ~~director~~responsible entity with a	64082
written report regarding the criminal record of ~~each~~an applicant	64083
or employee. ~~With regard to an applicant who becomes a department~~	64084
~~employee, if the~~If an employee holds an occupational or	64085
professional license or other credentials, the ~~director~~	64086
responsible entity may request that the state or federal agency	64087
that regulates the employee's occupation or profession supply the	64088
~~director~~responsible entity with a written report of any	64089
information pertaining to the employee's criminal record that the	64090
agency obtains in the course of conducting an investigation or in	64091
the process of renewing the employee's license or other	64092
credentials. The responsible entity may consider the reports when	64093
determining whether to employ the applicant or to continue to	64094
employ the employee.	64095

~~(E) Except as provided in division (K)(2) of this section and~~	64096
~~in rules adopted by the director in accordance with division (M)~~	64097
~~of this section, the director shall not employ a person to fill a~~	64098
~~position with the department who has been convicted of or pleaded~~	64099
~~guilty to any of the following:~~	64100

~~(1) A violation of section 2903.01, 2903.02, 2903.03,~~	64101
~~2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,~~	64102
~~2903.341, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,~~	64103
~~2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,~~	64104
~~2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,~~	64105
~~2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,~~	64106
~~2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,~~	64107
~~2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of~~	64108
~~section 2905.04 of the Revised Code as it existed prior to July 1,~~	64109
~~1996, a violation of section 2919.23 of the Revised Code that~~	64110
~~would have been a violation of section 2905.04 of the Revised Code~~	64111
~~as it existed prior to July 1, 1996, had the violation occurred~~	64112
~~prior to that date, a violation of section 2925.11 of the Revised~~	64113
~~Code that is not a minor drug possession offense, or felonious~~	64114
~~sexual penetration in violation of former section 2907.12 of the~~	64115
~~Revised Code;~~	64116

~~(2) A felony contained in the Revised Code that is not listed~~	64117
~~in this division, if the felony bears a direct and substantial~~	64118
~~relationship to the duties and responsibilities of the position~~	64119
~~being filled;~~	64120

~~(3) Any offense contained in the Revised Code constituting a~~	64121
~~misdemeanor of the first degree on the first offense and a felony~~	64122
~~on a subsequent offense, if the offense bears a direct and~~	64123
~~substantial relationship to the position being filled and the~~	64124
~~nature of the services being provided by the department;~~	64125

~~(4) A violation of an existing or former municipal ordinance~~	64126
~~or law of this state, any other state, or the United States, if~~	64127
~~the offense is substantially equivalent to any of the offenses~~	64128
~~listed or described in division (E)(1), (2), or (3) of this~~	64129
~~section.~~	64130

(F) ~~Prior to employing an applicant, the director shall~~	64131
~~require the applicant to submit a statement with the applicant's~~	64132
~~signature attesting that the applicant has not been convicted of~~	64133
~~or pleaded guilty to any of the offenses listed or described in~~	64134
~~division (E) of this section. The director also shall require the~~	64135
~~applicant to sign an agreement under which the applicant agrees to~~	64136
~~notify the director within fourteen calendar days if, while~~	64137
~~employed with the department, the applicant is ever formally~~	64138
~~charged with, convicted of, or pleads guilty to any of the~~	64139
~~offenses listed or described in division (E) of this section. The~~	64140
~~agreement shall inform the applicant that failure to report formal~~	64141
~~charges, a conviction, or a guilty plea may result in being~~	64142
~~dismissed from employment.~~As a condition of employing an	64143
applicant in a position for which a criminal records check is	64144
required by this section and that involves transporting	64145
individuals with mental retardation or developmental disabilities	64146
or operating a responsible entity's vehicles for any purpose, the	64147
responsible entity shall obtain the applicant's driving record	64148
from the bureau of motor vehicles. If rules adopted under this	64149
section require a responsible entity to obtain an employee's	64150
driving record, the responsible entity shall obtain the employee's	64151
driving record from the bureau at times specified in the rules as	64152
a condition of continuing to employ the employee. The responsible	64153
entity may consider the applicant's or employee's driving record	64154
when determining whether to employ the applicant or to continue to	64155
employ the employee.	64156

(G) ~~The director shall pay to the bureau of criminal~~	64157
~~identification and investigation the fee prescribed pursuant to~~	64158
~~division (C)(3) of section 109.572 of the Revised Code for each~~	64159
~~criminal records check requested and conducted pursuant to this~~	64160
~~section.~~A responsible entity may employ an applicant	64161
conditionally pending receipt of a report regarding the applicant	64162
requested under this section. The responsible entity shall	64163
terminate the applicant's employment if it is determined from a	64164
report that the applicant failed to inform the responsible entity	64165
that the applicant had been convicted of, pleaded guilty to, or	64166
been found eligible for intervention in lieu of conviction for a	64167
disqualifying offense.	64168

(H) A responsible entity may charge an applicant a fee for	64169
costs the responsible entity incurs in obtaining a report	64170
regarding the applicant under this section if the responsible	64171
entity notifies the applicant of the amount of the fee at the time	64172
of the applicant's initial application for employment and that,	64173
unless the fee is paid, the responsible entity will not consider	64174
the applicant for employment. The fee shall not exceed the amount	64175
of the fee, if any, the responsible entity pays for the report.	64176

(I)(1) Any report obtained pursuant to this section is not a	64177
public record for purposes of section 149.43 of the Revised Code	64178
and shall not be made available to any person, other than the	64179
following:	64180

(a) The applicant or employee who is the subject of the	64181
~~records check or criminal records check~~report or the applicant's	64182
or employee's representative~~, the department~~;	64183

(b) The responsible entity that requested the report or its	64184
representative~~, a county board of developmental disabilities, and~~	64185
~~any~~;	64186

(c) The department if a county board, provider, or	64187
subcontractor is the responsible entity that requested the report	64188
and the department requests the responsible entity to provide a	64189
copy of the report to the department;	64190

(d) A county board if a provider or subcontractor is the	64191
responsible entity that requested the report and the county board	64192
requests the responsible entity to provide a copy of the report to	64193
the county board;	64194

(e) Any court, hearing officer, or other necessary individual	64195
involved in a case dealing with ~~the~~any of the following:	64196

(i) The denial of employment to the applicant or ~~the~~	64197
employee;	64198

(ii) The denial, suspension, or revocation of a certificate	64199
~~or evidence of registration~~ under section ~~5123.082~~5123.166 or	64200
5123.45 of the Revised Code;	64201

(iii) A civil or criminal action regarding the medicaid	64202
program or a program the department administers.	64203

(2) An ~~individual~~applicant or employee for whom ~~the director~~	64204
responsible entity has obtained reports under this section may	64205
submit a written request to the ~~director~~responsible entity to	64206
have copies of the reports sent to any state agency, entity of	64207
local government, or private entity. The ~~individual~~applicant or	64208
employee shall specify in the request the agencies or entities to	64209
which the copies are to be sent. On receiving the request, the	64210
~~director~~responsible entity shall send copies of the reports to	64211
the agencies or entities specified.	64212

~~The director~~(3) A responsible entity may request that a	64213
state agency, entity of local government, or private entity send	64214
copies to the ~~director~~responsible entity of any report regarding	64215
a records check or criminal records check that the agency or	64216
entity possesses, if the ~~director~~responsible entity obtains the	64217
written consent of the individual who is the subject of the	64218
report.	64219

~~(I) The director shall request the registrar of motor~~	64220
~~vehicles to supply the director with a certified abstract~~	64221
~~regarding the record of convictions for violations of motor~~	64222
~~vehicle laws of each applicant who will be required by the~~	64223
~~applicant's employment to transport individuals with mental~~	64224
~~retardation or a developmental disability or to operate the~~	64225
~~department's vehicles for any other purpose. For each abstract~~	64226
~~provided under this section, the director shall pay the amount~~	64227
~~specified in section 4509.05 of the Revised Code.~~	64228

~~(J) The director~~(4) A responsible entity shall provide each	64229
applicant and employee with a copy of any report ~~or abstract~~	64230
obtained about the applicant or employee under this section.	64231

~~(K)(1) The director shall inform each person, at the time of~~	64232
~~the person's initial application for employment, that the person~~	64233
~~is required to provide a set of impressions of the person's~~	64234
~~fingerprints and that a criminal records check is required to be~~	64235
~~conducted and satisfactorily completed in accordance with section~~	64236
~~109.572 of the Revised Code if the person comes under final~~	64237
~~consideration for employment as a precondition to employment in a~~	64238
~~position.~~	64239

~~(2) The director may employ an applicant pending receipt of~~	64240
~~reports requested under this section. The director shall terminate~~	64241
~~employment of any such applicant if it is determined from the~~	64242
~~reports that the applicant failed to inform the director that the~~	64243
~~applicant had been convicted of or pleaded guilty to any of the~~	64244
~~offenses listed or described in division (E) of this section.~~	64245

~~(L) The director may charge an applicant a fee for costs the~~	64246
~~director incurs in obtaining reports, abstracts, or fingerprint~~	64247
~~impressions under this section. A fee charged under this division~~	64248
~~shall not exceed the amount of the fees the director pays under~~	64249
~~divisions (G) and (I) of this section. If a fee is charged under~~	64250
~~this division, the director shall notify the applicant of the~~	64251
~~amount of the fee at the time of the applicant's initial~~	64252
~~application for employment and that, unless the fee is paid, the~~	64253
~~director will not consider the applicant for employment.~~	64254

~~(M)~~(J) The director of developmental disabilities shall adopt	64255
rules in accordance with Chapter 119. of the Revised Code to	64256
implement this section~~, including rules specifying~~.	64257

(1) The rules may do the following:

64258

(a) Require employees to undergo criminal records checks	64259
under this section;	64260

(b) Require responsible entities to obtain the driving	64261
records of employees under this section;	64262

(c) If the rules require employees to undergo criminal	64263
records checks, require responsible entities to obtain the driving	64264
records of employees, or both, exempt one or more classes of	64265
employees from the requirements.	64266

(2) The rules shall do both of the following:

64267

(a) If the rules require employees to undergo criminal	64268
records checks, require responsible entities to obtain the driving	64269
records of employees, or both, specify the times at which the	64270
criminal records checks are to be conducted and the driving	64271
records are to be obtained;	64272

(b) Specify circumstances under which ~~the director~~a	64273
responsible entity may employ ~~a person who has~~an applicant or	64274
employee who is found by a criminal records check required by this	64275
section to have been convicted of or, pleaded guilty to an, or	64276
been found eligible for intervention in lieu of conviction for a	64277
disqualifying offense ~~listed or described in division (E) of this~~	64278
~~section~~ but ~~who~~ meets standards in regard to rehabilitation set by	64279
the director.	64280

Sec. 5123.16. (A) As used in sections 5123.16 to ~~5123.169~~	64281
5123.1610 of the Revised Code:	64282

(1) "Applicant" means any of the following:

64283

(a) The chief executive officer of a business that applies	64284
under section 5123.161 of the Revised Code for a certificate to	64285
provide supported living;	64286

(b) The chief executive officer of a business that seeks	64287
renewal of the business's supported living certificate under	64288
section 5123.164 of the Revised Code;	64289

(c) An individual who applies under section 5123.161 of the	64290
Revised Code for a certificate to provide supported living as an	64291
independent provider;	64292

(d) An independent provider who seeks renewal of the	64293
independent provider's supported living certificate under section	64294
5123.164 of the Revised Code.	64295

(2)(a) "Business" means either of the following:

64296

(i) An association, corporation, nonprofit organization,	64297
partnership, trust, or other group of persons;	64298

(ii) An individual who employs, directly or through contract,	64299
one or more other individuals to provide supported living.	64300

(b) "Business" does not mean an independent provider.

64301

(3) "Criminal records check" has the same meaning as in	64302
section 109.572 of the Revised Code.	64303

(4) "Disqualifying offense" means any of the offenses listed	64304
or described in divisions (A)(3)(a) to (e) of section 109.572 of	64305
the Revised Code.	64306

(5) "Independent provider" means a provider who provides	64307
supported living on a self-employed basis and does not employ,	64308
directly or through contract, another individual to provide the	64309
supported living.	64310

(6) "Provider" means a person or government entity certified	64311
by the director of developmental disabilities to provide supported	64312
living.	64313

~~(2)~~(7) "Minor drug possession offense" has the same meaning	64314
as in section 2925.01 of the Revised Code.	64315

(8) "Related party" means any of the following:

64316

(a) In the case of a provider who is an individual, any of	64317
the following:	64318

(i) The spouse of the provider;

64319

(ii) A parent or stepparent of the provider or provider's	64320
spouse;	64321

(iii) A child of the provider or provider's spouse;

64322

(iv) A sibling, half sibling, or stepsibling of the provider	64323
or provider's spouse;	64324

(v) A grandparent of the provider or provider's spouse;

64325

(vi) A grandchild of the provider or provider's spouse;

64326

(vii) An employee or employer of the provider or provider's	64327
spouse.	64328

(b) In the case of a provider that is a person other than an	64329
individual, any of the following:	64330

(i) An employee of the person;

64331

(ii) An officer of the provider, including the chief	64332
executive officer, president, vice-president, secretary, and	64333
treasurer;	64334

(iii) A member of the provider's board of directors or	64335
trustees;	64336

(iv) A person owning a financial interest of five per cent or	64337
more in the provider;	64338

(v) A corporation that has a subsidiary relationship with the	64339
provider;	64340

(vi) A person or government entity that has control over the	64341
provider's day-to-day operation;	64342

(vii) A person over which the provider has control of the	64343
day-to-day operation.	64344

(c) In the case of a provider that is a government entity,	64345
any of the following:	64346

(i) An employee of the provider;

64347

(ii) An officer of the provider;

64348

(iii) A member of the provider's governing board;

64349

(iv) A government entity that has control over the provider's	64350
day-to-day operation;	64351

(v) A person or government entity over which the provider has	64352
control of the day-to-day operation.	64353

(B) No person or government entity may provide supported	64354
living without a valid supported living certificate issued by the	64355
director of developmental disabilities.	64356

(C) A county board of developmental disabilities may provide	64357
supported living only to the extent permitted by rules adopted	64358
under section ~~5123.169~~5123.1610 of the Revised Code.	64359

Sec. 5123.161. A person or government entity that seeks to	64360
provide supported living shall apply to the director of	64361
developmental disabilities for a supported living certificate.	64362

Except as provided in ~~section~~sections 5123.166 and 5123.169	64363
of the Revised Code, the director shall issue to the ~~applicant~~	64364
person or government entity a supported living certificate if the	64365
~~applicant~~person or government entity follows the application	64366
process established in rules adopted under section ~~5123.169~~	64367
5123.1610 of the Revised Code, meets the applicable certification	64368
standards established in those rules, and pays the certification	64369
fee established in those rules.	64370

Sec. 5123.162. The director of developmental disabilities	64371
may conduct surveys of persons and government entities that seek a	64372
supported living certificate to determine whether the persons and	64373
government entities meet the certification standards. The director	64374
may also conduct surveys of providers to determine whether the	64375
providers continue to meet the certification standards. The	64376
director shall conduct the surveys in accordance with rules	64377
adopted under section ~~5123.169~~5123.1610 of the Revised Code.	64378

The records of surveys conducted under this section are	64379
public records for the purpose of section 149.43 of the Revised	64380
Code and shall be made available on the request of any person or	64381
government entity.	64382

Sec. 5123.163. A supported living certificate is valid for a	64383
period of time established in rules adopted under section ~~5123.169~~	64384
5123.1610 of the Revised Code, unless any of the following occur	64385
before the end of that period of time:	64386

(A) The director of developmental disabilities issues an	64387
order requiring that action be taken against the certificate	64388
holder under section 5123.166 of the Revised Code.	64389

(B) The director issues an order terminating the certificate	64390
under section 5123.168 of the Revised Code.	64391

(C) The certificate holder voluntarily surrenders the	64392
certificate to the director.	64393

Sec. 5123.164. Except as provided in ~~section~~sections	64394
5123.166 and 5123.169 of the Revised Code, the director of	64395
developmental disabilities shall renew a supported living	64396
certificate if the certificate holder follows the renewal process	64397
established in rules adopted under section ~~5123.169~~5123.1610 of	64398
the Revised Code, continues to meet the applicable certification	64399
standards established in those rules, and pays the renewal fee	64400
established in those rules.	64401

Sec. 5123.166. (A) If good cause exists as specified in	64402
division (B) of this section and determined in accordance with	64403
procedures established in rules adopted under section ~~5123.169~~	64404
5123.1610 of the Revised Code, the director of developmental	64405
disabilities may issue an adjudication order requiring that one of	64406
the following actions be taken against a person or government	64407
entity seeking or holding a supported living certificate:	64408

(1) Refusal to issue or renew a supported living certificate;

64409

(2) Revocation of a supported living certificate;

64410

(3) Suspension of a supported living certificate holder's	64411
authority to do either or both of the following:	64412

(a) Continue to provide supported living to one or more	64413
individuals from one or more counties who receive supported living	64414
from the certificate holder at the time the director takes the	64415
action;	64416

(b) Begin to provide supported living to one or more	64417
individuals from one or more counties who do not receive supported	64418
living from the certificate holder at the time the director takes	64419
the action.	64420

(B) The following constitute good cause for taking action	64421
under division (A) of this section against a person or government	64422
entity seeking or holding a supported living certificate:	64423

(1) The person or government entity's failure to meet or	64424
continue to meet the applicable certification standards	64425
established in rules adopted under section ~~5123.169~~5123.1610 of	64426
the Revised Code;	64427

(2) The person or government entity violates section 5123.165	64428
of the Revised Code;	64429

(3) The person or government entity's failure to satisfy the	64430
requirements of section 5123.081 or 5123.52~~, 5126.28, or 5126.281~~	64431
of the Revised Code;	64432

(4) Misfeasance;

64433

(5) Malfeasance;

64434

(6) Nonfeasance;

64435

(7) Confirmed abuse or neglect;

64436

(8) Financial irresponsibility;

64437

(9) Other conduct the director determines is or would be	64438
injurious to individuals who receive or would receive supported	64439
living from the person or government entity.	64440

(C) Except as provided in division (D) of this section, the	64441
director shall issue an adjudication order under division (A) of	64442
this section in accordance with Chapter 119. of the Revised Code.	64443

(D)(1) The director may issue an order requiring that action	64444
specified in division (A)(3) of this section be taken before a	64445
provider is provided notice and an opportunity for a hearing if	64446
all of the following are the case:	64447

(a) The director determines such action is warranted by the	64448
provider's failure to continue to meet the applicable	64449
certification standards;	64450

(b) The director determines that the failure either	64451
represents a pattern of serious noncompliance or creates a	64452
substantial risk to the health or safety of an individual who	64453
receives or would receive supported living from the provider;	64454

(c) If the order will suspend the provider's authority to	64455
continue to provide supported living to an individual who receives	64456
supported living from the provider at the time the director issues	64457
the order, both of the following are the case:	64458

(i) The director makes the individual, or the individual's	64459
guardian, aware of the director's determination under division	64460
(D)(1)(b) of this section and the individual or guardian does not	64461
select another provider.	64462

(ii) A county board of developmental disabilities has filed a	64463
complaint with a probate court under section ~~5123.33~~5126.33 of	64464
the Revised Code that includes facts describing the nature of	64465
abuse or neglect that the individual has suffered due to the	64466
provider's actions that are the basis for the director making the	64467
determination under division (D)(1)(b) of this section and the	64468
probate court does not issue an order authorizing the county board	64469
to arrange services for the individual pursuant to an	64470
individualized service plan developed for the individual under	64471
section ~~5123.31~~5126.31 of the Revised Code.	64472

(2) If the director issues an order under division (D)(1) of	64473
this section, sections 119.091 to 119.13 of the Revised Code and	64474
all of the following apply:	64475

(a) The director shall send the provider notice of the order	64476
by registered mail, return receipt requested, not later than	64477
twenty-four hours after issuing the order and shall include in the	64478
notice the reasons for the order, the citation to the law or rule	64479
directly involved, and a statement that the provider will be	64480
afforded a hearing if the provider requests it within ten days of	64481
the time of receiving the notice.	64482

(b) If the provider requests a hearing within the required	64483
time and the provider has provided the director the provider's	64484
current address, the director shall immediately set, and notify	64485
the provider of, the date, time, and place for the hearing.	64486

(c) The date of the hearing shall be not later than thirty	64487
days after the director receives the provider's timely request for	64488
the hearing.	64489

(d) The hearing shall be conducted in accordance with section	64490
119.09 of the Revised Code, except for all of the following:	64491

(i) The hearing shall continue uninterrupted until its close,	64492
except for weekends, legal holidays, and other interruptions the	64493
provider and director agree to.	64494

(ii) If the director appoints a referee or examiner to	64495
conduct the hearing, the referee or examiner, not later than ten	64496
days after the date the referee or examiner receives a transcript	64497
of the testimony and evidence presented at the hearing or, if the	64498
referee or examiner does not receive the transcript or no such	64499
transcript is made, the date that the referee or examiner closes	64500
the record of the hearing, shall submit to the director a written	64501
report setting forth the referee or examiner's findings of fact	64502
and conclusions of law and a recommendation of the action the	64503
director should take.	64504

(iii) The provider may, not later than five days after the	64505
date the director, in accordance with section 119.09 of the	64506
Revised Code, sends the provider or the provider's attorney or	64507
other representative of record a copy of the referee or examiner's	64508
report and recommendation, file with the director written	64509
objections to the report and recommendation.	64510

(iv) The director shall approve, modify, or disapprove the	64511
referee or examiner's report and recommendation not earlier than	64512
six days, and not later than fifteen days, after the date the	64513
director, in accordance with section 119.09 of the Revised Code,	64514
sends a copy of the report and recommendation to the provider or	64515
the provider's attorney or other representative of record.	64516

(3) The director may lift an order issued under division	64517
(D)(1) of this section even though a hearing regarding the order	64518
is occurring or pending if the director determines that the	64519
provider has taken action eliminating the good cause for issuing	64520
the order. The hearing shall proceed unless the provider withdraws	64521
the request for the hearing in a written letter to the director.	64522

(4) The director shall lift an order issued under division	64523
(D)(1) of this section if both of the following are the case:	64524

(a) The provider provides the director a plan of compliance	64525
the director determines is acceptable.	64526

(b) The director determines that the provider has implemented	64527
the plan of compliance correctly.	64528

Sec. 5123.169. (A) The director of developmental	64529
disabilities shall not issue a supported living certificate to an	64530
applicant or renew an applicant's supported living certificate if	64531
either of the following applies:	64532

(1) The applicant fails to comply with division (C)(2) of	64533
this section;	64534

(2) Except as provided in rules adopted under section	64535
5123.1610 of the Revised Code, the applicant is found by a	64536
criminal records check required by this section to have been	64537
convicted of, pleaded guilty to, or been found eligible for	64538
intervention in lieu of conviction for a disqualifying offense.	64539

(B) Before issuing a supported living certificate to an	64540
applicant or renewing an applicant's supported living certificate,	64541
the director shall require the applicant to submit a statement	64542
with the applicant's signature attesting that the applicant has	64543
not been convicted of, pleaded guilty to, or been found eligible	64544
for intervention in lieu of conviction for a disqualifying	64545
offense. The director also shall require the applicant to sign an	64546
agreement under which the applicant agrees to notify the director	64547
within fourteen calendar days if, while holding a supported living	64548
certificate, the applicant is formally charged with, is convicted	64549
of, pleads guilty to, or is found eligible for intervention in	64550
lieu of conviction for a disqualifying offense. The agreement	64551
shall provide that the applicant's failure to provide the	64552
notification may result in action being taken by the director	64553
against the applicant under section 5123.166 of the Revised Code.	64554

(C)(1) As a condition of receiving a supported living	64555
certificate or having a supported living certificate renewed, an	64556
applicant shall request the superintendent of the bureau of	64557
criminal identification and investigation to conduct a criminal	64558
records check of the applicant. If an applicant does not present	64559
proof to the director that the applicant has been a resident of	64560
this state for the five-year period immediately prior to the date	64561
that the applicant applies for issuance or renewal of the	64562
supported living certificate, the director shall require the	64563
applicant to request that the superintendent obtain information	64564
from the federal bureau of investigation as a part of the criminal	64565
records check. If the applicant presents proof to the director	64566
that the applicant has been a resident of this state for that	64567
five-year period, the director may require the applicant to	64568
request that the superintendent include information from the	64569
federal bureau of investigation in the criminal records check. For	64570
purposes of this division, an applicant may provide proof of	64571
residency in this state by presenting, with a notarized statement	64572
asserting that the applicant has been a resident of this state for	64573
that five-year period, a valid driver's license, notification of	64574
registration as an elector, a copy of an officially filed federal	64575
or state tax form identifying the applicant's permanent residence,	64576
or any other document the director considers acceptable.	64577

(2) Each applicant shall do all of the following:

64578

(a) Obtain a copy of the form prescribed pursuant to division	64579
(C)(1) of section 109.572 of the Revised Code and a standard	64580
impression sheet prescribed pursuant to division (C)(2) of section	64581
109.572 of the Revised Code;	64582

(b) Complete the form and provide the applicant's fingerprint	64583
impressions on the standard impression sheet;	64584

(c) Forward the completed form and standard impression sheet	64585
to the superintendent at the time the criminal records check is	64586
requested;	64587

(d) Instruct the superintendent to submit the completed	64588
report of the criminal records check directly to the director;	64589

(e) Pay to the bureau of criminal identification and	64590
investigation the fee prescribed pursuant to division (C)(3) of	64591
section 109.572 of the Revised Code for each criminal records	64592
check of the applicant requested and conducted pursuant to this	64593
section.	64594

(D) The director may request any other state or federal	64595
agency to supply the director with a written report regarding the	64596
criminal record of an applicant. The director may consider the	64597
reports when determining whether to issue a supported living	64598
certificate to the applicant or to renew an applicant's supported	64599
living certificate.	64600

(E) An applicant who seeks to be an independent provider or	64601
is an independent provider seeking renewal of the applicant's	64602
supported living certificate shall obtain the applicant's driving	64603
record from the bureau of motor vehicles and provide a copy of the	64604
record to the director if the supported living that the applicant	64605
will provide involves transporting individuals with mental	64606
retardation or developmental disabilities. The director may	64607
consider the applicant's driving record when determining whether	64608
to issue the applicant a supported living certificate or to renew	64609
the applicant's supported living certificate.	64610

(F)(1) A report obtained pursuant to this section is not a	64611
public record for purposes of section 149.43 of the Revised Code	64612
and shall not be made available to any person, other than the	64613
following:	64614

(a) The applicant who is the subject of the report or the	64615
applicant's representative;	64616

(b) The director or the director's representative;

64617

(c) Any court, hearing officer, or other necessary individual	64618
involved in a case dealing with any of the following:	64619

(i) The denial of a supported living certificate or refusal	64620
to renew a supported living certificate;	64621

(ii) The denial, suspension, or revocation of a certificate	64622
under section 5123.45 of the Revised Code;	64623

(iii) A civil or criminal action regarding the medicaid	64624
program.	64625

(2) An applicant for whom the director has obtained reports	64626
under this section may submit a written request to the director to	64627
have copies of the reports sent to any person or state or local	64628
government entity. The applicant shall specify in the request the	64629
person or entities to which the copies are to be sent. On	64630
receiving the request, the director shall send copies of the	64631
reports to the persons or entities specified.	64632

(3) The director may request that a person or state or local	64633
government entity send copies to the director of any report	64634
regarding a records check or criminal records check that the	64635
person or entity possesses, if the director obtains the written	64636
consent of the individual who is the subject of the report.	64637

(4) The director shall provide each applicant with a copy of	64638
any report obtained about the applicant under this section.	64639

~~Sec. 5123.169.~~ Sec. 5123.1610. The director of developmental	64640
disabilities shall adopt rules under Chapter 119. of the Revised	64641
Code establishing all of the following:	64642

(A) The extent to which a county board of developmental	64643
disabilities may provide supported living;	64644

(B) The application process for obtaining a supported living	64645
certificate under section 5123.161 of the Revised Code;	64646

(C) The certification standards a person or government entity	64647
must meet to obtain a supported living certificate to provide	64648
supported living;	64649

(D) The certification fee for a supported living certificate,	64650
which shall be deposited into the program fee fund created under	64651
section 5123.033 of the Revised Code;	64652

(E) The period of time a supported living certificate is	64653
valid;	64654

(F) The process for renewing a supported living certificate	64655
under section 5123.164 of the Revised Code;	64656

(G) The renewal fee for a supported living certificate, which	64657
shall be deposited into the program fee fund created under section	64658
5123.033 of the Revised Code;	64659

(H) Procedures for conducting surveys under section 5123.162	64660
of the Revised Code;	64661

(I) Procedures for determining whether there is good cause to	64662
take action under section 5123.166 of the Revised Code against a	64663
person or government entity seeking or holding a supported living	64664
certificate;	64665

(J) Circumstances under which the director may issue a	64666
supported living certificate to an applicant or renew an	64667
applicant's supported living certificate if the applicant is found	64668
by a criminal records check required by section 5123.169 of the	64669
Revised Code to have been convicted of, pleaded guilty to, or been	64670
found eligible for intervention in lieu of conviction for a	64671
disqualifying offense but meets standards in regard to	64672
rehabilitation set by the director.	64673

Sec. 5123.171. As used in this section, "respite care" means	64674
appropriate, short-term, temporary care provided to a mentally	64675
retarded or developmentally disabled person to sustain the family	64676
structure or to meet planned or emergency needs of the family.	64677

The department of developmental disabilities shall provide	64678
respite care services to persons with mental retardation or a	64679
developmental disability for the purpose of promoting	64680
self-sufficiency and normalization, preventing or reducing	64681
inappropriate institutional care, and furthering the unity of the	64682
family by enabling the family to meet the special needs of a	64683
mentally retarded or developmentally disabled person.	64684

In order to be eligible for respite care services under this	64685
section, the mentally retarded or developmentally disabled person	64686
must be in need of habilitation services as defined in section	64687
5126.01 of the Revised Code.	64688

Respite care may be provided in a residential facility	64689
licensed under section 5123.19 of the Revised Code or(including a	64690
residential facility certified as an intermediate care facility	64691
for the mentally retarded under Title XIX of the "Social Security	64692
Act," 4979 Stat. ~~620~~344 (~~1935~~1965), 42 U.S.C. ~~301~~1396, et	64693
seq., as amended~~, or certified as~~) and a respite care home	64694
certified under section 5126.05 of the Revised Code.	64695

The department shall develop a system for locating vacant	64696
beds that are available for respite care and for making	64697
information on vacant beds available to users of respite care	64698
services. Facilities certified as intermediate care facilities for	64699
the mentally retarded shall report vacant beds to the department	64700
but shall not be required to accept respite care clients.	64701

The director of developmental disabilities shall adopt, and	64702
may amend or rescind, rules in accordance with Chapter 119. of the	64703
Revised Code for both of the following:	64704

(A) Certification by county boards of developmental	64705
disabilities of respite care homes;	64706

(B) Provision of respite care services authorized by this	64707
section. Rules adopted under this division shall establish all of	64708
the following:	64709

(1) A formula for distributing funds appropriated for respite	64710
care services;	64711

(2) Standards for supervision, training and quality control	64712
in the provision of respite care services;	64713

(3) Eligibility criteria for emergency respite care services.

64714

Sec. 5123.19. (A) As used in ~~this section and in~~ sections	64715
~~5123.191, 5123.194, 5123.196, 5123.197, 5123.198, and~~5123.19 to	64716
5123.20 of the Revised Code:	64717

(1)~~(a) "Residential facility" means a home or facility in~~	64718
~~which a mentally retarded or developmentally disabled person~~	64719
~~resides, except the home of a relative or legal guardian in which~~	64720
~~a mentally retarded or developmentally disabled person resides, a~~	64721
~~respite care home certified under section 5126.05 of the Revised~~	64722
~~Code, a county home or district home operated pursuant to Chapter~~	64723
~~5155. of the Revised Code, or a dwelling in which the only~~	64724
~~mentally retarded or developmentally disabled residents are in an~~	64725
~~independent living arrangement or are being provided supported~~	64726
~~living.~~	64727

~~(b) "Intermediate care facility for the mentally retarded"~~	64728
~~means a residential facility that is considered an intermediate~~	64729
~~care facility for the mentally retarded for the purposes of~~	64730
~~Chapter 5111. of the Revised Code.~~	64731

~~(2) "Political subdivision" means a municipal corporation,~~	64732
~~county, or township.~~	64733

~~(3)~~ "Independent living arrangement" means an arrangement in	64734
which a mentally retarded or developmentally disabled person	64735
resides in an individualized setting chosen by the person or the	64736
person's guardian, which is not dedicated principally to the	64737
provision of residential services for mentally retarded or	64738
developmentally disabled persons, and for which no financial	64739
support is received for rendering such service from any	64740
governmental agency by a provider of residential services.	64741

~~(4)~~(2) "Intermediate care facility for the mentally retarded"	64742
has the same meaning as in section 1905(d) of the "Social Security	64743
Act," 101 Stat. 1330-204 (1987), 42 U.S.C. 1396d(d), as amended.	64744

(3) "Licensee" means the person or government agency that has	64745
applied for a license to operate a residential facility and to	64746
which the license was issued under this section.	64747

(4) "Political subdivision" means a municipal corporation,	64748
county, or township.	64749

(5) "Related party" has the same meaning as in section	64750
5123.16 of the Revised Code except that "provider" as used in the	64751
definition of "related party" means a person or government entity	64752
that held or applied for a license to operate a residential	64753
facility, rather than a person or government entity certified to	64754
provide supported living.	64755

(6)(a) Except as provided in division (A)(6)(b) of this	64756
section, "residential facility" means a home or facility,	64757
including a facility certified as an intermediate care facility	64758
for the mentally retarded, in which an individual with mental	64759
retardation or a developmental disability resides.	64760

(b) "Residential facility" does not mean any of the	64761
following:	64762

(i) The home of a relative or legal guardian in which an	64763
individual with mental retardation or a developmental disability	64764
resides;	64765

(ii) A respite care home certified under section 5126.05 of	64766
the Revised Code;	64767

(iii) A county home or district home operated pursuant to	64768
Chapter 5155. of the Revised Code;	64769

(iv) A dwelling in which the only residents with mental	64770
retardation or developmental disabilities are in independent	64771
living arrangements or are being provided supported living.	64772

(B) Every person or government agency desiring to operate a	64773
residential facility shall apply for licensure of the facility to	64774
the director of developmental disabilities unless the residential	64775
facility is subject to section 3721.02, ~~5119.73,~~ 5103.03, or	64776
5119.20, or division (A)(9)(b) of section 5119.22 of the Revised	64777
Code. ~~Notwithstanding Chapter 3721. of the Revised Code, a nursing~~	64778
~~home that is certified as an intermediate care facility for the~~	64779
~~mentally retarded under Title XIX of the "Social Security Act," 79~~	64780
~~Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for~~	64781
~~licensure of the portion of the home that is certified as an~~	64782
~~intermediate care facility for the mentally retarded.~~	64783

(C) Subject to section 5123.196 of the Revised Code, the	64784
director of developmental disabilities shall license the operation	64785
of residential facilities. An initial license shall be issued for	64786
a period that does not exceed one year, unless the director denies	64787
the license under division (D) of this section. A license shall be	64788
renewed for a period that does not exceed three years, unless the	64789
director refuses to renew the license under division (D) of this	64790
section. The director, when issuing or renewing a license, shall	64791
specify the period for which the license is being issued or	64792
renewed. A license remains valid for the length of the licensing	64793
period specified by the director, unless the license is	64794
terminated, revoked, or voluntarily surrendered.	64795

(D) If it is determined that an applicant or licensee is not	64796
in compliance with a provision of this chapter that applies to	64797
residential facilities or the rules adopted under such a	64798
provision, the director may deny issuance of a license, refuse to	64799
renew a license, terminate a license, revoke a license, issue an	64800
order for the suspension of admissions to a facility, issue an	64801
order for the placement of a monitor at a facility, issue an order	64802
for the immediate removal of residents, or take any other action	64803
the director considers necessary consistent with the director's	64804
authority under this chapter regarding residential facilities. In	64805
the director's selection and administration of the sanction to be	64806
imposed, all of the following apply:	64807

(1) The director may deny, refuse to renew, or revoke a	64808
license, if the director determines that the applicant or licensee	64809
has demonstrated a pattern of serious noncompliance or that a	64810
violation creates a substantial risk to the health and safety of	64811
residents of a residential facility.	64812

(2) The director may terminate a license if more than twelve	64813
consecutive months have elapsed since the residential facility was	64814
last occupied by a resident or a notice required by division (K)	64815
of this section is not given.	64816

(3) The director may issue an order for the suspension of	64817
admissions to a facility for any violation that may result in	64818
sanctions under division (D)(1) of this section and for any other	64819
violation specified in rules adopted under division (H)(2) of this	64820
section. If the suspension of admissions is imposed for a	64821
violation that may result in sanctions under division (D)(1) of	64822
this section, the director may impose the suspension before	64823
providing an opportunity for an adjudication under Chapter 119. of	64824
the Revised Code. The director shall lift an order for the	64825
suspension of admissions when the director determines that the	64826
violation that formed the basis for the order has been corrected.	64827

(4) The director may order the placement of a monitor at a	64828
residential facility for any violation specified in rules adopted	64829
under division (H)(2) of this section. The director shall lift the	64830
order when the director determines that the violation that formed	64831
the basis for the order has been corrected.	64832

(5) If the director determines that two or more residential	64833
facilities owned or operated by the same person or government	64834
entity are not being operated in compliance with a provision of	64835
this chapter that applies to residential facilities or the rules	64836
adopted under such a provision, and the director's findings are	64837
based on the same or a substantially similar action, practice,	64838
circumstance, or incident that creates a substantial risk to the	64839
health and safety of the residents, the director shall conduct a	64840
survey as soon as practicable at each residential facility owned	64841
or operated by that person or government entity. The director may	64842
take any action authorized by this section with respect to any	64843
facility found to be operating in violation of a provision of this	64844
chapter that applies to residential facilities or the rules	64845
adopted under such a provision.	64846

(6) When the director initiates license revocation	64847
proceedings, no opportunity for submitting a plan of correction	64848
shall be given. The director shall notify the licensee by letter	64849
of the initiation of the proceedings. The letter shall list the	64850
deficiencies of the residential facility and inform the licensee	64851
that no plan of correction will be accepted. The director shall	64852
also send a copy of the letter to the county board of	64853
developmental disabilities. The county board shall send a copy of	64854
the letter to each of the following:	64855

(a) Each resident who receives services from the licensee;

64856

(b) The guardian of each resident who receives services from	64857
the licensee if the resident has a guardian;	64858

(c) The parent or guardian of each resident who receives	64859
services from the licensee if the resident is a minor.	64860

(7) Pursuant to rules which shall be adopted in accordance	64861
with Chapter 119. of the Revised Code, the director may order the	64862
immediate removal of residents from a residential facility	64863
whenever conditions at the facility present an immediate danger of	64864
physical or psychological harm to the residents.	64865

(8) In determining whether a residential facility is being	64866
operated in compliance with a provision of this chapter that	64867
applies to residential facilities or the rules adopted under such	64868
a provision, or whether conditions at a residential facility	64869
present an immediate danger of physical or psychological harm to	64870
the residents, the director may rely on information obtained by a	64871
county board of developmental disabilities or other governmental	64872
agencies.	64873

(9) In proceedings initiated to deny, refuse to renew, or	64874
revoke licenses, the director may deny, refuse to renew, or revoke	64875
a license regardless of whether some or all of the deficiencies	64876
that prompted the proceedings have been corrected at the time of	64877
the hearing.	64878

(E) The director shall establish a program under which public	64879
notification may be made when the director has initiated license	64880
revocation proceedings or has issued an order for the suspension	64881
of admissions, placement of a monitor, or removal of residents.	64882
The director shall adopt rules in accordance with Chapter 119. of	64883
the Revised Code to implement this division. The rules shall	64884
establish the procedures by which the public notification will be	64885
made and specify the circumstances for which the notification must	64886
be made. The rules shall require that public notification be made	64887
if the director has taken action against the facility in the	64888
eighteen-month period immediately preceding the director's latest	64889
action against the facility and the latest action is being taken	64890
for the same or a substantially similar violation of a provision	64891
of this chapter that applies to residential facilities or the	64892
rules adopted under such a provision. The rules shall specify a	64893
method for removing or amending the public notification if the	64894
director's action is found to have been unjustified or the	64895
violation at the residential facility has been corrected.	64896

(F)(1) Except as provided in division (F)(2) of this section,	64897
appeals from proceedings initiated to impose a sanction under	64898
division (D) of this section shall be conducted in accordance with	64899
Chapter 119. of the Revised Code.	64900

(2) Appeals from proceedings initiated to order the	64901
suspension of admissions to a facility shall be conducted in	64902
accordance with Chapter 119. of the Revised Code, unless the order	64903
was issued before providing an opportunity for an adjudication, in	64904
which case all of the following apply:	64905

(a) The licensee may request a hearing not later than ten	64906
days after receiving the notice specified in section 119.07 of the	64907
Revised Code.	64908

(b) If a timely request for a hearing that includes the	64909
licensee's current address is made, the hearing shall commence not	64910
later than thirty days after the department receives the request.	64911

(c) After commencing, the hearing shall continue	64912
uninterrupted, except for Saturdays, Sundays, and legal holidays,	64913
unless other interruptions are agreed to by the licensee and the	64914
director.	64915

(d) If the hearing is conducted by a hearing examiner, the	64916
hearing examiner shall file a report and recommendations not later	64917
than ten days after the last of the following:	64918

(i) The close of the hearing;

64919

(ii) If a transcript of the proceedings is ordered, the	64920
hearing examiner receives the transcript;	64921

(iii) If post-hearing briefs are timely filed, the hearing	64922
examiner receives the briefs.	64923

(e) A copy of the written report and recommendation of the	64924
hearing examiner shall be sent, by certified mail, to the licensee	64925
and the licensee's attorney, if applicable, not later than five	64926
days after the report is filed.	64927

(f) Not later than five days after the hearing examiner files	64928
the report and recommendations, the licensee may file objections	64929
to the report and recommendations.	64930

(g) Not later than fifteen days after the hearing examiner	64931
files the report and recommendations, the director shall issue an	64932
order approving, modifying, or disapproving the report and	64933
recommendations.	64934

(h) Notwithstanding the pendency of the hearing, the director	64935
shall lift the order for the suspension of admissions when the	64936
director determines that the violation that formed the basis for	64937
the order has been corrected.	64938

(G) Neither a person or government agency whose application	64939
for a license to operate a residential facility is denied nor a	64940
related party of the person or government agency may apply for a	64941
license to operate a residential facility before the date that is	64942
one year after the date of the denial. Neither a licensee whose	64943
residential facility license is revoked nor a related party of the	64944
licensee may apply for a residential facility license before the	64945
date that is five years after the date of the revocation.	64946

(H) In accordance with Chapter 119. of the Revised Code, the	64947
director shall adopt and may amend and rescind rules for licensing	64948
and regulating the operation of residential facilities~~, including~~	64949
~~intermediate care facilities for the mentally retarded~~. The rules	64950
for residential facilities that are intermediate care facilities	64951
for the mentally retarded may differ from those for other	64952
residential facilities. The rules shall establish and specify the	64953
following:	64954

(1) Procedures and criteria for issuing and renewing	64955
licenses, including procedures and criteria for determining the	64956
length of the licensing period that the director must specify for	64957
each license when it is issued or renewed;	64958

(2) Procedures and criteria for denying, refusing to renew,	64959
terminating, and revoking licenses and for ordering the suspension	64960
of admissions to a facility, placement of a monitor at a facility,	64961
and the immediate removal of residents from a facility;	64962

(3) Fees for issuing and renewing licenses, which shall be	64963
deposited into the program fee fund created under section 5123.033	64964
of the Revised Code;	64965

(4) Procedures for surveying residential facilities;

64966

(5) Requirements for the training of residential facility	64967
personnel;	64968

(6) Classifications for the various types of residential	64969
facilities;	64970

(7) Certification procedures for licensees and management	64971
contractors that the director determines are necessary to ensure	64972
that they have the skills and qualifications to properly operate	64973
or manage residential facilities;	64974

(8) The maximum number of persons who may be served in a	64975
particular type of residential facility;	64976

(9) Uniform procedures for admission of persons to and	64977
transfers and discharges of persons from residential facilities;	64978

(10) Other standards for the operation of residential	64979
facilities and the services provided at residential facilities;	64980

(11) Procedures for waiving any provision of any rule adopted	64981
under this section.	64982

(I) Before issuing a license, the director of the department	64983
or the director's designee shall conduct a survey of the	64984
residential facility for which application is made. The director	64985
or the director's designee shall conduct a survey of each licensed	64986
residential facility at least once during the period the license	64987
is valid and may conduct additional inspections as needed. A	64988
survey includes but is not limited to an on-site examination and	64989
evaluation of the residential facility, its personnel, and the	64990
services provided there.	64991

In conducting surveys, the director or the director's	64992
designee shall be given access to the residential facility; all	64993
records, accounts, and any other documents related to the	64994
operation of the facility; the licensee; the residents of the	64995
facility; and all persons acting on behalf of, under the control	64996
of, or in connection with the licensee. The licensee and all	64997
persons on behalf of, under the control of, or in connection with	64998
the licensee shall cooperate with the director or the director's	64999
designee in conducting the survey.	65000

Following each survey, unless the director initiates a	65001
license revocation proceeding, the director or the director's	65002
designee shall provide the licensee with a report listing any	65003
deficiencies, specifying a timetable within which the licensee	65004
shall submit a plan of correction describing how the deficiencies	65005
will be corrected, and, when appropriate, specifying a timetable	65006
within which the licensee must correct the deficiencies. After a	65007
plan of correction is submitted, the director or the director's	65008
designee shall approve or disapprove the plan. A copy of the	65009
report and any approved plan of correction shall be provided to	65010
any person who requests it.	65011

The director shall initiate disciplinary action against any	65012
department employee who notifies or causes the notification to any	65013
unauthorized person of an unannounced survey of a residential	65014
facility by an authorized representative of the department.	65015

(J) In addition to any other information which may be	65016
required of applicants for a license pursuant to this section, the	65017
director shall require each applicant to provide a copy of an	65018
approved plan for a proposed residential facility pursuant to	65019
section 5123.042 of the Revised Code. This division does not apply	65020
to renewal of a license or to an applicant for an initial or	65021
modified license who meets the requirements of section ~~5123.193 or~~	65022
5123.197 of the Revised Code.	65023

(K) A licensee shall notify the owner of the building in	65024
which the licensee's residential facility is located of any	65025
significant change in the identity of the licensee or management	65026
contractor before the effective date of the change if the licensee	65027
is not the owner of the building.	65028

Pursuant to rules which shall be adopted in accordance with	65029
Chapter 119. of the Revised Code, the director may require	65030
notification to the department of any significant change in the	65031
ownership of a residential facility or in the identity of the	65032
licensee or management contractor. If the director determines that	65033
a significant change of ownership is proposed, the director shall	65034
consider the proposed change to be an application for development	65035
by a new operator pursuant to section 5123.042 of the Revised Code	65036
and shall advise the applicant within sixty days of the	65037
notification that the current license shall continue in effect or	65038
a new license will be required pursuant to this section. If the	65039
director requires a new license, the director shall permit the	65040
facility to continue to operate under the current license until	65041
the new license is issued, unless the current license is revoked,	65042
refused to be renewed, or terminated in accordance with Chapter	65043
119. of the Revised Code.	65044

(L) A county board of developmental disabilities, the legal	65045
rights service, and any interested person may file complaints	65046
alleging violations of statute or department rule relating to	65047
residential facilities with the department. All complaints shall	65048
be in writing and shall state the facts constituting the basis of	65049
the allegation. The department shall not reveal the source of any	65050
complaint unless the complainant agrees in writing to waive the	65051
right to confidentiality or until so ordered by a court of	65052
competent jurisdiction.	65053

The department shall adopt rules in accordance with Chapter	65054
119. of the Revised Code establishing procedures for the receipt,	65055
referral, investigation, and disposition of complaints filed with	65056
the department under this division.	65057

(M) The department shall establish procedures for the	65058
notification of interested parties of the transfer or interim care	65059
of residents from residential facilities that are closing or are	65060
losing their license.	65061

(N) Before issuing a license under this section to a	65062
residential facility that will accommodate at any time more than	65063
one mentally retarded or developmentally disabled individual, the	65064
director shall, by first class mail, notify the following:	65065

(1) If the facility will be located in a municipal	65066
corporation, the clerk of the legislative authority of the	65067
municipal corporation;	65068

(2) If the facility will be located in unincorporated	65069
territory, the clerk of the appropriate board of county	65070
commissioners and the fiscal officer of the appropriate board of	65071
township trustees.	65072

The director shall not issue the license for ten days after	65073
mailing the notice, excluding Saturdays, Sundays, and legal	65074
holidays, in order to give the notified local officials time in	65075
which to comment on the proposed issuance.	65076

Any legislative authority of a municipal corporation, board	65077
of county commissioners, or board of township trustees that	65078
receives notice under this division of the proposed issuance of a	65079
license for a residential facility may comment on it in writing to	65080
the director within ten days after the director mailed the notice,	65081
excluding Saturdays, Sundays, and legal holidays. If the director	65082
receives written comments from any notified officials within the	65083
specified time, the director shall make written findings	65084
concerning the comments and the director's decision on the	65085
issuance of the license. If the director does not receive written	65086
comments from any notified local officials within the specified	65087
time, the director shall continue the process for issuance of the	65088
license.	65089

(O) Any person may operate a licensed residential facility	65090
that provides room and board, personal care, habilitation	65091
services, and supervision in a family setting for at least six but	65092
not more than eight persons with mental retardation or a	65093
developmental disability as a permitted use in any residential	65094
district or zone, including any single-family residential district	65095
or zone, of any political subdivision. These residential	65096
facilities may be required to comply with area, height, yard, and	65097
architectural compatibility requirements that are uniformly	65098
imposed upon all single-family residences within the district or	65099
zone.	65100

(P) Any person may operate a licensed residential facility	65101
that provides room and board, personal care, habilitation	65102
services, and supervision in a family setting for at least nine	65103
but not more than sixteen persons with mental retardation or a	65104
developmental disability as a permitted use in any multiple-family	65105
residential district or zone of any political subdivision, except	65106
that a political subdivision that has enacted a zoning ordinance	65107
or resolution establishing planned unit development districts may	65108
exclude these residential facilities from those districts, and a	65109
political subdivision that has enacted a zoning ordinance or	65110
resolution may regulate these residential facilities in	65111
multiple-family residential districts or zones as a conditionally	65112
permitted use or special exception, in either case, under	65113
reasonable and specific standards and conditions set out in the	65114
zoning ordinance or resolution to:	65115

(1) Require the architectural design and site layout of the	65116
residential facility and the location, nature, and height of any	65117
walls, screens, and fences to be compatible with adjoining land	65118
uses and the residential character of the neighborhood;	65119

(2) Require compliance with yard, parking, and sign	65120
regulation;	65121

(3) Limit excessive concentration of these residential	65122
facilities.	65123

(Q) This section does not prohibit a political subdivision	65124
from applying to residential facilities nondiscriminatory	65125
regulations requiring compliance with health, fire, and safety	65126
regulations and building standards and regulations.	65127

(R) Divisions (O) and (P) of this section are not applicable	65128
to municipal corporations that had in effect on June 15, 1977, an	65129
ordinance specifically permitting in residential zones licensed	65130
residential facilities by means of permitted uses, conditional	65131
uses, or special exception, so long as such ordinance remains in	65132
effect without any substantive modification.	65133

(S)(1) The director may issue an interim license to operate a	65134
residential facility to an applicant for a license under this	65135
section if either of the following is the case:	65136

(a) The director determines that an emergency exists	65137
requiring immediate placement of persons in a residential	65138
facility, that insufficient licensed beds are available, and that	65139
the residential facility is likely to receive a permanent license	65140
under this section within thirty days after issuance of the	65141
interim license.	65142

(b) The director determines that the issuance of an interim	65143
license is necessary to meet a temporary need for a residential	65144
facility.	65145

(2) To be eligible to receive an interim license, an	65146
applicant must meet the same criteria that must be met to receive	65147
a permanent license under this section, except for any differing	65148
procedures and time frames that may apply to issuance of a	65149
permanent license.	65150

(3) An interim license shall be valid for thirty days and may	65151
be renewed by the director for a period not to exceed one hundred	65152
fifty days.	65153

(4) The director shall adopt rules in accordance with Chapter	65154
119. of the Revised Code as the director considers necessary to	65155
administer the issuance of interim licenses.	65156

(T) Notwithstanding rules adopted pursuant to this section	65157
establishing the maximum number of persons who may be served in a	65158
particular type of residential facility, a residential facility	65159
shall be permitted to serve the same number of persons being	65160
served by the facility on the effective date of the rules or the	65161
number of persons for which the facility is authorized pursuant to	65162
a current application for a certificate of need with a letter of	65163
support from the department of developmental disabilities and	65164
which is in the review process prior to April 4, 1986.	65165

(U) The director or the director's designee may enter at any	65166
time, for purposes of investigation, any home, facility, or other	65167
structure that has been reported to the director or that the	65168
director has reasonable cause to believe is being operated as a	65169
residential facility without a license issued under this section.	65170

The director may petition the court of common pleas of the	65171
county in which an unlicensed residential facility is located for	65172
an order enjoining the person or governmental agency operating the	65173
facility from continuing to operate without a license. The court	65174
may grant the injunction on a showing that the person or	65175
governmental agency named in the petition is operating a	65176
residential facility without a license. The court may grant the	65177
injunction, regardless of whether the residential facility meets	65178
the requirements for receiving a license under this section.	65179

Sec. 5123.192. (A) A person or government agency operating,	65180
on the effective date of this section, an intermediate care	65181
facility for the mentally retarded pursuant to a nursing home	65182
license issued under Chapter 3721. of the Revised Code shall do	65183
both of the following as a condition of continuing to operate the	65184
facility on and after July 1, 2013:	65185

(1) Not later than February 1, 2013, apply to the director of	65186
developmental disabilities for a residential facility license	65187
under section 5123.19 of the Revised Code for the facility;	65188

(2) Not later than July 1, 2013, obtain the residential	65189
facility license for the facility.	65190

(B) The nursing home license of an intermediate care facility	65191
for the mentally retarded shall cease to be valid at the earliest	65192
of the following:	65193

(1) The date that the facility's nursing home license is	65194
revoked or voided under section 3721.07 of the Revised Code;	65195

(2) The date that a residential facility license is obtained	65196
for the facility under section 5123.19 of the Revised Code;	65197

(3) July 1, 2013.

65198

(C) Except for existing nursing home beds not certified as	65199
intermediate care facility for the mentally retarded beds and	65200
relocated in accordance with a move authorized by a certificate of	65201
need under Chapter 3702. of the Revised Code, no bed that is part	65202
of an intermediate care facility for the mentally retarded that is	65203
licensed as a nursing home on the effective date of this section	65204
may be used as part of a nursing home on and after the earlier of	65205
the following:	65206

(1) The date that a residential facility license is obtained	65207
for the facility under section 5123.19 of the Revised Code;	65208

(2) July 1, 2013.

65209

Sec. 5123.31. (A) The department of developmental	65210
disabilities shall keep ~~in its office, accessible only to its~~	65211
~~employees, except by the consent of the department or the order of~~	65212
~~the judge of a court of record,~~ a record showing the name,	65213
residence, sex, age, nativity, occupation, condition, and date of	65214
entrance or commitment of every resident in the institutions	65215
governed by it, the date, cause, and terms of discharge and the	65216
condition of such person at the time of leaving, and also a record	65217
of all transfers from one institution to another, and, if such	65218
person dies while in the care or custody of the department, the	65219
date and cause of death. These and such other facts as the	65220
department requires shall be furnished by the managing officer of	65221
each institution within ten days after the commitment, entrance,	65222
death, or discharge of a resident.	65223

Except as provided in division (C) of this section, the	65224
department shall maintain the records described in this division	65225
in its office. The department shall make the records accessible	65226
only to its employees, except by the consent of the department or	65227
the order of the judge of a court of record.	65228

(B) In case of an accident or injury or peculiar death of a	65229
an institution resident the managing officer shall make a special	65230
report to the department within twenty-four hours thereafter,	65231
giving the circumstances as fully as possible.	65232

(C) After a period of time determined by the department, the	65233
records described in division (A) of this section may be deposited	65234
with the Ohio historical society. Neither the records nor the	65235
information contained in them shall be disclosed by the historical	65236
society, except as provided in section 5123.89 of the Revised	65237
Code.	65238

Sec. 5123.38. (A) Except as provided in division (B) ~~and (C)~~	65239
of this section, if an individual receiving supported living or	65240
home and community-based services funded by a county board of	65241
developmental disabilities is committed to a state-operated	65242
intermediate care facility for the mentally retarded pursuant to	65243
sections 5123.71 to 5123.76 of the Revised Code, ~~the department of~~	65244
~~developmental disabilities shall use the funds otherwise allocated~~	65245
to the county board asis responsible for the nonfederal share of	65246
medicaid expenditures for the individual's care in the	65247
state-operated facility. The department of developmental	65248
disabilities shall collect the amount of the nonfederal share from	65249
the county board by either withholding that amount from funds the	65250
department has otherwise allocated to the county board or	65251
submitting an invoice for payment of that amount to the county	65252
board.	65253

(B) Division (A) of this section does not apply ~~if the~~under	65254
any of the following circumstances:	65255

(1) The county board, not later than ninety days after the	65256
date of the commitment of a person receiving supported ~~services~~	65257
living, commences funding of supported living for an individual	65258
who resides in a state-operated intermediate care facility for the	65259
mentally retarded on the date of the commitment or another	65260
eligible individual designated by the department.	65261

~~(C) Division (A) of this section does not apply if the~~(2)	65262
The county board, not later than ninety days after the date of the	65263
commitment of a person receiving home and community-based	65264
services, commences funding of home and community-based services	65265
for an individual who resides in a state-operated intermediate	65266
care facility for the mentally retarded on the date of the	65267
commitment or another eligible individual designated by the	65268
department.	65269

(3) The director of developmental disabilities, after	65270
determining that circumstances warrant granting a waiver in an	65271
individual's case, grants the county board a waiver that exempts	65272
the county board from responsibility for the nonfederal share for	65273
that case.	65274

Sec. 5123.41. As used in this section and sections 5123.42	65275
to 5123.47 of the Revised Code:	65276

(A) "Adult services" has the same meaning as in section	65277
5126.01 of the Revised Code.	65278

(B) "Certified supported living provider" means a person or	65279
government entity certified under section 5123.161 of the Revised	65280
Code.	65281

(C) "Drug" has the same meaning as in section 4729.01 of the	65282
Revised Code.	65283

(D) "Family support services" has the same meaning as in	65284
section 5126.01 of the Revised Code.	65285

(E) "Health-related activities" means the following:

65286

(1) Taking vital signs;

65287

(2) Application of clean dressings that do not require health	65288
assessment;	65289

(3) Basic measurement of bodily intake and output;

65290

(4) Oral suctioning;

65291

(5) Use of glucometers;

65292

(6) External urinary catheter care;

65293

(7) Emptying and replacing colostomy bags;

65294

(8) Collection of specimens by noninvasive means.

65295

(F) "Licensed health professional authorized to prescribe	65296
drugs" has the same meaning as in section 4729.01 of the Revised	65297
Code.	65298

(G) "MR/DD personnel" means the employees and the workers	65299
under contract who provide specialized services to individuals	65300
with mental retardation and developmental disabilities. "MR/DD	65301
personnel" includes those who provide the services as follows:	65302

(1) Through direct employment with the department of	65303
developmental disabilities or a county board of developmental	65304
disabilities;	65305

(2) Through an entity under contract with the department of	65306
developmental disabilities or a county board of developmental	65307
disabilities;	65308

(3) Through direct employment or by being under contract with	65309
private entities, including private entities that operate	65310
residential facilities.	65311

(H) "Nursing delegation" means the process established in	65312
rules adopted by the board of nursing pursuant to Chapter 4723. of	65313
the Revised Code under which a registered nurse or licensed	65314
practical nurse acting at the direction of a registered nurse	65315
transfers the performance of a particular nursing activity or task	65316
to another person who is not otherwise authorized to perform the	65317
activity or task.	65318

(I) "Prescribed medication" means a drug that is to be	65319
administered according to the instructions of a licensed health	65320
professional authorized to prescribe drugs.	65321

(J) "Residential facility" means a facility licensed under	65322
section 5123.19 of the Revised Code ~~or subject to section 5123.192~~	65323
~~of the Revised Code~~.	65324

(K) "Specialized services" has the same meaning as in section	65325
5123.50 of the Revised Code.	65326

(L) "Tube feeding" means the provision of nutrition to an	65327
individual through a gastrostomy tube or a jejunostomy tube.	65328

Sec. 5123.50. As used in ~~this section and~~ sections ~~5123.51,~~	65329
~~5123.52, and 5123.541~~5123.50 to 5123.542 of the Revised Code:	65330

(A) "Abuse" means all of the following:

65331

(1) The use of physical force that can reasonably be expected	65332
to result in physical harm or serious physical harm;	65333

(2) Sexual abuse;

65334

(3) Verbal abuse.

65335

(B) "Misappropriation" means depriving, defrauding, or	65336
otherwise obtaining the real or personal property of an individual	65337
by any means prohibited by the Revised Code, including violations	65338
of Chapter 2911. or 2913. of the Revised Code.	65339

65340

(1) An employee of the department of developmental	65341
disabilities;	65342

(2) An employee of a county board of developmental	65343
disabilities;	65344

(3) An employee in a position that includes providing	65345
specialized services to an individual with mental retardation or	65346
another developmental disability;	65347

(4) An independent provider as defined in section 5123.16 of	65348
the Revised Code.	65349

(D) "Neglect" means, when there is a duty to do so, failing	65350
to provide an individual with any treatment, care, goods, or	65351
services that are necessary to maintain the health and safety of	65352
the individual.	65353

(E) "Offense of violence" has the same meaning as in section	65354
2901.01 of the Revised Code.	65355

(F) "Physical harm" and "serious physical harm" have the same	65356
meanings as in section 2901.01 of the Revised Code.	65357

~~(F)~~(G) "Prescribed medication" has the same meaning as in	65358
section 5123.41 of the Revised Code.	65359

(H) "Sexual abuse" means unlawful sexual conduct or sexual	65360
contact.	65361

~~(G)~~(I) "Specialized services" means any program or service	65362
designed and operated to serve primarily individuals with mental	65363
retardation or a developmental disability, including a program or	65364
service provided by an entity licensed or certified by the	65365
department of developmental disabilities. A program or service	65366
available to the general public is not a specialized service.	65367

~~(H)~~(J) "Verbal abuse" means purposely using words to	65368
threaten, coerce, intimidate, harass, or humiliate an individual.	65369

~~(I)~~(K) "Sexual conduct," "sexual contact," and "spouse" have	65370
the same meanings as in section 2907.01 of the Revised Code.	65371

Sec. 5123.51. (A) In addition to any other action required	65372
by sections 5123.61 and 5126.31 of the Revised Code, the	65373
department of developmental disabilities shall review each report	65374
the department receives of abuse or neglect of an individual with	65375
mental retardation or a developmental disability or	65376
misappropriation of an individual's property that includes an	65377
allegation that an MR/DD employee committed or was responsible for	65378
the abuse, neglect, or misappropriation. The department shall	65379
review a report it receives from a public children services agency	65380
only after the agency completes its investigation pursuant to	65381
section 2151.421 of the Revised Code. On receipt of a notice under	65382
section 2930.061 or 5123.541 of the Revised Code, the department	65383
shall review the notice.	65384

(B) The department shall do both of the following:

65385

(1) Investigate the allegation or adopt the findings of an	65386
investigation or review of the allegation conducted by another	65387
person or government entity and determine whether there is a	65388
reasonable basis for the allegation;	65389

(2) If the department determines that there is a reasonable	65390
basis for the allegation, conduct an adjudication pursuant to	65391
Chapter 119. of the Revised Code.	65392

(C)(1) The department shall appoint an independent hearing	65393
officer to conduct any hearing conducted pursuant to division	65394
(B)(2) of this section, except that, if the hearing is regarding	65395
an employee of the department who is represented by a union, the	65396
department and a representative of the union shall jointly select	65397
the hearing officer.	65398

(2)(a) Except as provided in division (C)(2)(b) of this	65399
section, no hearing shall be conducted under division (B)(2) of	65400
this section until any criminal proceeding or collective	65401
bargaining arbitration concerning the same allegation has	65402
concluded.	65403

(b) The department may conduct a hearing pursuant to division	65404
(B)(2) of this section before a criminal proceeding concerning the	65405
same allegation is concluded if both of the following are the	65406
case:	65407

(i) The department notifies the prosecutor responsible for	65408
the criminal proceeding that the department proposes to conduct a	65409
hearing.	65410

(ii) The prosecutor consents to the hearing.

65411

(3) In conducting a hearing pursuant to division (B)(2) of	65412
this section, the hearing officer shall do all of the following:	65413

(a) Determine whether there is clear and convincing evidence	65414
that the MR/DD employee has done any of the following:	65415

(i) Misappropriated property of one or more individuals with	65416
mental retardation or a developmental disability that has a value,	65417
either separately or taken together, of one hundred dollars or	65418
more;	65419

(ii) Misappropriated property of an individual with mental	65420
retardation or a developmental disability that is designed to be	65421
used as a check, draft, negotiable instrument, credit card, charge	65422
card, or device for initiating an electronic fund transfer at a	65423
point of sale terminal, automated teller machine, or cash	65424
dispensing machine;	65425

(iii) Misappropriated prescribed medication of an individual	65426
with mental retardation or a developmental disability;	65427

(iv) Knowingly abused such an individual;

65428

~~(iv)~~(v) Recklessly abused or neglected such an individual,	65429
with resulting physical harm;	65430

~~(v)~~(vi) Negligently abused or neglected such an individual,	65431
with resulting serious physical harm;	65432

~~(vi)~~(vii) Recklessly neglected such an individual, creating a	65433
substantial risk of serious physical harm;	65434

~~(vii)~~(viii) Engaged in sexual conduct or had sexual contact	65435
with an individual with mental retardation or another	65436
developmental disability who was not the MR/DD employee's spouse	65437
and for whom the MR/DD employee was employed or under a contract	65438
to provide care;	65439

~~(viii)~~(ix) Unreasonably failed to make a report pursuant to	65440
division (C) of section 5123.61 of the Revised Code when the	65441
employee knew or should have known that the failure would result	65442
in a substantial risk of harm to an individual with mental	65443
retardation or a developmental disability;	65444

(x) Been convicted of or entered a plea of guilty to any of	65445
the following if the victim of the offense is an individual with	65446
mental retardation or a developmental disability: an offense of	65447
violence, a violation of a section contained in Chapter 2907. or	65448
Chapter 2913. of the Revised Code, or a violation of section	65449
2903.16, 2903.34, 2903.341, or 2919.22 of the Revised Code.	65450

(b) Give weight to the decision in any collective bargaining	65451
arbitration regarding the same allegation;	65452

(c) Give weight to any relevant facts presented at the	65453
hearing.	65454

(D)(1) Unless the director of developmental disabilities	65455
determines that there are extenuating circumstances and except as	65456
provided in division (E) of this section, if the director, after	65457
considering all of the factors listed in division (C)(3) of this	65458
section, finds that there is clear and convincing evidence that an	65459
MR/DD employee has done one or more of the things described in	65460
division (C)(3)(a) of this section the director shall include the	65461
name of the employee in the registry established under section	65462
5123.52 of the Revised Code.	65463

(2) Extenuating circumstances the director must consider	65464
include the use of physical force by an MR/DD employee that was	65465
necessary as self-defense.	65466

(3) If the director includes an MR/DD employee in the	65467
registry established under section 5123.52 of the Revised Code,	65468
the director shall notify the employee, the person or government	65469
entity that employs or contracts with the employee, the individual	65470
with mental retardation or a developmental disability who was the	65471
subject of the report and that individual's legal guardian, if	65472
any, the attorney general, and the prosecuting attorney or other	65473
law enforcement agency. If the MR/DD employee holds a license,	65474
certificate, registration, or other authorization to engage in a	65475
profession issued pursuant to Title XLVII of the Revised Code, the	65476
director shall notify the appropriate agency, board, department,	65477
or other entity responsible for regulating the employee's	65478
professional practice.	65479

(4) If an individual whose name appears on the registry is	65480
involved in a court proceeding or arbitration arising from the	65481
same facts as the allegation resulting in the individual's	65482
placement on the registry, the disposition of the proceeding or	65483
arbitration shall be noted in the registry next to the	65484
individual's name.	65485

(E) In the case of an allegation concerning an employee of	65486
the department, after the hearing conducted pursuant to division	65487
(B)(2) of this section, the director of health or that director's	65488
designee shall review the decision of the hearing officer to	65489
determine whether the standard described in division (C)(3) of	65490
this section has been met. If the director or designee determines	65491
that the standard has been met and that no extenuating	65492
circumstances exist, the director or designee shall notify the	65493
director of developmental disabilities that the MR/DD employee is	65494
to be included in the registry established under section 5123.52	65495
of the Revised Code. If the director of developmental disabilities	65496
receives such notification, the director shall include the MR/DD	65497
employee in the registry and shall provide the notification	65498
described in division (D)(3) of this section.	65499

(F) If the department is required by Chapter 119. of the	65500
Revised Code to give notice of an opportunity for a hearing and	65501
the MR/DD employee subject to the notice does not timely request a	65502
hearing in accordance with section 119.07 or 5123.0414 of the	65503
Revised Code, the department is not required to hold a hearing.	65504

(G) Files and records of investigations conducted pursuant to	65505
this section are not public records as defined in section 149.43	65506
of the Revised Code, but, on request, the department shall provide	65507
copies of those files and records to the attorney general, a	65508
prosecuting attorney, or a law enforcement agency.	65509

Sec. 5123.542. (A) Each of the following shall annually	65510
provide a written notice to each of its MR/DD employees explaining	65511
the conduct for which an MR/DD employee may be included in the	65512
registry established under section 5123.52 of the Revised Code:	65513

(1) The department of developmental disabilities;

65514

(2) Each county board of developmental disabilities;

65515

(3) Each ~~contracting entity~~provider and subcontractor, as	65516
defined in section ~~5126.281~~5123.081 of the Revised Code;	65517

(4) Each owner, operator, or administrator of a residential	65518
facility, as defined in section 5123.19 of the Revised Code;	65519

(5) Each owner, operator, or administrator of a program	65520
certified by the department to provide supported living.	65521

(B) The department of developmental disabilities or a county	65522
board of developmental disabilities shall provide the notice	65523
required by division (A) of this section to an MR/DD employee who	65524
is an independent provider as defined in section 5123.16 of the	65525
Revised Code.	65526

(C) The notice described in division (A) of this section	65527
shall be in a form and provided in a manner prescribed by the	65528
department of developmental disabilities. The form shall be the	65529
same for all persons and entities required to provide notice under	65530
division (A) of this section.	65531

(C) The fact that an MR/DD employee does not receive the	65532
notice required by this section does not exempt the employee from	65533
inclusion in the registry established under section 5123.52 of the	65534
Revised Code.	65535

Sec. 5123.61. (A) As used in this section:

65536

(1) "Law enforcement agency" means the state highway patrol,	65537
the police department of a municipal corporation, or a county	65538
sheriff.	65539

(2) "Abuse" has the same meaning as in section 5123.50 of the	65540
Revised Code, except that it includes a misappropriation, as	65541
defined in that section.	65542

(3) "Neglect" has the same meaning as in section 5123.50 of	65543
the Revised Code.	65544

(B) The department of developmental disabilities shall	65545
establish a registry office for the purpose of maintaining reports	65546
of abuse, neglect, and other major unusual incidents made to the	65547
department under this section and reports received from county	65548
boards of developmental disabilities under section 5126.31 of the	65549
Revised Code. The department shall establish committees to review	65550
reports of abuse, neglect, and other major unusual incidents.	65551

(C)(1) Any person listed in division (C)(2) of this section,	65552
having reason to believe that a person with mental retardation or	65553
a developmental disability has suffered or faces a substantial	65554
risk of suffering any wound, injury, disability, or condition of	65555
such a nature as to reasonably indicate abuse or neglect of that	65556
person, shall immediately report or cause reports to be made of	65557
such information to the entity specified in this division. Except	65558
as provided in section 5120.173 of the Revised Code or as	65559
otherwise provided in this division, the person making the report	65560
shall make it to a law enforcement agency or to the county board	65561
of developmental disabilities. If the report concerns a resident	65562
of a facility operated by the department of developmental	65563
disabilities the report shall be made either to a law enforcement	65564
agency or to the department. If the report concerns any act or	65565
omission of an employee of a county board of developmental	65566
disabilities, the report immediately shall be made to the	65567
department and to the county board.	65568

(2) All of the following persons are required to make a	65569
report under division (C)(1) of this section:	65570

(a) Any physician, including a hospital intern or resident,	65571
any dentist, podiatrist, chiropractor, practitioner of a limited	65572
branch of medicine as specified in section 4731.15 of the Revised	65573
Code, hospital administrator or employee of a hospital, nurse	65574
licensed under Chapter 4723. of the Revised Code, employee of an	65575
ambulatory health facility as defined in section 5101.61 of the	65576
Revised Code, employee of a home health agency, employee of an	65577
~~adult care~~residential facility licensed under ~~Chapter 3722.~~	65578
section 5119.22 of the Revised Code that provides accommodations,	65579
supervision, and personal care services for three to sixteen	65580
unrelated adults, or employee of a community mental health	65581
facility;	65582

(b) Any school teacher or school authority, social worker,	65583
psychologist, attorney, peace officer, coroner, or residents'	65584
rights advocate as defined in section 3721.10 of the Revised Code;	65585

(c) A superintendent, board member, or employee of a county	65586
board of developmental disabilities; an administrator, board	65587
member, or employee of a residential facility licensed under	65588
section 5123.19 of the Revised Code; an administrator, board	65589
member, or employee of any other public or private provider of	65590
services to a person with mental retardation or a developmental	65591
disability, or any MR/DD employee, as defined in section 5123.50	65592
of the Revised Code;	65593

(d) A member of a citizen's advisory council established at	65594
an institution or branch institution of the department of	65595
developmental disabilities under section 5123.092 of the Revised	65596
Code;	65597

(e) A ~~clergyman~~member of the clergy who is employed in a	65598
position that includes providing specialized services to an	65599
individual with mental retardation or another developmental	65600
disability, while acting in an official or professional capacity	65601
in that position, or a person who is employed in a position that	65602
includes providing specialized services to an individual with	65603
mental retardation or another developmental disability and who,	65604
while acting in an official or professional capacity, renders	65605
spiritual treatment through prayer in accordance with the tenets	65606
of an organized religion.	65607

(3)(a) The reporting requirements of this division do not	65608
apply to members of the legal rights service commission or to	65609
employees of the legal rights service.	65610

(b) An attorney or physician is not required to make a report	65611
pursuant to division (C)(1) of this section concerning any	65612
communication the attorney or physician receives from a client or	65613
patient in an attorney-client or physician-patient relationship,	65614
if, in accordance with division (A) or (B) of section 2317.02 of	65615
the Revised Code, the attorney or physician could not testify with	65616
respect to that communication in a civil or criminal proceeding,	65617
except that the client or patient is deemed to have waived any	65618
testimonial privilege under division (A) or (B) of section 2317.02	65619
of the Revised Code with respect to that communication and the	65620
attorney or physician shall make a report pursuant to division	65621
(C)(1) of this section, if both of the following apply:	65622

(i) The client or patient, at the time of the communication,	65623
is a person with mental retardation or a developmental disability.	65624

(ii) The attorney or physician knows or suspects, as a result	65625
of the communication or any observations made during that	65626
communication, that the client or patient has suffered or faces a	65627
substantial risk of suffering any wound, injury, disability, or	65628
condition of a nature that reasonably indicates abuse or neglect	65629
of the client or patient.	65630

(4) Any person who fails to make a report required under	65631
division (C) of this section and who is an MR/DD employee, as	65632
defined in section 5123.50 of the Revised Code, shall be eligible	65633
to be included in the registry regarding misappropriation, abuse,	65634
neglect, or other specified misconduct by MR/DD employees	65635
established under section 5123.52 of the Revised Code.	65636

(D) The reports required under division (C) of this section	65637
shall be made forthwith by telephone or in person and shall be	65638
followed by a written report. The reports shall contain the	65639
following:	65640

(1) The names and addresses of the person with mental	65641
retardation or a developmental disability and the person's	65642
custodian, if known;	65643

(2) The age of the person with mental retardation or a	65644
developmental disability;	65645

(3) Any other information that would assist in the	65646
investigation of the report.	65647

(E) When a physician performing services as a member of the	65648
staff of a hospital or similar institution has reason to believe	65649
that a person with mental retardation or a developmental	65650
disability has suffered injury, abuse, or physical neglect, the	65651
physician shall notify the person in charge of the institution or	65652
that person's designated delegate, who shall make the necessary	65653
reports.	65654

(F) Any person having reasonable cause to believe that a	65655
person with mental retardation or a developmental disability has	65656
suffered or faces a substantial risk of suffering abuse or neglect	65657
may report or cause a report to be made of that belief to the	65658
entity specified in this division. Except as provided in section	65659
5120.173 of the Revised Code or as otherwise provided in this	65660
division, the person making the report shall make it to a law	65661
enforcement agency or the county board of developmental	65662
disabilities. If the person is a resident of a facility operated	65663
by the department of developmental disabilities, the report shall	65664
be made to a law enforcement agency or to the department. If the	65665
report concerns any act or omission of an employee of a county	65666
board of developmental disabilities, the report immediately shall	65667
be made to the department and to the county board.	65668

(G)(1) Upon the receipt of a report concerning the possible	65669
abuse or neglect of a person with mental retardation or a	65670
developmental disability, the law enforcement agency shall inform	65671
the county board of developmental disabilities or, if the person	65672
is a resident of a facility operated by the department of	65673
developmental disabilities, the director of the department or the	65674
director's designee.	65675

(2) On receipt of a report under this section that includes	65676
an allegation of action or inaction that may constitute a crime	65677
under federal law or the law of this state, the department of	65678
developmental disabilities shall notify the law enforcement	65679
agency.	65680

(3) When a county board of developmental disabilities	65681
receives a report under this section that includes an allegation	65682
of action or inaction that may constitute a crime under federal	65683
law or the law of this state, the superintendent of the board or	65684
an individual the superintendent designates under division (H) of	65685
this section shall notify the law enforcement agency. The	65686
superintendent or individual shall notify the department of	65687
developmental disabilities when it receives any report under this	65688
section.	65689

(4) When a county board of developmental disabilities	65690
receives a report under this section and believes that the degree	65691
of risk to the person is such that the report is an emergency, the	65692
superintendent of the board or an employee of the board the	65693
superintendent designates shall attempt a face-to-face contact	65694
with the person with mental retardation or a developmental	65695
disability who allegedly is the victim within one hour of the	65696
board's receipt of the report.	65697

(H) The superintendent of the board may designate an	65698
individual to be responsible for notifying the law enforcement	65699
agency and the department when the county board receives a report	65700
under this section.	65701

(I) An adult with mental retardation or a developmental	65702
disability about whom a report is made may be removed from the	65703
adult's place of residence only by law enforcement officers who	65704
consider that the adult's immediate removal is essential to	65705
protect the adult from further injury or abuse or in accordance	65706
with the order of a court made pursuant to section 5126.33 of the	65707
Revised Code.	65708

(J) A law enforcement agency shall investigate each report of	65709
abuse or neglect it receives under this section. In addition, the	65710
department, in cooperation with law enforcement officials, shall	65711
investigate each report regarding a resident of a facility	65712
operated by the department to determine the circumstances	65713
surrounding the injury, the cause of the injury, and the person	65714
responsible. The investigation shall be in accordance with the	65715
memorandum of understanding prepared under section 5126.058 of the	65716
Revised Code. The department shall determine, with the registry	65717
office which shall be maintained by the department, whether prior	65718
reports have been made concerning an adult with mental retardation	65719
or a developmental disability or other principals in the case. If	65720
the department finds that the report involves action or inaction	65721
that may constitute a crime under federal law or the law of this	65722
state, it shall submit a report of its investigation, in writing,	65723
to the law enforcement agency. If the person with mental	65724
retardation or a developmental disability is an adult, with the	65725
consent of the adult, the department shall provide such protective	65726
services as are necessary to protect the adult. The law	65727
enforcement agency shall make a written report of its findings to	65728
the department.	65729

If the person is an adult and is not a resident of a facility	65730
operated by the department, the county board of developmental	65731
disabilities shall review the report of abuse or neglect in	65732
accordance with sections 5126.30 to 5126.33 of the Revised Code	65733
and the law enforcement agency shall make the written report of	65734
its findings to the county board.	65735

(K) Any person or any hospital, institution, school, health	65736
department, or agency participating in the making of reports	65737
pursuant to this section, any person participating as a witness in	65738
an administrative or judicial proceeding resulting from the	65739
reports, or any person or governmental entity that discharges	65740
responsibilities under sections 5126.31 to 5126.33 of the Revised	65741
Code shall be immune from any civil or criminal liability that	65742
might otherwise be incurred or imposed as a result of such actions	65743
except liability for perjury, unless the person or governmental	65744
entity has acted in bad faith or with malicious purpose.	65745

(L) No employer or any person with the authority to do so	65746
shall discharge, demote, transfer, prepare a negative work	65747
performance evaluation, reduce pay or benefits, terminate work	65748
privileges, or take any other action detrimental to an employee or	65749
retaliate against an employee as a result of the employee's having	65750
made a report under this section. This division does not preclude	65751
an employer or person with authority from taking action with	65752
regard to an employee who has made a report under this section if	65753
there is another reasonable basis for the action.	65754

(M) Reports made under this section are not public records as	65755
defined in section 149.43 of the Revised Code. Information	65756
contained in the reports on request shall be made available to the	65757
person who is the subject of the report, to the person's legal	65758
counsel, and to agencies authorized to receive information in the	65759
report by the department or by a county board of developmental	65760
disabilities.	65761

(N) Notwithstanding section 4731.22 of the Revised Code, the	65762
physician-patient privilege shall not be a ground for excluding	65763
evidence regarding the injuries or physical neglect of a person	65764
with mental retardation or a developmental disability or the cause	65765
thereof in any judicial proceeding resulting from a report	65766
submitted pursuant to this section.	65767

Sec. 5123.89. (A) All certificates, applications, records,	65768
and reports made for the purpose of this chapter, other than court	65769
journal entries or court docket entries, which directly or	65770
indirectly identify a resident or former resident of an	65771
institution for the mentally retarded or person whose	65772
institutionalization has been sought under this chapter shall be	65773
kept confidential and shall not be disclosed by any person except	65774
in the following situations:	65775

(1) It is the judgment of the court for judicial records, and	65776
the managing officer for institution records, that disclosure is	65777
in the best interest of the person identified, and that person or	65778
that person's guardian or, if that person is a minor, that	65779
person's parent or guardian consents.	65780

(2) Disclosure is provided for in other sections of this	65781
chapter.	65782

(3) It is the judgment of the managing officer for	65783
institution records that disclosure to a mental health facility is	65784
in the best interest of the person identified.	65785

(4) Disclosure is of a record deposited with the Ohio	65786
historical society pursuant to division (C) of section 5123.31 of	65787
the Revised Code and the disclosure is made to the closest living	65788
relative of the person identified, on the relative's request.	65789

(B) The department of developmental disabilities shall adopt	65790
rules with respect to the systematic and periodic destruction of	65791
residents' records.	65792

(C)(1) As used in this division, "family" means a parent,	65793
brother, sister, spouse, son, daughter, grandparent, aunt, uncle,	65794
or cousin.	65795

(2) Upon the death of a resident or former resident of an	65796
institution for the mentally retarded or a person whose	65797
institutionalization was sought under this chapter, the managing	65798
officer of an institution shall provide access to the	65799
certificates, applications, records, and reports made for the	65800
purposes of this chapter to the resident's, former resident's, or	65801
person's guardian if the guardian makes a written request. If a	65802
deceased resident, former resident, or person whose	65803
institutionalization was sought under this chapter did not have a	65804
guardian at the time of death, the managing officer shall provide	65805
access to the certificates, applications, records, and reports	65806
made for purposes of this chapter to a member of the person's	65807
family, upon that family member's written request.	65808

(D) No person shall reveal the contents of a record of a	65809
resident except as authorized by this chapter.	65810

Sec. 5126.023. ~~(A)~~ None of the following individuals may	65811
serve as a member of a county board of developmental disabilities:	65812

~~(1)~~(A) An elected public official, except for a township	65813
trustee, township fiscal officer, or individual excluded from the	65814
definition of public official or employee in division (B) of	65815
section 102.01 of the Revised Code;	65816

~~(2)~~(B) An immediate family member of ~~another~~a member of the	65817
same county board ~~member~~;	65818

~~(3) A county board~~(C) An employee orof any county board;

65819

(D) An immediate family member of ~~a county board~~an employee	65820
of the same county board;	65821

~~(4)~~(E) A former employee of ~~the~~a county board whose	65822
employment ~~with the county board~~ ceased less than ~~one~~four	65823
calendar ~~year~~years before the former employee would begin to	65824
serve as a member of the same county board;	65825

~~(5) An~~(F) A former employee of a county board whose	65826
employment ceased less than two years before the former employee	65827
would begin to serve as a member of a different county board;	65828

(G) Unless there is no conflict of interest, an individual	65829
who or whose immediate family member is a board member ~~or an~~	65830
~~employee~~ of an agency licensed or certified by the department of	65831
developmental disabilities to provide services to individuals with	65832
mental retardation or developmental disabilities or an individual	65833
who or whose immediate family member is an employee of such an	65834
agency;	65835

~~(6) An individual who or whose immediate family member is a~~	65836
~~board member or employee of an agency contracting with the county~~	65837
~~board that is not licensed or certified by the department of~~	65838
~~developmental disabilities to provide services to individuals with~~	65839
~~mental retardation or developmental disabilities unless there is~~	65840
~~no conflict of interest;~~	65841

~~(7)~~(H) An individual with an immediate family member who	65842
serves as a county commissioner of a county served by the county	65843
board unless the individual was a member of the county board	65844
before October 31, 1980.	65845

~~(B) All questions relating to the existence of a conflict of~~	65846
~~interest for the purpose of division (A)(6) of this section shall~~	65847
~~be submitted to the local prosecuting attorney for resolution. The~~	65848
~~Ohio ethics commission may examine any issues arising under~~	65849
~~Chapter 102. and sections 2921.42, 2921.421, and 2921.43 of the~~	65850
~~Revised Code.~~	65851

Sec. 5126.0220. (A) The superintendent of the county board	65852
of developmental disabilities shall do all of the following:	65853

~~(A)~~(1) Administer the work of the board, subject to the	65854
board's rules;	65855

~~(B)~~(2) Recommend to the board the changes necessary to	65856
increase the effectiveness of the programs and services offered	65857
pursuant to Chapters 3323. and 5126. of the Revised Code;	65858

~~(C)~~(3) Employ persons for all positions authorized by the	65859
board, approve contracts of employment for management employees	65860
that are for a term of one year or less, and approve personnel	65861
actions that involve employees in the classified civil service as	65862
may be necessary for the work of the board;	65863

~~(D)~~(4) Approve compensation for employees within the limits	65864
set by the salary schedule and budget set by the board ~~and in~~	65865
~~accordance with section 5126.26 of the Revised Code~~, and ensure	65866
that all employees and consultants are properly reimbursed for	65867
actual and necessary expenses incurred in the performance of	65868
official duties;	65869

~~(E)~~(5) Provide consultation to public agencies as defined in	65870
division (C) of section 102.01 of the Revised Code, including	65871
other county boards of developmental disabilities, and to	65872
individuals, agencies, or organizations providing services	65873
supported by the board.	65874

(B) The superintendent may authorize the payment of board	65875
obligations by the county auditor.	65876

Sec. 5126.0221. (A) As used in this section, "specialized	65877
services" has the same meaning as in section ~~5126.281~~5123.081 of	65878
the Revised Code.	65879

(B) Except as provided in division (C) of section 5126.033 of	65880
the Revised Code, none of the following individuals may be	65881
employed by a county board of developmental disabilities:	65882

(1) An employee of an agency contracting with the county	65883
board;	65884

(2) An immediate family member of an employee of an agency	65885
contracting with the county board unless the county board adopts a	65886
resolution authorizing the immediate family member's employment	65887
with the county board or the employment is consistent with a	65888
policy adopted by the board establishing parameters for such	65889
employment and the policy is consistent with Chapter 102. and	65890
sections 2921.42, 2921.421, and 2921.43 of the Revised Code;	65891

(3) An individual with an immediate family member who serves	65892
as a county commissioner of any of the counties served by the	65893
county board unless the individual was an employee of the county	65894
board before October 31, 1980;	65895

(4) An individual who is employed by, has an ownership	65896
interest in, performs or provides administrative duties for, or is	65897
a member of the governing board of an entity that provides	65898
specialized services, regardless of whether the entity contracts	65899
with the county board to provide specialized services.	65900

Sec. 5126.043. ~~When an individual with mental retardation or~~	65901
~~other developmental disability is required within this chapter to~~	65902
~~consent, refuse to give consent, or withdraw consent for services~~	65903
~~and the individual has been adjudicated incompetent pursuant to~~	65904
~~Chapter 2111. of the Revised Code, the guardian for the individual~~	65905
~~appointed under that chapter and functioning in accordance with~~	65906
~~the appointment shall be responsible for giving, refusing to give,~~	65907
~~or withdrawing the consent for services.~~	65908

~~Individuals~~(A) Unless a guardian has been appointed for the	65909
individual, when a decision regarding receipt of a service or	65910
participation in a program provided for or funded under this	65911
chapter or Chapter 5123. of the Revised Code by an individual with	65912
mental retardation or other developmental disability must be made,	65913
the individual shall be permitted to make the decision. The	65914
individual may obtain support and guidance from an adult family	65915
member or other person, but doing so does not affect the right of	65916
the individual to make the decision.	65917

(B) An individual with mental retardation or other	65918
developmental disability may authorize an adult to make a decision	65919
described in division (A) of this section on the individual's	65920
behalf, as long as the adult does not have a financial interest in	65921
the decision. The authorization shall be made in writing.	65922

(C) If a guardian has been appointed for an individual with	65923
mental retardation or other developmental disability, the guardian	65924
shall make any decision described in division (A) of this section	65925
on behalf of the individual. This section does not require	65926
appointment of a guardian.	65927

(D) Individuals with mental retardation and other	65928
developmental disabilities, including those who have been	65929
adjudicated incompetent pursuant to Chapter 2111. of the Revised	65930
Code, have the right to participate in decisions that affect their	65931
lives and to have their needs, desires, and preferences	65932
considered. An adult or guardian who makes a decision pursuant to	65933
division (B) or (C) of this section shall make a decision that is	65934
in the best interests of the individual on whose behalf the	65935
decision is made and that is consistent with the needs, desires,	65936
and preferences of that individual.	65937

Sec. 5126.046. (A) ~~Each county board of developmental~~	65938
~~disabilities that has medicaid local administrative authority~~	65939
~~under division (A) of section 5126.055 of the Revised Code for~~	65940
~~habilitation, vocational, or community employment services~~	65941
~~provided as part of home and community-based services shall create~~	65942
~~a list of all persons and government entities eligible to provide~~	65943
~~such habilitation, vocational, or community employment services.~~	65944
~~If the county board chooses and is eligible to provide such~~	65945
~~habilitation, vocational, or community employment services, the~~	65946
~~county board shall include itself on the list. The county board~~	65947
~~shall make the list available to each individual with mental~~	65948
~~retardation or other developmental disability who resides in the~~	65949
~~county and is eligible for such habilitation, vocational, or~~	65950
~~community employment services. The county board shall also make~~	65951
~~the list available to such individuals' families.~~	65952

AnExcept as otherwise provided by 42 C.F.R. 431.51, an	65953
individual with mental retardation or other developmental	65954
disability who is eligible for ~~habilitation, vocational, or~~	65955
~~community employment~~home and community-based services ~~may choose~~	65956
~~the~~has the right to obtain the services from any provider of the	65957
services.	65958

~~(B) Each month, the department of developmental disabilities~~	65959
~~shall create a list of all persons and government entities~~	65960
~~eligible to provide residential services and supported living. The~~	65961
~~department shall include on the list all residential facilities~~	65962
~~licensed under section 5123.19 of the Revised Code and all~~	65963
~~supported living providers certified under section 5123.161 of the~~	65964
~~Revised Code. The department shall distribute the monthly lists to~~	65965
~~county boards that have local administrative authority under~~	65966
~~division (A) of section 5126.055 of the Revised Code for~~	65967
~~residential services and supported living provided as part of home~~	65968
~~and community-based services. A county board that receives a list~~	65969
~~shall make it available to each individual with mental retardation~~	65970
~~or other developmental disability who resides in the county and is~~	65971
~~eligible for such residential services or supported living. The~~	65972
~~county board shall also make the list available to the families of~~	65973
~~those individuals~~that is qualified to furnish the services and is	65974
willing to furnish the services to the individual. A county board	65975
of developmental disabilities that has medicaid local	65976
administrative authority under division (A) of section 5126.055 of	65977
the Revised Code for home and community-based services and refuses	65978
to permit an individual to obtain home and community-based	65979
services from a qualified and willing provider shall provide the	65980
individual timely notice that the individual may request a hearing	65981
under section 5101.35 of the Revised Code.	65982

(B) An individual with mental retardation or other	65983
developmental disability who is eligible for nonmedicaid	65984
residential services or nonmedicaid supported living ~~may choose~~	65985
~~the~~has the right to obtain the services from any provider of the	65986
residential services or supported living that is qualified to	65987
furnish the residential services or supported living and is	65988
willing to furnish the residential services or supported living to	65989
the individual.	65990

(C) ~~If a county board that has medicaid local administrative~~	65991
~~authority under division (A) of section 5126.055 of the Revised~~	65992
~~Code for home and community-based services violates the right~~	65993
~~established by this section of an individual to choose a provider~~	65994
~~that is qualified and willing to provide services to the~~	65995
~~individual, the individual shall receive timely notice that the~~	65996
~~individual may request a hearing under section 5101.35 of the~~	65997
~~Revised Code.~~The department of developmental disabilities shall	65998
make available to the public on its internet web site an	65999
up-to-date list of all providers of home and community-based	66000
services, nonmedicaid residential services, and nonmedicaid	66001
supported living. County boards shall assist individuals with	66002
mental retardation or other developmental disabilities and the	66003
families of such individuals access the list on the department's	66004
internet web site.	66005

(D) The ~~departments~~director of developmental disabilities	66006
~~and job and family services~~ shall adopt rules in accordance with	66007
Chapter 119. of the Revised Code governing the implementation of	66008
this section. The rules shall include procedures for individuals	66009
to choose their ~~service~~ providers. The rules shall not be limited	66010
by a provider selection system established under section 5126.42	66011
of the Revised Code, including any pool of providers created	66012
pursuant to a provider selection system.	66013

Sec. 5126.055. (A) Except as provided in section 5126.056 of	66014
the Revised Code, a county board of developmental disabilities has	66015
medicaid local administrative authority to, and shall, do all of	66016
the following for an individual with mental retardation or other	66017
developmental disability who resides in the county that the county	66018
board serves and seeks or receives home and community-based	66019
services:	66020

(1) Perform assessments and evaluations of the individual. As	66021
part of the assessment and evaluation process, the county board	66022
shall do all of the following:	66023

(a) Make a recommendation to the department of developmental	66024
disabilities on whether the department should approve or deny the	66025
individual's application for the services, including on the basis	66026
of whether the individual needs the level of care an intermediate	66027
care facility for the mentally retarded provides;	66028

(b) If the individual's application is denied because of the	66029
county board's recommendation and the individual requests a	66030
hearing under section 5101.35 of the Revised Code, present, with	66031
the department of developmental disabilities or department of job	66032
and family services, whichever denies the application, the reasons	66033
for the recommendation and denial at the hearing;	66034

(c) If the individual's application is approved, recommend to	66035
the departments of developmental disabilities and job and family	66036
services the services that should be included in the individual's	66037
individualized service plan and, if either department approves,	66038
reduces, denies, or terminates a service included in the	66039
individual's individualized service plan under section 5111.871 of	66040
the Revised Code because of the county board's recommendation,	66041
present, with the department that made the approval, reduction,	66042
denial, or termination, the reasons for the recommendation and	66043
approval, reduction, denial, or termination at a hearing under	66044
section 5101.35 of the Revised Code.	66045

(2) ~~In accordance with the rules adopted under section~~	66046
~~5126.046 of the Revised Code, perform the county board's~~Perform	66047
any duties assigned to the county board in rules adopted under	66048
~~that~~ section 5126.046 of the Revised Code regarding ~~assisting~~ the	66049
individual's right to choose a qualified and willing provider of	66050
the services and, at a hearing under section 5101.35 of the	66051
Revised Code, present evidence of the process for appropriate	66052
assistance in choosing providers;	66053

(3) If the county board is certified under section 5123.161	66054
of the Revised Code to provide the services and agrees to provide	66055
the services to the individual and the individual chooses the	66056
county board to provide the services, furnish, in accordance with	66057
the county board's medicaid provider agreement and for the	66058
authorized reimbursement rate, the services the individual	66059
requires;	66060

(4) Monitor the services provided to the individual and	66061
ensure the individual's health, safety, and welfare. The	66062
monitoring shall include quality assurance activities. If the	66063
county board provides the services, the department of	66064
developmental disabilities shall also monitor the services.	66065

(5) Develop, with the individual and the provider of the	66066
individual's services, an effective individualized service plan	66067
that includes coordination of services, recommend that the	66068
departments of developmental disabilities and job and family	66069
services approve the plan, and implement the plan unless either	66070
department disapproves it. The individualized service plan shall	66071
include a summary page, agreed to by the county board, provider,	66072
and individual receiving services, that clearly outlines the	66073
amount, duration, and scope of services to be provided under the	66074
plan.	66075

(6) Have an investigative agent conduct investigations under	66076
section 5126.313 of the Revised Code that concern the individual;	66077

(7) Have a service and support administrator perform the	66078
duties under division (B)(9) of section 5126.15 of the Revised	66079
Code that concern the individual.	66080

(B) A county board shall perform its medicaid local	66081
administrative authority under this section in accordance with all	66082
of the following:	66083

(1) The county board's plan that the department of	66084
developmental disabilities approves under section 5123.046 of the	66085
Revised Code;	66086

(2) All applicable federal and state laws;

66087

(3) All applicable policies of the departments of	66088
developmental disabilities and job and family services and the	66089
United States department of health and human services;	66090

(4) The department of job and family services' supervision	66091
under its authority under section 5111.01 of the Revised Code to	66092
act as the single state medicaid agency;	66093

(5) The department of developmental disabilities' oversight.

66094

(C) The departments of developmental disabilities and job and	66095
family services shall communicate with and provide training to	66096
county boards regarding medicaid local administrative authority	66097
granted by this section. The communication and training shall	66098
include issues regarding audit protocols and other standards	66099
established by the United States department of health and human	66100
services that the departments determine appropriate for	66101
communication and training. County boards shall participate in the	66102
training. The departments shall assess the county board's	66103
compliance against uniform standards that the departments shall	66104
establish.	66105

(D) A county board may not delegate its medicaid local	66106
administrative authority granted under this section but may	66107
contract with a person or government entity, including a council	66108
of governments, for assistance with its medicaid local	66109
administrative authority. A county board that enters into such a	66110
contract shall notify the director of developmental disabilities.	66111
The notice shall include the tasks and responsibilities that the	66112
contract gives to the person or government entity. The person or	66113
government entity shall comply in full with all requirements to	66114
which the county board is subject regarding the person or	66115
government entity's tasks and responsibilities under the contract.	66116
The county board remains ultimately responsible for the tasks and	66117
responsibilities.	66118

(E) A county board that has medicaid local administrative	66119
authority under this section shall, through the departments of	66120
developmental disabilities and job and family services, reply to,	66121
and cooperate in arranging compliance with, a program or fiscal	66122
audit or program violation exception that a state or federal audit	66123
or review discovers. The department of job and family services	66124
shall timely notify the department of developmental disabilities	66125
and the county board of any adverse findings. After receiving the	66126
notice, the county board, in conjunction with the department of	66127
developmental disabilities, shall cooperate fully with the	66128
department of job and family services and timely prepare and send	66129
to the department a written plan of correction or response to the	66130
adverse findings. The county board is liable for any adverse	66131
findings that result from an action it takes or fails to take in	66132
its implementation of medicaid local administrative authority.	66133

(F) If the department of developmental disabilities or	66134
department of job and family services determines that a county	66135
board's implementation of its medicaid local administrative	66136
authority under this section is deficient, the department that	66137
makes the determination shall require that county board do the	66138
following:	66139

(1) If the deficiency affects the health, safety, or welfare	66140
of an individual with mental retardation or other developmental	66141
disability, correct the deficiency within twenty-four hours;	66142

(2) If the deficiency does not affect the health, safety, or	66143
welfare of an individual with mental retardation or other	66144
developmental disability, receive technical assistance from the	66145
department or submit a plan of correction to the department that	66146
is acceptable to the department within sixty days and correct the	66147
deficiency within the time required by the plan of correction.	66148

Sec. 5126.13. (A) A county board of developmental	66149
disabilities may enter into an agreement with one or more other	66150
county boards of developmental disabilities to establish a	66151
regional council in accordance with Chapter 167. of the Revised	66152
Code. The agreement shall specify the duties and functions to be	66153
performed by the council, which may include any duty or function a	66154
county board is required or authorized to perform under this	66155
chapter. ~~If directed to do so by a resolution adopted by a county~~	66156
~~board that is a member of a regional council, the department of~~	66157
~~developmental disabilities shall make any distributions of money~~	66158
~~for that county for the duties or functions performed by the~~	66159
~~council pursuant to its agreement that are otherwise required to~~	66160
~~be made to the county board under this chapter to the fiscal~~	66161
~~officer of the council designated under section 167.04 of the~~	66162
~~Revised Code.~~	66163

A county board may also enter into an agreement with one or	66164
more school districts or other political subdivisions to establish	66165
a regional council in accordance with Chapter 167. of the Revised	66166
Code.	66167

(B) On or before the thirtieth day of March, the fiscal	66168
officer of a regional council described in this section shall	66169
report to the department of developmental disabilities, in the	66170
format specified by the department, all income and operating	66171
expenditures of the council for the immediately preceding calendar	66172
year.	66173

Sec. 5126.15. (A) A county board of developmental	66174
disabilities shall provide service and support administration to	66175
each individual three years of age or older who is eligible for	66176
service and support administration if the individual requests, or	66177
a person on the individual's behalf requests, service and support	66178
administration. A board shall provide service and support	66179
administration to each individual receiving home and	66180
community-based services. A board may provide, in accordance with	66181
the service coordination requirements of 34 C.F.R. 303.23, service	66182
and support administration to an individual under three years of	66183
age eligible for early intervention services under 34 C.F.R. part	66184
303. A board may provide service and support administration to an	66185
individual who is not eligible for other services of the board.	66186
Service and support administration shall be provided in accordance	66187
with rules adopted under section 5126.08 of the Revised Code.	66188

A board may provide service and support administration by	66189
directly employing service and support administrators or by	66190
contracting with entities for the performance of service and	66191
support administration. Individuals employed or under contract as	66192
service and support administrators shall not be in the same	66193
collective bargaining unit as employees who perform duties that	66194
are not administrative.	66195

Individuals employed by a board as service and support	66196
administrators shall not be assigned responsibilities for	66197
implementing other services for individuals and shall not be	66198
employed by or serve in a decision-making or policy-making	66199
capacity for any other entity that provides programs or services	66200
to individuals with mental retardation or developmental	66201
disabilities. An individual employed as a conditional status	66202
service and support administrator shall perform the duties of	66203
service and support administration only under the supervision of a	66204
management employee who is a service and support administration	66205
supervisor.	66206

(B) The individuals employed by or under contract with a	66207
board to provide service and support administration shall do all	66208
of the following:	66209

(1) Establish an individual's eligibility for the services of	66210
the county board of developmental disabilities;	66211

(2) Assess individual needs for services;

66212

(3) Develop individual service plans with the active	66213
participation of the individual to be served, other persons	66214
selected by the individual, and, when applicable, the provider	66215
selected by the individual, and recommend the plans for approval	66216
by the department of developmental disabilities when services	66217
included in the plans are funded through medicaid;	66218

(4) Establish budgets for services based on the individual's	66219
assessed needs and preferred ways of meeting those needs;	66220

(5) Assist individuals in making selections from among the	66221
providers they have chosen;	66222

(6) Ensure that services are effectively coordinated and	66223
provided by appropriate providers;	66224

(7) Establish and implement an ongoing system of monitoring	66225
the implementation of individual service plans to achieve	66226
consistent implementation and the desired outcomes for the	66227
individual;	66228

(8) Perform quality assurance reviews as a distinct function	66229
of service and support administration;	66230

(9) Incorporate the results of quality assurance reviews and	66231
identified trends and patterns of unusual incidents and major	66232
unusual incidents into amendments of an individual's service plan	66233
for the purpose of improving and enhancing the quality and	66234
appropriateness of services rendered to the individual;	66235

~~(10) Ensure that each individual receiving services has a~~	66236
~~designated person who is responsible on a continuing basis for~~	66237
~~providing the individual with representation, advocacy, advice,~~	66238
~~and assistance related to the day-to-day coordination of services~~	66239
~~in accordance with the individual's service plan. The service and~~	66240
~~support administrator shall give the individual receiving services~~	66241
~~an opportunity to designate the person to provide daily~~	66242
~~representation. If the individual declines to make a designation,~~	66243
~~the administrator shall make the designation. In either case, the~~	66244
~~individual receiving services may change at any time the person~~	66245
~~designated to provide daily representation~~.	66246

Sec. 5126.20. As used in this section and sections 5126.21	66247
to ~~5126.29~~5126.25 of the Revised Code:	66248

(A) "Service employee" means a person employed by a county	66249
board of developmental disabilities in a position which may	66250
require ~~evidence of~~ registration under section 5126.25 of the	66251
Revised Code but for which a bachelor's degree from an accredited	66252
college or university is not required, and includes employees in	66253
the positions listed in division (C) of section 5126.22 of the	66254
Revised Code.	66255

(B)(1) "Professional employee" means both of the following:

66256

(a) A person employed by a board in a position for which	66257
either a bachelor's degree from an accredited college or	66258
university or a license or certificate issued under Title XLVII of	66259
the Revised Code is a minimum requirement;	66260

(b) A person employed by a board as a conditional status	66261
service and support administrator.	66262

(2) "Professional employee" includes employees in the	66263
positions listed in division (B) of section 5126.22 of the Revised	66264
Code.	66265

(C) "Management employee" means a person employed by a board	66266
in a position having supervisory or managerial responsibilities	66267
and duties, and includes employees in the positions listed in	66268
division (A) of section 5126.22 of the Revised Code.	66269

(D) "Limited contract" means a contract of limited duration	66270
which is renewable at the discretion of the superintendent.	66271

(E) ~~"Continuing contract" means a contract of employment that~~	66272
~~was issued prior to June 24, 1988, to a classified employee under~~	66273
~~which the employee has completed the employee's probationary~~	66274
~~period and under which the employee retains employment until the~~	66275
~~employee retires or resigns, is removed pursuant to section~~	66276
~~5126.23 of the Revised Code, or is laid off.~~	66277

~~(F)~~ "Supervisory responsibilities and duties" includes the	66278
authority to hire, transfer, suspend, lay off, recall, promote,	66279
discharge, assign, reward, or discipline other employees of the	66280
board; to responsibly direct them; to adjust their grievances; or	66281
to effectively recommend such action, if the exercise of that	66282
authority is not of a merely routine or clerical nature but	66283
requires the use of independent judgment.	66284

~~(G)~~(F) "Managerial responsibilities and duties" includes	66285
formulating policy on behalf of the board, responsibly directing	66286
the implementation of policy, assisting in the preparation for the	66287
conduct of collective negotiations, administering collectively	66288
negotiated agreements, or having a major role in personnel	66289
administration.	66290

~~(H)~~(G) "Investigative agent" means an individual who conducts	66291
investigations under section 5126.313 of the Revised Code.	66292

Sec. 5126.21. As used in this section, "management employee"	66293
does not include the superintendent of a county board of	66294
developmental disabilities.	66295

(A)(1) Each management employee of a county board of	66296
developmental disabilities shall hold a limited contract for a	66297
period of not less than one year and not more than five years,	66298
except that a management employee hired after the beginning of a	66299
program year may be employed under a limited contract expiring at	66300
the end of the program year. The board shall approve all contracts	66301
of employment for management employees that are for a term of more	66302
than one year. A management employee shall receive notice of the	66303
superintendent's intention not to rehire the employee at least	66304
ninety days prior to the expiration of the contract. ~~If the~~	66305
~~superintendent fails to notify a management employee, the employee~~	66306
~~shall be reemployed under a limited contract of one year at the~~	66307
~~same salary plus any authorized salary increases.~~	66308

(2) During the term of a contract a management employee's	66309
salary may be increased, but shall not be reduced unless the	66310
reduction is part of a uniform plan affecting all employees of the	66311
board.	66312

(B) All management employees may be removed, suspended, or	66313
demoted for cause pursuant to section 5126.23 of the Revised Code.	66314

(C) All management employees shall receive employee benefits	66315
~~that shall include sick leave, vacation leave, holiday pay, and~~	66316
~~such other benefits~~ as ~~are~~ established by the board. Sections	66317
124.38 and 325.19 of the Revised Code do not apply to management	66318
employees.	66319

(D) The superintendent of a county board of developmental	66320
disabilities shall notify all management employees of the board of	66321
their salary no later than thirty days before the first day of the	66322
new contract year.	66323

(E) ~~All management employees of a county board of~~	66324
~~developmental disabilities who were given continuing contract~~	66325
~~status prior to the effective date of this section have continuing~~	66326
~~contract status so long as they maintain employment with the~~	66327
~~board.~~	66328

~~(F) All management employees who were probationary employees~~	66329
~~on the effective date of this section shall, upon completion of~~	66330
~~their probationary period, be granted continuing contract status~~	66331
~~if retained in employment.~~	66332

~~(G)~~ Each county board of developmental disabilities shall	66333
establish a lay-off policy to be followed if it determines a	66334
reduction in the number of management employees is necessary.	66335

Sec. 5126.22. (A) Employees who hold the following positions	66336
in a county board of developmental disabilities are management	66337
employees:	66338

assistant superintendent

66339

director of business

66340

director of personnel

66341

adult services director

66342

workshop director

66343

habilitation manager

66344

director of residential services

66345

principal (director of children services)

66346

program or service supervisor

66347

plant manager

66348

production manager

66349

service and support administration supervisor

66350

investigative agent

66351

confidential employees as defined in section 4117.01 of the	66352
Revised Code	66353

positions designated by the director of developmental	66354
disabilities as having managerial or supervisory responsibilities	66355
and duties	66356

positions designated by the county board in accordance with	66357
division (D) of this section.	66358

(B) Employees who hold the following positions in a board are	66359
professional employees:	66360

personnel licensed or certified pursuant to Chapter 3319. of	66361
the Revised Code	66362

early intervention specialist

66363

physical development specialist

66364

habilitation specialist

66365

work adjustment specialist

66366

placement specialist

66367

vocational evaluator

66368

psychologist

66369

occupational therapist

66370

speech and language pathologist

66371

recreation specialist

66372

behavior management specialist

66373

physical therapist

66374

supportive home services specialist

66375

licensed practical nurse or registered nurse

66376

rehabilitation counselor

66377

doctor of medicine and surgery or of osteopathic medicine and	66378
surgery	66379

dentist

66380

service and support administrator

66381

conditional status service and support administrator

66382

social worker

66383

any position that is not a management position and for which	66384
the standards for certification established by the director of	66385
developmental disabilities under section 5126.25 of the Revised	66386
Code require a bachelor's or higher degree	66387

professional positions designated by the director

66388

professional positions designated by the county board in	66389
accordance with division (D) of this section.	66390

(C) Employees who hold positions in a board that are neither	66391
management positions nor professional positions are service	66392
employees. Service employee positions include:	66393

workshop specialist

66394

workshop specialist assistant

66395

contract procurement specialist

66396

community employment specialist

66397

any assistant to a professional employee certified to	66398
provide, or supervise the provision of, adult services or service	66399
and support administration	66400

service positions designated by the director

66401

service positions designated by a county board in accordance	66402
with division (D) of this section.	66403

(D) A county board may designate a position only if the	66404
position does not include directly providing, or supervising	66405
employees who directly provide, service or instruction to	66406
individuals with mental retardation or developmental disabilities.	66407

(E) If a county board desires to have a position established	66408
that is not specifically listed in this section that includes	66409
directly providing, or supervising employees who directly provide,	66410
services or instruction to individuals with mental retardation or	66411
developmental disabilities, the board shall submit to the director	66412
a written description of the position and request that the	66413
director designate the position as a management, professional, or	66414
service position under this section. The director shall consider	66415
each request submitted under this division and respond within	66416
thirty days. If the director approves the request, the director	66417
shall designate the position as a management, professional, or	66418
service position.	66419

(F) A county board shall not terminate its employment of any	66420
management, professional, or service employee solely because a	66421
position is added to or eliminated from those positions listed in	66422
this section or because a position is designated or no longer	66423
designated by the director or a county board.	66424

Sec. 5126.25. (A) The director of developmental disabilities	66425
shall adopt rules ~~in accordance with Chapter 119. of the Revised~~	66426
~~Code~~under division (C) of this section establishing uniform	66427
standards and procedures for the certification and registration of	66428
persons ~~for employment by county boards of developmental~~	66429
~~disabilities as superintendents, management employees, and~~	66430
~~professional employees and uniform standards and procedures for~~	66431
~~the registration of persons for employment by county boards as~~	66432
~~registered service employees. As part of the rules, the director~~	66433
~~may establish continuing education and professional training~~	66434
~~requirements for renewal of certificates and evidence of~~	66435
~~registration and shall establish such requirements for renewal of~~	66436
~~an investigative agent certificate. In the rules, the director~~	66437
~~shall establish certification standards for employment in the~~	66438
~~position of investigative agent that require an individual to have~~	66439
~~or obtain no less than an associate degree from an accredited~~	66440
~~college or university or have or obtain comparable experience or~~	66441
~~training. The director shall not adopt rules that require any~~	66442
~~service employee to have or obtain a bachelor's or higher degree.~~	66443

~~The director shall adopt the rules in a manner that provides~~	66444
~~for the issuance of certificates and evidence of registration~~	66445
~~according to categories, levels, and grades. The rules shall~~	66446
~~describe each category, level, and grade.~~	66447

~~The rules adopted under this division shall apply to persons~~	66448
~~employed or seeking employment in a position that includes~~	66449
~~directly providing, or supervising persons who directly provide,~~	66450
~~services or instruction to or on behalf of individuals with mental~~	66451
~~retardation or developmental disabilities, except that the rules~~	66452
~~shall not apply to persons who hold a valid license issued under~~	66453
~~Chapter 3319. of the Revised Code and perform no duties other than~~	66454
~~teaching or supervision of a teaching program or persons who hold~~	66455
~~a valid license or certificate issued under Title XLVII of the~~	66456
~~Revised Code and perform only those duties governed by the license~~	66457
~~or certificate. The rules shall specify the positions that require~~	66458
~~certification or registration. The rules shall specify that the~~	66459
~~position of investigative agent requires certification~~, other than	66460
the persons described in division (I) of this section, who are	66461
seeking employment with or are employed by either of the	66462
following:	66463

(1) A county board of developmental disabilities;

66464

(2) An entity that contracts with a county board to operate	66465
programs and services for individuals with mental retardation or	66466
developmental disabilities.	66467

(B) No person shall be employed in a position for which	66468
certification or registration is required pursuant to the rules	66469
adopted under this section without the certification or	66470
registration that is required for that position. The person shall	66471
not be employed or shall not continue to be employed if the	66472
required certification or registration is denied, revoked, or not	66473
renewed.	66474

~~(B)~~(C) The director shall adopt rules in accordance with	66475
Chapter 119. of the Revised Code ~~establishing standards for~~	66476
~~approval of courses of study to prepare persons to meet~~	66477
~~certification requirements. The director shall approve courses of~~	66478
~~study meeting the standards and provide for the inspection of the~~	66479
~~courses to ensure the maintenance of satisfactory training~~	66480
~~procedures. The director shall approve courses of study only if~~	66481
~~given by a state university or college as defined in section~~	66482
~~3345.32 of the Revised Code, a state university or college of~~	66483
~~another state, or an institution that has received a certificate~~	66484
~~of authorization to confer degrees from the board of regents~~	66485
~~pursuant to Chapter 1713. of the Revised Code or from a comparable~~	66486
~~agency of another state~~as the director considers necessary to	66487
implement and administer this section, including rules	66488
establishing all of the following:	66489

(1) Positions of employment that are subject to this section	66490
and, for each position, whether a person must receive	66491
certification or receive registration to be employed in that	66492
position;	66493

(2) Requirements that must be met to receive the	66494
certification or registration required to be employed in a	66495
particular position, including standards regarding education,	66496
specialized training, and experience, taking into account the	66497
needs of individuals with mental retardation or developmental	66498
disabilities and the specialized techniques needed to serve them,	66499
except that the rules shall not require a person designated as a	66500
service employee under section 5126.22 of the Revised Code to have	66501
or obtain a bachelor's or higher degree;	66502

(3) Procedures to be followed in applying for initial	66503
certification or registration and for renewing the certification	66504
or registration.	66505

(4) Requirements that must be met for renewal of	66506
certification or registration, which may include continuing	66507
education and professional training requirements;	66508

(5) Subject to section 5126.23 of the Revised Code, grounds	66509
for which certification or registration may be denied, suspended,	66510
or revoked and procedures for appealing the denial, suspension, or	66511
revocation.	66512

~~(C)~~(D) Each ~~applicant for a certificate for employment or~~	66513
~~evidence of~~person seeking certification or registration for	66514
employment ~~by a county board~~ shall apply ~~to the department of~~	66515
~~developmental disabilities on forms that the director of the~~	66516
~~department shall prescribe and provide. The application shall be~~	66517
~~accompanied by the application fee~~in the manner established in	66518
rules adopted under this section.	66519

~~(D) The director shall issue a certificate for employment to~~	66520
~~each applicant who meets the standards for certification~~	66521
~~established under this section and shall issue evidence of~~	66522
~~registration for employment to each applicant who meets the~~	66523
~~standards for registration established under this section. Each~~	66524
~~certificate or evidence of registration shall state the category,~~	66525
~~level, and grade for which it is issued.~~	66526

~~The director shall issue, renew, deny, suspend, or revoke~~	66527
~~certificates and evidence of registration in accordance with rules~~	66528
~~adopted under this section. The director shall deny, suspend, or~~	66529
~~revoke a certificate or evidence of registration if the director~~	66530
~~finds, pursuant to an adjudication conducted in accordance with~~	66531
~~Chapter 119. of the Revised Code, that the applicant for or holder~~	66532
~~of the certificate or evidence of registration is guilty of~~	66533
~~intemperate, immoral, or other conduct unbecoming to the~~	66534
~~applicant's or holder's position, or is guilty of incompetence or~~	66535
~~negligence within the scope of the applicant's or holder's duties.~~	66536
~~The director shall deny or revoke a certificate or evidence of~~	66537
~~registration if the director finds, pursuant to an adjudication~~	66538
~~conducted in accordance with Chapter 119. of the Revised Code,~~	66539
~~that the applicant for or holder of the certificate or evidence of~~	66540
~~registration has been convicted of or pleaded guilty to any of the~~	66541
~~offenses described in division (E) of section 5126.28 of the~~	66542
~~Revised Code, unless the individual meets standards for~~	66543
~~rehabilitation that the director establishes in the rules adopted~~	66544
~~under that section. Evidence supporting such allegations shall be~~	66545
~~presented to the director in writing and the director shall~~	66546
~~provide prompt notice of the allegations to the person who is the~~	66547
~~subject of the allegations. A denial, suspension, or revocation~~	66548
~~may be appealed in accordance with procedures the director shall~~	66549
~~establish in the rules adopted under this section.~~	66550

(E)(1) Except as provided in division (E)(2) of this section,	66551
the superintendent of each county board is responsible for taking	66552
all actions regarding certification and registration of employees,	66553
other than the position of superintendent or investigative agent.	66554
For the position of superintendent or investigative agent, the	66555
director of developmental disabilities is responsible for taking	66556
all such actions.	66557

Actions that may be taken by the superintendent or director	66558
include issuing, renewing, denying, suspending, and revoking	66559
certification and registration. All actions shall be taken in	66560
accordance with the rules adopted under this section.	66561

The superintendent may charge a fee to persons applying for	66562
certification or registration. The superintendent shall establish	66563
the amount of the fee according to the costs the county board	66564
incurs in administering its program for certification and	66565
registration of employees.	66566

A person subject to the denial, suspension, or revocation of	66567
certification or registration may appeal the decision. The appeal	66568
shall be made in accordance with the rules adopted under this	66569
section.	66570

(2) Pursuant to division (C) of section 5126.05 of the	66571
Revised Code, the superintendent may enter into a contract with	66572
any other entity under which the entity is given authority to	66573
carry out all or part of the superintendent's responsibilities	66574
under division (E)(1) of this section.	66575

(F) A person ~~holding a~~with valid ~~certificate~~certification	66576
or registration under this section on the effective date of any	66577
rules adopted under this section that increase the standards	66578
applicable to the certification ~~standards~~or registration shall	66579
have such period as the rules prescribe, but not less than one	66580
year after the effective date of the rules, to meet the new	66581
certification or registration standards.	66582

~~A person who is registered under this section on the~~	66583
~~effective date of any rule that changes the standards adopted~~	66584
~~under this section shall have such period as the rules prescribe,~~	66585
~~but not less than one year, to meet the new registration~~	66586
~~standards.~~	66587

~~(2) If an applicant for a certificate for employment has not~~	66588
~~completed the courses of instruction necessary to meet the~~	66589
~~department's standards for certification, the department shall~~	66590
~~inform the applicant of the courses the applicant must~~	66591
~~successfully complete to meet the standards and shall specify the~~	66592
~~time within which the applicant must complete the courses. The~~	66593
~~department shall grant the applicant at least one year to complete~~	66594
~~the courses and shall not require the applicant to complete more~~	66595
~~than four courses in any one year. The applicant is not subject to~~	66596
~~any changes regarding the courses required for certification that~~	66597
~~are made after the department informs the applicant of the courses~~	66598
~~the applicant must complete, unless the applicant does not~~	66599
~~successfully complete the courses within the time specified by the~~	66600
~~department.~~	66601

~~(F)~~(G) A person ~~who holds a certificate~~with valid	66602
certification or ~~evidence of~~ registration~~, other than one~~	66603
~~designated as temporary,~~ is qualified to be employed according to	66604
that ~~certificate~~certification or ~~evidence of~~ registration by any	66605
county board or entity contracting with a county board.	66606

~~(G)~~(H) The director shall monitor county boards to ensure	66607
that their employees ~~who must be certified or registered are~~	66608
~~appropriately certified or registered and~~and the employees of	66609
their contracting entities have the applicable certification or	66610
registration required under this section and that the employees	66611
are performing only those functions they are authorized to perform	66612
under ~~their certificate~~the certification or ~~evidence of~~	66613
registration.	66614

~~(H) A county board superintendent or the superintendent's~~	66615
~~designee may certify to the director that county board employees~~	66616
~~who are required to meet continuing education or professional~~	66617
~~training requirements as a condition of renewal of certificates or~~	66618
~~evidence of registration have met the requirements~~. The	66619
superintendent of each county board or the superintendent's	66620
designee shall maintain in appropriate personnel files evidence	66621
acceptable to the director that the employees have met the	66622
requirements ~~and permit~~. On request, representatives of the	66623
department of developmental disabilities shall be given access to	66624
the evidence ~~on request~~.	66625

(I) ~~All fees collected pursuant to this section shall be~~	66626
~~deposited in the state treasury to the credit of the program fee~~	66627
~~fund created under section 5123.033 of the Revised Code.~~	66628

~~(J) Employees of entities that contract with county boards of~~	66629
~~developmental disabilities to operate programs and services for~~	66630
~~individuals with mental retardation and developmental disabilities~~	66631
~~are subject to the certification and registration requirements~~	66632
~~established under section 5123.082 of the Revised Code~~The	66633
certification and registration requirements of this section and	66634
the rules adopted under it do not apply to either of the	66635
following:	66636

(1) A person who holds a valid license issued or certificate	66637
issued under Chapter 3319. of the Revised Code and performs no	66638
duties other than teaching or supervision of a teaching program;	66639

(2) A person who holds a valid license or certificate issued	66640
under Title XLVII of the Revised Code and performs only those	66641
duties governed by the license or certificate.	66642

Sec. 5126.251. On receipt of a notice pursuant to section	66643
3123.43 of the Revised Code, the director of developmental	66644
disabilities or the superintendent of a county board of	66645
developmental disabilities shall comply with sections 3123.41 to	66646
3123.50 of the Revised Code and any applicable rules adopted under	66647
section 3123.63 of the Revised Code with respect to ~~a certificate~~	66648
a person's certification or ~~evidence of~~ registration ~~issued~~	66649
~~pursuant to this chapter~~under section 5126.25 of the Revised	66650
Code.	66651

Sec. 5126.51. As used in sections 5126.51 to 5126.62 of the	66652
Revised Code:	66653

(A) "Develop" or "development," in contexts not referring to	66654
developmental disabilities, means construction or rehabilitation.	66655

(B) "Eligible lending institution" means a financial	66656
institution that meets all of the following requirements:	66657

(1) Is eligible to make commercial loans;

66658

(2) Has an office located within the territorial limits of	66659
the county;	66660

(3) Is an institution into which the county's investing	66661
authority may deposit the public moneys of the county;	66662

(4) Holds itself out as participating in the residential	66663
facility linked deposit program.	66664

66665

~~(1) A~~a nonprofit corporation that has as its primary	66666
activity the development or operation of a residential facility;	66667

~~(2) A nonprofit corporation certified under section 5123.192~~	66668
~~of the Revised Code~~.	66669

(D) "Investing authority" has the same meaning as in section	66670
135.31 of the Revised Code.	66671

(E) "Residential facility" has the same meaning as in section	66672
5123.19 of the Revised Code ~~and also includes a residence where a~~	66673
~~nonprofit corporation certified under section 5123.192 of the~~	66674
~~Revised Code provides or proposes to provide supported living for~~	66675
~~individuals with mental retardation or developmental disabilities~~.	66676

(F) "Residential facility linked deposit program" means the	66677
linked deposit program provided for in sections 5126.51 to 5126.62	66678
of the Revised Code. A "residential facility linked deposit" is a	66679
deposit of public moneys of the county under, and for the purposes	66680
of, the residential facility linked deposit program. A	66681
"residential facility linked deposit loan" is a loan under, and	66682
for the purposes of, the residential facility linked deposit	66683
program.	66684

Sec. 5139.41. The appropriation made to the department of	66685
youth services for care and custody of felony delinquents shall be	66686
expended in accordance with the following procedure that the	66687
department shall use for each year of a biennium. The procedure	66688
shall be consistent with sections 5139.41 to 5139.43 of the	66689
Revised Code and shall be developed in accordance with the	66690
following guidelines:	66691

(A) The line item appropriation for the care and custody of	66692
felony delinquents shall provide funding for operational costs for	66693
the following:	66694

(1) Institutions and the diagnosis, care, or treatment of	66695
felony delinquents at facilities pursuant to contracts entered	66696
into under section 5139.08 of the Revised Code;	66697

(2) Community corrections facilities constructed,	66698
reconstructed, improved, or financed as described in section	66699
5139.36 of the Revised Code for the purpose of providing	66700
alternative placement and services for felony delinquents who have	66701
been diverted from care and custody in institutions;	66702

(3) County juvenile courts that administer programs and	66703
services for prevention, early intervention, diversion, treatment,	66704
and rehabilitation services and programs that are provided for	66705
alleged or adjudicated unruly or delinquent children or for	66706
children who are at risk of becoming unruly or delinquent	66707
children;	66708

(4) Administrative expenses the department incurs in	66709
connection with the felony delinquent care and custody programs	66710
described in section 5139.43 of the Revised Code.	66711

(B) From the appropriated line item for the care and custody	66712
of felony delinquents, the department, with the advice of the	66713
RECLAIM advisory committee established under section 5139.44 of	66714
the Revised Code, shall allocate annual operational funds for	66715
county juvenile programs, institutional care and custody,	66716
community corrections facilities care and custody, and	66717
administrative expenses incurred by the department associated with	66718
felony delinquent care and custody programs. The department, with	66719
the advice of the RECLAIM advisory committee, shall adjust these	66720
allocations, when modifications to this line item are made by	66721
legislative or executive action.	66722

(C) The department shall divide county juvenile program	66723
allocations among county juvenile courts that administer programs	66724
and services for prevention, early intervention, diversion,	66725
treatment, and rehabilitation that are provided for alleged or	66726
adjudicated unruly or delinquent children or for children who are	66727
at risk of becoming unruly or delinquent children. The department	66728
shall base funding on the county's previous year's ratio of the	66729
department's institutional and community correctional facilities	66730
commitments to that county's ~~four year~~ average of felony	66731
adjudications, as specified in the following formula:	66732

(1) The department shall give to each county a proportional	66733
allocation of commitment credits. The proportional allocation of	66734
commitment credits shall be calculated by the following	66735
procedures:	66736

(a) The department shall determine for each county and for	66737
the state ~~a four year~~an average of felony adjudications.	66738
Beginning July 1, 2012, the average shall include felony	66739
adjudications for fiscal year 2007 and for each subsequent fiscal	66740
year through fiscal year 2016. Beginning July 1, 2017, the most	66741
recent felony adjudication data shall be included and the oldest	66742
fiscal year data shall be removed so that a ten-year average of	66743
felony adjudication data will be maintained.	66744

(b) The department shall determine for each county and for	66745
the state the number of charged bed days, for both the department	66746
and community correctional facilities, from the previous year.	66747

(c) The department shall divide the statewide total number of	66748
charged bed days by the statewide total number of felony	66749
adjudications, which quotient shall then be multiplied by a factor	66750
determined by the department.	66751

(d) The department shall calculate the county's allocation of	66752
credits by multiplying the number of adjudications for each court	66753
by the result determined pursuant to division (C)(1)(c) of this	66754
section.	66755

(2) The department shall subtract from the allocation	66756
determined pursuant to division (C)(1) of this section a credit	66757
for every chargeable bed day a youth stays in a department	66758
institution and two-thirds of credit for every chargeable bed day	66759
a youth stays in a community correctional facility, except for	66760
public safety beds. At the end of the year, the department shall	66761
divide the amount of remaining credits of that county's allocation	66762
by the total number of remaining credits to all counties, to	66763
determine the county's percentage, which shall then be applied to	66764
the total county allocation to determine the county's payment for	66765
the fiscal year.	66766

(3) The department shall pay counties three times during the	66767
fiscal year to allow for credit reporting and audit adjustments,	66768
and modifications to the appropriated line item for the care and	66769
custody of felony delinquents, as described in this section. The	66770
department shall pay fifty per cent of the payment by the	66771
fifteenth of July of each fiscal year, twenty-five per cent by the	66772
fifteenth of January of that fiscal year, and twenty-five per cent	66773
of the payment by the fifteenth of June of that fiscal year.	66774

~~(D) In fiscal year 2004, the payment of county juvenile~~	66775
~~programs shall be based on the following procedure:~~	66776

~~(1) The department shall divide the funding earned by each~~	66777
~~court in fiscal year 2003 by the aggregate funding of all courts,~~	66778
~~resulting in a percentage.~~	66779

~~(2) The department shall apply the percentage determined~~	66780
~~under division (D)(1) of this section to the total county juvenile~~	66781
~~program allocation for fiscal year 2004 to determine each court's~~	66782
~~total payment.~~	66783

~~(3) The department shall make payments in accordance with the~~	66784
~~schedule established in division (C)(3) of this section.~~	66785

Sec. 5139.43. (A) The department of youth services shall	66786
operate a felony delinquent care and custody program that shall be	66787
operated in accordance with the formula developed pursuant to	66788
section 5139.41 of the Revised Code, subject to the conditions	66789
specified in this section.	66790

(B)(1) Each juvenile court shall use the moneys disbursed to	66791
it by the department of youth services pursuant to division (B) of	66792
section 5139.41 of the Revised Code in accordance with the	66793
applicable provisions of division (B)(2) of this section and shall	66794
transmit the moneys to the county treasurer for deposit in	66795
accordance with this division. The county treasurer shall create	66796
in the county treasury a fund that shall be known as the felony	66797
delinquent care and custody fund and shall deposit in that fund	66798
the moneys disbursed to the juvenile court pursuant to division	66799
(B) of section 5139.41 of the Revised Code. The county treasurer	66800
also shall deposit into that fund the state subsidy funds granted	66801
to the county pursuant to section 5139.34 of the Revised Code. The	66802
moneys disbursed to the juvenile court pursuant to division (B) of	66803
section 5139.41 of the Revised Code and deposited pursuant to this	66804
division in the felony delinquent care and custody fund shall not	66805
be commingled with any other county funds except state subsidy	66806
funds granted to the county pursuant to section 5139.34 of the	66807
Revised Code; shall not be used for any capital construction	66808
projects; upon an order of the juvenile court and subject to	66809
appropriation by the board of county commissioners, shall be	66810
disbursed to the juvenile court for use in accordance with the	66811
applicable provisions of division (B)(2) of this section; shall	66812
not revert to the county general fund at the end of any fiscal	66813
year; and shall carry over in the felony delinquent care and	66814
custody fund from the end of any fiscal year to the next fiscal	66815
year. The maximum balance carry-over at the end of each respective	66816
fiscal year in the felony delinquent care and custody fund in any	66817
county from funds allocated to the county pursuant to sections	66818
5139.34 and 5139.41 of the Revised Code in the previous fiscal	66819
year shall not exceed an amount to be calculated as provided in	66820
the formula set forth in this division, unless that county has	66821
applied for and been granted an exemption by the director of youth	66822
services. Beginning June 30, 2008, the maximum balance carry-over	66823
at the end of each respective fiscal year shall be determined by	66824
the following formula: for fiscal year 2008, the maximum balance	66825
carry-over shall be one hundred per cent of the allocation for	66826
fiscal year 2007, to be applied in determining the fiscal year	66827
2009 allocation; for fiscal year 2009, it shall be fifty per cent	66828
of the allocation for fiscal year 2008, to be applied in	66829
determining the fiscal year 2010 allocation; for fiscal year 2010,	66830
it shall be twenty-five per cent of the allocation for fiscal year	66831
2009, to be applied in determining the fiscal year 2011	66832
allocation; and for each fiscal year subsequent to fiscal year	66833
2010, it shall be twenty-five per cent of the allocation for the	66834
immediately preceding fiscal year, to be applied in determining	66835
the allocation for the next immediate fiscal year. The department	66836
shall withhold from future payments to a county an amount equal to	66837
any moneys in the felony delinquent care and custody fund of the	66838
county that exceed the total maximum balance carry-over that	66839
applies for that county for the fiscal year in which the payments	66840
are being made and shall reallocate the withheld amount. The	66841
department shall adopt rules for the withholding and reallocation	66842
of moneys disbursed under sections 5139.34 and 5139.41 of the	66843
Revised Code and for the criteria and process for a county to	66844
obtain an exemption from the withholding requirement. The moneys	66845
disbursed to the juvenile court pursuant to division (B) of	66846
section 5139.41 of the Revised Code and deposited pursuant to this	66847
division in the felony delinquent care and custody fund shall be	66848
in addition to, and shall not be used to reduce, any usual annual	66849
increase in county funding that the juvenile court is eligible to	66850
receive or the current level of county funding of the juvenile	66851
court and of any programs or services for delinquent children,	66852
unruly children, or juvenile traffic offenders.	66853

(2)(a) A county and the juvenile court that serves the county	66854
shall use the moneys in its felony delinquent care and custody	66855
fund in accordance with rules that the department of youth	66856
services adopts pursuant to division (D) of section 5139.04 of the	66857
Revised Code and as follows:	66858

(i) The moneys in the fund that represent state subsidy funds	66859
granted to the county pursuant to section 5139.34 of the Revised	66860
Code shall be used to aid in the support of prevention, early	66861
intervention, diversion, treatment, and rehabilitation programs	66862
that are provided for alleged or adjudicated unruly children or	66863
delinquent children or for children who are at risk of becoming	66864
unruly children or delinquent children. The county shall not use	66865
for capital improvements more than fifteen per cent of the moneys	66866
in the fund that represent the applicable annual grant of those	66867
state subsidy funds.	66868

(ii) The moneys in the fund that were disbursed to the	66869
juvenile court pursuant to division (B) of section 5139.41 of the	66870
Revised Code and deposited pursuant to division (B)(1) of this	66871
section in the fund shall be used to provide programs and services	66872
for the training, treatment, or rehabilitation of felony	66873
delinquents that are alternatives to their commitment to the	66874
department, including, but not limited to, community residential	66875
programs, day treatment centers, services within the home, and	66876
electronic monitoring, and shall be used in connection with	66877
training, treatment, rehabilitation, early intervention, or other	66878
programs or services for any delinquent child, unruly child, or	66879
juvenile traffic offender who is under the jurisdiction of the	66880
juvenile court.	66881

The fund also may be used for prevention, early intervention,	66882
diversion, treatment, and rehabilitation programs that are	66883
provided for alleged or adjudicated unruly children, delinquent	66884
children, or juvenile traffic offenders or for children who are at	66885
risk of becoming unruly children, delinquent children, or juvenile	66886
traffic offenders. Consistent with division (B)(1) of this	66887
section, a county and the juvenile court of a county shall not use	66888
any of those moneys for capital construction projects.	66889

(iii) Moneys in the fund shall not be used to support	66890
programs or services that do not comply with federal juvenile	66891
justice and delinquency prevention core requirements or to support	66892
programs or services that research has shown to be ineffective.	66893
~~Moneys in the fund shall be prioritized to research-supported~~	66894
Research-supported, outcome-based programs and services, to the	66895
extent they are available, shall be encouraged.	66896

(iv) The county and the juvenile court that serves the county	66897
may use moneys in the fund to provide out-of-home placement of	66898
children only in detention centers, community rehabilitation	66899
centers, or community corrections facilities approved by the	66900
department pursuant to standards adopted by the department,	66901
licensed by an authorized state agency, or accredited by the	66902
American correctional association or another national organization	66903
recognized by the department.	66904

(b) Each juvenile court shall comply with division (B)(3)(d)	66905
of this section as implemented by the department. If a juvenile	66906
court fails to comply with division (B)(3)(d) of this section, the	66907
department shall not be required to make any disbursements in	66908
accordance with division (C) ~~or (D)~~ of section 5139.41 or division	66909
(C)(2) of section 5139.34 of the Revised Code.	66910

(3) In accordance with rules adopted by the department	66911
pursuant to division (D) of section 5139.04 of the Revised Code,	66912
each juvenile court and the county served by that juvenile court	66913
shall do all of the following that apply:	66914

(a) The juvenile court shall prepare an annual grant	66915
agreement and application for funding that satisfies the	66916
requirements of this section and section 5139.34 of the Revised	66917
Code and that pertains to the use, upon an order of the juvenile	66918
court and subject to appropriation by the board of county	66919
commissioners, of the moneys in its felony delinquent care and	66920
custody fund for specified programs, care, and services as	66921
described in division (B)(2)(a) of this section, shall submit that	66922
agreement and application to the county family and children first	66923
council, the regional family and children first council, or the	66924
local intersystem services to children cluster as described in	66925
sections 121.37 and 121.38 of the Revised Code, whichever is	66926
applicable, and shall file that agreement and application with the	66927
department for its approval. The annual grant agreement and	66928
application for funding shall include a method of ensuring equal	66929
access for minority youth to the programs, care, and services	66930
specified in it.	66931

The department may approve an annual grant agreement and	66932
application for funding only if the juvenile court involved has	66933
complied with the preparation, submission, and filing requirements	66934
described in division (B)(3)(a) of this section. If the juvenile	66935
court complies with those requirements and the department approves	66936
that agreement and application, the juvenile court and the county	66937
served by the juvenile court may expend the state subsidy funds	66938
granted to the county pursuant to section 5139.34 of the Revised	66939
Code only in accordance with division (B)(2)(a) of this section,	66940
the rules pertaining to state subsidy funds that the department	66941
adopts pursuant to division (D) of section 5139.04 of the Revised	66942
Code, and the approved agreement and application.	66943

(b) By the thirty-first day of August of each year, the	66944
juvenile court shall file with the department a report that	66945
contains all of the statistical and other information for each	66946
month of the prior state fiscal year. If the juvenile court fails	66947
to file the report required by division (B)(3)(b) of this section	66948
by the thirty-first day of August of any year, the department	66949
shall not disburse any payment of state subsidy funds to which the	66950
county otherwise is entitled pursuant to section 5139.34 of the	66951
Revised Code and shall not disburse pursuant to division (B) of	66952
section 5139.41 of the Revised Code the applicable allocation	66953
until the juvenile court fully complies with division (B)(3)(b) of	66954
this section.	66955

(c) If the department requires the juvenile court to prepare	66956
monthly statistical reports and to submit the reports on forms	66957
provided by the department, the juvenile court shall file those	66958
reports with the department on the forms so provided. If the	66959
juvenile court fails to prepare and submit those monthly	66960
statistical reports within the department's timelines, the	66961
department shall not disburse any payment of state subsidy funds	66962
to which the county otherwise is entitled pursuant to section	66963
5139.34 of the Revised Code and shall not disburse pursuant to	66964
division (B) of section 5139.41 of the Revised Code the applicable	66965
allocation until the juvenile court fully complies with division	66966
(B)(3)(c) of this section. If the juvenile court fails to prepare	66967
and submit those monthly statistical reports within one hundred	66968
eighty days of the date the department establishes for their	66969
submission, the department shall not disburse any payment of state	66970
subsidy funds to which the county otherwise is entitled pursuant	66971
to section 5139.34 of the Revised Code and shall not disburse	66972
pursuant to division (B) of section 5139.41 of the Revised Code	66973
the applicable allocation, and the state subsidy funds and the	66974
remainder of the applicable allocation shall revert to the	66975
department. If a juvenile court states in a monthly statistical	66976
report that the juvenile court adjudicated within a state fiscal	66977
year five hundred or more children to be delinquent children for	66978
committing acts that would be felonies if committed by adults and	66979
if the department determines that the data in the report may be	66980
inaccurate, the juvenile court shall have an independent auditor	66981
or other qualified entity certify the accuracy of the data on a	66982
date determined by the department.	66983

(d) If the department requires the juvenile court and the	66984
county to participate in a fiscal monitoring program or another	66985
monitoring program that is conducted by the department to ensure	66986
compliance by the juvenile court and the county with division (B)	66987
of this section, the juvenile court and the county shall	66988
participate in the program and fully comply with any guidelines	66989
for the performance of audits adopted by the department pursuant	66990
to that program and all requests made by the department pursuant	66991
to that program for information necessary to reconcile fiscal	66992
accounting. If an audit that is performed pursuant to a fiscal	66993
monitoring program or another monitoring program described in this	66994
division determines that the juvenile court or the county used	66995
moneys in the county's felony delinquent care and custody fund for	66996
expenses that are not authorized under division (B) of this	66997
section, within forty-five days after the department notifies the	66998
county of the unauthorized expenditures, the county either shall	66999
repay the amount of the unauthorized expenditures from the county	67000
general revenue fund to the state's general revenue fund or shall	67001
file a written appeal with the department. If an appeal is timely	67002
filed, the director of the department shall render a decision on	67003
the appeal and shall notify the appellant county or its juvenile	67004
court of that decision within forty-five days after the date that	67005
the appeal is filed. If the director denies an appeal, the	67006
county's fiscal agent shall repay the amount of the unauthorized	67007
expenditures from the county general revenue fund to the state's	67008
general revenue fund within thirty days after receiving the	67009
director's notification of the appeal decision.	67010

(C) The determination of which county a reduction of the care	67011
and custody allocation will be charged against for a particular	67012
youth shall be made as outlined below for all youths who do not	67013
qualify as public safety beds. The determination of which county a	67014
reduction of the care and custody allocation will be charged	67015
against shall be made as follows until each youth is released:	67016

(1) In the event of a commitment, the reduction shall be	67017
charged against the committing county.	67018

(2) In the event of a recommitment, the reduction shall be	67019
charged against the original committing county until the	67020
expiration of the minimum period of institutionalization under the	67021
original order of commitment or until the date on which the youth	67022
is admitted to the department of youth services pursuant to the	67023
order of recommitment, whichever is later. Reductions of the	67024
allocation shall be charged against the county that recommitted	67025
the youth after the minimum expiration date of the original	67026
commitment.	67027

(3) In the event of a revocation of a release on parole, the	67028
reduction shall be charged against the county that revokes the	67029
youth's parole.	67030

(D) A juvenile court is not precluded by its allocation	67031
amount for the care and custody of felony delinquents from	67032
committing a felony delinquent to the department of youth services	67033
for care and custody in an institution or a community corrections	67034
facility when the juvenile court determines that the commitment is	67035
appropriate.	67036

Sec. 5139.511. Before a youth is released from a secure	67037
facility under the control of the department of youth services,	67038
the department of youth services shall attempt to verify the	67039
youth's identification and social security number. If the	67040
department is able to verify the youth's identity with a verified	67041
birth certificate and social security number, the department shall	67042
issue an identification card that the youth may present to the	67043
registrar or deputy registrar of motor vehicles. If the department	67044
is not able to verify the youth's identity with both a verified	67045
birth certificate and social security number, the youth shall not	67046
receive an identification card under this section.	67047

Sec. 5149.311. (A) The department of rehabilitation and	67048
correction shall establish and administer the probation	67049
improvement grant and the probation incentive grant for ~~court of~~	67050
~~common pleas~~ probation departments that supervise ~~felony~~ offenders	67051
sentenced by courts of common pleas or municipal courts.	67052

(B)(1) The probation improvement grant shall provide funding	67053
to court ~~of common pleas~~ probation departments to adopt policies	67054
and practices based on the latest research on how to reduce the	67055
number of ~~felony~~ offenders on probation supervision who violate	67056
the conditions of their supervision.	67057

(2) The department shall adopt rules for the distribution of	67058
the probation improvement grant, including the formula for the	67059
allocation of the subsidy based on the number of ~~felony~~ offenders	67060
placed on probation annually in each jurisdiction.	67061

(C)(1) The probation incentive grant shall provide a	67062
performance-based level of funding to court ~~of common pleas~~	67063
probation departments that are successful in reducing the number	67064
of felony offenders on probation supervision whose terms of	67065
supervision are revoked.	67066

(2) The department shall calculate annually any cost savings	67067
realized by the state from a reduction in the percentage of people	67068
who are incarcerated because their terms of supervised probation	67069
were revoked. The cost savings estimate shall be calculated for	67070
each ~~county~~jurisdiction served by the probation department	67071
eligible for a grant under this section and be based on the	67072
difference from fiscal year 2010 and the fiscal year under	67073
examination.	67074

(3) The department shall adopt rules that specify the subsidy	67075
amount to be appropriated to court ~~of common pleas~~ probation	67076
departments that successfully reduce the percentage of people on	67077
probation who are incarcerated because their terms of supervision	67078
are revoked.	67079

(D) The following stipulations apply to both the probation	67080
improvement grant and the probation incentive grant:	67081

(1) In order to be eligible for the probation improvement	67082
grant and the probation incentive grant, courts of common pleas	67083
must satisfy all requirements under sections 2301.27 and 2301.30	67084
of the Revised Code ~~and, except~~. Except for sentencing decisions	67085
made by a court when use of the risk assessment tool is	67086
discretionary, in order to be eligible for the probation	67087
improvement grant and the probation incentive grant, a court must	67088
utilize the single validated risk assessment tool selected by the	67089
department of rehabilitation and correction under section 5120.114	67090
of the Revised Code.	67091

(2) The department may deny a subsidy under this section to	67092
any applicant if the applicant fails to comply with the terms of	67093
any agreement entered into pursuant to any of the provisions of	67094
this section.	67095

(3) The department shall evaluate or provide for the	67096
evaluation of the policies, practices, and programs the court of	67097
~~common pleas~~ probation departments utilize with the programs of	67098
subsidies established under this section and establish means of	67099
measuring their effectiveness.	67100

(4) The department shall specify the policies, practices, and	67101
programs for which court ~~of common pleas~~ probation departments may	67102
use the program subsidy and shall establish minimum standards of	67103
quality and efficiency that recipients of the subsidy must follow.	67104
The department shall give priority to supporting evidence-based	67105
policies and practices, as defined by the department.	67106

Sec. 5155.14. At the request of the superintendent or	67107
administrator of the county home, the board of county	67108
commissioners or operator shall set apart from the county home	67109
fund, a reserve fund not to exceed ~~four hundred~~five thousand	67110
dollars at any time, which, upon the order of the board or	67111
operator shall be paid to the superintendent or administrator and	67112
expended as needed for emergency supplies and expenses. The	67113
superintendent or administrator shall keep an accurate account of	67114
the reserve fund, in a book to be provided at the expense of the	67115
county for that purpose, and all expenditures from it shall be	67116
audited by the board or operator. The county home fund shall be	67117
reimbursed by the superintendent or administrator, in full, for	67118
any items expended by the superintendent or administrator from the	67119
reserve fund, which items are not allowed by the board or	67120
operator. When, and as often as such amount is entirely disbursed,	67121
on the order of the board or operator, the county auditor shall	67122
pay to the superintendent or administrator the amount so	67123
appropriated.	67124

Sec. 5501.04. ~~The following divisions are hereby established~~	67125
~~in the department of transportation:~~	67126

~~(A) The division of business services;~~

67127

~~(B) The division of engineering policy;~~

67128

~~(C) The division of finance;~~

67129

~~(D) The division of human resources;~~

67130

~~(E) The division of information technology;~~

67131

~~(F) The division of multi-modal planning and programs;~~

67132

~~(G) The division of project management;~~

67133

~~(H) The division of equal opportunity.~~

67134

~~The~~Pursuant to section 5501.02 of the Revised Code, the	67135
director of transportation shall distribute the duties, powers,	67136
and functions of the department among the divisions of the	67137
department.	67138

Each division shall be headed by a deputy director, whose	67139
title shall be designated by the director, and shall include those	67140
other officers and employees as may be necessary to carry out the	67141
work of the division. ~~The director shall appoint the~~Each deputy	67142
director of each division~~, who~~ shall be in the unclassified civil	67143
service of the state and shall serve at the pleasure of the	67144
director. The director ~~shall supervise the work of each division~~	67145
~~and~~ shall be responsible for the determination of general policies	67146
in the performance of the duties, powers, and functions of the	67147
department and of each division. The director shall have complete	67148
executive charge of the department, shall be responsible for the	67149
organization, direction, and supervision of the work of the	67150
department and the performance of the duties, powers, and	67151
functions assigned to each division, and may establish necessary	67152
administrative units therein. ~~The~~Each deputy director of each	67153
division, with the approval of the director and subject to Chapter	67154
124. of the Revised Code, shall appoint the necessary employees of	67155
the division and may remove such employees for cause.	67156

~~The division of equal opportunity shall ensure that minority~~	67157
~~groups and all groups protected by state and federal civil rights~~	67158
~~laws are afforded equal opportunity to be recruited, trained, and~~	67159
~~work in the employment of or on projects of the department of~~	67160
~~transportation, and to participate in contracts awarded by the~~	67161
~~department. The director of transportation each year shall report~~	67162
~~to the governor and the general assembly on the division's~~	67163
~~activities and accomplishments.~~	67164

Sec. 5501.07. In addition to those duties, powers, and	67165
functions the director of transportation assigns to it, the office	67166
of ~~public transportation of the division of multi-modal planning~~	67167
~~and programs~~transit:	67168

(A) May issue grants from any public transportation grant	67169
appropriation to county transit boards, regional transit	67170
authorities, regional transit commissions, counties, municipal	67171
corporations, and private nonprofit organizations that operate or	67172
will operate a public transportation system.	67173

The director shall establish criteria for the distribution of	67174
such grants. These criteria may include and the director may	67175
consider each of the following:	67176

(1) The degree to which comprehensive regional transportation	67177
planning goals may be attained through a program for which a grant	67178
will be used;	67179

(2) The amount of local financial or other support of public	67180
transportation operations and facilities affected by the program;	67181

(3) The levels of existing service and fare;

67182

(4) The degree to which the proposed plan demonstrates	67183
approaches of potential value to other local transit boards,	67184
authorities, commissions, counties, municipal corporations, and	67185
private nonprofit organizations operating public transportation	67186
systems;	67187

(5) The degree to which the grant applicant will use state	67188
and local funds to match a federal grant;	67189

(6) Such other factors as the director determines.

67190

Any criteria established by the director for the distribution	67191
of such grants shall be consistent with the requirements of the	67192
United States department of transportation, or any administration	67193
in the department, including, but not limited to, the federal	67194
transit administration. The director may designate in the criteria	67195
certain dates after which applications for specified portions of	67196
the appropriations made for this purpose will not be accepted.	67197

(B) May issue grants from any elderly and handicapped transit	67198
fare assistance grant appropriation to county transit boards,	67199
regional transit authorities, regional transit commissions,	67200
counties, municipal corporations, and private nonprofit	67201
organizations that operate or will operate public transportation	67202
systems for the purpose of reducing the transit or paratransit	67203
fares of elderly or handicapped persons. The director shall	67204
establish criteria for the distribution of such grants.	67205

(C) May administer provisions of federal public	67206
transportation acts or programs applicable within the state,	67207
pursuant to an agreement entered into by the director with an	67208
appropriate official of the federal agency responsible for	67209
implementation of the federal acts or programs. The federal acts	67210
or programs shall include, but are not limited to, programs	67211
authorized under the "Act of July 5, 1994," 108 Stat. 785, 49	67212
U.S.C.A. 5301, as amended.	67213

(D) Shall furnish, upon request and within the limits of	67214
appropriated funds, guidance in technical or policy matters to a	67215
county transit board, regional transit authority, regional transit	67216
commission, county, municipal corporation, or private nonprofit	67217
organization that operates or proposes to operate a public	67218
transportation system, and provide assistance and liaison in the	67219
preparation and submission of applications for federal and state	67220
funds;	67221

(E) May apply for and accept grants or loans from any federal	67222
agency for the purpose of providing for the development or	67223
improvement of public transportation facilities or for the	67224
coordination of any activities related to the development or	67225
improvement of such facilities, and may provide any consideration	67226
from any public transportation grant appropriation and enter into	67227
any contracts that may be required in order to obtain such grants	67228
or loans from a federal agency.	67229

Sec. 5502.01. (A) The department of public safety shall	67230
administer and enforce the laws relating to the registration,	67231
licensing, sale, and operation of motor vehicles and the laws	67232
pertaining to the licensing of drivers of motor vehicles.	67233

The department shall compile, analyze, and publish statistics	67234
relative to motor vehicle accidents and the causes of them,	67235
prepare and conduct educational programs for the purpose of	67236
promoting safety in the operation of motor vehicles on the	67237
highways, and conduct research and studies for the purpose of	67238
promoting safety on the highways of this state.	67239

(B) The department shall administer the laws and rules	67240
relative to trauma and emergency medical services specified in	67241
Chapter 4765. of the Revised Code.	67242

(C) The department shall administer and enforce the laws	67243
contained in Chapters 4301. and 4303. of the Revised Code and	67244
enforce the rules and orders of the liquor control commission	67245
pertaining to retail liquor permit holders.	67246

(D) The department shall administer the laws governing the	67247
state emergency management agency and shall enforce all additional	67248
duties and responsibilities as prescribed in the Revised Code	67249
related to emergency management services.	67250

(E) The department shall conduct investigations pursuant to	67251
Chapter 5101. of the Revised Code in support of the duty of the	67252
department of job and family services to administer the	67253
supplemental nutrition assistance program throughout this state.	67254
The department of public safety shall conduct investigations	67255
necessary to protect the state's property rights and interests in	67256
the supplemental nutrition assistance program.	67257

(F) The department of public safety shall enforce compliance	67258
with orders and rules of the public utilities commission and	67259
applicable laws in accordance with Chapters ~~4919.~~4905., 4921.,	67260
and 4923. of the Revised Code regarding commercial motor vehicle	67261
transportation safety, economic, and hazardous materials	67262
requirements.	67263

(G) Notwithstanding Chapter 4117. of the Revised Code, the	67264
department of public safety may establish requirements for its	67265
enforcement personnel, including its enforcement agents described	67266
in section 5502.14 of the Revised Code, that include standards of	67267
conduct, work rules and procedures, and criteria for eligibility	67268
as law enforcement personnel.	67269

(H) The department shall administer, maintain, and operate	67270
the Ohio criminal justice network. The Ohio criminal justice	67271
network shall be a computer network that supports state and local	67272
criminal justice activities. The network shall be an electronic	67273
repository for various data, which may include arrest warrants,	67274
notices of persons wanted by law enforcement agencies, criminal	67275
records, prison inmate records, stolen vehicle records, vehicle	67276
operator's licenses, and vehicle registrations and titles.	67277

(I) The department shall coordinate all homeland security	67278
activities of all state agencies and shall be a liaison between	67279
state agencies and local entities for those activities and related	67280
purposes.	67281

(J) Beginning July 1, 2004, the department shall administer	67282
and enforce the laws relative to private investigators and	67283
security service providers specified in Chapter 4749. of the	67284
Revised Code.	67285

(K) The department shall administer criminal justice services	67286
in accordance with sections 5502.61 to 5502.66 of the Revised	67287
Code.	67288

Sec. 5502.011. (A) As used in this section, "department of	67289
public safety" and "department" include all divisions within the	67290
department of public safety.	67291

(B) The director ~~of the department~~ of public safety is the	67292
chief executive and administrative officer of the department. The	67293
director may establish policies governing the department, the	67294
performance of its employees and officers, the conduct of its	67295
business, and the custody, use, and preservation of departmental	67296
records, papers, books, documents, and property. The director also	67297
may authorize and approve investigations to be conducted by any of	67298
the department's divisions. Whenever the Revised Code imposes a	67299
duty upon or requires an action of the department, the director	67300
may perform the action or duty in the name of the department or	67301
direct such performance to be performed by the director's	67302
designee.	67303

(C) In addition to any other duties enumerated in the Revised	67304
Code, the director or the director's designee shall do all of the	67305
following:	67306

(1) Administer and direct the performance of the duties of	67307
the department;	67308

(2) Pursuant to Chapter 119. of the Revised Code, approve,	67309
adopt, and prescribe such forms and rules as are necessary to	67310
carry out the duties of the department;	67311

(3) On behalf of the department and in addition to any	67312
authority the Revised Code otherwise grants to the department,	67313
have the authority and responsibility for approving and entering	67314
into contracts, agreements, and other business arrangements;	67315

(4) Make appointments for the department as needed to comply	67316
with requirements of the Revised Code;	67317

(5) Approve employment actions of the department, including	67318
appointments, promotions, discipline, investigations, and	67319
terminations;	67320

(6) Accept, hold, and use, for the benefit of the department,	67321
any gift, donation, bequest, or devise, and may agree to and	67322
perform all conditions of the gift, donation, bequest, or devise,	67323
that are not contrary to law;	67324

(7) Apply for, allocate, disburse, and account for grants	67325
made available under federal law or from other federal, state, or	67326
private sources;	67327

(8) Do all other acts necessary or desirable to carry out	67328
this chapter.	67329

(D)(1) The director of public safety may assess a reasonable	67330
fee, plus the amount of any charge or fee passed on from a	67331
financial institution, on a drawer or indorser for each of the	67332
following:	67333

(a) A check, draft, or money order that is returned or	67334
dishonored;	67335

(b) An automatic bank transfer that is declined, due to	67336
insufficient funds or for any other reason;	67337

(c) Any financial transaction device that is returned or	67338
dishonored for any reason.	67339

(2) The director shall deposit any fee collected under this	67340
division in an appropriate fund as determined by the director	67341
based on the tax, fee, or fine being paid.	67342

(3) As used in this division, "financial transaction device"	67343
has the same meaning as in section 113.40 of the Revised Code.	67344

(E) The director shall establish a homeland security advisory	67345
council to advise the director on homeland security, including	67346
homeland security funding efforts. The advisory council shall	67347
include, but not be limited to, state and local government	67348
officials who have homeland security or emergency management	67349
responsibilities and who represent first responders. The director	67350
shall appoint the members of the council, who shall serve without	67351
compensation.	67352

~~(F) The director of public safety shall adopt rules in~~	67353
~~accordance with Chapter 119. of the Revised Code as required by~~	67354
~~section 2909.28 of the Revised Code and division (A)(1) of section~~	67355
~~2909.32 of the Revised Code. The director shall adopt rules as~~	67356
~~required by division (D) of section 2909.32 of the Revised Code,~~	67357
~~division (E) of section 2909.33 of the Revised Code, and division~~	67358
~~(D) of section 2909.34 of the Revised Code. The director may adopt~~	67359
~~rules pursuant to division (A)(2) of section 2909.32 of the~~	67360
~~Revised Code, division (A)(2) of section 2909.33 of the Revised~~	67361
~~Code, and division (A)(2) of section 2909.34 of the Revised Code.~~	67362

~~Sec. 5503.21.~~ Sec. 5502.05. There is hereby created in the	67363
department of public safety, ~~division of state highway patrol,~~ a	67364
driver's license examination section ~~to be administered by the~~	67365
~~superintendent of the state highway patrol~~.	67366

The ~~superintendent, with the approval of the~~ director of	67367
public safety, may appoint necessary driver's license examiners	67368
and clerical personnel necessary to carry out the duties assigned	67369
under this section. The examiners shall be citizens of the United	67370
States and residents of the state and shall have such additional	67371
qualifications as the ~~superintendent, with the approval of the~~	67372
director, prescribes.	67373

The salaries and classifications of examiners and personnel	67374
shall be fixed in accordance with section 124.15 or 124.152 of the	67375
Revised Code.	67376

~~Sec. 5503.22.~~ Sec. 5502.06. Driver's license examiners assigned to	67377
the driver's license examination section shall conduct all	67378
examinations for driver's licenses as required by sections 4507.01	67379
to 4507.36 of the Revised Code, subject to the ~~regulations~~rules	67380
issued by the registrar of motor vehicles.	67381

~~Sec. 5503.23.~~ Sec. 5502.07. The ~~superintendent of the state~~	67382
~~highway patrol, with the approval of the~~ director of public	67383
safety, may conduct training schools for prospective driver's	67384
license examiners~~. The superintendent~~and may establish rules	67385
governing the qualifications for admission to such schools and	67386
provide for competitive examinations to determine the fitness of	67387
such students for prospective examiners, not inconsistent with the	67388
rules of the director of administrative services.	67389

Sec. 5503.02. (A) The state highway patrol shall enforce the	67390
laws of the state relating to the titling, registration, and	67391
licensing of motor vehicles; enforce on all roads and highways,	67392
notwithstanding section 4513.39 of the Revised Code, the laws	67393
relating to the operation and use of vehicles on the highways;	67394
enforce and prevent the violation of the laws relating to the	67395
size, weight, and speed of commercial motor vehicles and all laws	67396
designed for the protection of the highway pavements and	67397
structures on the highways; investigate and enforce rules and laws	67398
of the public utilities commission governing the transportation of	67399
persons and property by motor carriers and report violations of	67400
such rules and laws to the commission; enforce against any motor	67401
~~transportation company~~carrier as defined in section ~~4921.02~~	67402
4923.01 of the Revised Code~~, any contract carrier by motor vehicle~~	67403
~~as defined in section 4923.02 of the Revised Code, any private~~	67404
~~motor carrier as defined in section 4923.20 of the Revised Code,~~	67405
~~and any motor carrier as defined in section 4919.75 of the Revised~~	67406
~~Code~~ those rules and laws that, if violated, may result in a	67407
forfeiture as provided in section ~~4905.83, 4919.99, 4921.99, or~~	67408
4923.99 of the Revised Code; investigate and report violations of	67409
all laws relating to the collection of excise taxes on motor	67410
vehicle fuels; and regulate the movement of traffic on the roads	67411
and highways of the state, notwithstanding section 4513.39 of the	67412
Revised Code.	67413

The patrol, whenever possible, shall determine the identity	67414
of the persons who are causing or who are responsible for the	67415
breaking, damaging, or destruction of any improved surfaced	67416
roadway, structure, sign, marker, guardrail, or other appurtenance	67417
constructed or maintained by the department of transportation and	67418
shall arrest the persons who are responsible for the breaking,	67419
damaging, or destruction and bring them before the proper	67420
officials for prosecution.	67421

State highway patrol troopers shall investigate and report	67422
all motor vehicle accidents on all roads and highways outside of	67423
municipal corporations. The superintendent of the patrol or any	67424
state highway patrol trooper may arrest, without a warrant, any	67425
person, who is the driver of or a passenger in any vehicle	67426
operated or standing on a state highway, whom the superintendent	67427
or trooper has reasonable cause to believe is guilty of a felony,	67428
under the same circumstances and with the same power that any	67429
peace officer may make such an arrest.	67430

The superintendent or any state highway patrol trooper may	67431
enforce the criminal laws on all state properties and state	67432
institutions, owned or leased by the state, and, when so ordered	67433
by the governor in the event of riot, civil disorder, or	67434
insurrection, may, pursuant to sections 2935.03 to 2935.05 of the	67435
Revised Code, arrest offenders against the criminal laws wherever	67436
they may be found within the state if the violations occurred	67437
upon, or resulted in injury to person or property on, state	67438
properties or state institutions, or under the conditions	67439
described in division (B) of this section. This authority of the	67440
superintendent and any state highway patrol trooper to enforce the	67441
criminal laws shall extend to the Lake Erie Correctional	67442
Institution, to the same extent as if that prison were owned by	67443
this state.	67444

(B) In the event of riot, civil disorder, or insurrection, or	67445
the reasonable threat of riot, civil disorder, or insurrection,	67446
and upon request, as provided in this section, of the sheriff of a	67447
county or the mayor or other chief executive of a municipal	67448
corporation, the governor may order the state highway patrol to	67449
enforce the criminal laws within the area threatened by riot,	67450
civil disorder, or insurrection, as designated by the governor,	67451
upon finding that law enforcement agencies within the counties	67452
involved will not be reasonably capable of controlling the riot,	67453
civil disorder, or insurrection and that additional assistance is	67454
necessary. In cities in which the sheriff is under contract to	67455
provide exclusive police services pursuant to section 311.29 of	67456
the Revised Code, in villages, and in the unincorporated areas of	67457
the county, the sheriff has exclusive authority to request the use	67458
of the patrol. In cities in which the sheriff does not exclusively	67459
provide police services, the mayor, or other chief executive	67460
performing the duties of mayor, has exclusive authority to request	67461
the use of the patrol.	67462

The superintendent or any state highway patrol trooper may	67463
enforce the criminal laws within the area designated by the	67464
governor during the emergency arising out of the riot, civil	67465
disorder, or insurrection until released by the governor upon	67466
consultation with the requesting authority. State highway patrol	67467
troopers shall never be used as peace officers in connection with	67468
any strike or labor dispute.	67469

When a request for the use of the patrol is made pursuant to	67470
this division, the requesting authority shall notify the law	67471
enforcement authorities in contiguous communities and the sheriff	67472
of each county within which the threatened area, or any part of	67473
the threatened area, lies of the request, but the failure to	67474
notify the authorities or a sheriff shall not affect the validity	67475
of the request.	67476

(C) Any person who is arrested by the superintendent or a	67477
state highway patrol trooper shall be taken before any court or	67478
magistrate having jurisdiction of the offense with which the	67479
person is charged. Any person who is arrested or apprehended	67480
within the limits of a municipal corporation shall be brought	67481
before the municipal court or other tribunal of the municipal	67482
corporation.	67483

(D)(1) State highway patrol troopers have the same right and	67484
power of search and seizure as other peace officers.	67485

No state official shall command, order, or direct any state	67486
highway patrol trooper to perform any duty or service that is not	67487
authorized by law. The powers and duties conferred on the patrol	67488
are supplementary to, and in no way a limitation on, the powers	67489
and duties of sheriffs or other peace officers of the state.	67490

(2)(a) A state highway patrol trooper, pursuant to the policy	67491
established by the superintendent of the state highway patrol	67492
under division (D)(2)(b) of this section, may render emergency	67493
assistance to any other peace officer who has arrest authority	67494
under section 2935.03 of the Revised Code, if both of the	67495
following apply:	67496

(i) There is a threat of imminent physical danger to the	67497
peace officer, a threat of physical harm to another person, or any	67498
other serious emergency situation;	67499

(ii) Either the peace officer requests emergency assistance,	67500
or it appears that the peace officer is unable to request	67501
emergency assistance and the circumstances observed by the state	67502
highway patrol trooper reasonably indicate that emergency	67503
assistance is appropriate, or the peace officer requests emergency	67504
assistance and in the request the peace officer specifies a	67505
particular location and the state highway patrol trooper arrives	67506
at that location prior to the time that the peace officer arrives	67507
at that location and the circumstances observed by the state	67508
highway patrol trooper reasonably indicate that emergency	67509
assistance is appropriate.	67510

(b) The superintendent of the state highway patrol shall	67511
establish, within sixty days of August 8, 1991, a policy that sets	67512
forth the manner and procedures by which a state highway patrol	67513
trooper may render emergency assistance to any other peace officer	67514
under division (D)(2)(a) of this section. The policy shall include	67515
a provision that a state highway patrol trooper never be used as a	67516
peace officer in connection with any strike or labor dispute.	67517

(3)(a) A state highway patrol trooper who renders emergency	67518
assistance to any other peace officer under the policy established	67519
by the superintendent pursuant to division (D)(2)(b) of this	67520
section shall be considered to be performing regular employment	67521
for the purposes of compensation, pension, indemnity fund rights,	67522
workers' compensation, and other rights or benefits to which the	67523
trooper may be entitled as incident to regular employment.	67524

(b) A state highway patrol trooper who renders emergency	67525
assistance to any other peace officer under the policy established	67526
by the superintendent pursuant to division (D)(2)(b) of this	67527
section retains personal immunity from liability as specified in	67528
section 9.86 of the Revised Code.	67529

(c) A state highway patrol trooper who renders emergency	67530
assistance under the policy established by the superintendent	67531
pursuant to division (D)(2)(b) of this section has the same	67532
authority as the peace officer for or with whom the state highway	67533
patrol trooper is providing emergency assistance.	67534

(E)(1) Subject to the availability of funds specifically	67535
appropriated by the general assembly for security detail purposes,	67536
the state highway patrol shall provide security as follows:	67537

(a) For the governor;

67538

(b) At the direction of the governor, for other officials of	67539
the state government of this state; officials of the state	67540
governments of other states who are visiting this state; officials	67541
of the United States government who are visiting this state;	67542
officials of the governments of foreign countries or their	67543
political subdivisions who are visiting this state; or other	67544
officials or dignitaries who are visiting this state, including,	67545
but not limited to, members of trade missions;	67546

(c) For the capitol square, as defined in section 105.41 of	67547
the Revised Code;	67548

(d) For other state property.

67549

(2) To carry out the security responsibilities of the patrol	67550
listed in division (E)(1) of this section, the superintendent may	67551
assign state highway patrol troopers to a separate unit that is	67552
responsible for security details. The number of troopers assigned	67553
to particular security details shall be determined by the	67554
superintendent.	67555

(3) The superintendent and any state highway patrol trooper,	67556
when providing security pursuant to division (E)(1)(a) or (b) of	67557
this section, have the same arrest powers as other peace officers	67558
to apprehend offenders against the criminal laws who endanger or	67559
threaten the security of any person being protected, no matter	67560
where the offense occurs.	67561

The superintendent, any state highway patrol trooper, and any	67562
special police officer designated under section 5503.09 of the	67563
Revised Code, when providing security pursuant to division	67564
(E)(1)(c) of this section, shall enforce any rules governing	67565
capitol square adopted by the capitol square review and advisory	67566
board.	67567

(F) The governor may order the state highway patrol to	67568
undertake major criminal investigations that involve state	67569
property interests. If an investigation undertaken pursuant to	67570
this division results in either the issuance of a no bill or the	67571
filing of an indictment, the superintendent shall file a complete	67572
and accurate report of the investigation with the president of the	67573
senate, the speaker of the house of representatives, the minority	67574
leader of the senate, and the minority leader of the house of	67575
representatives within fifteen days after the issuance of the no	67576
bill or the filing of an indictment. If the investigation does not	67577
have as its result any prosecutorial action, the superintendent	67578
shall, upon reporting this fact to the governor, file a complete	67579
and accurate report of the investigation with the president of the	67580
senate, the speaker of the house of representatives, the minority	67581
leader of the senate, and the minority leader of the house of	67582
representatives.	67583

(G) The superintendent may purchase or lease real property	67584
and buildings needed by the patrol, negotiate the sale of real	67585
property owned by the patrol, rent or lease real property owned or	67586
leased by the patrol, and make or cause to be made repairs to all	67587
property owned or under the control of the patrol. Any instrument	67588
by which real property is acquired pursuant to this division shall	67589
identify the agency of the state that has the use and benefit of	67590
the real property as specified in section 5301.012 of the Revised	67591
Code.	67592

Sections 123.01 and 125.02 of the Revised Code do not limit	67593
the powers granted to the superintendent by this division.	67594

Sec. 5503.04. Forty-five per cent of the fines collected	67595
from or moneys arising from bail forfeited by persons apprehended	67596
or arrested by state highway patrol troopers shall be paid into	67597
the state treasury to be credited to the general revenue fund,	67598
five per cent shall be paid into the state treasury to be credited	67599
to the trauma and emergency medical services ~~grants~~ fund created	67600
by ~~division (E) of~~ section 4513.263 of the Revised Code, and fifty	67601
per cent shall be paid into the treasury of the municipal	67602
corporation where the case is prosecuted, if in a mayor's court.	67603
If the prosecution is in a trial court outside a municipal	67604
corporation, or outside the territorial jurisdiction of a	67605
municipal court, the fifty per cent of the fines and moneys that	67606
is not paid into the state treasury shall be paid into the	67607
treasury of the county where the case is prosecuted. The fines and	67608
moneys paid into a county treasury and the fines and moneys paid	67609
into the treasury of a municipal corporation shall be deposited	67610
one-half to the same fund and expended in the same manner as is	67611
the revenue received from the registration of motor vehicles, and	67612
one-half to the general fund of such county or municipal	67613
corporation.	67614

If the prosecution is in a municipal court, forty-five per	67615
cent of the fines and moneys shall be paid into the state treasury	67616
to be credited to the general revenue fund, five per cent shall be	67617
paid into the state treasury to be credited to the trauma and	67618
emergency medical services grants fund created by division (E) of	67619
section 4513.263 of the Revised Code, ten per cent shall be paid	67620
into the county treasury to be credited to the general fund of the	67621
county, and forty per cent shall be paid into the municipal	67622
treasury to be credited to the general fund of the municipal	67623
corporation. In the Auglaize county, Clermont county, Crawford	67624
county, Hocking county, Jackson county, Lawrence county, Madison	67625
county, Miami county, Ottawa county, Portage county, and Wayne	67626
county municipal courts, that portion of money otherwise paid into	67627
the municipal treasury shall be paid into the county treasury.	67628

The trial court shall make remittance of the fines and moneys	67629
as prescribed in this section, and at the same time as the	67630
remittance is made of the state's portion to the state treasury,	67631
the trial court shall notify the superintendent of the state	67632
highway patrol of the case and the amount covered by the	67633
remittance.	67634

This section does not apply to fines for violations of	67635
division (B) of section 4513.263 of the Revised Code, or for	67636
violations of any municipal ordinance that is substantively	67637
comparable to that division, all of which shall be delivered to	67638
the treasurer of state as provided in division (E) of section	67639
4513.263 of the Revised Code.	67640

Sec. 5503.34. There is hereby created in the department of	67641
public safety, division of state highway patrol, a motor carrier	67642
enforcement unit, to be administered by the superintendent of the	67643
state highway patrol. This unit shall be responsible for	67644
enforcement of commercial motor vehicle transportation safety,	67645
~~economic,~~ and hazardous materials requirements.	67646

The superintendent, with the approval of the director of	67647
public safety, may appoint and maintain necessary staff to carry	67648
out the duties assigned under this section.	67649

Employees of the motor carrier enforcement unit shall	67650
cooperate with the public utilities commission to enforce	67651
compliance with orders and rules of the commission, applicable	67652
laws under Chapters ~~4919~~4905., 4921., and 4923. of the Revised	67653
Code, and any other applicable laws or rules.	67654

Uniformed employees of the motor carrier enforcement unit may	67655
stop commercial motor vehicles for the exclusive purpose of	67656
inspecting such vehicles to enforce compliance with orders and	67657
rules of the public utilities commission as required by division	67658
(F) of section 5502.01 of the Revised Code.	67659

Sec. 5701.13. (A) As used in this section:

67660

(1) "Nursing home" means a nursing home or a home for the	67661
aging, as those terms are defined in section 3721.01 of the	67662
Revised Code, that is issued a license pursuant to section 3721.02	67663
of the Revised Code.	67664

(2) "Residential care facility" means a residential care	67665
facility, as defined in section 3721.01 of the Revised Code, that	67666
is issued a license pursuant to section 3721.02 of the Revised	67667
Code.	67668

(3) "~~Adult care~~Residential facility" means ~~an adult care~~a	67669
residential facility ~~as defined in~~licensed under section ~~5119.70~~	67670
5119.22 of the Revised Code that ~~is issued a license pursuant to~~	67671
~~section 5119.73 of the Revised Code~~provides accommodations,	67672
supervision, and personal care services for three to sixteen	67673
unrelated adults.	67674

(B) As used in Title LVII of the Revised Code, and for the	67675
purpose of other sections of the Revised Code that refer	67676
specifically to Chapter 5701. or section 5701.13 of the Revised	67677
Code, a "home for the aged" means either of the following:	67678

(1) A place of residence for aged and infirm persons that	67679
satisfies divisions (B)(1)(a) to (e) of this section:	67680

(a) It is a nursing home, residential care facility, or ~~adult~~	67681
~~care~~residential facility.	67682

(b) It is owned by a corporation, unincorporated association,	67683
or trust of a charitable, religious, or fraternal nature, which is	67684
organized and operated not for profit, which is not formed for the	67685
pecuniary gain or profit of, and whose net earnings or any part of	67686
whose net earnings is not distributable to, its members, trustees,	67687
officers, or other private persons, and which is exempt from	67688
federal income taxation under section 501 of the "Internal Revenue	67689
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	67690

(c) It is open to the public without regard to race, color,	67691
or national origin.	67692

(d) It does not pay, directly or indirectly, compensation for	67693
services rendered, interest on debts incurred, or purchase price	67694
for land, building, equipment, supplies, or other goods or	67695
chattels, which compensation, interest, or purchase price is	67696
unreasonably high.	67697

(e) It provides services for the life of each resident	67698
without regard to the resident's ability to continue payment for	67699
the full cost of the services.	67700

(2) A place of residence that satisfies divisions (B)(1)(b),	67701
(d), and (e) of this section; that satisfies the definition of	67702
"nursing home" or "residential care facility" under section	67703
3721.01 of the Revised Code or the definition of "~~adult care~~	67704
residential facility" under ~~section 5119.70 of the Revised Code~~	67705
division (A)(3) of this section regardless of whether it is	67706
licensed as such a home or facility; and that is provided at no	67707
charge to individuals on account of their service without	67708
compensation to a charitable, religious, fraternal, or educational	67709
institution, which individuals are aged or infirm and are members	67710
of the corporation, association, or trust that owns the place of	67711
residence. For the purposes of division (B)(2) of this section,	67712
"compensation" does not include furnishing room and board,	67713
clothing, health care, or other necessities, or stipends or other	67714
de minimis payments to defray the cost thereof.	67715

Exemption from taxation shall be accorded, on proper	67716
application, only to those homes or parts of homes which meet the	67717
standards and provide the services specified in this section.	67718

Nothing in this section shall be construed as preventing a	67719
home from requiring a resident with financial need to apply for	67720
any applicable financial assistance or requiring a home to retain	67721
a resident who willfully refuses to pay for services for which the	67722
resident has contracted even though the resident has sufficient	67723
resources to do so.	67724

(C)(1) If a corporation, unincorporated association, or trust	67725
described in division (B)(1)(b) of this section is granted a	67726
certificate of need pursuant to section 3702.52 of the Revised	67727
Code to construct, add to, or otherwise modify a nursing home, or	67728
is given approval pursuant to section 3791.04 of the Revised Code	67729
to construct, add to, or otherwise modify a residential care	67730
facility or ~~adult care~~residential facility and if the	67731
corporation, association, or trust submits an affidavit to the tax	67732
commissioner stating that, commencing on the date of licensure and	67733
continuing thereafter, the home or facility will be operated in	67734
accordance with the requirements of divisions (B)(1)(a) to (e) of	67735
this section, the corporation, association, or trust shall be	67736
considered to be operating a "home for the aged" within the	67737
meaning of division (B)(1) of this section, beginning on the first	67738
day of January of the year in which such certificate is granted or	67739
approval is given.	67740

(2) If a corporation, association, or trust is considered to	67741
be operating a "home for the aged" pursuant to division (C)(1) of	67742
this section, the corporation, association, or trust shall notify	67743
the tax commissioner in writing upon the occurrence of any of the	67744
following events:	67745

(a) The corporation, association, or trust no longer intends	67746
to complete the construction of, addition to, or modification of	67747
the home or facility, to obtain the appropriate license for the	67748
home or facility, or to commence operation of the home or facility	67749
in accordance with the requirements of divisions (B)(1)(a) to (e)	67750
of this section;	67751

(b) The certificate of approval referred to in division	67752
(C)(1) of this section expires, is revoked, or is otherwise	67753
terminated prior to the completion of the construction of,	67754
addition to, or modification of the home or facility;	67755

(c) The license to operate the home or facility is not	67756
granted by the director of health within one year following	67757
completion of the construction of, addition to, or modification of	67758
the home or facility;	67759

(d) The license to operate the home or facility is not	67760
granted by the director of health within four years following the	67761
date upon which the certificate or approval referred to in	67762
division (C)(1) of this section was granted or given;	67763

(e) The home or facility is granted a license to operate as a	67764
nursing home, residential care facility, or ~~adult care~~residential	67765
facility.	67766

(3) Upon the occurrence of any of the events referred to in	67767
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the	67768
corporation, association, or trust shall no longer be considered	67769
to be operating a "home for the aged" pursuant to division (C)(1)	67770
of this section, except that the tax commissioner, for good cause	67771
shown and to the extent the commissioner considers appropriate,	67772
may extend the time period specified in division (C)(2)(c) or (d)	67773
of this section, or both. Nothing in division (C)(3) of this	67774
section shall be construed to prevent a nursing home, residential	67775
care facility, or ~~adult care~~residential facility from qualifying	67776
as a "home for the aged" if, upon proper application made pursuant	67777
to division (B) of this section, it is found to meet the	67778
requirements of divisions (A) and (B) of this section.	67779

Sec. 5703.05. All powers, duties, and functions of the	67780
department of taxation are vested in and shall be performed by the	67781
tax commissioner, which powers, duties, and functions shall	67782
include, but shall not be limited to, the following:	67783

(A) Prescribing all blank forms which the department is	67784
authorized to prescribe, and to provide such forms and distribute	67785
the same as required by law and the rules of the department.	67786

(B) Exercising the authority provided by law, including	67787
orders from bankruptcy courts, relative to remitting or refunding	67788
taxes or assessments, including penalties and interest thereon,	67789
illegally or erroneously assessed or collected, or for any other	67790
reason overpaid, and in addition, the commissioner may on written	67791
application of any person, firm, or corporation claiming to have	67792
overpaid to the treasurer of state at any time within five years	67793
prior to the making of such application any tax payable under any	67794
law which the department of taxation is required to administer	67795
which does not contain any provision for refund, or on the	67796
commissioner's own motion investigate the facts and make in	67797
triplicate a written statement of the commissioner's findings,	67798
and, if the commissioner finds that there has been an overpayment,	67799
issue in triplicate a certificate of abatement payable to the	67800
taxpayer, the taxpayer's assigns, or legal representative which	67801
shows the amount of the overpayment and the kind of tax overpaid.	67802
One copy of such statement shall be entered on the journal of the	67803
commissioner, one shall be certified to the attorney general, and	67804
one certified copy shall be delivered to the taxpayer. All copies	67805
of the certificate of abatement shall be transmitted to the	67806
attorney general, and if the attorney general finds it to be	67807
correct the attorney general shall so certify on each copy, and	67808
deliver one copy to the taxpayer, one copy to the commissioner,	67809
and the third copy to the treasurer of state. Except as provided	67810
in ~~sections~~section 5725.08 ~~and 5725.16~~ of the Revised Code, the	67811
taxpayer's copy of any certificates of abatement may be tendered	67812
by the payee or transferee thereof to the treasurer of state, or	67813
to the commissioner on behalf of the treasurer, as payment, to the	67814
extent of the amount thereof, of any tax payable to the treasurer	67815
of state.	67816

(C) Exercising the authority provided by law relative to	67817
consenting to the compromise and settlement of tax claims;	67818

(D) Exercising the authority provided by law relative to the	67819
use of alternative tax bases by taxpayers in the making of	67820
personal property tax returns;	67821

(E) Exercising the authority provided by law relative to	67822
authorizing the prepayment of taxes on retail sales of tangible	67823
personal property or on the storage, use, or consumption of	67824
personal property, and waiving the collection of such taxes from	67825
the consumers;	67826

(F) Exercising the authority provided by law to revoke	67827
licenses;	67828

(G) Maintaining a continuous study of the practical operation	67829
of all taxation and revenue laws of the state, the manner in which	67830
and extent to which such laws provide revenues for the support of	67831
the state and its political subdivisions, the probable effect upon	67832
such revenue of possible changes in existing laws, and the	67833
possible enactment of measures providing for other forms of	67834
taxation. For this purpose the commissioner may establish and	67835
maintain a division of research and statistics, and may appoint	67836
necessary employees who shall be in the unclassified civil	67837
service; the results of such study shall be available to the	67838
members of the general assembly and the public.	67839

(H) Making all tax assessments, valuations, findings,	67840
determinations, computations, and orders the department of	67841
taxation is by law authorized and required to make and, pursuant	67842
to time limitations provided by law, on the commissioner's own	67843
motion, reviewing, redetermining, or correcting any tax	67844
assessments, valuations, findings, determinations, computations,	67845
or orders the commissioner has made, but the commissioner shall	67846
not review, redetermine, or correct any tax assessment, valuation,	67847
finding, determination, computation, or order which the	67848
commissioner has made as to which an appeal or application for	67849
rehearing, review, redetermination, or correction has been filed	67850
with the board of tax appeals, unless such appeal or application	67851
is withdrawn by the appellant or applicant or dismissed;	67852

(I) Appointing not more than five deputy tax commissioners,	67853
who, under such regulations as the rules of the department of	67854
taxation prescribe, may act for the commissioner in the	67855
performance of such duties as the commissioner prescribes in the	67856
administration of the laws which the commissioner is authorized	67857
and required to administer, and who shall serve in the	67858
unclassified civil service at the pleasure of the commissioner,	67859
but if a person who holds a position in the classified service is	67860
appointed, it shall not affect the civil service status of such	67861
person. The commissioner may designate not more than two of the	67862
deputy commissioners to act as commissioner in case of the	67863
absence, disability, or recusal of the commissioner or vacancy in	67864
the office of commissioner. The commissioner may adopt rules	67865
relating to the order of precedence of such designated deputy	67866
commissioners and to their assumption and administration of the	67867
office of commissioner.	67868

(J) Appointing and prescribing the duties of all other	67869
employees of the department of taxation necessary in the	67870
performance of the work of the department which the tax	67871
commissioner is by law authorized and required to perform, and	67872
creating such divisions or sections of employees as, in the	67873
commissioner's judgment, is proper;	67874

(K) Organizing the work of the department, which the	67875
commissioner is by law authorized and required to perform, so	67876
that, in the commissioner's judgment, an efficient and economical	67877
administration of the laws will result;	67878

(L) Maintaining a journal, which is open to public	67879
inspection, in which the tax commissioner shall keep a record of	67880
all final determinations of the commissioner;	67881

(M) Adopting and promulgating, in the manner provided by	67882
section 5703.14 of the Revised Code, all rules of the department,	67883
including rules for the administration of sections 3517.16,	67884
3517.17, and 5747.081 of the Revised Code;	67885

(N) Destroying any or all returns or assessment certificates	67886
in the manner authorized by law;	67887

(O) Adopting rules, in accordance with division (B) of	67888
section 325.31 of the Revised Code, governing the expenditure of	67889
moneys from the real estate assessment fund under that division.	67890

Sec. 5705.08. On or before the first Monday in May of each	67891
year, the fiscal officer of each subdivision ~~that is not a~~, except	67892
school ~~district~~districts and the city of Cincinnati, shall	67893
certify to its taxing authority the amount necessary to provide	67894
for the payment of final judgments against the subdivision, except	67895
in condemnation of property cases. The taxing authority shall	67896
place such certified amount in each budget and in the annual	67897
appropriation measure for the full amount certified.	67898

On or before the first Monday in November of each year, the	67899
fiscal officer of the city of Cincinnati and of each school	67900
district shall certify to its ~~board of education~~taxing authority	67901
the amount necessary to provide for the payment of final judgments	67902
against the ~~district~~subdivision, except in condemnation of	67903
property cases. The ~~board of education~~taxing authority shall	67904
place such certified amount in each budget and in the annual	67905
appropriation measure for the full amount certified.	67906

Sec. 5705.19. This section does not apply to school	67907
districts or county school financing districts.	67908

The taxing authority of any subdivision at any time and in	67909
any year, by vote of two-thirds of all the members of the taxing	67910
authority, may declare by resolution and certify the resolution to	67911
the board of elections not less than ninety days before the	67912
election upon which it will be voted that the amount of taxes that	67913
may be raised within the ten-mill limitation will be insufficient	67914
to provide for the necessary requirements of the subdivision and	67915
that it is necessary to levy a tax in excess of that limitation	67916
for any of the following purposes:	67917

(A) For current expenses of the subdivision, except that the	67918
total levy for current expenses of a detention facility district	67919
or district organized under section 2151.65 of the Revised Code	67920
shall not exceed two mills and that the total levy for current	67921
expenses of a combined district organized under sections 2151.65	67922
and 2152.41 of the Revised Code shall not exceed four mills;	67923

(B) For the payment of debt charges on certain described	67924
bonds, notes, or certificates of indebtedness of the subdivision	67925
issued subsequent to January 1, 1925;	67926

(C) For the debt charges on all bonds, notes, and	67927
certificates of indebtedness issued and authorized to be issued	67928
prior to January 1, 1925;	67929

(D) For a public library of, or supported by, the subdivision	67930
under whatever law organized or authorized to be supported;	67931

(E) For a municipal university, not to exceed two mills over	67932
the limitation of one mill prescribed in section 3349.13 of the	67933
Revised Code;	67934

(F) For the construction or acquisition of any specific	67935
permanent improvement or class of improvements that the taxing	67936
authority of the subdivision may include in a single bond issue;	67937

(G) For the general construction, reconstruction,	67938
resurfacing, and repair of streets, roads, and bridges in	67939
municipal corporations, counties, or townships;	67940

(H) For parks and recreational purposes;

67941

(I) For the purpose of providing and maintaining fire	67942
apparatus, appliances, buildings, or sites therefor, or sources of	67943
water supply and materials therefor, or the establishment and	67944
maintenance of lines of fire alarm telegraph, or the payment of	67945
firefighting companies or permanent, part-time, or volunteer	67946
firefighting, emergency medical service, administrative, or	67947
communications personnel to operate the same, including the	67948
payment of any employer contributions required for such personnel	67949
under section 145.48 or 742.34 of the Revised Code, or the	67950
purchase of ambulance equipment, or the provision of ambulance,	67951
paramedic, or other emergency medical services operated by a fire	67952
department or firefighting company;	67953

(J) For the purpose of providing and maintaining motor	67954
vehicles, communications, other equipment, buildings, and sites	67955
for such buildings used directly in the operation of a police	67956
department, or the payment of salaries of permanent or part-time	67957
police, communications, or administrative personnel to operate the	67958
same, including the payment of any employer contributions required	67959
for such personnel under section 145.48 or 742.33 of the Revised	67960
Code, or the payment of the costs incurred by townships as a	67961
result of contracts made with other political subdivisions in	67962
order to obtain police protection, or the provision of ambulance	67963
or emergency medical services operated by a police department;	67964

(K) For the maintenance and operation of a county home or	67965
detention facility;	67966

(L) For community mental retardation and developmental	67967
disabilities programs and services pursuant to Chapter 5126. of	67968
the Revised Code, except that the procedure for such levies shall	67969
be as provided in section 5705.222 of the Revised Code;	67970

(M) For regional planning;

67971

(N) For a county's share of the cost of maintaining and	67972
operating schools, district detention facilities, forestry camps,	67973
or other facilities, or any combination thereof, established under	67974
section 2151.65 or 2152.41 of the Revised Code or both of those	67975
sections;	67976

(O) For providing for flood defense, providing and	67977
maintaining a flood wall or pumps, and other purposes to prevent	67978
floods;	67979

(P) For maintaining and operating sewage disposal plants and	67980
facilities;	67981

(Q) For the purpose of purchasing, acquiring, constructing,	67982
enlarging, improving, equipping, repairing, maintaining, or	67983
operating, or any combination of the foregoing, a county transit	67984
system pursuant to sections 306.01 to 306.13 of the Revised Code,	67985
or of making any payment to a board of county commissioners	67986
operating a transit system or a county transit board pursuant to	67987
section 306.06 of the Revised Code;	67988

(R) For the subdivision's share of the cost of acquiring or	67989
constructing any schools, forestry camps, detention facilities, or	67990
other facilities, or any combination thereof, under section	67991
2151.65 or 2152.41 of the Revised Code or both of those sections;	67992

(S) For the prevention, control, and abatement of air	67993
pollution;	67994

(T) For maintaining and operating cemeteries;

67995

(U) For providing ambulance service, emergency medical	67996
service, or both;	67997

(V) For providing for the collection and disposal of garbage	67998
or refuse, including yard waste;	67999

(W) For the payment of the police officer employers'	68000
contribution or the firefighter employers' contribution required	68001
under sections 742.33 and 742.34 of the Revised Code;	68002

(X) For the construction and maintenance of a drainage	68003
improvement pursuant to section 6131.52 of the Revised Code;	68004

(Y) For providing or maintaining senior citizens services or	68005
facilities as authorized by section 307.694, 307.85, 505.70, or	68006
505.706 or division (EE) of section 717.01 of the Revised Code;	68007

(Z) For the provision and maintenance of zoological park	68008
services and facilities as authorized under section 307.76 of the	68009
Revised Code;	68010

(AA) For the maintenance and operation of a free public	68011
museum of art, science, or history;	68012

(BB) For the establishment and operation of a 9-1-1 system,	68013
as defined in section 4931.40 of the Revised Code;	68014

(CC) For the purpose of acquiring, rehabilitating, or	68015
developing rail property or rail service. As used in this	68016
division, "rail property" and "rail service" have the same	68017
meanings as in section 4981.01 of the Revised Code. This division	68018
applies only to a county, township, or municipal corporation.	68019

(DD) For the purpose of acquiring property for, constructing,	68020
operating, and maintaining community centers as provided for in	68021
section 755.16 of the Revised Code;	68022

(EE) For the creation and operation of an office or joint	68023
office of economic development, for any economic development	68024
purpose of the office, and to otherwise provide for the	68025
establishment and operation of a program of economic development	68026
pursuant to sections 307.07 and 307.64 of the Revised Code, or to	68027
the extent that the expenses of a county land reutilization	68028
corporation organized under Chapter 1724. of the Revised Code are	68029
found by the board of county commissioners to constitute the	68030
promotion of economic development, for the payment of such	68031
operations and expenses;	68032

(FF) For the purpose of acquiring, establishing,	68033
constructing, improving, equipping, maintaining, or operating, or	68034
any combination of the foregoing, a township airport, landing	68035
field, or other air navigation facility pursuant to section 505.15	68036
of the Revised Code;	68037

(GG) For the payment of costs incurred by a township as a	68038
result of a contract made with a county pursuant to section	68039
505.263 of the Revised Code in order to pay all or any part of the	68040
cost of constructing, maintaining, repairing, or operating a water	68041
supply improvement;	68042

(HH) For a board of township trustees to acquire, other than	68043
by appropriation, an ownership interest in land, water, or	68044
wetlands, or to restore or maintain land, water, or wetlands in	68045
which the board has an ownership interest, not for purposes of	68046
recreation, but for the purposes of protecting and preserving the	68047
natural, scenic, open, or wooded condition of the land, water, or	68048
wetlands against modification or encroachment resulting from	68049
occupation, development, or other use, which may be styled as	68050
protecting or preserving "greenspace" in the resolution, notice of	68051
election, or ballot form. Except as otherwise provided in this	68052
division, land is not acquired for purposes of recreation, even if	68053
the land is used for recreational purposes, so long as no	68054
building, structure, or fixture used for recreational purposes is	68055
permanently attached or affixed to the land. Except as otherwise	68056
provided in this division, land that previously has been acquired	68057
in a township for these greenspace purposes may subsequently be	68058
used for recreational purposes if the board of township trustees	68059
adopts a resolution approving that use and no building, structure,	68060
or fixture used for recreational purposes is permanently attached	68061
or affixed to the land. The authorization to use greenspace land	68062
for recreational use does not apply to land located in a township	68063
that had a population, at the time it passed its first greenspace	68064
levy, of more than thirty-eight thousand within a county that had	68065
a population, at that time, of at least eight hundred sixty	68066
thousand.	68067

(II) For the support by a county of a crime victim assistance	68068
program that is provided and maintained by a county agency or a	68069
private, nonprofit corporation or association under section 307.62	68070
of the Revised Code;	68071

(JJ) For any or all of the purposes set forth in divisions	68072
(I) and (J) of this section. This division applies only to a	68073
township.	68074

(KK) For a countywide public safety communications system	68075
under section 307.63 of the Revised Code. This division applies	68076
only to counties.	68077

(LL) For the support by a county of criminal justice services	68078
under section 307.45 of the Revised Code;	68079

(MM) For the purpose of maintaining and operating a jail or	68080
other detention facility as defined in section 2921.01 of the	68081
Revised Code;	68082

(NN) For purchasing, maintaining, or improving, or any	68083
combination of the foregoing, real estate on which to hold	68084
agricultural fairs. This division applies only to a county.	68085

(OO) For constructing, rehabilitating, repairing, or	68086
maintaining sidewalks, walkways, trails, bicycle pathways, or	68087
similar improvements, or acquiring ownership interests in land	68088
necessary for the foregoing improvements;	68089

(PP) For both of the purposes set forth in divisions (G) and	68090
(OO) of this section.	68091

(QQ) For both of the purposes set forth in divisions (H) and	68092
(HH) of this section. This division applies only to a township.	68093

(RR) For the legislative authority of a municipal	68094
corporation, board of county commissioners of a county, or board	68095
of township trustees of a township to acquire agricultural	68096
easements, as defined in section 5301.67 of the Revised Code, and	68097
to supervise and enforce the easements.	68098

(SS) For both of the purposes set forth in divisions (BB) and	68099
(KK) of this section. This division applies only to a county.	68100

(TT) For the maintenance and operation of a facility that is	68101
organized in whole or in part to promote the sciences and natural	68102
history under section 307.761 of the Revised Code.	68103

(UU) For the creation and operation of a county land	68104
reutilization corporation and for any programs or activities of	68105
the corporation found by the board of directors of the corporation	68106
to be consistent with the purposes for which the corporation is	68107
organized;	68108

(VV) For construction and maintenance of improvements and	68109
expenses of soil and water conservation district programs under	68110
Chapter 1515. of the Revised Code;	68111

(WW) For the Ohio cooperative extension service fund created	68112
under section 3335.35 of the Revised Code for the purposes	68113
prescribed under section 3335.36 of the Revised Code for the	68114
benefit of the citizens of a county. This division applies only to	68115
a county.	68116

(XX) For a municipal corporation that withdraws or proposes	68117
by resolution to withdraw from a regional transit authority under	68118
section 306.55 of the Revised Code to provide transportation	68119
services for the movement of persons within, from, or to the	68120
municipal corporation.	68121

The resolution shall be confined to the purpose or purposes	68122
described in one division of this section, to which the revenue	68123
derived therefrom shall be applied. The existence in any other	68124
division of this section of authority to levy a tax for any part	68125
or all of the same purpose or purposes does not preclude the use	68126
of such revenues for any part of the purpose or purposes of the	68127
division under which the resolution is adopted.	68128

The resolution shall specify the amount of the increase in	68129
rate that it is necessary to levy, the purpose of that increase in	68130
rate, and the number of years during which the increase in rate	68131
shall be in effect, which may or may not include a levy upon the	68132
duplicate of the current year. The number of years may be any	68133
number not exceeding five, except as follows:	68134

(1) When the additional rate is for the payment of debt	68135
charges, the increased rate shall be for the life of the	68136
indebtedness.	68137

(2) When the additional rate is for any of the following, the	68138
increased rate shall be for a continuing period of time:	68139

(a) For the current expenses for a detention facility	68140
district, a district organized under section 2151.65 of the	68141
Revised Code, or a combined district organized under sections	68142
2151.65 and 2152.41 of the Revised Code;	68143

(b) For providing a county's share of the cost of maintaining	68144
and operating schools, district detention facilities, forestry	68145
camps, or other facilities, or any combination thereof,	68146
established under section 2151.65 or 2152.41 of the Revised Code	68147
or under both of those sections.	68148

(3) When the additional rate is for either of the following,	68149
the increased rate may be for a continuing period of time:	68150

(a) For the purposes set forth in division (I), (J), (U), or	68151
(KK) of this section;	68152

(b) For the maintenance and operation of a joint recreation	68153
district.	68154

(4) When the increase is for the purpose or purposes set	68155
forth in division (D), (G), (H), (CC), or (PP) of this section,	68156
the tax levy may be for any specified number of years or for a	68157
continuing period of time, as set forth in the resolution.	68158

(5) When the additional rate is for the purpose described in	68159
division (Z) of this section, the increased rate shall be for any	68160
number of years not exceeding ten.	68161

A levy for one of the purposes set forth in division (G),	68162
(I), (J), or (U) of this section may be reduced pursuant to	68163
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	68164
the purposes set forth in division (G), (I), (J), or (U) of this	68165
section may also be terminated or permanently reduced by the	68166
taxing authority if it adopts a resolution stating that the	68167
continuance of the levy is unnecessary and the levy shall be	68168
terminated or that the millage is excessive and the levy shall be	68169
decreased by a designated amount.	68170

A resolution of a detention facility district, a district	68171
organized under section 2151.65 of the Revised Code, or a combined	68172
district organized under both sections 2151.65 and 2152.41 of the	68173
Revised Code may include both current expenses and other purposes,	68174
provided that the resolution shall apportion the annual rate of	68175
levy between the current expenses and the other purpose or	68176
purposes. The apportionment need not be the same for each year of	68177
the levy, but the respective portions of the rate actually levied	68178
each year for the current expenses and the other purpose or	68179
purposes shall be limited by the apportionment.	68180

Whenever a board of county commissioners, acting either as	68181
the taxing authority of its county or as the taxing authority of a	68182
sewer district or subdistrict created under Chapter 6117. of the	68183
Revised Code, by resolution declares it necessary to levy a tax in	68184
excess of the ten-mill limitation for the purpose of constructing,	68185
improving, or extending sewage disposal plants or sewage systems,	68186
the tax may be in effect for any number of years not exceeding	68187
twenty, and the proceeds of the tax, notwithstanding the general	68188
provisions of this section, may be used to pay debt charges on any	68189
obligations issued and outstanding on behalf of the subdivision	68190
for the purposes enumerated in this paragraph, provided that any	68191
such obligations have been specifically described in the	68192
resolution.	68193

A resolution adopted by the legislative authority of a	68194
municipal corporation that is for the purpose in division (XX) of	68195
this section may be combined with the purpose provided in section	68196
306.55 of the Revised Code, by vote of two-thirds of all members	68197
of the legislative authority. The legislative authority may	68198
certify the resolution to the board of elections as a combined	68199
question. The question appearing on the ballot shall be as	68200
provided in section 5705.252 of the Revised Code.	68201

The resolution shall go into immediate effect upon its	68202
passage, and no publication of the resolution is necessary other	68203
than that provided for in the notice of election.	68204

When the electors of a subdivision have approved a tax levy	68205
under this section, the taxing authority of the subdivision may	68206
anticipate a fraction of the proceeds of the levy and issue	68207
anticipation notes in accordance with section 5705.191 or 5705.193	68208
of the Revised Code.	68209

Sec. 5705.25. (A) A copy of any resolution adopted as	68210
provided in section 5705.19 or 5705.2111 of the Revised Code shall	68211
be certified by the taxing authority to the board of elections of	68212
the proper county not less than ninety days before the general	68213
election in any year, and the board shall submit the proposal to	68214
the electors of the subdivision at the succeeding November	68215
election. Except as otherwise provided in this division, a	68216
resolution to renew an existing levy, regardless of the section of	68217
the Revised Code under which the tax was imposed, shall not be	68218
placed on the ballot unless the question is submitted at the	68219
general election held during the last year the tax to be renewed	68220
or replaced may be extended on the real and public utility	68221
property tax list and duplicate, or at any election held in the	68222
ensuing year. The limitation of the foregoing sentence does not	68223
apply to a resolution to renew and increase or to renew part of an	68224
existing levy that was imposed under section 5705.191 of the	68225
Revised Code to supplement the general fund for the purpose of	68226
making appropriations for one or more of the following purposes:	68227
for public assistance, human or social services, relief, welfare,	68228
hospitalization, health, and support of general hospitals. The	68229
limitation of the second preceding sentence also does not apply to	68230
a resolution that proposes to renew two or more existing levies	68231
imposed under section 5705.21 of the Revised Code, in which case	68232
the question shall be submitted on the date of the general or	68233
primary election held during the last year at least one of the	68234
levies to be renewed may be extended on the real and public	68235
utility property tax list and duplicate, or at any election held	68236
during the ensuing year. For purposes of this section, a levy	68237
shall be considered to be an "existing levy" through the year	68238
following the last year it can be placed on that tax list and	68239
duplicate.	68240

The board shall make the necessary arrangements for the	68241
submission of such questions to the electors of such subdivision,	68242
and the election shall be conducted, canvassed, and certified in	68243
the same manner as regular elections in such subdivision for the	68244
election of county officers. Notice of the election shall be	68245
published in a newspaper of general circulation in the subdivision	68246
once a week for two consecutive weeks, or as provided in section	68247
7.16 of the Revised Code, prior to the election. If the board of	68248
elections operates and maintains a web site, the board of	68249
elections shall post notice of the election on its web site for	68250
thirty days prior to the election. The notice shall state the	68251
purpose, the proposed increase in rate expressed in dollars and	68252
cents for each one hundred dollars of valuation as well as in	68253
mills for each one dollar of valuation, the number of years during	68254
which the increase will be in effect, the first month and year in	68255
which the tax will be levied, and the time and place of the	68256
election.	68257

(B) The form of the ballots cast at an election held pursuant	68258
to division (A) of this section shall be as follows:	68259

"An additional tax for the benefit of (name of subdivision or	68260
public library) .......... for the purpose of (purpose stated in	68261
the resolution) .......... at a rate not exceeding ...... mills	68262
for each one dollar of valuation, which amounts to (rate expressed	68263
in dollars and cents) ............ for each one hundred dollars of	68264
valuation, for ...... (life of indebtedness or number of years the	68265
levy is to run).	68266

68267

		For the Tax Levy			68268
		Against the Tax Levy	"		68269

68270

(C) If the levy is to be in effect for a continuing period of	68271
time, the notice of election and the form of ballot shall so state	68272
instead of setting forth a specified number of years for the levy.	68273

If the tax is to be placed on the current tax list, the form	68274
of the ballot shall be modified by adding, after the statement of	68275
the number of years the levy is to run, the phrase ", commencing	68276
in .......... (first year the tax is to be levied), first due in	68277
calendar year .......... (first calendar year in which the tax	68278
shall be due)."	68279

If the levy submitted is a proposal to renew, increase, or	68280
decrease an existing levy, the form of the ballot specified in	68281
division (B) of this section may be changed by substituting for	68282
the words "An additional" at the beginning of the form, the words	68283
"A renewal of a" in case of a proposal to renew an existing levy	68284
in the same amount; the words "A renewal of ........ mills and an	68285
increase of ...... mills to constitute a" in the case of an	68286
increase; or the words "A renewal of part of an existing levy,	68287
being a reduction of ...... mills, to constitute a" in the case of	68288
a decrease in the proposed levy.	68289

If the levy submitted is a proposal to renew two or more	68290
existing levies imposed under section 5705.21 of the Revised Code,	68291
the form of the ballot specified in division (B) of this section	68292
shall be modified by substituting for the words "an additional	68293
tax" the words "a renewal of ....(insert the number of levies to	68294
be renewed) existing taxes."	68295

If the levy submitted is a levy under section 5705.72 of the	68296
Revised Code or a proposal to renew, increase, or decrease an	68297
existing levy imposed under that section, the name of the	68298
subdivision shall be "the unincorporated area of .......... (name	68299
of township)."	68300

The question covered by such resolution shall be submitted as	68301
a separate proposition but may be printed on the same ballot with	68302
any other proposition submitted at the same election, other than	68303
the election of officers. More than one such question may be	68304
submitted at the same election.	68305

(D) A levy voted in excess of the ten-mill limitation under	68306
this section shall be certified to the tax commissioner. In the	68307
first year of the levy, it shall be extended on the tax lists	68308
after the February settlement succeeding the election. If the	68309
additional tax is to be placed upon the tax list of the current	68310
year, as specified in the resolution providing for its submission,	68311
the result of the election shall be certified immediately after	68312
the canvass by the board of elections to the taxing authority, who	68313
shall make the necessary levy and certify it to the county	68314
auditor, who shall extend it on the tax lists for collection.	68315
After the first year, the tax levy shall be included in the annual	68316
tax budget that is certified to the county budget commission.	68317

Sec. 5705.252. (A) If the legislative authority of a	68318
municipal corporation adopts a resolution for the purposes	68319
provided in section 306.55 of the Revised Code and division (XX)	68320
of section 5705.19 of the Revised Code and certifies the	68321
resolution to the board of elections as a combined question, the	68322
question appearing on the ballot shall read:	68323

"Shall the territory within the ...... (name of municipal	68324
corporation) be withdrawn from ...... (name of regional transit	68325
authority) and shall an additional tax be levied for the benefit	68326
of ...... (name of municipal corporation) ...... for the purpose	68327
of providing transportation services for the movement of persons	68328
within, from, or to the ...... (name of municipal corporation) at	68329
a rate not exceeding ...... mills for each one dollar of	68330
valuation, which amounts to ...... (rate expressed in dollars and	68331
cents) for each one hundred dollars of valuation, for ......	68332
(number of years the levy is to run)?"	68333

(B) If the board of trustees of a township adopts a	68334
resolution for the purposes provided in sections 306.55 and	68335
5705.72 of the Revised Code and certifies the resolution to the	68336
board of elections as a combined question, the question appearing	68337
on the ballot in the unincorporated area of the township shall	68338
read:	68339

"Shall the territory within the unincorporated area of ......	68340
(name of township) be withdrawn from ...... (name of regional	68341
transit authority) and shall an additional tax be levied for the	68342
benefit of the unincorporated area of ...... (name of township)	68343
for the purpose of providing transportation services for the	68344
movement of persons within, from, or to the unincorporated area of	68345
...... (name of township) at a rate not exceeding ...... mills for	68346
each one dollar of valuation, which amounts to ...... (rate	68347
expressed in dollars and cents) for each one hundred dollars of	68348
valuation, for ...... (number of years the levy is to run)?	68349

Sec. 5705.28. (A) Except as provided in division (B)(1) or	68350
(2) of this section or in section 5705.281 of the Revised Code,	68351
the taxing authority of each subdivision or other taxing unit	68352
shall adopt a tax budget for the next succeeding fiscal year:	68353

(1) On or before the fifteenth day of January in the case of	68354
a school ~~district~~districts and the city of Cincinnati;	68355

(2) On or before the fifteenth day of July in the case of all	68356
other subdivisions and taxing units.	68357

(B)(1) Before the first day of June in each year, the board	68358
of trustees of a school library district entitled to participate	68359
in any appropriation or revenue of a school district or to have a	68360
tax proposed by the board of education of a school district shall	68361
file with the board of education of the school district a tax	68362
budget for the ensuing fiscal year. On or before the fifteenth day	68363
of July in each year, the board of education of a school district	68364
to which a school library district tax budget was submitted under	68365
this division shall adopt such tax budget on behalf of the library	68366
district, but such budget shall not be part of the school	68367
district's tax budget.	68368

(2)(a) The taxing authority of a taxing unit that does not	68369
levy a tax is not required to adopt a tax budget pursuant to	68370
division (A) of this section. Instead, on or before the fifteenth	68371
day of July each year, such taxing authority shall adopt an	68372
operating budget for the taxing unit for the ensuing fiscal year.	68373
The operating budget shall include an estimate of receipts from	68374
all sources, a statement of all taxing unit expenses that are	68375
anticipated to occur, and the amount required for debt charges	68376
during the fiscal year. The operating budget is not required to be	68377
filed with the county auditor or the county budget commission.	68378

(b) Except for this section and sections 5705.36, 5705.38,	68379
5705.40, 5705.41, 5705.43, 5705.44, and 5705.45 of the Revised	68380
Code, a taxing unit that does not levy a tax is not a taxing unit	68381
for purposes of Chapter 5705. of the Revised Code. Documents	68382
prepared in accordance with such sections are not required to be	68383
filed with the county auditor or county budget commission.	68384

(c) The total appropriations from each fund of a taxing unit	68385
that does not levy a tax shall not exceed the total estimated	68386
revenue available for expenditures from the fund, and	68387
appropriations shall be made from each fund only for the purposes	68388
for which the fund is established.	68389

(C)(1) To assist in the preparation of the tax budget, the	68390
head of each department, board, commission, and district authority	68391
entitled to participate in any appropriation or revenue of a	68392
subdivision shall file with the taxing authority, or in the case	68393
of a municipal corporation, with its chief executive officer,	68394
before the forty-fifth day prior to the date on which the budget	68395
must be adopted, an estimate of contemplated revenue and	68396
expenditures for the ensuing fiscal year, in such form as is	68397
prescribed by the taxing authority of the subdivision or by the	68398
auditor of state. The taxing authority shall include in its budget	68399
of expenditures the full amounts requested by district	68400
authorities, not to exceed the amount authorized by law, if such	68401
authorities may fix the amount of revenue they are to receive from	68402
the subdivision. In a municipal corporation in which a special	68403
levy for a municipal university has been authorized to be levied	68404
in excess of the ten-mill limitation, or is required by the	68405
charter of the municipal corporation, the taxing authority shall	68406
include an amount not less than the estimated yield of such levy,	68407
if such amount is requested by the board of directors of the	68408
municipal university.	68409

(2) A county board of developmental disabilities may include	68410
within its estimate of contemplated revenue and expenditures a	68411
reserve balance account in the community developmental	68412
disabilities residential services fund. The account shall contain	68413
money that is not needed to pay for current expenses for	68414
residential services and supported living but will be needed to	68415
pay for expenses for such services in the future or may be needed	68416
for unanticipated emergency expenses. On the request of the county	68417
board of developmental disabilities, the board of county	68418
commissioners shall include such an account in its budget of	68419
expenditures and appropriate money to the account from residential	68420
service moneys for the county board.	68421

(D) The board of trustees of any public library desiring to	68422
participate in the distribution of the county public library fund	68423
shall adopt appropriate rules extending the benefits of the	68424
library service of such library to all the inhabitants of the	68425
county on equal terms, unless such library service is by law	68426
available to all such inhabitants, and shall certify a copy of	68427
such rules to the taxing authority with its estimate of	68428
contemplated revenue and expenditures. Where such rules have been	68429
so certified or where the adoption of such rules is not required,	68430
the taxing authority shall include in its budget of receipts such	68431
amounts as are specified by such board as contemplated revenue	68432
from the county public library fund, and in its budget of	68433
expenditures the full amounts requested therefrom by such board.	68434
No library association, incorporated or unincorporated, is	68435
entitled to participate in the proceeds of the county public	68436
library fund unless such association both was organized and	68437
operating prior to January 1, 1968, and participated in the	68438
distribution of the proceeds of the county public library fund	68439
prior to December 31, 2005.	68440

Sec. 5705.30. This section does not apply to a subdivision	68441
for which the county budget commission has waived the requirement	68442
to adopt a tax budget under section 5705.281 of the Revised Code.	68443

In addition to the information required by section 5705.29 of	68444
the Revised Code, the budget of each subdivision and school	68445
library district shall include such other information as is	68446
prescribed by the auditor of state. At least two copies of the	68447
budget shall be filed in the office of the fiscal officer of the	68448
subdivision for public inspection not less than ten days before	68449
its adoption by the taxing authority, and such taxing authority	68450
shall hold at least one public hearing thereon, of which public	68451
notice shall be given by at least one publication not less than	68452
ten days prior to the date of hearing in the official publication	68453
of such subdivision, or in a newspaper having general circulation	68454
in the subdivision. The budget, after adoption, shall be submitted	68455
to the county auditor on or before the twentieth day of July, or	68456
in the case of a school district or the city of Cincinnati, by the	68457
twentieth day of January. The tax commissioner may prescribe a	68458
later date for the submission of a subdivision's tax budget. Any	68459
subdivision that fails to submit its budget to the county auditor	68460
on or before the ~~twentieth day of July, unless the commissioner on~~	68461
~~or before the twentieth day of July prescribes~~date prescribed by	68462
this section or a later date ~~for submission of the budget by that~~	68463
~~subdivision,~~prescribed by the commissioner shall not receive an	68464
apportionment from the undivided local government fund	68465
distribution for the ensuing calendar year, unless ~~upon review of~~	68466
~~the matter~~ the commissioner determines that the budget was adopted	68467
by the subdivision on or before the ~~fifteenth~~fifth day ~~of July~~	68468
before the date prescribed by this section for submitting the	68469
budget, but was not submitted ~~to the county auditor~~ by the	68470
~~twentieth day of July~~date so prescribed or the later time	68471
prescribed by the commissioner because of ministerial error by the	68472
subdivision or its officers, employees, or other representatives.	68473

Sec. 5705.34. When the budget commission has completed its	68474
work with respect to a tax budget or other information required to	68475
be provided under section 5705.281 of the Revised Code, it shall	68476
certify its action to the taxing authority, together with an	68477
estimate by the county auditor of the rate of each tax necessary	68478
to be levied by the taxing authority within its subdivision or	68479
taxing unit, and what part thereof is in excess of, and what part	68480
within, the ten-mill tax limitation. The certification shall also	68481
indicate the date on which each tax levied by the taxing authority	68482
will expire.	68483

If a taxing authority levies a tax for a fixed sum of money	68484
or to pay debt charges for the tax year for which the tax budget	68485
is prepared, and a payment on account of that tax is payable to	68486
the taxing authority for the tax year under section 5727.85,	68487
5727.86, 5751.21, or 5751.22 of the Revised Code, the county	68488
auditor, when estimating the rate at which the tax shall be levied	68489
in the current year, shall estimate the rate necessary to raise	68490
the required sum less the estimated amount of any payments made	68491
for the tax year to a taxing unit for fixed-sum levies under those	68492
sections. The estimated rate shall be the rate of the levy that	68493
the budget commission certifies with its action under this	68494
section.	68495

Each taxing authority, by ordinance or resolution, shall	68496
authorize the necessary tax levies and certify them to the county	68497
auditor before the first day of October in each year, or at such	68498
later date as is approved by the tax commissioner, except that the	68499
certification by the legislative authority of the city of	68500
Cincinnati or by a board of education shall be made by the first	68501
day of April or at such later date as is approved by the	68502
commissioner, and except that a township board of park	68503
commissioners that is appointed by the board of township trustees	68504
and oversees a township park district that contains only	68505
unincorporated territory shall authorize only those taxes approved	68506
by, and only at the rate approved by, the board of township	68507
trustees as required by division (C) of section 511.27 of the	68508
Revised Code. If the levying of a tax to be placed on the	68509
duplicate of the current year is approved by the electors of the	68510
subdivision under sections 5705.01 to 5705.47 of the Revised Code;	68511
if the rate of a school district tax is increased due to the	68512
repeal of a school district income tax and property tax rate	68513
reduction at an election held pursuant to section 5748.04 of the	68514
Revised Code; or if refunding bonds to refund all or a part of the	68515
principal of bonds payable from a tax levy for the ensuing fiscal	68516
year are issued or sold and in the process of delivery, the budget	68517
commission shall reconsider and revise its action on the budget of	68518
the subdivision or school library district for whose benefit the	68519
tax is to be levied after the returns of such election are fully	68520
canvassed, or after the issuance or sale of such refunding bonds	68521
is certified to it.	68522

Sec. 5705.35. (A) The certification of the budget commission	68523
to the taxing authority of each subdivision or taxing unit, as set	68524
forth in section 5705.34 of the Revised Code, shall show the	68525
various funds of such subdivisions other than funds to be created	68526
by transfer and shall be filed by the county budget commission	68527
with such taxing authority on or before the first day of March in	68528
the case of school districts and the city of Cincinnati and on or	68529
before the first day of September in each year in the case of all	68530
other taxing authorities. There shall be set forth on the credit	68531
side of each fund the estimated unencumbered balances and	68532
receipts, and if a tax is to be levied for such fund, the	68533
estimated revenue to be derived therefrom, the rate of the levy,	68534
and what portion thereof is within, and what in excess of, the	68535
ten-mill tax limitation, and on the debit side, the total	68536
appropriations that may be made therefrom. Subject to division (G)	68537
of section 5705.29 of the Revised Code, any reserve balance in an	68538
account established under section 5705.13 of the Revised Code for	68539
the purpose described in division (A)(1) of that section, and the	68540
principal of a nonexpendable trust fund established under section	68541
5705.131 of the Revised Code and any additions to principal	68542
arising from sources other than the reinvestment of investment	68543
earnings arising from that fund, are not unencumbered balances for	68544
the purposes of this section. The balance in a reserve balance	68545
account established under section 5705.132 of the Revised Code is	68546
not an unencumbered balance for the purposes of this division.	68547

There shall be attached to the certification a summary, which	68548
shall be known as the "official certificate of estimated	68549
resources," that shall state the total estimated resources of each	68550
fund of the subdivision that are available for appropriation in	68551
the fiscal year, other than funds to be created by transfer, and a	68552
statement of the amount of the total tax duplicate of the school	68553
district to be used in the collection of taxes for the following	68554
calendar year. Before the end of the fiscal year, the taxing	68555
authority of each subdivision and other taxing unit shall revise	68556
its tax budget, if one was adopted, so that the total contemplated	68557
expenditures from any fund during the ensuing fiscal year will not	68558
exceed the total appropriations that may be made from such fund,	68559
as determined by the budget commission in its certification; and	68560
such revised budget shall be the basis of the annual appropriation	68561
measure.	68562

(B)(1) Except as otherwise provided in division (B)(2) of	68563
this section, revenues from real property taxes scheduled to be	68564
settled on or before the tenth day of August and the fifteenth day	68565
of February of a fiscal year under divisions (A) and (C) of	68566
section 321.24 of the Revised Code, and revenue from taxes levied	68567
on personal property used in business scheduled to be settled on	68568
or before the thirty-first day of October and the thirtieth day of	68569
June of a fiscal year under divisions (B) and (D) of section	68570
321.24 of the Revised Code shall not be available for	68571
appropriation by a board of education prior to the fiscal year in	68572
which such latest scheduled settlement date occurs, except that	68573
moneys advanced to the treasurer of a board of education under	68574
division (A)(2)(b) of section 321.34 of the Revised Code shall be	68575
available for appropriation in the fiscal year in which they are	68576
paid to the treasurer under such section. If the date for any	68577
settlement of taxes is extended under division (E) of section	68578
321.24 of the Revised Code, the latest date set forth in divisions	68579
(A) to (D) of that section shall be used to determine in which	68580
fiscal year the revenues are first available for appropriation.	68581

(2) Revenues available for appropriation by a school district	68582
during a fiscal year may include amounts borrowed in that fiscal	68583
year under section 133.301 of the Revised Code in anticipation of	68584
the collection of taxes that are to be included in the settlements	68585
made under divisions (C) and (D) of section 321.24 of the Revised	68586
Code in the ensuing fiscal year.	68587

Sec. 5705.38. (A) This division does not apply to school	68588
district appropriation measures. On or about the first day of each	68589
fiscal year, the taxing authority of each subdivision or other	68590
taxing unit shall pass an appropriation measure, and thereafter	68591
during the year it may pass any supplemental appropriation	68592
measures as it finds necessary, based on the revised tax budget or	68593
the official certificate of estimated resources or amendments of	68594
the certificate. If it desires to postpone the passage of the	68595
annual appropriation measure until an amended certificate is	68596
received based on the actual balances, it may pass a temporary	68597
appropriation measure for meeting the ordinary expenses of the	68598
taxing unit until no later than the first day of April or, in the	68599
case of the city of Cincinnati, the first day of October, of the	68600
current year, and the appropriations made in the temporary measure	68601
shall be chargeable to the appropriations in the annual	68602
appropriation measure for that fiscal year when passed.	68603

(B) A board of education shall pass its annual appropriation	68604
measure by the first day of October. If, by the first day of	68605
October, a board has not received either the amended certificates	68606
of estimated resources required by division (B) of section 5705.36	68607
of the Revised Code or certifications that no amended certificates	68608
need be issued, the adoption of the annual appropriation measure	68609
shall be delayed until the amended certificates or certifications	68610
are received. Prior to the passage of the annual appropriation	68611
measure, the board may pass a temporary appropriation measure for	68612
meeting the ordinary expenses of the district until it passes an	68613
annual appropriation measure, and appropriations made in the	68614
temporary measure shall be chargeable to the appropriations in the	68615
annual appropriation measure for that fiscal year when passed.	68616
During the fiscal year and after the passage of the annual	68617
appropriation measure, a district may pass any supplemental	68618
appropriation measures as it finds necessary, based on the revised	68619
tax budget or the official certificate of estimated resources or	68620
amendments of the certificate. School district appropriation	68621
measures shall be in the form as the auditor of state, after	68622
consultation with the tax commissioner, prescribes.	68623

(C) Appropriation measures shall be classified so as to set	68624
forth separately the amounts appropriated for each office,	68625
department, and division, and, within each, the amount	68626
appropriated for personal services. In the case of a municipal	68627
university, the board of directors of which have assumed, in the	68628
manner provided by law, custody and control of the funds of the	68629
university, funds shall be appropriated as a lump sum for the use	68630
of the university.	68631

Sec. 5705.72. (A) As used in this section and in section	68632
5705.25 of the Revised Code with regard to a levy submitted under	68633
this section, "electors" means electors of the unincorporated area	68634
of a township.	68635

(B) The board of trustees of any township that withdraws or	68636
proposes by resolution to withdraw the unincorporated area of the	68637
township from a regional transit authority under section 306.55 of	68638
the Revised Code, by vote of two-thirds of all the members of the	68639
board of trustees, may declare by resolution that the amount of	68640
taxes that may be raised within the ten-mill limitation will be	68641
insufficient to provide transportation services to the	68642
unincorporated area of the township and that it is necessary to	68643
levy a tax in excess of that limitation within the unincorporated	68644
area of that township for the purpose of providing transportation	68645
services for the movement of persons within, from, or to the	68646
unincorporated area of that township.	68647

The resolution shall specify the necessary amount of the	68648
increase in rate to levy, the purpose of such increase, and the	68649
number of years, not exceeding ten, during which the rate increase	68650
shall be in effect, which may or may not include a levy upon the	68651
tax list of the current year.	68652

The resolution shall be submitted to the proper county board	68653
of elections not less than ninety days before the date of the	68654
election at which the question will appear on the ballot and in	68655
the manner provided by section 5705.25 of the Revised Code, except	68656
that the question may be submitted to electors at a general	68657
election or a special election held on a date consistent with	68658
section 3501.01 of the Revised Code.	68659

A resolution adopted by the board of trustees of a township	68660
under this section may be combined with a resolution for the	68661
withdrawal of the unincorporated area of the township from a	68662
regional transit authority as provided in section 306.55 of the	68663
Revised Code, by vote of two-thirds of all members of the board.	68664
The board may certify the combined resolution to the board of	68665
elections as a combined question. The question appearing on the	68666
ballot shall be as provided in section 5705.252 of the Revised	68667
Code.	68668

When electors have approved a tax levy under this section,	68669
the board of township trustees may anticipate a fraction of the	68670
proceeds of the levy and issue anticipation notes as authorized by	68671
section 5705.191 of the Revised Code for a current expense levy	68672
with a fixed term, and may anticipate the collection of current	68673
revenue under section 133.10 of the Revised Code.	68674

Sec. 5709.084. Real and personal property comprising a	68675
convention center that is constructed or, in the case of personal	68676
property, acquired, after January 1, 2010, are exempt from	68677
taxation if the convention center is located in a county having a	68678
population, when construction of the convention center commences,	68679
of more than one million two hundred thousand according to the	68680
most recent federal decennial census, and if the convention	68681
center, or the land upon which the convention center is situated,	68682
is owned or leased by the county. For the purposes of this	68683
section, construction of the convention center commences upon the	68684
earlier of issuance of debt to finance all or a portion of the	68685
convention center, demolition of existing structures on the site,	68686
or grading of the site in preparation for construction.	68687

Real and personal property comprising a convention center	68688
owned by the largest city in a county having a population greater	68689
than seven hundred thousand but less than nine hundred thousand	68690
according to the most recent federal decennial census is exempt	68691
from taxation, regardless of whether the property is leased to or	68692
otherwise operated or managed by a person other than the city.	68693

Real and personal property comprising a convention center	68694
owned by a convention facilities authority in a county having a	68695
population greater than one million according to the most recent	68696
federal decennial census is exempt from taxation, regardless of	68697
whether the property is leased to or otherwise operated or managed	68698
by a person other than the convention facilities authority.	68699

As used in this section, "convention center" has the same	68700
meaning as in section 307.695 of the Revised Code.	68701

Sec. 5709.12. (A) As used in this section, "independent	68702
living facilities" means any residential housing facilities and	68703
related property that are not a nursing home, residential care	68704
facility, or ~~adult care~~residential facility as defined in	68705
division (A) of section 5701.13 of the Revised Code.	68706

(B) Lands, houses, and other buildings belonging to a county,	68707
township, or municipal corporation and used exclusively for the	68708
accommodation or support of the poor, or leased to the state or	68709
any political subdivision for public purposes shall be exempt from	68710
taxation. Real and tangible personal property belonging to	68711
institutions that is used exclusively for charitable purposes	68712
shall be exempt from taxation, including real property belonging	68713
to an institution that is a nonprofit corporation that receives a	68714
grant under the Thomas Alva Edison grant program authorized by	68715
division (C) of section 122.33 of the Revised Code at any time	68716
during the tax year and being held for leasing or resale to	68717
others. If, at any time during a tax year for which such property	68718
is exempted from taxation, the corporation ceases to qualify for	68719
such a grant, the director of development shall notify the tax	68720
commissioner, and the tax commissioner shall cause the property to	68721
be restored to the tax list beginning with the following tax year.	68722
All property owned and used by a nonprofit organization	68723
exclusively for a home for the aged, as defined in section 5701.13	68724
of the Revised Code, also shall be exempt from taxation.	68725

(C)(1) If a home for the aged described in division (B)(1) of	68726
section 5701.13 of the Revised Code is operated in conjunction	68727
with or at the same site as independent living facilities, the	68728
exemption granted in division (B) of this section shall include	68729
kitchen, dining room, clinic, entry ways, maintenance and storage	68730
areas, and land necessary for access commonly used by both	68731
residents of the home for the aged and residents of the	68732
independent living facilities. Other facilities commonly used by	68733
both residents of the home for the aged and residents of	68734
independent living units shall be exempt from taxation only if the	68735
other facilities are used primarily by the residents of the home	68736
for the aged. Vacant land currently unused by the home, and	68737
independent living facilities and the lands connected with them	68738
are not exempt from taxation. Except as provided in division	68739
(A)(1) of section 5709.121 of the Revised Code, property of a home	68740
leased for nonresidential purposes is not exempt from taxation.	68741

(2) Independent living facilities are exempt from taxation if	68742
they are operated in conjunction with or at the same site as a	68743
home for the aged described in division (B)(2) of section 5701.13	68744
of the Revised Code; operated by a corporation, association, or	68745
trust described in division (B)(1)(b) of that section; operated	68746
exclusively for the benefit of members of the corporation,	68747
association, or trust who are retired, aged, or infirm; and	68748
provided to those members without charge in consideration of their	68749
service, without compensation, to a charitable, religious,	68750
fraternal, or educational institution. For the purposes of	68751
division (C)(2) of this section, "compensation" does not include	68752
furnishing room and board, clothing, health care, or other	68753
necessities, or stipends or other de minimis payments to defray	68754
the cost thereof.	68755

(D)(1) A private corporation established under federal law,	68756
defined in 36 U.S.C. 1101, Pub. L. No. 102-199, 105 Stat. 1629, as	68757
amended, the objects of which include encouraging the advancement	68758
of science generally, or of a particular branch of science, the	68759
promotion of scientific research, the improvement of the	68760
qualifications and usefulness of scientists, or the increase and	68761
diffusion of scientific knowledge is conclusively presumed to be a	68762
charitable or educational institution. A private corporation	68763
established as a nonprofit corporation under the laws of a state,	68764
that is exempt from federal income taxation under section	68765
501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	68766
U.S.C.A. 1, as amended, and has as its principal purpose one or	68767
more of the foregoing objects, also is conclusively presumed to be	68768
a charitable or educational institution.	68769

The fact that an organization described in this division	68770
operates in a manner that results in an excess of revenues over	68771
expenses shall not be used to deny the exemption granted by this	68772
section, provided such excess is used, or is held for use, for	68773
exempt purposes or to establish a reserve against future	68774
contingencies; and, provided further, that such excess may not be	68775
distributed to individual persons or to entities that would not be	68776
entitled to the tax exemptions provided by this chapter. Nor shall	68777
the fact that any scientific information diffused by the	68778
organization is of particular interest or benefit to any of its	68779
individual members be used to deny the exemption granted by this	68780
section, provided that such scientific information is available to	68781
the public for purchase or otherwise.	68782

(2) Division (D)(2) of this section does not apply to real	68783
property exempted from taxation under this section and division	68784
(A)(3) of section 5709.121 of the Revised Code and belonging to a	68785
nonprofit corporation described in division (D)(1) of this section	68786
that has received a grant under the Thomas Alva Edison grant	68787
program authorized by division (C) of section 122.33 of the	68788
Revised Code during any of the tax years the property was exempted	68789
from taxation.	68790

When a private corporation described in division (D)(1) of	68791
this section sells all or any portion of a tract, lot, or parcel	68792
of real estate that has been exempt from taxation under this	68793
section and section 5709.121 of the Revised Code, the portion sold	68794
shall be restored to the tax list for the year following the year	68795
of the sale and, except in connection with a sale and transfer of	68796
such a tract, lot, or parcel to a county land reutilization	68797
corporation organized under Chapter 1724. of the Revised Code, a	68798
charge shall be levied against the sold property in an amount	68799
equal to the tax savings on such property during the four tax	68800
years preceding the year the property is placed on the tax list.	68801
The tax savings equals the amount of the additional taxes that	68802
would have been levied if such property had not been exempt from	68803
taxation.	68804

The charge constitutes a lien of the state upon such property	68805
as of the first day of January of the tax year in which the charge	68806
is levied and continues until discharged as provided by law. The	68807
charge may also be remitted for all or any portion of such	68808
property that the tax commissioner determines is entitled to	68809
exemption from real property taxation for the year such property	68810
is restored to the tax list under any provision of the Revised	68811
Code, other than sections 725.02, 1728.10, 3735.67, 5709.40,	68812
5709.41, 5709.62, 5709.63, 5709.71, 5709.73, 5709.78, and 5709.84,	68813
upon an application for exemption covering the year such property	68814
is restored to the tax list filed under section 5715.27 of the	68815
Revised Code.	68816

(E) Real property held by an organization organized and	68817
operated exclusively for charitable purposes as described under	68818
section 501(c)(3) of the Internal Revenue Code and exempt from	68819
federal taxation under section 501(a) of the Internal Revenue	68820
Code, 26 U.S.C.A. 501(a) and (c)(3), as amended, for the purpose	68821
of constructing or rehabilitating residences for eventual transfer	68822
to qualified low-income families through sale, lease, or land	68823
installment contract, shall be exempt from taxation.	68824

The exemption shall commence on the day title to the property	68825
is transferred to the organization and shall continue to the end	68826
of the tax year in which the organization transfers title to the	68827
property to a qualified low-income family. In no case shall the	68828
exemption extend beyond the second succeeding tax year following	68829
the year in which the title was transferred to the organization.	68830
If the title is transferred to the organization and from the	68831
organization to a qualified low-income family in the same tax	68832
year, the exemption shall continue to the end of that tax year.	68833
The proportionate amount of taxes that are a lien but not yet	68834
determined, assessed, and levied for the tax year in which title	68835
is transferred to the organization shall be remitted by the county	68836
auditor for each day of the year that title is held by the	68837
organization.	68838

Upon transferring the title to another person, the	68839
organization shall file with the county auditor an affidavit	68840
affirming that the title was transferred to a qualified low-income	68841
family or that the title was not transferred to a qualified	68842
low-income family, as the case may be; if the title was	68843
transferred to a qualified low-income family, the affidavit shall	68844
identify the transferee by name. If the organization transfers	68845
title to the property to anyone other than a qualified low-income	68846
family, the exemption, if it has not previously expired, shall	68847
terminate, and the property shall be restored to the tax list for	68848
the year following the year of the transfer and a charge shall be	68849
levied against the property in an amount equal to the amount of	68850
additional taxes that would have been levied if such property had	68851
not been exempt from taxation. The charge constitutes a lien of	68852
the state upon such property as of the first day of January of the	68853
tax year in which the charge is levied and continues until	68854
discharged as provided by law.	68855

The application for exemption shall be filed as otherwise	68856
required under section 5715.27 of the Revised Code, except that	68857
the organization holding the property shall file with its	68858
application documentation substantiating its status as an	68859
organization organized and operated exclusively for charitable	68860
purposes under section 501(c)(3) of the Internal Revenue Code and	68861
its qualification for exemption from federal taxation under	68862
section 501(a) of the Internal Revenue Code, and affirming its	68863
intention to construct or rehabilitate the property for the	68864
eventual transfer to qualified low-income families.	68865

As used in this division, "qualified low-income family" means	68866
a family whose income does not exceed two hundred per cent of the	68867
official federal poverty guidelines as revised annually in	68868
accordance with section 673(2) of the "Omnibus Budget	68869
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	68870
amended, for a family size equal to the size of the family whose	68871
income is being determined.	68872

(F) Real property held by a county land reutilization	68873
corporation organized under Chapter 1724. of the Revised Code	68874
shall be exempt from taxation. Notwithstanding section 5715.27 of	68875
the Revised Code, a county land reutilization corporation is not	68876
required to apply to any county or state agency in order to	68877
qualify for the exemption.	68878

The exemption shall commence on the day title to the property	68879
is transferred to the corporation and shall continue to the end of	68880
the tax year in which the instrument transferring title from the	68881
corporation to another owner is recorded, if the use to which the	68882
other owner puts the property does not qualify for an exemption	68883
under this section or any other section of the Revised Code. If	68884
the title to the property is transferred to the corporation and	68885
from the corporation in the same tax year, the exemption shall	68886
continue to the end of that tax year. The proportionate amount of	68887
taxes that are a lien but not yet determined, assessed, and levied	68888
for the tax year in which title is transferred to the corporation	68889
shall be remitted by the county auditor for each day of the year	68890
that title is held by the corporation.	68891

Upon transferring the title to another person, the	68892
corporation shall file with the county auditor an affidavit	68893
affirming that the title was transferred to such other person and	68894
shall identify the transferee by name. If the corporation	68895
transfers title to the property to anyone that does not qualify or	68896
the use to which the property is put does not qualify the property	68897
for an exemption under this section or any other section of the	68898
Revised Code, the exemption, if it has not previously expired,	68899
shall terminate, and the property shall be restored to the tax	68900
list for the year following the year of the transfer. A charge	68901
shall be levied against the property in an amount equal to the	68902
amount of additional taxes that would have been levied if such	68903
property had not been exempt from taxation. The charge constitutes	68904
a lien of the state upon such property as of the first day of	68905
January of the tax year in which the charge is levied and	68906
continues until discharged as provided by law.	68907

In lieu of the application for exemption otherwise required	68908
to be filed as required under section 5715.27 of the Revised Code,	68909
a count land reutilization corporation holding the property shall,	68910
upon the request of any county or state agency, submit its	68911
articles of incorporation substantiating its status as a county	68912
land reutilization corporation.	68913

Sec. 5709.121. (A) Real property and tangible personal	68914
property belonging to a charitable or educational institution or	68915
to the state or a political subdivision, shall be considered as	68916
used exclusively for charitable or public purposes by such	68917
institution, the state, or political subdivision, if it meets one	68918
of the following requirements:	68919

(1) It is used by such institution, the state, or political	68920
subdivision, or by one or more other such institutions, the state,	68921
or political subdivisions under a lease, sublease, or other	68922
contractual arrangement:	68923

(a) As a community or area center in which presentations in	68924
music, dramatics, the arts, and related fields are made in order	68925
to foster public interest and education therein;	68926

(b) For other charitable, educational, or public purposes.

68927

(2) It is made available under the direction or control of	68928
such institution, the state, or political subdivision for use in	68929
furtherance of or incidental to its charitable, educational, or	68930
public purposes and not with the view to profit.	68931

(3) It is used by an organization described in division (D)	68932
of section 5709.12 of the Revised Code. If the organization is a	68933
corporation that receives a grant under the Thomas Alva Edison	68934
grant program authorized by division (C) of section 122.33 of the	68935
Revised Code at any time during the tax year, "used," for the	68936
purposes of this division, includes holding property for lease or	68937
resale to others.	68938

(B)(1) Property described in division (A)(1)(a) of this	68939
section shall continue to be considered as used exclusively for	68940
charitable or public purposes even if the property is conveyed	68941
through one conveyance or a series of conveyances to an entity	68942
that is not a charitable or educational institution and is not the	68943
state or a political subdivision, provided that all of the	68944
following conditions apply with respect to that property:	68945

(a) The property has been listed as exempt on the county	68946
auditor's tax list and duplicate for the county in which it is	68947
located for the ten tax years immediately preceding the year in	68948
which the property is conveyed through one conveyance or a series	68949
of conveyances;	68950

(b) The ~~owner to which the~~ property is conveyed through one	68951
conveyance or a series of conveyances ~~leases~~to an owner that does	68952
any of the following:	68953

(i) Leases the property through one lease or a series of	68954
leases to the entity that owned or occupied the property for the	68955
ten tax years immediately preceding the year in which the property	68956
is conveyed or to an affiliate of ~~such prior owner or occupant~~	68957
that entity;	68958

(ii) Contracts to have renovations performed as described in	68959
division (B)(1)(d) of this section and is at least partially owned	68960
by a nonprofit organization described in section 501(c)(3) of the	68961
Internal Revenue Code that is exempt from taxation under section	68962
501(a) of that code.	68963

(c) The property includes improvements that are at least	68964
fifty years old;	68965

(d) The property is being renovated in connection with a	68966
claim for historic preservation tax credits available under	68967
federal law;	68968

(e) The property continues to be used for the purposes	68969
described in division (A)(1)(a) of this section after its	68970
conveyance; and	68971

(f) The property is certified by the United States secretary	68972
of the interior as a "certified historic structure" or certified	68973
as part of a certified historic structure.	68974

(2) Notwithstanding section 5715.27 of the Revised Code, an	68975
application for exemption from taxation of property described in	68976
division (B)(1) of this section may be filed by either the owner	68977
of the property or its occupant.	68978

(C) For purposes of this section, an institution that meets	68979
all of the following requirements is conclusively presumed to be a	68980
charitable institution:	68981

(1) The institution is a nonprofit corporation or	68982
association, no part of the net earnings of which inures to the	68983
benefit of any private shareholder or individual;	68984

(2) The institution is exempt from federal income taxation	68985
under section 501(a) of the Internal Revenue Code;	68986

(3) The majority of the institution's board of directors are	68987
appointed by the mayor or legislative authority of a municipal	68988
corporation or a board of county commissioners, or a combination	68989
thereof;	68990

(4) The primary purpose of the institution is to assist in	68991
the development and revitalization of downtown urban areas.	68992

Sec. 5709.212. (A) With every application for an exempt	68993
facility certificate filed pursuant to section 5709.21 of the	68994
Revised Code, the applicant shall pay a fee equal to one-half of	68995
one per cent of the total exempt facility project cost, not to	68996
exceed two thousand dollars. One-half of the fee received with	68997
applications for exempt facility certificates shall be credited to	68998
the exempt facility administrative fund, which is hereby created	68999
in the state treasury, for appropriation to the department of	69000
taxation for use in administering sections 5709.20 to 5709.27 of	69001
the Revised Code. If the director of environmental protection is	69002
required to provide the opinion for an application, one-half of	69003
the fee shall be credited to the non-Title V clean air fund	69004
created in section 3704.035 of the Revised Code for use in	69005
administering section 5709.211 of the Revised Code, unless the	69006
application is for an industrial water pollution control facility.	69007
If the application is for an industrial water pollution control	69008
facility, one-half of the fee shall be credited to the surface	69009
water protection fund created in section 6111.038 of the Revised	69010
Code for use in administering section 5709.211 of the Revised	69011
Code. If the director of development is required to provide the	69012
opinion for an application, one-half of the fee for each exempt	69013
facility application shall be credited to the exempt facility	69014
inspection fund, which is hereby created in the state treasury,	69015
for appropriation to the department of development for use in	69016
administering section 5709.211 of the Revised Code.	69017

An applicant is not entitled to any tax exemption under	69018
section 5709.25 of the Revised Code until the fee required by this	69019
section is paid. The fee required by this section is not	69020
refundable, and is due with the application for an exempt facility	69021
certificate even if an exempt facility certificate ultimately is	69022
not issued or is withdrawn. Any application submitted without	69023
payment of the fee shall be deemed incomplete until the fee is	69024
paid.	69025

(B) The application fee imposed under division (A) of this	69026
section for a jointly owned facility shall be equal to one-half of	69027
one per cent of the total exempt facility project cost, not to	69028
exceed two thousand dollars for each facility that is the subject	69029
of the application.	69030

Sec. 5709.62. (A) In any municipal corporation that is	69031
defined by the United States office of management and budget as a	69032
principal city of a metropolitan statistical area, the legislative	69033
authority of the municipal corporation may designate one or more	69034
areas within its municipal corporation as proposed enterprise	69035
zones. Upon designating an area, the legislative authority shall	69036
petition the director of development for certification of the area	69037
as having the characteristics set forth in division (A)(1) of	69038
section 5709.61 of the Revised Code as amended by Substitute	69039
Senate Bill No. 19 of the 120th general assembly. Except as	69040
otherwise provided in division (E) of this section, on and after	69041
July 1, 1994, legislative authorities shall not enter into	69042
agreements under this section unless the legislative authority has	69043
petitioned the director and the director has certified the zone	69044
under this section as amended by that act; however, all agreements	69045
entered into under this section as it existed prior to July 1,	69046
1994, and the incentives granted under those agreements shall	69047
remain in effect for the period agreed to under those agreements.	69048
Within sixty days after receiving such a petition, the director	69049
shall determine whether the area has the characteristics set forth	69050
in division (A)(1) of section 5709.61 of the Revised Code, and	69051
shall forward the findings to the legislative authority of the	69052
municipal corporation. If the director certifies the area as	69053
having those characteristics, and thereby certifies it as a zone,	69054
the legislative authority may enter into an agreement with an	69055
enterprise under division (C) of this section.	69056

(B) Any enterprise that wishes to enter into an agreement	69057
with a municipal corporation under division (C) of this section	69058
shall submit a proposal to the legislative authority of the	69059
municipal corporation on a form prescribed by the director of	69060
development, together with the application fee established under	69061
section 5709.68 of the Revised Code. The form shall require the	69062
following information:	69063

(1) An estimate of the number of new employees whom the	69064
enterprise intends to hire, or of the number of employees whom the	69065
enterprise intends to retain, within the zone at a facility that	69066
is a project site, and an estimate of the amount of payroll of the	69067
enterprise attributable to these employees;	69068

(2) An estimate of the amount to be invested by the	69069
enterprise to establish, expand, renovate, or occupy a facility,	69070
including investment in new buildings, additions or improvements	69071
to existing buildings, machinery, equipment, furniture, fixtures,	69072
and inventory;	69073

(3) A listing of the enterprise's current investment, if any,	69074
in a facility as of the date of the proposal's submission.	69075

The enterprise shall review and update the listings required	69076
under this division to reflect material changes, and any agreement	69077
entered into under division (C) of this section shall set forth	69078
final estimates and listings as of the time the agreement is	69079
entered into. The legislative authority may, on a separate form	69080
and at any time, require any additional information necessary to	69081
determine whether an enterprise is in compliance with an agreement	69082
and to collect the information required to be reported under	69083
section 5709.68 of the Revised Code.	69084

(C) Upon receipt and investigation of a proposal under	69085
division (B) of this section, if the legislative authority finds	69086
that the enterprise submitting the proposal is qualified by	69087
financial responsibility and business experience to create and	69088
preserve employment opportunities in the zone and improve the	69089
economic climate of the municipal corporation, the legislative	69090
authority, on or before October 15, ~~2012~~2013, may do one of the	69091
following:	69092

(1) Enter into an agreement with the enterprise under which	69093
the enterprise agrees to establish, expand, renovate, or occupy a	69094
facility and hire new employees, or preserve employment	69095
opportunities for existing employees, in return for one or more of	69096
the following incentives:	69097

(a) Exemption for a specified number of years, not to exceed	69098
fifteen, of a specified portion, up to seventy-five per cent, of	69099
the assessed value of tangible personal property first used in	69100
business at the project site as a result of the agreement. If an	69101
exemption for inventory is specifically granted in the agreement	69102
pursuant to this division, the exemption applies to inventory	69103
required to be listed pursuant to sections 5711.15 and 5711.16 of	69104
the Revised Code, except that, in the instance of an expansion or	69105
other situations in which an enterprise was in business at the	69106
facility prior to the establishment of the zone, the inventory	69107
that is exempt is that amount or value of inventory in excess of	69108
the amount or value of inventory required to be listed in the	69109
personal property tax return of the enterprise in the return for	69110
the tax year in which the agreement is entered into.	69111

(b) Exemption for a specified number of years, not to exceed	69112
fifteen, of a specified portion, up to seventy-five per cent, of	69113
the increase in the assessed valuation of real property	69114
constituting the project site subsequent to formal approval of the	69115
agreement by the legislative authority;	69116

(c) Provision for a specified number of years, not to exceed	69117
fifteen, of any optional services or assistance that the municipal	69118
corporation is authorized to provide with regard to the project	69119
site.	69120

(2) Enter into an agreement under which the enterprise agrees	69121
to remediate an environmentally contaminated facility, to spend an	69122
amount equal to at least two hundred fifty per cent of the true	69123
value in money of the real property of the facility prior to	69124
remediation as determined for the purposes of property taxation to	69125
establish, expand, renovate, or occupy the remediated facility,	69126
and to hire new employees or preserve employment opportunities for	69127
existing employees at the remediated facility, in return for one	69128
or more of the following incentives:	69129

(a) Exemption for a specified number of years, not to exceed	69130
fifteen, of a specified portion, not to exceed fifty per cent, of	69131
the assessed valuation of the real property of the facility prior	69132
to remediation;	69133

(b) Exemption for a specified number of years, not to exceed	69134
fifteen, of a specified portion, not to exceed one hundred per	69135
cent, of the increase in the assessed valuation of the real	69136
property of the facility during or after remediation;	69137

(c) The incentive under division (C)(1)(a) of this section,	69138
except that the percentage of the assessed value of such property	69139
exempted from taxation shall not exceed one hundred per cent;	69140

(d) The incentive under division (C)(1)(c) of this section.

69141

(3) Enter into an agreement with an enterprise that plans to	69142
purchase and operate a large manufacturing facility that has	69143
ceased operation or announced its intention to cease operation, in	69144
return for exemption for a specified number of years, not to	69145
exceed fifteen, of a specified portion, up to one hundred per	69146
cent, of the assessed value of tangible personal property used in	69147
business at the project site as a result of the agreement, or of	69148
the assessed valuation of real property constituting the project	69149
site, or both.	69150

(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this	69151
section, the portion of the assessed value of tangible personal	69152
property or of the increase in the assessed valuation of real	69153
property exempted from taxation under those divisions may exceed	69154
seventy-five per cent in any year for which that portion is	69155
exempted if the average percentage exempted for all years in which	69156
the agreement is in effect does not exceed sixty per cent, or if	69157
the board of education of the city, local, or exempted village	69158
school district within the territory of which the property is or	69159
will be located approves a percentage in excess of seventy-five	69160
per cent.	69161

(2) Notwithstanding any provision of the Revised Code to the	69162
contrary, the exemptions described in divisions (C)(1)(a), (b),	69163
and (c), (C)(2)(a), (b), and (c), and (C)(3) of this section may	69164
be for up to fifteen years if the board of education of the city,	69165
local, or exempted village school district within the territory of	69166
which the property is or will be located approves a number of	69167
years in excess of ten.	69168

(3) For the purpose of obtaining the approval of a city,	69169
local, or exempted village school district under division (D)(1)	69170
or (2) of this section, the legislative authority shall deliver to	69171
the board of education a notice not later than forty-five days	69172
prior to approving the agreement, excluding Saturdays, Sundays,	69173
and legal holidays as defined in section 1.14 of the Revised Code.	69174
The notice shall state the percentage to be exempted, an estimate	69175
of the true value of the property to be exempted, and the number	69176
of years the property is to be exempted. The board of education,	69177
by resolution adopted by a majority of the board, shall approve or	69178
disapprove the agreement and certify a copy of the resolution to	69179
the legislative authority not later than fourteen days prior to	69180
the date stipulated by the legislative authority as the date upon	69181
which approval of the agreement is to be formally considered by	69182
the legislative authority. The board of education may include in	69183
the resolution conditions under which the board would approve the	69184
agreement, including the execution of an agreement to compensate	69185
the school district under division (B) of section 5709.82 of the	69186
Revised Code. The legislative authority may approve the agreement	69187
at any time after the board of education certifies its resolution	69188
approving the agreement to the legislative authority, or, if the	69189
board approves the agreement conditionally, at any time after the	69190
conditions are agreed to by the board and the legislative	69191
authority.	69192

If a board of education has adopted a resolution waiving its	69193
right to approve agreements and the resolution remains in effect,	69194
approval of an agreement by the board is not required under this	69195
division. If a board of education has adopted a resolution	69196
allowing a legislative authority to deliver the notice required	69197
under this division fewer than forty-five business days prior to	69198
the legislative authority's approval of the agreement, the	69199
legislative authority shall deliver the notice to the board not	69200
later than the number of days prior to such approval as prescribed	69201
by the board in its resolution. If a board of education adopts a	69202
resolution waiving its right to approve agreements or shortening	69203
the notification period, the board shall certify a copy of the	69204
resolution to the legislative authority. If the board of education	69205
rescinds such a resolution, it shall certify notice of the	69206
rescission to the legislative authority.	69207

(4) The legislative authority shall comply with section	69208
5709.83 of the Revised Code unless the board of education has	69209
adopted a resolution under that section waiving its right to	69210
receive such notice.	69211

(E) This division applies to zones certified by the director	69212
of development under this section prior to July 22, 1994.	69213

On or before October 15, ~~2012~~2013, the legislative authority	69214
that designated a zone to which this division applies may enter	69215
into an agreement with an enterprise if the legislative authority	69216
finds that the enterprise satisfies one of the criteria described	69217
in divisions (E)(1) to (5) of this section:	69218

(1) The enterprise currently has no operations in this state	69219
and, subject to approval of the agreement, intends to establish	69220
operations in the zone;	69221

(2) The enterprise currently has operations in this state	69222
and, subject to approval of the agreement, intends to establish	69223
operations at a new location in the zone that would not result in	69224
a reduction in the number of employee positions at any of the	69225
enterprise's other locations in this state;	69226

(3) The enterprise, subject to approval of the agreement,	69227
intends to relocate operations, currently located in another	69228
state, to the zone;	69229

(4) The enterprise, subject to approval of the agreement,	69230
intends to expand operations at an existing site in the zone that	69231
the enterprise currently operates;	69232

(5) The enterprise, subject to approval of the agreement,	69233
intends to relocate operations, currently located in this state,	69234
to the zone, and the director of development has issued a waiver	69235
for the enterprise under division (B) of section 5709.633 of the	69236
Revised Code.	69237

The agreement shall require the enterprise to agree to	69238
establish, expand, renovate, or occupy a facility in the zone and	69239
hire new employees, or preserve employment opportunities for	69240
existing employees, in return for one or more of the incentives	69241
described in division (C) of this section.	69242

(F) All agreements entered into under this section shall be	69243
in the form prescribed under section 5709.631 of the Revised Code.	69244
After an agreement is entered into under this section, if the	69245
legislative authority revokes its designation of a zone, or if the	69246
director of development revokes a zone's certification, any	69247
entitlements granted under the agreement shall continue for the	69248
number of years specified in the agreement.	69249

(G) Except as otherwise provided in this division, an	69250
agreement entered into under this section shall require that the	69251
enterprise pay an annual fee equal to the greater of one per cent	69252
of the dollar value of incentives offered under the agreement or	69253
five hundred dollars; provided, however, that if the value of the	69254
incentives exceeds two hundred fifty thousand dollars, the fee	69255
shall not exceed two thousand five hundred dollars. The fee shall	69256
be payable to the legislative authority once per year for each	69257
year the agreement is effective on the days and in the form	69258
specified in the agreement. Fees paid shall be deposited in a	69259
special fund created for such purpose by the legislative authority	69260
and shall be used by the legislative authority exclusively for the	69261
purpose of complying with section 5709.68 of the Revised Code and	69262
by the tax incentive review council created under section 5709.85	69263
of the Revised Code exclusively for the purposes of performing the	69264
duties prescribed under that section. The legislative authority	69265
may waive or reduce the amount of the fee charged against an	69266
enterprise, but such a waiver or reduction does not affect the	69267
obligations of the legislative authority or the tax incentive	69268
review council to comply with section 5709.68 or 5709.85 of the	69269
Revised Code.	69270

(H) When an agreement is entered into pursuant to this	69271
section, the legislative authority authorizing the agreement shall	69272
forward a copy of the agreement to the director of development and	69273
to the tax commissioner within fifteen days after the agreement is	69274
entered into. If any agreement includes terms not provided for in	69275
section 5709.631 of the Revised Code affecting the revenue of a	69276
city, local, or exempted village school district or causing	69277
revenue to be forgone by the district, including any compensation	69278
to be paid to the school district pursuant to section 5709.82 of	69279
the Revised Code, those terms also shall be forwarded in writing	69280
to the director of development along with the copy of the	69281
agreement forwarded under this division.	69282

(I) After an agreement is entered into, the enterprise shall	69283
file with each personal property tax return required to be filed,	69284
or annual report required to be filed under section 5727.08 of the	69285
Revised Code, while the agreement is in effect, an informational	69286
return, on a form prescribed by the tax commissioner for that	69287
purpose, setting forth separately the property, and related costs	69288
and values, exempted from taxation under the agreement.	69289

(J) Enterprises may agree to give preference to residents of	69290
the zone within which the agreement applies relative to residents	69291
of this state who do not reside in the zone when hiring new	69292
employees under the agreement.	69293

(K) An agreement entered into under this section may include	69294
a provision requiring the enterprise to create one or more	69295
temporary internship positions for students enrolled in a course	69296
of study at a school or other educational institution in the	69297
vicinity, and to create a scholarship or provide another form of	69298
educational financial assistance for students holding such a	69299
position in exchange for the student's commitment to work for the	69300
enterprise at the completion of the internship.	69301

(L) The tax commissioner's authority in determining the	69302
accuracy of any exemption granted by an agreement entered into	69303
under this section is limited to divisions (C)(1)(a) and (b),	69304
(C)(2)(a), (b), and (c), (C)(3), (D), and (I) of this section and	69305
divisions (B)(1) to (10) of section 5709.631 of the Revised Code	69306
and, as authorized by law, to enforcing any modification to, or	69307
revocation of, that agreement by the legislative authority of a	69308
municipal corporation or the director of development.	69309

Sec. 5709.63. (A) With the consent of the legislative	69310
authority of each affected municipal corporation or of a board of	69311
township trustees, a board of county commissioners may, in the	69312
manner set forth in section 5709.62 of the Revised Code, designate	69313
one or more areas in one or more municipal corporations or in	69314
unincorporated areas of the county as proposed enterprise zones. A	69315
board of county commissioners may designate no more than one area	69316
within a township, or within adjacent townships, as a proposed	69317
enterprise zone. The board shall petition the director of	69318
development for certification of the area as having the	69319
characteristics set forth in division (A)(1) or (2) of section	69320
5709.61 of the Revised Code as amended by Substitute Senate Bill	69321
No. 19 of the 120th general assembly. Except as otherwise provided	69322
in division (D) of this section, on and after July 1, 1994, boards	69323
of county commissioners shall not enter into agreements under this	69324
section unless the board has petitioned the director and the	69325
director has certified the zone under this section as amended by	69326
that act; however, all agreements entered into under this section	69327
as it existed prior to July 1, 1994, and the incentives granted	69328
under those agreements shall remain in effect for the period	69329
agreed to under those agreements. The director shall make the	69330
determination in the manner provided under section 5709.62 of the	69331
Revised Code.	69332

Any enterprise wishing to enter into an agreement with the	69333
board under division (B) or (D) of this section shall submit a	69334
proposal to the board on the form and accompanied by the	69335
application fee prescribed under division (B) of section 5709.62	69336
of the Revised Code. The enterprise shall review and update the	69337
estimates and listings required by the form in the manner required	69338
under that division. The board may, on a separate form and at any	69339
time, require any additional information necessary to determine	69340
whether an enterprise is in compliance with an agreement and to	69341
collect the information required to be reported under section	69342
5709.68 of the Revised Code.	69343

(B) If the board of county commissioners finds that an	69344
enterprise submitting a proposal is qualified by financial	69345
responsibility and business experience to create and preserve	69346
employment opportunities in the zone and to improve the economic	69347
climate of the municipal corporation or municipal corporations or	69348
the unincorporated areas in which the zone is located and to which	69349
the proposal applies, the board, on or before October 15, ~~2012~~	69350
2013, and with the consent of the legislative authority of each	69351
affected municipal corporation or of the board of township	69352
trustees may do either of the following:	69353

(1) Enter into an agreement with the enterprise under which	69354
the enterprise agrees to establish, expand, renovate, or occupy a	69355
facility in the zone and hire new employees, or preserve	69356
employment opportunities for existing employees, in return for the	69357
following incentives:	69358

(a) When the facility is located in a municipal corporation,	69359
the board may enter into an agreement for one or more of the	69360
incentives provided in division (C) of section 5709.62 of the	69361
Revised Code, subject to division (D) of that section;	69362

(b) When the facility is located in an unincorporated area,	69363
the board may enter into an agreement for one or more of the	69364
following incentives:	69365

(i) Exemption for a specified number of years, not to exceed	69366
fifteen, of a specified portion, up to sixty per cent, of the	69367
assessed value of tangible personal property first used in	69368
business at a project site as a result of the agreement. If an	69369
exemption for inventory is specifically granted in the agreement	69370
pursuant to this division, the exemption applies to inventory	69371
required to be listed pursuant to sections 5711.15 and 5711.16 of	69372
the Revised Code, except, in the instance of an expansion or other	69373
situations in which an enterprise was in business at the facility	69374
prior to the establishment of the zone, the inventory that is	69375
exempt is that amount or value of inventory in excess of the	69376
amount or value of inventory required to be listed in the personal	69377
property tax return of the enterprise in the return for the tax	69378
year in which the agreement is entered into.	69379

(ii) Exemption for a specified number of years, not to exceed	69380
fifteen, of a specified portion, up to sixty per cent, of the	69381
increase in the assessed valuation of real property constituting	69382
the project site subsequent to formal approval of the agreement by	69383
the board;	69384

(iii) Provision for a specified number of years, not to	69385
exceed fifteen, of any optional services or assistance the board	69386
is authorized to provide with regard to the project site;	69387

(iv) The incentive described in division (C)(2) of section	69388
5709.62 of the Revised Code.	69389

(2) Enter into an agreement with an enterprise that plans to	69390
purchase and operate a large manufacturing facility that has	69391
ceased operation or has announced its intention to cease	69392
operation, in return for exemption for a specified number of	69393
years, not to exceed fifteen, of a specified portion, up to one	69394
hundred per cent, of tangible personal property used in business	69395
at the project site as a result of the agreement, or of real	69396
property constituting the project site, or both.	69397

(C)(1)(a) Notwithstanding divisions (B)(1)(b)(i) and (ii) of	69398
this section, the portion of the assessed value of tangible	69399
personal property or of the increase in the assessed valuation of	69400
real property exempted from taxation under those divisions may	69401
exceed sixty per cent in any year for which that portion is	69402
exempted if the average percentage exempted for all years in which	69403
the agreement is in effect does not exceed fifty per cent, or if	69404
the board of education of the city, local, or exempted village	69405
school district within the territory of which the property is or	69406
will be located approves a percentage in excess of sixty per cent.	69407

(b) Notwithstanding any provision of the Revised Code to the	69408
contrary, the exemptions described in divisions (B)(1)(b)(i),	69409
(ii), (iii), and (iv) and (B)(2) of this section may be for up to	69410
fifteen years if the board of education of the city, local, or	69411
exempted village school district within the territory of which the	69412
property is or will be located approves a number of years in	69413
excess of ten.	69414

(c) For the purpose of obtaining the approval of a city,	69415
local, or exempted village school district under division	69416
(C)(1)(a) or (b) of this section, the board of county	69417
commissioners shall deliver to the board of education a notice not	69418
later than forty-five days prior to approving the agreement,	69419
excluding Saturdays, Sundays, and legal holidays as defined in	69420
section 1.14 of the Revised Code. The notice shall state the	69421
percentage to be exempted, an estimate of the true value of the	69422
property to be exempted, and the number of years the property is	69423
to be exempted. The board of education, by resolution adopted by a	69424
majority of the board, shall approve or disapprove the agreement	69425
and certify a copy of the resolution to the board of county	69426
commissioners not later than fourteen days prior to the date	69427
stipulated by the board of county commissioners as the date upon	69428
which approval of the agreement is to be formally considered by	69429
the board of county commissioners. The board of education may	69430
include in the resolution conditions under which the board would	69431
approve the agreement, including the execution of an agreement to	69432
compensate the school district under division (B) of section	69433
5709.82 of the Revised Code. The board of county commissioners may	69434
approve the agreement at any time after the board of education	69435
certifies its resolution approving the agreement to the board of	69436
county commissioners, or, if the board of education approves the	69437
agreement conditionally, at any time after the conditions are	69438
agreed to by the board of education and the board of county	69439
commissioners.	69440

If a board of education has adopted a resolution waiving its	69441
right to approve agreements and the resolution remains in effect,	69442
approval of an agreement by the board of education is not required	69443
under division (C) of this section. If a board of education has	69444
adopted a resolution allowing a board of county commissioners to	69445
deliver the notice required under this division fewer than	69446
forty-five business days prior to approval of the agreement by the	69447
board of county commissioners, the board of county commissioners	69448
shall deliver the notice to the board of education not later than	69449
the number of days prior to such approval as prescribed by the	69450
board of education in its resolution. If a board of education	69451
adopts a resolution waiving its right to approve agreements or	69452
shortening the notification period, the board of education shall	69453
certify a copy of the resolution to the board of county	69454
commissioners. If the board of education rescinds such a	69455
resolution, it shall certify notice of the rescission to the board	69456
of county commissioners.	69457

(2) The board of county commissioners shall comply with	69458
section 5709.83 of the Revised Code unless the board of education	69459
has adopted a resolution under that section waiving its right to	69460
receive such notice.	69461

(D) This division applies to zones certified by the director	69462
of development under this section prior to July 22, 1994.	69463

On or before October 15, ~~2012~~2013, and with the consent of	69464
the legislative authority of each affected municipal corporation	69465
or board of township trustees of each affected township, the board	69466
of county commissioners that designated a zone to which this	69467
division applies may enter into an agreement with an enterprise if	69468
the board finds that the enterprise satisfies one of the criteria	69469
described in divisions (D)(1) to (5) of this section:	69470

(1) The enterprise currently has no operations in this state	69471
and, subject to approval of the agreement, intends to establish	69472
operations in the zone;	69473

(2) The enterprise currently has operations in this state	69474
and, subject to approval of the agreement, intends to establish	69475
operations at a new location in the zone that would not result in	69476
a reduction in the number of employee positions at any of the	69477
enterprise's other locations in this state;	69478

(3) The enterprise, subject to approval of the agreement,	69479
intends to relocate operations, currently located in another	69480
state, to the zone;	69481

(4) The enterprise, subject to approval of the agreement,	69482
intends to expand operations at an existing site in the zone that	69483
the enterprise currently operates;	69484

(5) The enterprise, subject to approval of the agreement,	69485
intends to relocate operations, currently located in this state,	69486
to the zone, and the director of development has issued a waiver	69487
for the enterprise under division (B) of section 5709.633 of the	69488
Revised Code.	69489

The agreement shall require the enterprise to agree to	69490
establish, expand, renovate, or occupy a facility in the zone and	69491
hire new employees, or preserve employment opportunities for	69492
existing employees, in return for one or more of the incentives	69493
described in division (B) of this section.	69494

(E) All agreements entered into under this section shall be	69495
in the form prescribed under section 5709.631 of the Revised Code.	69496
After an agreement under this section is entered into, if the	69497
board of county commissioners revokes its designation of a zone,	69498
or if the director of development revokes a zone's certification,	69499
any entitlements granted under the agreement shall continue for	69500
the number of years specified in the agreement.	69501

(F) Except as otherwise provided in this division, an	69502
agreement entered into under this section shall require that the	69503
enterprise pay an annual fee equal to the greater of one per cent	69504
of the dollar value of incentives offered under the agreement or	69505
five hundred dollars; provided, however, that if the value of the	69506
incentives exceeds two hundred fifty thousand dollars, the fee	69507
shall not exceed two thousand five hundred dollars. The fee shall	69508
be payable to the board of county commissioners once per year for	69509
each year the agreement is effective on the days and in the form	69510
specified in the agreement. Fees paid shall be deposited in a	69511
special fund created for such purpose by the board and shall be	69512
used by the board exclusively for the purpose of complying with	69513
section 5709.68 of the Revised Code and by the tax incentive	69514
review council created under section 5709.85 of the Revised Code	69515
exclusively for the purposes of performing the duties prescribed	69516
under that section. The board may waive or reduce the amount of	69517
the fee charged against an enterprise, but such waiver or	69518
reduction does not affect the obligations of the board or the tax	69519
incentive review council to comply with section 5709.68 or 5709.85	69520
of the Revised Code, respectively.	69521

(G) With the approval of the legislative authority of a	69522
municipal corporation or the board of township trustees of a	69523
township in which a zone is designated under division (A) of this	69524
section, the board of county commissioners may delegate to that	69525
legislative authority or board any powers and duties of the board	69526
of county commissioners to negotiate and administer agreements	69527
with regard to that zone under this section.	69528

(H) When an agreement is entered into pursuant to this	69529
section, the board of county commissioners authorizing the	69530
agreement or the legislative authority or board of township	69531
trustees that negotiates and administers the agreement shall	69532
forward a copy of the agreement to the director of development and	69533
to the tax commissioner within fifteen days after the agreement is	69534
entered into. If any agreement includes terms not provided for in	69535
section 5709.631 of the Revised Code affecting the revenue of a	69536
city, local, or exempted village school district or causing	69537
revenue to be foregone by the district, including any compensation	69538
to be paid to the school district pursuant to section 5709.82 of	69539
the Revised Code, those terms also shall be forwarded in writing	69540
to the director of development along with the copy of the	69541
agreement forwarded under this division.	69542

(I) After an agreement is entered into, the enterprise shall	69543
file with each personal property tax return required to be filed,	69544
or annual report that is required to be filed under section	69545
5727.08 of the Revised Code, while the agreement is in effect, an	69546
informational return, on a form prescribed by the tax commissioner	69547
for that purpose, setting forth separately the property, and	69548
related costs and values, exempted from taxation under the	69549
agreement.	69550

(J) Enterprises may agree to give preference to residents of	69551
the zone within which the agreement applies relative to residents	69552
of this state who do not reside in the zone when hiring new	69553
employees under the agreement.	69554

(K) An agreement entered into under this section may include	69555
a provision requiring the enterprise to create one or more	69556
temporary internship positions for students enrolled in a course	69557
of study at a school or other educational institution in the	69558
vicinity, and to create a scholarship or provide another form of	69559
educational financial assistance for students holding such a	69560
position in exchange for the student's commitment to work for the	69561
enterprise at the completion of the internship.	69562

(L) The tax commissioner's authority in determining the	69563
accuracy of any exemption granted by an agreement entered into	69564
under this section is limited to divisions (B)(1)(b)(i) and (ii),	69565
(B)(2), (C), and (I) of this section, division (B)(1)(b)(iv) of	69566
this section as it pertains to divisions (C)(2)(a), (b), and (c)	69567
of section 5709.62 of the Revised Code, and divisions (B)(1) to	69568
(10) of section 5709.631 of the Revised Code and, as authorized by	69569
law, to enforcing any modification to, or revocation of, that	69570
agreement by the board of county commissioners or the director of	69571
development or, if the board's powers and duties are delegated	69572
under division (G) of this section, by the legislative authority	69573
of a municipal corporation or board of township trustees.	69574

Sec. 5709.632. (A)(1) The legislative authority of a	69575
municipal corporation defined by the United States office of	69576
management and budget as a principal city of a metropolitan	69577
statistical area may, in the manner set forth in section 5709.62	69578
of the Revised Code, designate one or more areas in the municipal	69579
corporation as a proposed enterprise zone.	69580

(2) With the consent of the legislative authority of each	69581
affected municipal corporation or of a board of township trustees,	69582
a board of county commissioners may, in the manner set forth in	69583
section 5709.62 of the Revised Code, designate one or more areas	69584
in one or more municipal corporations or in unincorporated areas	69585
of the county as proposed urban jobs and enterprise zones, except	69586
that a board of county commissioners may designate no more than	69587
one area within a township, or within adjacent townships, as a	69588
proposed urban jobs and enterprise zone.	69589

(3) The legislative authority or board of county	69590
commissioners may petition the director of development for	69591
certification of the area as having the characteristics set forth	69592
in division (A)(3) of section 5709.61 of the Revised Code. Within	69593
sixty days after receiving such a petition, the director shall	69594
determine whether the area has the characteristics set forth in	69595
that division and forward the findings to the legislative	69596
authority or board of county commissioners. If the director	69597
certifies the area as having those characteristics and thereby	69598
certifies it as a zone, the legislative authority or board may	69599
enter into agreements with enterprises under division (B) of this	69600
section. Any enterprise wishing to enter into an agreement with a	69601
legislative authority or board of county commissioners under this	69602
section and satisfying one of the criteria described in divisions	69603
(B)(1) to (5) of this section shall submit a proposal to the	69604
legislative authority or board on the form prescribed under	69605
division (B) of section 5709.62 of the Revised Code and shall	69606
review and update the estimates and listings required by the form	69607
in the manner required under that division. The legislative	69608
authority or board may, on a separate form and at any time,	69609
require any additional information necessary to determine whether	69610
an enterprise is in compliance with an agreement and to collect	69611
the information required to be reported under section 5709.68 of	69612
the Revised Code.	69613

(B) Prior to entering into an agreement with an enterprise,	69614
the legislative authority or board of county commissioners shall	69615
determine whether the enterprise submitting the proposal is	69616
qualified by financial responsibility and business experience to	69617
create and preserve employment opportunities in the zone and to	69618
improve the economic climate of the municipal corporation or	69619
municipal corporations or the unincorporated areas in which the	69620
zone is located and to which the proposal applies, and whether the	69621
enterprise satisfies one of the following criteria:	69622

(1) The enterprise currently has no operations in this state	69623
and, subject to approval of the agreement, intends to establish	69624
operations in the zone;	69625

(2) The enterprise currently has operations in this state	69626
and, subject to approval of the agreement, intends to establish	69627
operations at a new location in the zone that would not result in	69628
a reduction in the number of employee positions at any of the	69629
enterprise's other locations in this state;	69630

(3) The enterprise, subject to approval of the agreement,	69631
intends to relocate operations, currently located in another	69632
state, to the zone;	69633

(4) The enterprise, subject to approval of the agreement,	69634
intends to expand operations at an existing site in the zone that	69635
the enterprise currently operates;	69636

(5) The enterprise, subject to approval of the agreement,	69637
intends to relocate operations, currently located in this state,	69638
to the zone, and the director of development has issued a waiver	69639
for the enterprise under division (B) of section 5709.633 of the	69640
Revised Code.	69641

(C) If the legislative authority or board determines that the	69642
enterprise is so qualified and satisfies one of the criteria	69643
described in divisions (B)(1) to (5) of this section, the	69644
legislative authority or board may, after complying with section	69645
5709.83 of the Revised Code and on or before October 15, ~~2012~~	69646
2013, and, in the case of a board of commissioners, with the	69647
consent of the legislative authority of each affected municipal	69648
corporation or of the board of township trustees, enter into an	69649
agreement with the enterprise under which the enterprise agrees to	69650
establish, expand, renovate, or occupy a facility in the zone and	69651
hire new employees, or preserve employment opportunities for	69652
existing employees, in return for the following incentives:	69653

(1) When the facility is located in a municipal corporation,	69654
a legislative authority or board of commissioners may enter into	69655
an agreement for one or more of the incentives provided in	69656
division (C) of section 5709.62 of the Revised Code, subject to	69657
division (D) of that section;	69658

(2) When the facility is located in an unincorporated area, a	69659
board of commissioners may enter into an agreement for one or more	69660
of the incentives provided in divisions (B)(1)(b), (B)(2), and	69661
(B)(3) of section 5709.63 of the Revised Code, subject to division	69662
(C) of that section.	69663

(D) All agreements entered into under this section shall be	69664
in the form prescribed under section 5709.631 of the Revised Code.	69665
After an agreement under this section is entered into, if the	69666
legislative authority or board of county commissioners revokes its	69667
designation of the zone, or if the director of development revokes	69668
the zone's certification, any entitlements granted under the	69669
agreement shall continue for the number of years specified in the	69670
agreement.	69671

(E) Except as otherwise provided in this division, an	69672
agreement entered into under this section shall require that the	69673
enterprise pay an annual fee equal to the greater of one per cent	69674
of the dollar value of incentives offered under the agreement or	69675
five hundred dollars; provided, however, that if the value of the	69676
incentives exceeds two hundred fifty thousand dollars, the fee	69677
shall not exceed two thousand five hundred dollars. The fee shall	69678
be payable to the legislative authority or board of commissioners	69679
once per year for each year the agreement is effective on the days	69680
and in the form specified in the agreement. Fees paid shall be	69681
deposited in a special fund created for such purpose by the	69682
legislative authority or board and shall be used by the	69683
legislative authority or board exclusively for the purpose of	69684
complying with section 5709.68 of the Revised Code and by the tax	69685
incentive review council created under section 5709.85 of the	69686
Revised Code exclusively for the purposes of performing the duties	69687
prescribed under that section. The legislative authority or board	69688
may waive or reduce the amount of the fee charged against an	69689
enterprise, but such waiver or reduction does not affect the	69690
obligations of the legislative authority or board or the tax	69691
incentive review council to comply with section 5709.68 or 5709.85	69692
of the Revised Code, respectively.	69693

(F) With the approval of the legislative authority of a	69694
municipal corporation or the board of township trustees of a	69695
township in which a zone is designated under division (A)(2) of	69696
this section, the board of county commissioners may delegate to	69697
that legislative authority or board any powers and duties of the	69698
board to negotiate and administer agreements with regard to that	69699
zone under this section.	69700

(G) When an agreement is entered into pursuant to this	69701
section, the legislative authority or board of commissioners	69702
authorizing the agreement shall forward a copy of the agreement to	69703
the director of development and to the tax commissioner within	69704
fifteen days after the agreement is entered into. If any agreement	69705
includes terms not provided for in section 5709.631 of the Revised	69706
Code affecting the revenue of a city, local, or exempted village	69707
school district or causing revenue to be forgone by the district,	69708
including any compensation to be paid to the school district	69709
pursuant to section 5709.82 of the Revised Code, those terms also	69710
shall be forwarded in writing to the director of development along	69711
with the copy of the agreement forwarded under this division.	69712

(H) After an agreement is entered into, the enterprise shall	69713
file with each personal property tax return required to be filed	69714
while the agreement is in effect, an informational return, on a	69715
form prescribed by the tax commissioner for that purpose, setting	69716
forth separately the property, and related costs and values,	69717
exempted from taxation under the agreement.	69718

(I) An agreement entered into under this section may include	69719
a provision requiring the enterprise to create one or more	69720
temporary internship positions for students enrolled in a course	69721
of study at a school or other educational institution in the	69722
vicinity, and to create a scholarship or provide another form of	69723
educational financial assistance for students holding such a	69724
position in exchange for the student's commitment to work for the	69725
enterprise at the completion of the internship.	69726

Sec. 5709.73. (A) As used in this section and section	69727
5709.74 of the Revised Code:	69728

(1) "Business day" means a day of the week excluding	69729
Saturday, Sunday, and a legal holiday as defined in section 1.14	69730
of the Revised Code.	69731

(2) "Further improvements" or "improvements" means the	69732
increase in the assessed value of real property that would first	69733
appear on the tax list and duplicate of real and public utility	69734
property after the effective date of a resolution adopted under	69735
this section were it not for the exemption granted by that	69736
resolution. For purposes of division (B) of this section,	69737
"improvements" do not include any property used or to be used for	69738
residential purposes.	69739

(3) "Housing renovation" means a project carried out for	69740
residential purposes.	69741

(4) "Incentive district" has the same meaning as in section	69742
5709.40 of the Revised Code, except that a blighted area is in the	69743
unincorporated area of a township.	69744

(5) "Project" and "public infrastructure improvement" have	69745
the same meanings as in section 5709.40 of the Revised Code.	69746

(B) A board of township trustees may, by unanimous vote,	69747
adopt a resolution that declares to be a public purpose any public	69748
infrastructure improvements made that are necessary for the	69749
development of certain parcels of land located in the	69750
unincorporated area of the township. Except with the approval	69751
under division (D) of this section of the board of education of	69752
each city, local, or exempted village school district within which	69753
the improvements are located, the resolution may exempt from real	69754
property taxation not more than seventy-five per cent of further	69755
improvements to a parcel of land that directly benefits from the	69756
public infrastructure improvements, for a period of not more than	69757
ten years. The resolution shall specify the percentage of the	69758
further improvements to be exempted and the life of the exemption.	69759

(C)(1) A board of township trustees may adopt, by unanimous	69760
vote, a resolution creating an incentive district and declaring	69761
improvements to parcels within the district to be a public purpose	69762
and, except as provided in division (F) of this section, exempt	69763
from taxation as provided in this section, but no board of	69764
township trustees of a township that has a population that exceeds	69765
twenty-five thousand, as shown by the most recent federal	69766
decennial census, shall adopt a resolution that creates an	69767
incentive district if the sum of the taxable value of real	69768
property in the proposed district for the preceding tax year and	69769
the taxable value of all real property in the township that would	69770
have been taxable in the preceding year were it not for the fact	69771
that the property was in an existing incentive district and	69772
therefore exempt from taxation exceeds twenty-five per cent of the	69773
taxable value of real property in the township for the preceding	69774
tax year. The district shall be located within the unincorporated	69775
area of the township and shall not include any territory that is	69776
included within a district created under division (B) of section	69777
5709.78 of the Revised Code. The resolution shall delineate the	69778
boundary of the district and specifically identify each parcel	69779
within the district. A district may not include any parcel that is	69780
or has been exempted from taxation under division (B) of this	69781
section or that is or has been within another district created	69782
under this division. A resolution may create more than one	69783
district, and more than one resolution may be adopted under	69784
division (C)(1) of this section.	69785

(2) Not later than thirty days prior to adopting a resolution	69786
under division (C)(1) of this section, if the township intends to	69787
apply for exemptions from taxation under section 5709.911 of the	69788
Revised Code on behalf of owners of real property located within	69789
the proposed incentive district, the board shall conduct a public	69790
hearing on the proposed resolution. Not later than thirty days	69791
prior to the public hearing, the board shall give notice of the	69792
public hearing and the proposed resolution by first class mail to	69793
every real property owner whose property is located within the	69794
boundaries of the proposed incentive district that is the subject	69795
of the proposed resolution.	69796

(3)(a) A resolution adopted under division (C)(1) of this	69797
section shall specify the life of the incentive district and the	69798
percentage of the improvements to be exempted, shall designate the	69799
public infrastructure improvements made, to be made, or in the	69800
process of being made, that benefit or serve, or, once made, will	69801
benefit or serve parcels in the district. The resolution also	69802
shall identify one or more specific projects being, or to be,	69803
undertaken in the district that place additional demand on the	69804
public infrastructure improvements designated in the resolution.	69805
The project identified may, but need not be, the project under	69806
division (C)(3)(b) of this section that places real property in	69807
use for commercial or industrial purposes.	69808

A resolution adopted under division (C)(1) of this section on	69809
or after March 30, 2006, shall not designate police or fire	69810
equipment as public infrastructure improvements, and no service	69811
payment provided for in section 5709.74 of the Revised Code and	69812
received by the township under the resolution shall be used for	69813
police or fire equipment.	69814

(b) A resolution adopted under division (C)(1) of this	69815
section may authorize the use of service payments provided for in	69816
section 5709.74 of the Revised Code for the purpose of housing	69817
renovations within the incentive district, provided that the	69818
resolution also designates public infrastructure improvements that	69819
benefit or serve the district, and that a project within the	69820
district places real property in use for commercial or industrial	69821
purposes. Service payments may be used to finance or support	69822
loans, deferred loans, and grants to persons for the purpose of	69823
housing renovations within the district. The resolution shall	69824
designate the parcels within the district that are eligible for	69825
housing renovations. The resolution shall state separately the	69826
amount or the percentages of the expected aggregate service	69827
payments that are designated for each public infrastructure	69828
improvement and for the purpose of housing renovations.	69829

(4) Except with the approval of the board of education of	69830
each city, local, or exempted village school district within the	69831
territory of which the incentive district is or will be located,	69832
and subject to division (E) of this section, the life of an	69833
incentive district shall not exceed ten years, and the percentage	69834
of improvements to be exempted shall not exceed seventy-five per	69835
cent. With approval of the board of education, the life of a	69836
district may be not more than thirty years, and the percentage of	69837
improvements to be exempted may be not more than one hundred per	69838
cent. The approval of a board of education shall be obtained in	69839
the manner provided in division (D) of this section.	69840

(D) Improvements with respect to a parcel may be exempted	69841
from taxation under division (B) of this section, and improvements	69842
to parcels within an incentive district may be exempted from	69843
taxation under division (C) of this section, for up to ten years	69844
or, with the approval of the board of education of the city,	69845
local, or exempted village school district within which the parcel	69846
or district is located, for up to thirty years. The percentage of	69847
the improvements exempted from taxation may, with such approval,	69848
exceed seventy-five per cent, but shall not exceed one hundred per	69849
cent. Not later than forty-five business days prior to adopting a	69850
resolution under this section declaring improvements to be a	69851
public purpose that is subject to approval by a board of education	69852
under this division, the board of township trustees shall deliver	69853
to the board of education a notice stating its intent to adopt a	69854
resolution making that declaration. The notice regarding	69855
improvements with respect to a parcel under division (B) of this	69856
section shall identify the parcels for which improvements are to	69857
be exempted from taxation, provide an estimate of the true value	69858
in money of the improvements, specify the period for which the	69859
improvements would be exempted from taxation and the percentage of	69860
the improvements that would be exempted, and indicate the date on	69861
which the board of township trustees intends to adopt the	69862
resolution. The notice regarding improvements made under division	69863
(C) of this section to parcels within an incentive district shall	69864
delineate the boundaries of the district, specifically identify	69865
each parcel within the district, identify each anticipated	69866
improvement in the district, provide an estimate of the true value	69867
in money of each such improvement, specify the life of the	69868
district and the percentage of improvements that would be	69869
exempted, and indicate the date on which the board of township	69870
trustees intends to adopt the resolution. The board of education,	69871
by resolution adopted by a majority of the board, may approve the	69872
exemption for the period or for the exemption percentage specified	69873
in the notice; may disapprove the exemption for the number of	69874
years in excess of ten, may disapprove the exemption for the	69875
percentage of the improvements to be exempted in excess of	69876
seventy-five per cent, or both; or may approve the exemption on	69877
the condition that the board of township trustees and the board of	69878
education negotiate an agreement providing for compensation to the	69879
school district equal in value to a percentage of the amount of	69880
taxes exempted in the eleventh and subsequent years of the	69881
exemption period or, in the case of exemption percentages in	69882
excess of seventy-five per cent, compensation equal in value to a	69883
percentage of the taxes that would be payable on the portion of	69884
the improvements in excess of seventy-five per cent were that	69885
portion to be subject to taxation, or other mutually agreeable	69886
compensation.	69887

The board of education shall certify its resolution to the	69888
board of township trustees not later than fourteen days prior to	69889
the date the board of township trustees intends to adopt the	69890
resolution as indicated in the notice. If the board of education	69891
and the board of township trustees negotiate a mutually acceptable	69892
compensation agreement, the resolution may declare the	69893
improvements a public purpose for the number of years specified in	69894
the resolution or, in the case of exemption percentages in excess	69895
of seventy-five per cent, for the exemption percentage specified	69896
in the resolution. In either case, if the board of education and	69897
the board of township trustees fail to negotiate a mutually	69898
acceptable compensation agreement, the resolution may declare the	69899
improvements a public purpose for not more than ten years, and	69900
shall not exempt more than seventy-five per cent of the	69901
improvements from taxation. If the board of education fails to	69902
certify a resolution to the board of township trustees within the	69903
time prescribed by this section, the board of township trustees	69904
thereupon may adopt the resolution and may declare the	69905
improvements a public purpose for up to thirty years or, in the	69906
case of exemption percentages proposed in excess of seventy-five	69907
per cent, for the exemption percentage specified in the	69908
resolution. The board of township trustees may adopt the	69909
resolution at any time after the board of education certifies its	69910
resolution approving the exemption to the board of township	69911
trustees, or, if the board of education approves the exemption on	69912
the condition that a mutually acceptable compensation agreement be	69913
negotiated, at any time after the compensation agreement is agreed	69914
to by the board of education and the board of township trustees.	69915
If a mutually acceptable compensation agreement is negotiated	69916
between the board of township trustees and the board of education,	69917
including agreements for payments in lieu of taxes under section	69918
5709.74 of the Revised Code, the board of township trustees shall	69919
compensate the joint vocational school district within which the	69920
parcel or district is located at the same rate and under the same	69921
terms received by the city, local, or exempted village school	69922
district.	69923

If a board of education has adopted a resolution waiving its	69924
right to approve exemptions from taxation under this section and	69925
the resolution remains in effect, approval of such exemptions by	69926
the board of education is not required under division (D) of this	69927
section. If a board of education has adopted a resolution allowing	69928
a board of township trustees to deliver the notice required under	69929
division (D) of this section fewer than forty-five business days	69930
prior to adoption of the resolution by the board of township	69931
trustees, the board of township trustees shall deliver the notice	69932
to the board of education not later than the number of days prior	69933
to the adoption as prescribed by the board of education in its	69934
resolution. If a board of education adopts a resolution waiving	69935
its right to approve exemptions or shortening the notification	69936
period, the board of education shall certify a copy of the	69937
resolution to the board of township trustees. If the board of	69938
education rescinds the resolution, it shall certify notice of the	69939
rescission to the board of township trustees.	69940

If the board of township trustees is not required by division	69941
(D) of this section to notify the board of education of the board	69942
of township trustees' intent to declare improvements to be a	69943
public purpose, the board of township trustees shall comply with	69944
the notice requirements imposed under section 5709.83 of the	69945
Revised Code before taking formal action to adopt the resolution	69946
making that declaration, unless the board of education has adopted	69947
a resolution under that section waiving its right to receive the	69948
notice.	69949

(E)(1) If a proposed resolution under division (C)(1) of this	69950
section exempts improvements with respect to a parcel within an	69951
incentive district for more than ten years, or the percentage of	69952
the improvement exempted from taxation exceeds seventy-five per	69953
cent, not later than forty-five business days prior to adopting	69954
the resolution the board of township trustees shall deliver to the	69955
board of county commissioners of the county within which the	69956
incentive district is or will be located a notice that states its	69957
intent to adopt a resolution creating an incentive district. The	69958
notice shall include a copy of the proposed resolution, identify	69959
the parcels for which improvements are to be exempted from	69960
taxation, provide an estimate of the true value in money of the	69961
improvements, specify the period of time for which the	69962
improvements would be exempted from taxation, specify the	69963
percentage of the improvements that would be exempted from	69964
taxation, and indicate the date on which the board of township	69965
trustees intends to adopt the resolution.	69966

(2) The board of county commissioners, by resolution adopted	69967
by a majority of the board, may object to the exemption for the	69968
number of years in excess of ten, may object to the exemption for	69969
the percentage of the improvement to be exempted in excess of	69970
seventy-five per cent, or both. If the board of county	69971
commissioners objects, the board may negotiate a mutually	69972
acceptable compensation agreement with the board of township	69973
trustees. In no case shall the compensation provided to the board	69974
of county commissioners exceed the property taxes foregone due to	69975
the exemption. If the board of county commissioners objects, and	69976
the board of county commissioners and board of township trustees	69977
fail to negotiate a mutually acceptable compensation agreement,	69978
the resolution adopted under division (C)(1) of this section shall	69979
provide to the board of county commissioners compensation in the	69980
eleventh and subsequent years of the exemption period equal in	69981
value to not more than fifty per cent of the taxes that would be	69982
payable to the county or, if the board of county commissioner's	69983
objection includes an objection to an exemption percentage in	69984
excess of seventy-five per cent, compensation equal in value to	69985
not more than fifty per cent of the taxes that would be payable to	69986
the county, on the portion of the improvement in excess of	69987
seventy-five per cent, were that portion to be subject to	69988
taxation. The board of county commissioners shall certify its	69989
resolution to the board of township trustees not later than thirty	69990
days after receipt of the notice.	69991

(3) If the board of county commissioners does not object or	69992
fails to certify its resolution objecting to an exemption within	69993
thirty days after receipt of the notice, the board of township	69994
trustees may adopt its resolution, and no compensation shall be	69995
provided to the board of county commissioners. If the board of	69996
county commissioners timely certifies its resolution objecting to	69997
the trustees' resolution, the board of township trustees may adopt	69998
its resolution at any time after a mutually acceptable	69999
compensation agreement is agreed to by the board of county	70000
commissioners and the board of township trustees, or, if no	70001
compensation agreement is negotiated, at any time after the board	70002
of township trustees agrees in the proposed resolution to provide	70003
compensation to the board of county commissioners of fifty per	70004
cent of the taxes that would be payable to the county in the	70005
eleventh and subsequent years of the exemption period or on the	70006
portion of the improvement in excess of seventy-five per cent,	70007
were that portion to be subject to taxation.	70008

(F) Service payments in lieu of taxes that are attributable	70009
to any amount by which the effective tax rate of either a renewal	70010
levy with an increase or a replacement levy exceeds the effective	70011
tax rate of the levy renewed or replaced, or that are attributable	70012
to an additional levy, for a levy authorized by the voters for any	70013
of the following purposes on or after January 1, 2006, and which	70014
are provided pursuant to a resolution creating an incentive	70015
district under division (C)(1) of this section that is adopted on	70016
or after January 1, 2006, shall be distributed to the appropriate	70017
taxing authority as required under division (C) of section 5709.74	70018
of the Revised Code in an amount equal to the amount of taxes from	70019
that additional levy or from the increase in the effective tax	70020
rate of such renewal or replacement levy that would have been	70021
payable to that taxing authority from the following levies were it	70022
not for the exemption authorized under division (C) of this	70023
section:	70024

(1) A tax levied under division (L) of section 5705.19 or	70025
section 5705.191 of the Revised Code for community mental	70026
retardation and developmental disabilities programs and services	70027
pursuant to Chapter 5126. of the Revised Code;	70028

(2) A tax levied under division (Y) of section 5705.19 of the	70029
Revised Code for providing or maintaining senior citizens services	70030
or facilities;	70031

(3) A tax levied under section 5705.22 of the Revised Code	70032
for county hospitals;	70033

(4) A tax levied by a joint-county district or by a county	70034
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	70035
for alcohol, drug addiction, and mental health services or	70036
families;	70037

(5) A tax levied under section 5705.23 of the Revised Code	70038
for library purposes;	70039

(6) A tax levied under section 5705.24 of the Revised Code	70040
for the support of children services and the placement and care of	70041
children;	70042

(7) A tax levied under division (Z) of section 5705.19 of the	70043
Revised Code for the provision and maintenance of zoological park	70044
services and facilities under section 307.76 of the Revised Code;	70045

(8) A tax levied under section 511.27 or division (H) of	70046
section 5705.19 of the Revised Code for the support of township	70047
park districts;	70048

(9) A tax levied under division (A), (F), or (H) of section	70049
5705.19 of the Revised Code for parks and recreational purposes of	70050
a joint recreation district organized pursuant to division (B) of	70051
section 755.14 of the Revised Code;	70052

(10) A tax levied under section 1545.20 or 1545.21 of the	70053
Revised Code for park district purposes;	70054

(11) A tax levied under section 5705.191 of the Revised Code	70055
for the purpose of making appropriations for public assistance;	70056
human or social services; public relief; public welfare; public	70057
health and hospitalization; and support of general hospitals;	70058

(12) A tax levied under section 3709.29 of the Revised Code	70059
for a general health district program.	70060

(G) An exemption from taxation granted under this section	70061
commences with the tax year specified in the resolution so long as	70062
the year specified in the resolution commences after the effective	70063
date of the resolution. If the resolution specifies a year	70064
commencing before the effective date of the resolution or	70065
specifies no year whatsoever, the exemption commences with the tax	70066
year in which an exempted improvement first appears on the tax	70067
list and duplicate of real and public utility property and that	70068
commences after the effective date of the resolution. Except as	70069
otherwise provided in this division, the exemption ends on the	70070
date specified in the resolution as the date the improvement	70071
ceases to be a public purpose or the incentive district expires,	70072
or ends on the date on which the public infrastructure	70073
improvements and housing renovations are paid in full from the	70074
township public improvement tax increment equivalent fund	70075
established under section 5709.75 of the Revised Code, whichever	70076
occurs first. The exemption of an improvement with respect to a	70077
parcel or within an incentive district may end on a later date, as	70078
specified in the resolution, if the board of township trustees and	70079
the board of education of the city, local, or exempted village	70080
school district within which the parcel or district is located	70081
have entered into a compensation agreement under section 5709.82	70082
of the Revised Code with respect to the improvement and the board	70083
of education has approved the term of the exemption under division	70084
(D) of this section, but in no case shall the improvement be	70085
exempted from taxation for more than thirty years. The board of	70086
township trustees may, by majority vote, adopt a resolution	70087
permitting the township to enter into such agreements as the board	70088
finds necessary or appropriate to provide for the construction or	70089
undertaking of public infrastructure improvements and housing	70090
renovations. Any exemption shall be claimed and allowed in the	70091
same or a similar manner as in the case of other real property	70092
exemptions. If an exemption status changes during a tax year, the	70093
procedure for the apportionment of the taxes for that year is the	70094
same as in the case of other changes in tax exemption status	70095
during the year.	70096

(H) The board of township trustees may issue the notes of the	70097
township to finance all costs pertaining to the construction or	70098
undertaking of public infrastructure improvements and housing	70099
renovations made pursuant to this section. The notes shall be	70100
signed by the board and attested by the signature of the township	70101
fiscal officer, shall bear interest not to exceed the rate	70102
provided in section 9.95 of the Revised Code, and are not subject	70103
to Chapter 133. of the Revised Code. The resolution authorizing	70104
the issuance of the notes shall pledge the funds of the township	70105
public improvement tax increment equivalent fund established	70106
pursuant to section 5709.75 of the Revised Code to pay the	70107
interest on and principal of the notes. The notes, which may	70108
contain a clause permitting prepayment at the option of the board,	70109
shall be offered for sale on the open market or given to the	70110
vendor or contractor if no sale is made.	70111

(I) The township, not later than fifteen days after the	70112
adoption of a resolution under this section, shall submit to the	70113
director of development a copy of the resolution. On or before the	70114
thirty-first day of March of each year, the township shall submit	70115
a status report to the director of development. The report shall	70116
indicate, in the manner prescribed by the director, the progress	70117
of the project during each year that the exemption remains in	70118
effect, including a summary of the receipts from service payments	70119
in lieu of taxes; expenditures of money from the fund created	70120
under section 5709.75 of the Revised Code; a description of the	70121
public infrastructure improvements and housing renovations	70122
financed with the expenditures; and a quantitative summary of	70123
changes in private investment resulting from each project.	70124

(J) Nothing in this section shall be construed to prohibit a	70125
board of township trustees from declaring to be a public purpose	70126
improvements with respect to more than one parcel.	70127

(K) A board of township trustees that adopted a resolution	70128
under this section prior to July 21, 1994, may amend that	70129
resolution to include any additional public infrastructure	70130
improvement. A board of township trustees that seeks by the	70131
amendment to utilize money from its township public improvement	70132
tax increment equivalent fund for land acquisition in aid of	70133
industry, commerce, distribution, or research, demolition on	70134
private property, or stormwater and flood remediation projects may	70135
do so provided that the board currently is a party to a	70136
hold-harmless agreement with the board of education of the city,	70137
local, or exempted village school district within the territory of	70138
which are located the parcels that are subject to an exemption.	70139
For the purposes of this division, a "hold-harmless agreement"	70140
means an agreement under which the board of township trustees	70141
agrees to compensate the school district for one hundred per cent	70142
of the tax revenue that the school district would have received	70143
from further improvements to parcels designated in the resolution	70144
were it not for the exemption granted by the resolution.	70145

(L) With respect to improvements resulting from projects, for	70146
which construction commences on or after April 1, 2012, and on or	70147
before December 31, 2013, and for which an exemption has been or	70148
will be sought pursuant to a resolution adopted under this section	70149
before December 14, 2001, "property used or to be used for	70150
residential purposes," as used in division (A)(2) of this section,	70151
means only that property that, as improved, the tax commissioner	70152
would classify as residential land and improvements pursuant to	70153
rules adopted by the tax commissioner under section 5713.041 of	70154
the Revised Code.	70155

Sec. 5713.012. (A) For purposes of this section:

70156

(1) "Mass appraisal project" means any sexennial reappraisal,	70157
triennial update, or other revaluation of all real property or the	70158
valuation of newly constructed real property in accordance with	70159
section 5713.01 of the Revised Code.	70160

(2) "Qualified project manager" means a person who plans,	70161
manages, coordinates, and controls the execution of a mass	70162
appraisal project under the direction of the county auditor and	70163
who has all of the following qualifications:	70164

(a) Has passed a comprehensive final examination that	70165
corresponds to a course, approved by the superintendent of real	70166
estate and professional licensing, that consists of at least	70167
thirty hours of instruction, quizzes, and learning aids. The	70168
superintendent shall not approve a course under this division that	70169
does not address the following topics in both the instruction and	70170
the examination:	70171

(i) Concepts and principles of mass appraisal as they relate	70172
to the assessment of real property for the purposes of ad valorem	70173
taxation;	70174

(ii) Methods of data collection and data management relative	70175
to parcels of real property, including modern alternative data	70176
collection methods and currently utilized computer-assisted mass	70177
appraisal systems;	70178

(iii) Assessment sales-ratio study including various measures	70179
of central tendency, the various measures of dispersion of data	70180
about the mean, median, and dollar-weighted mean, and the	70181
advantages and disadvantages of various analysis techniques;	70182

(iv) Traditional approaches of property valuation, including	70183
the cost approach, the sales comparison approach, and the income	70184
approach, as they are implemented in a mass appraisal project;	70185

(v) Methods and systems for model building and model	70186
calibration as related to mass appraisal of real property;	70187

(vi) Methods of production management and project analysis	70188
such as Gantt charts, program evaluation and review technique	70189
(PERT) charts, frequency distribution charts, line graphs, bar	70190
charts, and scatter diagrams, as they are utilized in the mass	70191
appraisal area.	70192

(b) Has completed at least seven hours of continuing	70193
education courses in mass appraisal during the two-year period	70194
immediately succeeding the year in which the person passed the	70195
examination required in division (A)(2)(a) of this section, and	70196
during each two-year period thereafter.	70197

(B)(1) The county auditor, in acting as the assessor of all	70198
real property in the auditor's county for taxation purposes in	70199
accordance with section 5713.01 of the Revised Code, shall involve	70200
at least one qualified project manager in each mass assessment	70201
project that originates more than two years after the effective	70202
date of the enactment of this section by H.B. 487 of the 129th	70203
general assembly.	70204

(2) The tax commissioner, beginning two years after the	70205
effective date of the enactment of this section by H.B. 487 of the	70206
129th general assembly, shall not approve any contract entered	70207
into by the auditor under division (E) of section 5713.01 of the	70208
Revised Code, with a person to do all or any part of the work	70209
necessary to the performance of the auditor's duties as assessor	70210
unless that person designates an officer or employee of that	70211
person, with the appropriate credentials, to act as a qualified	70212
project manager.	70213

(3) The tax commissioner, beginning two years after the	70214
effective date of the enactment of this section by H.B. 487 of the	70215
129th general assembly, shall not include any person that has not	70216
designated an officer or employee, with the appropriate	70217
credentials, to act as a qualified project manager on a list	70218
generated by the commissioner for either of the following	70219
purposes:	70220

(a) To assist county auditors in selecting a person to do all	70221
or any part of the work necessary to the performance of the	70222
auditor's duties as assessor of all real property under section	70223
5713.01 of the Revised Code;	70224

(b) To assist the commissioner in the consideration of	70225
whether to approve or disapprove the auditor's application	70226
requesting authority to employ an appraisal firm or individual	70227
appraiser.	70228

Sec. 5713.03. The county auditor, from the best sources of	70229
information available, shall determine, as nearly as practicable,	70230
the true value of the fee simple estate, as if unencumbered, of	70231
each separate tract, lot, or parcel of real property and of	70232
buildings, structures, and improvements located thereon and the	70233
current agricultural use value of land valued for tax purposes in	70234
accordance with section 5713.31 of the Revised Code, in every	70235
district, according to the rules prescribed by this chapter and	70236
section 5715.01 of the Revised Code, and in accordance with the	70237
uniform rules and methods of valuing and assessing real property	70238
as adopted, prescribed, and promulgated by the tax commissioner.	70239
HeThe auditor shall determine the taxable value of all real	70240
property by reducing its true or current agricultural use value by	70241
the percentage ordered by the commissioner. In determining the	70242
true value of any tract, lot, or parcel of real estate under this	70243
section, if such tract, lot, or parcel has been the subject of an	70244
arm's length sale between a willing seller and a willing buyer	70245
within a reasonable length of time, either before or after the tax	70246
lien date, the auditor ~~shall~~may consider the sale price of such	70247
tract, lot, or parcel to be the true value for taxation purposes.	70248
However, the sale price in an arm's length transaction between a	70249
willing seller and a willing buyer shall not be considered the	70250
true value of the property sold if subsequent to the sale:	70251

(A) The tract, lot, or parcel of real estate loses value due	70252
to some casualty;	70253

(B) An improvement is added to the property. Nothing in this	70254
section or section 5713.01 of the Revised Code and no rule adopted	70255
under section 5715.01 of the Revised Code shall require the county	70256
auditor to change the true value in money of any property in any	70257
year except a year in which the tax commissioner is required to	70258
determine under section 5715.24 of the Revised Code whether the	70259
property has been assessed as required by law.	70260

The county auditor shall adopt and use a real property record	70261
approved by the commissioner for each tract, lot, or parcel of	70262
real property, setting forth the true and taxable value of land	70263
and, in the case of land valued in accordance with section 5713.31	70264
of the Revised Code, its current agricultural use value, the	70265
number of acres of arable land, permanent pasture land, woodland,	70266
and wasteland in each tract, lot, or parcel. HeThe auditor shall	70267
record pertinent information and the true and taxable value of	70268
each building, structure, or improvement to land, which value	70269
shall be included as a separate part of the total value of each	70270
tract, lot, or parcel of real property.	70271

Sec. 5719.13. Taxes assessed on the shares of stock of a	70272
dealer in intangibles shall be a lien on such shares from the	70273
first day of January in each year until they are paid. Each dealer	70274
in intangibles shall collect the taxes due from the owners of such	70275
shares and ~~pay~~remit the same to the tax commissioner, who shall	70276
accept the remittance on behalf of the treasurer of state. The	70277
remittance shall be made payable to the treasurer of state and	70278
shall be made in the form prescribed by the commissioner. Any	70279
dealer in intangibles who fails to pay said taxes as provided in	70280
this section shall be liable by way of penalty for the gross	70281
amount of the taxes due from all the owners of shares, and for an	70282
additional amount of one hundred dollars for each day of delay in	70283
the payment of said taxes.	70284

A dealer in intangibles who pays ~~to the treasurer of state~~	70285
the taxes assessed upon its shares in the hands of its	70286
shareholders, as provided in this section, may deduct the amount	70287
thereof from dividends or distributions that are due or thereafter	70288
become due on such shares, and shall have a lien on the shares of	70289
stock and all funds belonging to such shareholders in its	70290
possession, or which come into its possession, for reimbursement	70291
of such tax paid on account of the shareholders, with legal	70292
interest. Such lien may be enforced in any appropriate manner.	70293

Sec. 5725.14. (A) As used in this section and section 5725.15	70294
of the Revised Code:	70295

(1) "Billing address" of a customer means one of the	70296
following:	70297

(a) The customer's address as set forth in any notice,	70298
statement, bill, or similar acknowledgment shall be presumed to be	70299
the address where the customer is located with respect to the	70300
transaction for which the dealer issued the notice, statement,	70301
bill, or acknowledgment.	70302

(b) If the dealer issues any notice, statement, bill, or	70303
similar acknowledgment electronically to an address other than a	70304
street address or post office box address or if the dealer does	70305
not issue such a notice, statement, bill, or acknowledgment, the	70306
customer's street address as set forth in the records of the	70307
dealer at the time of the transaction shall be presumed to be the	70308
address where the customer is located.	70309

(2) "Commissions" includes but is not limited to brokerage	70310
commissions, asset management fees, and similar fees charged in	70311
the regular course of business to a customer for the maintenance	70312
and management of the customer's account.	70313

(3) "Gross receipts" means one of the following:

70314

(a) In the case of a dealer in intangibles principally	70315
engaged in the business of lending money or discounting loans, the	70316
aggregate amount of loans effected or discounted;	70317

(b) In the case of a dealer in intangibles principally	70318
engaged in the business of selling or buying stocks, bonds, or	70319
other similar securities either on the dealer's own account or as	70320
agent for another, the aggregate amount of all commissions	70321
charged.	70322

(B) Each dealer in intangibles shall return to the tax	70323
commissioner between the first and second Mondays of March,	70324
annually, a report exhibiting in detail, and under appropriate	70325
heads, the dealer's resources and liabilities at the close of	70326
business on the thirty-first day of December next preceding,	70327
together with remittance made payable to the treasurer of state of	70328
the tax levied under division (D) of section 5707.03 of the	70329
Revised Code. In the case of an unincorporated dealer in	70330
intangibles, such report shall also exhibit the amount or value as	70331
of the date of conversion of all property within the year	70332
preceding the date of listing, and on or after the first day of	70333
November converted into bonds or other securities not taxed to the	70334
extent such nontaxable bonds or securities may be shown in the	70335
dealer's resources on such date, without deduction for	70336
indebtedness created in the purchase of such nontaxable bonds or	70337
securities.	70338

If a dealer in intangibles maintains separate business	70339
offices, whether within this state only or within and without this	70340
state, the report shall also show the gross receipts from business	70341
done at each such office during the year ending on the	70342
thirty-first day of December next preceding.	70343

For the purposes of this section and section 5725.15 of the	70344
Revised Code, business is considered done at an office when it	70345
originates at such office, but the receipts from business	70346
originating at one office and consummated at another office shall	70347
be divided equitably between such offices.	70348

(C) For the purposes of this section and section 5725.15 of	70349
the Revised Code, in the case of a dealer in intangibles	70350
principally engaged in the business of selling or buying stocks,	70351
bonds, or other similar securities either on the dealer's own	70352
account or as agent for another, the dealer's capital, surplus,	70353
and undivided profits employed in this state shall bear the same	70354
ratio to the dealer's total capital, surplus, and undivided	70355
profits employed everywhere as the amount described in division	70356
(C)(1) of this section bears to the amount described in division	70357
(C)(2) of this section:	70358

(1) The sum of the commissions earned during the year covered	70359
by the ~~report~~return from transactions with respect to brokerage	70360
accounts owned by customers having billing addresses in this	70361
state;	70362

(2) The sum of the commissions earned during that year from	70363
transactions with respect to brokerage accounts owned by all of	70364
the dealer's customers.	70365

(D) An incorporated dealer in intangibles which owns or	70366
controls fifty-one per cent or more of the common stock of another	70367
incorporated dealer in intangibles may, under uniform regulations	70368
prescribed by the tax commissioner, make a consolidated return for	70369
the purpose of sections 5725.01 to 5725.26~~, inclusive,~~ of the	70370
Revised Code. In such case the parent corporation making such	70371
return is not required to include in its resources any of the	70372
stocks, securities, or other obligations of its subsidiary	70373
dealers, nor permitted to include in its liabilities any of its	70374
own securities or other obligations belonging to its subsidiaries.	70375

Sec. 5725.15. ~~Upon receiving the~~The report required by	70376
section 5725.14 of the Revised Code~~, the tax commissioner~~ shall	70377
~~ascertain and assess~~include as taxable property all the shares of	70378
~~such dealers~~the dealer in intangibles, the capital stock of which	70379
is divided into shares, representing capital employed in this	70380
state, and the value of the property representing the capital, not	70381
divided into shares, employed in this state by such dealer in	70382
intangibles, according to the aggregate fair value of the capital,	70383
surplus, and undivided profits as shown in such report, including	70384
in the case of an unincorporated dealer, the value of property	70385
converted into nontaxable bonds or securities within the preceding	70386
year, without deduction for indebtedness created in the purchase	70387
of such nontaxable bonds or securities.	70388

The filing by a dealer of the report required by section	70389
5725.14 of the Revised Code shall be the preliminary assessment of	70390
the shares and property listed therein.	70391

If a dealer has separate offices, whether within this state	70392
only or within and without this state, the ~~commissioner~~dealer	70393
shall ~~find~~list the amount of capital employed in each office in	70394
this state, which shall bear the same ratio to the entire capital	70395
of such dealer, wherever employed, as the gross receipts of such	70396
office bears to the entire gross receipts of such dealer, wherever	70397
arising.	70398

The aggregate book value of the capital, surplus, and	70399
undivided profits of a dealer in intangibles as shown in such	70400
report shall be taken as the fair value thereof for the purpose of	70401
the assessment required by this section, unless the commissioner	70402
finds that such book value is greater or less than the then fair	70403
value of said capital, surplus, and undivided profits. Claim for	70404
any deduction from book value of capital, surplus, and undivided	70405
profits must be made in writing by the dealer in intangibles at	70406
the time of making ~~his~~the dealer's return.	70407

Whenever the commissioner assesses the fair value of the	70408
capital, surplus, and undivided profits of a dealer in intangibles	70409
at an amount in excess of the ~~book~~ value thereof as ~~shown by its~~	70410
~~report, or disallows any claim for deduction from book value of~~	70411
~~such capital, surplus, and undivided profits~~listed in the	70412
dealer's report, or assesses the shares or property of a dealer	70413
that fails to file a return, hethe commissioner shall give notice	70414
and proceed as provided in section 5711.31 of the Revised Code.	70415

Sec. 5725.16. On or before the first Monday of May, annually	70416
, the tax commissioner shall certify to the treasurer of state the	70417
assessment of the shares or property representing capital, or	70418
apportionment of either, of each dealer in intangibles doing	70419
business in the state, showing separately the amount representing	70420
capital employed in each county.	70421

The treasurer of state shall place the amounts certified on	70422
the intangible property tax list in ~~his~~the treasurer of state's	70423
office in the names of the dealers represented by those	70424
certificates.	70425

~~Any certificate of abatement issued pursuant to section~~	70426
~~5703.05 of the Revised Code for the overpayment of the tax on~~	70427
~~shares or property representing capital of a~~The commissioner	70428
shall collect, on behalf of the treasurer, the taxes due on the	70429
assessments certified pursuant to this section, together with any	70430
applicable penalties or interest, in the manner prescribed by	70431
section 5725.22 of the Revised Code. The commissioner shall	70432
immediately forward to the treasurer any payments received under	70433
this section or section 5719.13 of the Revised Code. The treasurer	70434
shall credit all such payments against the appropriate amounts on	70435
the intangible property tax list in the treasurer's office.	70436

A dealer in intangibles may ~~be tendered by the payee or~~	70437
~~transferee thereof to the treasurer of state as payment for any~~	70438
~~taxes allocable to the county in which the~~ claim ~~for~~a refund of	70439
any overpayment ~~arose~~of the tax levied under division (D) of	70440
section 5707.03 of the Revised Code by filing an application for	70441
final assessment in accordance with section 5711.26 of the Revised	70442
Code.	70443

Sec. 5725.17. (A) In addition to any other penalty imposed	70444
by this chapter or Chapter 5703. of the Revised Code, the	70445
following penalties shall apply:	70446

(1) If a dealer in intangibles fails to make and furnish to	70447
the tax commissioner the report required by section 5725.14 of the	70448
Revised Code, within the time fixed by that section, a penalty	70449
shall be imposed equal to the greater of fifty dollars per month	70450
or fraction of a month, not to exceed five hundred dollars, or	70451
five per cent per month or fraction of a month, not to exceed	70452
fifty per cent, of the tax required to be shown on the report, for	70453
each month or fraction of a month elapsing between the due date,	70454
including extensions of the due date, and the date on which the	70455
report is filed.	70456

(2) If a dealer in intangibles fails to pay any amounts of	70457
the tax levied by division (D) of section 5707.03 of the Revised	70458
Code by the dates prescribed for payment, a penalty shall be	70459
imposed equal to the greater of the penalty due under division	70460
~~(C)~~(F) of section 5725.22 of the Revised Code, for which this	70461
penalty shall be a substitute, or two times the interest charged	70462
under section 5725.221 of the Revised Code for the delinquent	70463
payment.	70464

(3) If a dealer in intangibles submits a report required by	70465
section 5725.14 of the Revised Code that is marked, defaced, or	70466
otherwise designed by the dealer to be a frivolous protest or an	70467
attempt to delay or impede the administration of the tax levied by	70468
division (D) of section 5707.03 of the Revised Code, a penalty	70469
shall be imposed equal to the greater of one hundred dollars or	70470
twenty-five per cent of the tax required to be shown on the	70471
report.	70472

(4) If a dealer in intangibles makes a fraudulent attempt to	70473
evade the reporting or payment of the tax levied by division (D)	70474
of section 5707.03 of the Revised Code, a penalty shall be imposed	70475
equal to the greater of one thousand dollars or one hundred per	70476
cent of the tax required to be shown on the report required by	70477
section 5725.14 of the Revised Code.	70478

(5) If any person makes a false or fraudulent claim for	70479
abatement or refund of the tax levied by division (D) of section	70480
5707.03 of the Revised Code, a penalty shall be imposed equal to	70481
the greater of one thousand dollars or one hundred per cent of the	70482
claim. The penalty imposed by this division, any abatement or	70483
refund on the claim, and interest on any refund from the date of	70484
the refund, may be assessed under section 5725.15 of the Revised	70485
Code or added by the ~~treasurer of state~~tax commissioner as tax,	70486
penalty, and interest due from the tax levied by division (D) of	70487
section 5707.03 of the Revised Code, without regard to whether the	70488
person making the claim is otherwise subject to the tax, and	70489
without regard to any time limitation for assessment.	70490

(B) Each penalty imposed under division (A) of this section	70491
shall be in addition to any other penalty imposed under that	70492
division. All or part of any penalty imposed under division (A) of	70493
this section may be abated by the commissioner ~~or the treasurer of~~	70494
~~state, as appropriate~~.	70495

Sec. 5725.22. (A) The treasurer of state shall maintain an	70496
intangible property tax list of taxes levied by section 5707.03 of	70497
the Revised Code and certified by the tax commissioner pursuant to	70498
sections 5711.13, 5725.08, 5725.16, and 5727.15 of the Revised	70499
Code, and a separate list of taxes levied by section 5725.18 of	70500
the Revised Code and certified by the superintendent of insurance	70501
pursuant to section 5725.20 of the Revised Code. ~~Upon receipt of~~	70502
~~any assessment certified to him~~	70503

(B)(1) With respect to taxes levied under section 5725.18 of	70504
the Revised Code, the treasurer of state, upon receipt of an	70505
assessment, shall compute the taxes at the rates prescribed by law	70506
and enter the taxes on the proper tax list. HeThe treasurer shall	70507
collect, and the taxpayer shall pay, all such taxes and any	70508
interest applicable thereto. Payments may be made by mail, in	70509
person, or by any other means authorized by the treasurer of	70510
~~state~~. The treasurer ~~of state~~ shall render a daily itemized	70511
statement to the ~~tax commissioner~~superintendent of insurance of	70512
the amount of taxes collected and the name of the domestic	70513
insurance company ~~or assessment certificate number of the person~~	70514
from whom collected. The treasurer of state may adopt rules	70515
concerning the methods and timeliness of ~~payment~~payments under	70516
this division.	70517

(2) With respect to taxes levied under section 5707.03 of the	70518
Revised Code, any assessment certified to the treasurer of state	70519
shall reflect the taxes computed at the rates prescribed by law.	70520
Upon receipt of such an assessment, the treasurer shall enter the	70521
taxes on the proper tax list. The tax commissioner shall collect,	70522
and the taxpayer shall pay, all such taxes and any interest	70523
applicable thereto. Payments may be made by mail, in person, or by	70524
any other means authorized by the commissioner. The commissioner	70525
shall immediately forward to the treasurer any payments received	70526
under this division, together with any information necessary for	70527
the treasurer to properly credit such payments. The commissioner	70528
may adopt rules concerning the method and timeliness of payments	70529
under this division.	70530

(C) Each tax bill issued pursuant to this section shall	70531
separately reflect the taxes due, interest, if any, due date, and	70532
any other information considered necessary. The last day on which	70533
payment may be made without penalty shall be at least twenty but	70534
not more than thirty days from the date of mailing the tax bill.	70535
The treasurer of state or tax commissioner, as appropriate, shall	70536
mail the tax bill, and the mailing thereof shall be prima-facie	70537
evidence of receipt thereof by the taxpayer.	70538

The treasurer ~~of state~~or commissioner, as appropriate, shall	70539
refund taxes as provided in this section, but no refund shall be	70540
made to a taxpayer having a delinquent claim certified pursuant to	70541
this section that remains unpaid. The treasurer ~~of state~~or	70542
commissioner may consult the attorney general regarding such	70543
claims. Refunds shall be paid from the tax refund fund created by	70544
section 5703.052 of the Revised Code.	70545

~~(A)~~(D)(1) Within twenty days after receipt of any preliminary	70546
assessment ~~certified to him~~of taxes levied under section 5725.18	70547
of the Revised Code, the treasurer of state shall issue a tax	70548
bill, but if such preliminary assessment reflects a late filed tax	70549
return, the treasurer of state shall add interest as provided in	70550
division (A) of section 5725.221 of the Revised Code and issue a	70551
tax bill.	70552

~~(B)~~(2) Within twenty days after receipt of any amended or	70553
final assessment ~~certified to him~~of taxes levied under section	70554
5725.18 of the Revised Code, the treasurer of state shall	70555
ascertain the difference between the total taxes computed on such	70556
assessment and the total taxes computed on the most recent	70557
assessment certified for the same tax year. If the difference is a	70558
deficiency, the treasurer of state shall add interest as provided	70559
in division (B)(1) of section 5725.221 of the Revised Code and	70560
issue a tax bill. If the difference is an excess, the treasurer of	70561
state shall add interest as provided in division (B)(2) of section	70562
5725.221 of the Revised Code and certify the name of the taxpayer	70563
and the amount to be refunded to the director of budget and	70564
management for payment to the taxpayer. If the taxpayer has a	70565
deficiency for one tax year and an excess for another tax year, or	70566
any combination thereof for more than two tax years, the treasurer	70567
of state may determine the net result after adding interest, if	70568
applicable, and, depending on such result, proceed to mail a tax	70569
bill or certify a refund.	70570

~~(C)~~(E)(1) Except as provided in division (E)(2) of this	70571
section, within twenty days after certifying to the treasurer of	70572
state an amended or final assessment, or a preliminary assessment	70573
of a dealer in intangibles that has failed to file a report or	70574
disclose taxable property, the tax commissioner shall ascertain	70575
the difference between the total taxes computed on such assessment	70576
and the total taxes computed on the most recent assessment	70577
certified for the same tax year, if any. If the difference is a	70578
deficiency, the commissioner shall add interest as provided in	70579
division (B)(1) of section 5725.221 of the Revised Code and issue	70580
a tax bill. If the difference is an excess, the commissioner shall	70581
add interest as provided in division (B)(2) of section 5725.221 of	70582
the Revised Code and certify the name of the taxpayer and the	70583
amount to be refunded to the director of budget and management for	70584
payment to the taxpayer. If the taxpayer has a deficiency for one	70585
tax year and excess for another tax year, or any combination	70586
thereof for more than two tax years, the commissioner may	70587
determine the net result after adding interest, if applicable,	70588
and, depending on such result, proceed to mail a tax bill or	70589
certify a refund.	70590

(2) The tax commissioner may issue a tax bill for any	70591
deficiency resulting from an assessment at the time the	70592
commissioner issues the assessment.	70593

(F) If a taxpayer fails to pay all taxes and interest, if	70594
any, on or before the due date shown on the tax bill but makes	70595
payment within ten calendar days of such date, the treasurer of	70596
state or tax commissioner, as appropriate, shall add a penalty	70597
equal to five per cent of the taxes due. If payment is not made	70598
within ten days of such date, the treasurer ~~of state~~or	70599
commissioner shall add a penalty equal to ten per cent of the	70600
taxes due. The treasurer ~~of state~~or commissioner shall prepare a	70601
delinquent claim for each tax bill on which penalties were added	70602
and certify such claims to the attorney general for collection.	70603
The attorney general shall transmit a copy of each claim certified	70604
by the treasurer to the ~~tax commissioner or the~~ superintendent of	70605
insurance ~~and~~. For each claim certified by the treasurer or	70606
commissioner, the attorney general shall proceed to collect the	70607
delinquent taxes, penalties, and interest thereon in the manner	70608
prescribed by law.	70609

Sec. 5725.221. For the purposes of this section, interest	70610
shall be computed at a rate per calendar month, rounded to the	70611
nearest one-hundredth of one per cent, equal to one-twelfth of the	70612
rate per annum prescribed by section 5703.47 of the Revised Code	70613
for the calendar year that includes the month for which the	70614
interest accrues.	70615

(A) When taxes levied by section 3737.71, 5707.03, or 5725.18	70616
of the Revised Code are assessed as the result of a tax return	70617
being filed late, the treasurer of state or tax commissioner, as	70618
appropriate, shall add interest to the taxes due. The interest	70619
shall accrue from the first day of the month following the last	70620
day on which such taxes were required to be paid, had the	70621
assessment been certified by the date prescribed, to the last day	70622
of the month preceding the date on which the assessment was	70623
certified, and shall be computed on the taxes due.	70624

(B) If an assessment has been certified pursuant to section	70625
5711.13, 5725.08, 5725.16, 5725.20, or 5725.222 of the Revised	70626
Code and an amended or final assessment is certified for the same	70627
taxpayer and the same tax year, the treasurer of state or tax	70628
commissioner, as appropriate, shall add interest to the deficiency	70629
or excess. The interest shall be computed on the excess or	70630
deficiency, and shall be accrued in the following manner:	70631

(1) On a deficiency, interest shall accrue from the first day	70632
of the month following the last day on which the previous	70633
assessment was required to be paid, to the last day of the month	70634
preceding the date on which the amended or final assessment is	70635
certified;	70636

(2) On an excess, interest shall be allowed from the first	70637
day of the month following the date of payment of the previous	70638
assessment, to the last day of the month preceding the date on	70639
which the amended or final assessment is certified.	70640

Sec. 5731.39. (A) No corporation organized or existing under	70641
the laws of this state shall transfer on its books or issue a new	70642
certificate for any share of its capital stock registered in the	70643
name of a decedent, or in trust for a decedent, or in the name of	70644
a decedent and another person or persons, without the written	70645
consent of the tax commissioner.	70646

(B) No safe deposit company, trust company, financial	70647
institution as defined in division (A) of section 5725.01 of the	70648
Revised Code or other corporation or person, having in possession,	70649
control, or custody a deposit standing in the name of a decedent,	70650
or in trust for a decedent, or in the name of a decedent and	70651
another person or persons, shall deliver or transfer an amount in	70652
excess of three-fourths of the total value of such deposit,	70653
including accrued interest and dividends, as of the date of	70654
decedent's death, without the written consent of the tax	70655
commissioner. The written consent of the tax commissioner need not	70656
be obtained prior to the delivery or transfer of amounts having a	70657
value of three-fourths or less of said total value.	70658

(C) No life insurance company shall pay the proceeds of an	70659
annuity or matured endowment contract, or of a life insurance	70660
contract payable to the estate of a decedent, or of any other	70661
insurance contract taxable under Chapter 5731. of the Revised	70662
Code, without the written consent of the tax commissioner. Any	70663
life insurance company may pay the proceeds of any insurance	70664
contract not specified in this division (C) without the written	70665
consent of the tax commissioner.	70666

(D) No trust company or other corporation or person shall pay	70667
the proceeds of any death benefit, retirement, pension or profit	70668
sharing plan in excess of two thousand dollars, without the	70669
written consent of the tax commissioner. Such trust company or	70670
other corporation or person, however, may pay the proceeds of any	70671
death benefit, retirement, pension, or profit-sharing plan which	70672
consists of insurance on the life of the decedent payable to a	70673
beneficiary other than the estate of the insured without the	70674
written consent of the tax commissioner.	70675

(E) No safe deposit company, trust company, financial	70676
institution as defined in division (A) of section 5725.01 of the	70677
Revised Code, or other corporation or person, having in	70678
possession, control, or custody securities, assets, or other	70679
property (including the shares of the capital stock of, or other	70680
interest in, such safe deposit company, trust company, financial	70681
institution as defined in division (A) of section 5725.01 of the	70682
Revised Code, or other corporation), standing in the name of a	70683
decedent, or in trust for a decedent, or in the name of a decedent	70684
and another person or persons, and the transfer of which is	70685
taxable under Chapter 5731. of the Revised Code, shall deliver or	70686
transfer any such securities, assets, or other property which have	70687
a value as of the date of decedent's death in excess of	70688
three-fourths of the total value thereof, without the written	70689
consent of the tax commissioner. The written consent of the tax	70690
commissioner need not be obtained prior to the delivery or	70691
transfer of any such securities, assets, or other property having	70692
a value of three-fourths or less of said total value.	70693

(F) No safe deposit company, financial institution as defined	70694
in division (A) of section 5725.01 of the Revised Code, or other	70695
corporation or person having possession or control of a safe	70696
deposit box or similar receptacle standing in the name of a	70697
decedent or in the name of the decedent and another person or	70698
persons, or to which the decedent had a right of access, except	70699
when such safe deposit box or other receptacle stands in the name	70700
of a corporation or partnership, or in the name of the decedent as	70701
guardian or executor, shall deliver any of the contents thereof	70702
unless the safe deposit box or similar receptacle has been opened	70703
and inventoried in the presence of the tax commissioner or the	70704
commissioner's agent, and a written consent to transfer issued;	70705
provided, however, that a safe deposit company, financial	70706
institution, or other corporation or person having possession or	70707
control of a safe deposit box may deliver wills, deeds to burial	70708
lots, and insurance policies to a representative of the decedent,	70709
but that a representative of the safe deposit company, financial	70710
institution, or other corporation or person must supervise the	70711
opening of the box and make a written record of the wills, deeds,	70712
and policies removed. Such written record shall be included in the	70713
tax commissioner's inventory records.	70714

(G) Notwithstanding any provision of this section:

70715

(1) The tax commissioner may authorize any delivery or	70716
transfer or waive any of the foregoing requirements under such	70717
terms and conditions as the commissioner may prescribe;	70718

(2) ~~An adult care facility, as defined in section 5119.70 of~~	70719
~~the Revised Code, or a~~A home, as defined in section 3721.10 of	70720
the Revised Code, or a residential facility licensed under section	70721
5119.22 of the Revised Code that provides accommodations,	70722
supervision, and personal care services for three to sixteen	70723
unrelated adults, may transfer or use the money in a personal	70724
needs allowance account in accordance with section 5111.113 of the	70725
Revised Code without the written consent of the tax commissioner,	70726
and without the account having been opened and inventoried in the	70727
presence of the commissioner or the commissioner's agent.	70728

Failure to comply with this section shall render such safe	70729
deposit company, trust company, life insurance company, financial	70730
institution as defined in division (A) of section 5725.01 of the	70731
Revised Code, or other corporation or person liable for the amount	70732
of the taxes and interest due under the provisions of Chapter	70733
5731. of the Revised Code on the transfer of such stock, deposit,	70734
proceeds of an annuity or matured endowment contract or of a life	70735
insurance contract payable to the estate of a decedent, or other	70736
insurance contract taxable under Chapter 5731. of the Revised	70737
Code, proceeds of any death benefit, retirement, pension, or	70738
profit sharing plan in excess of two thousand dollars, or	70739
securities, assets, or other property of any resident decedent,	70740
and in addition thereto, to a penalty of not less than five	70741
hundred or more than five thousand dollars.	70742

Sec. 5733.064. There is hereby allowed a credit against the	70743
tax imposed under sections 5733.06, 5733.065, and 5733.066 of the	70744
Revised Code. The credit shall equal the lesser of fifty per cent	70745
of any cash donations made during the taxable year by the taxpayer	70746
to an Ohio corporation organized prior to January 1, 1987, whose	70747
sole purpose is to promote and encourage recycling and that has	70748
been determined by the internal revenue service to be a nonprofit	70749
corporation regardless of whether the nonprofit corporation	70750
received a grant under section ~~1502.05~~3736.05 of the Revised	70751
Code, or to municipal corporations, counties, townships, park	70752
districts, and boards of education that received grants pursuant	70753
to that section, or one-half of the amount of the taxpayer's	70754
additional tax liability for the tax year resulting from the	70755
additional rates imposed by sections 5733.065 and 5733.066 of the	70756
Revised Code to provide funding for ~~the division of~~ recycling and	70757
litter prevention under Chapter ~~1502.~~3736. of the Revised Code.	70758
The taxpayer shall claim the nonrefundable credit in the order	70759
required under section 5733.98 of the Revised Code.	70760

The tax commissioner may require the taxpayer to furnish such	70761
information as is necessary to support a claim for a credit under	70762
this section, and no credit shall be allowed unless the	70763
information is provided.	70764

Sec. 5739.01. As used in this chapter:

70765

(A) "Person" includes individuals, receivers, assignees,	70766
trustees in bankruptcy, estates, firms, partnerships,	70767
associations, joint-stock companies, joint ventures, clubs,	70768
societies, corporations, the state and its political subdivisions,	70769
and combinations of individuals of any form.	70770

(B) "Sale" and "selling" include all of the following	70771
transactions for a consideration in any manner, whether absolutely	70772
or conditionally, whether for a price or rental, in money or by	70773
exchange, and by any means whatsoever:	70774

(1) All transactions by which title or possession, or both,	70775
of tangible personal property, is or is to be transferred, or a	70776
license to use or consume tangible personal property is or is to	70777
be granted;	70778

(2) All transactions by which lodging by a hotel is or is to	70779
be furnished to transient guests;	70780

(3) All transactions by which:

70781

(a) An item of tangible personal property is or is to be	70782
repaired, except property, the purchase of which would not be	70783
subject to the tax imposed by section 5739.02 of the Revised Code;	70784

(b) An item of tangible personal property is or is to be	70785
installed, except property, the purchase of which would not be	70786
subject to the tax imposed by section 5739.02 of the Revised Code	70787
or property that is or is to be incorporated into and will become	70788
a part of a production, transmission, transportation, or	70789
distribution system for the delivery of a public utility service;	70790

(c) The service of washing, cleaning, waxing, polishing, or	70791
painting a motor vehicle is or is to be furnished;	70792

(d) Until August 1, 2003, industrial laundry cleaning	70793
services are or are to be provided and, on and after August 1,	70794
2003, laundry and dry cleaning services are or are to be provided;	70795

(e) Automatic data processing, computer services, or	70796
electronic information services are or are to be provided for use	70797
in business when the true object of the transaction is the receipt	70798
by the consumer of automatic data processing, computer services,	70799
or electronic information services rather than the receipt of	70800
personal or professional services to which automatic data	70801
processing, computer services, or electronic information services	70802
are incidental or supplemental. Notwithstanding any other	70803
provision of this chapter, such transactions that occur between	70804
members of an affiliated group are not sales. An "affiliated	70805
group" means two or more persons related in such a way that one	70806
person owns or controls the business operation of another member	70807
of the group. In the case of corporations with stock, one	70808
corporation owns or controls another if it owns more than fifty	70809
per cent of the other corporation's common stock with voting	70810
rights.	70811

(f) Telecommunications service, including prepaid calling	70812
service, prepaid wireless calling service, or ancillary service,	70813
is or is to be provided, but not including coin-operated telephone	70814
service;	70815

(g) Landscaping and lawn care service is or is to be	70816
provided;	70817

(h) Private investigation and security service is or is to be	70818
provided;	70819

(i) Information services or tangible personal property is	70820
provided or ordered by means of a nine hundred telephone call;	70821

(j) Building maintenance and janitorial service is or is to	70822
be provided;	70823

(k) Employment service is or is to be provided;

70824

(l) Employment placement service is or is to be provided;

70825

(m) Exterminating service is or is to be provided;

70826

(n) Physical fitness facility service is or is to be	70827
provided;	70828

(o) Recreation and sports club service is or is to be	70829
provided;	70830

(p) On and after August 1, 2003, satellite broadcasting	70831
service is or is to be provided;	70832

(q) On and after August 1, 2003, personal care service is or	70833
is to be provided to an individual. As used in this division,	70834
"personal care service" includes skin care, the application of	70835
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	70836
piercing, tanning, massage, and other similar services. "Personal	70837
care service" does not include a service provided by or on the	70838
order of a licensed physician or licensed chiropractor, or the	70839
cutting, coloring, or styling of an individual's hair.	70840

(r) On and after August 1, 2003, the transportation of	70841
persons by motor vehicle or aircraft is or is to be provided, when	70842
the transportation is entirely within this state, except for	70843
transportation provided by an ambulance service, by a transit bus,	70844
as defined in section 5735.01 of the Revised Code, and	70845
transportation provided by a citizen of the United States holding	70846
a certificate of public convenience and necessity issued under 49	70847
U.S.C. 41102;	70848

(s) On and after August 1, 2003, motor vehicle towing service	70849
is or is to be provided. As used in this division, "motor vehicle	70850
towing service" means the towing or conveyance of a wrecked,	70851
disabled, or illegally parked motor vehicle.	70852

(t) On and after August 1, 2003, snow removal service is or	70853
is to be provided. As used in this division, "snow removal	70854
service" means the removal of snow by any mechanized means, but	70855
does not include the providing of such service by a person that	70856
has less than five thousand dollars in sales of such service	70857
during the calendar year.	70858

(u) Electronic publishing service is or is to be provided to	70859
a consumer for use in business, except that such transactions	70860
occurring between members of an affiliated group, as defined in	70861
division (B)(3)(e) of this section, are not sales.	70862

(4) All transactions by which printed, imprinted,	70863
overprinted, lithographic, multilithic, blueprinted, photostatic,	70864
or other productions or reproductions of written or graphic matter	70865
are or are to be furnished or transferred;	70866

(5) The production or fabrication of tangible personal	70867
property for a consideration for consumers who furnish either	70868
directly or indirectly the materials used in the production of	70869
fabrication work; and include the furnishing, preparing, or	70870
serving for a consideration of any tangible personal property	70871
consumed on the premises of the person furnishing, preparing, or	70872
serving such tangible personal property. Except as provided in	70873
section 5739.03 of the Revised Code, a construction contract	70874
pursuant to which tangible personal property is or is to be	70875
incorporated into a structure or improvement on and becoming a	70876
part of real property is not a sale of such tangible personal	70877
property. The construction contractor is the consumer of such	70878
tangible personal property, provided that the sale and	70879
installation of carpeting, the sale and installation of	70880
agricultural land tile, the sale and erection or installation of	70881
portable grain bins, or the provision of landscaping and lawn care	70882
service and the transfer of property as part of such service is	70883
never a construction contract.	70884

As used in division (B)(5) of this section:

70885

(a) "Agricultural land tile" means fired clay or concrete	70886
tile, or flexible or rigid perforated plastic pipe or tubing,	70887
incorporated or to be incorporated into a subsurface drainage	70888
system appurtenant to land used or to be used primarily in	70889
production by farming, agriculture, horticulture, or floriculture.	70890
The term does not include such materials when they are or are to	70891
be incorporated into a drainage system appurtenant to a building	70892
or structure even if the building or structure is used or to be	70893
used in such production.	70894

(b) "Portable grain bin" means a structure that is used or to	70895
be used by a person engaged in farming or agriculture to shelter	70896
the person's grain and that is designed to be disassembled without	70897
significant damage to its component parts.	70898

(6) All transactions in which all of the shares of stock of a	70899
closely held corporation are transferred, if the corporation is	70900
not engaging in business and its entire assets consist of boats,	70901
planes, motor vehicles, or other tangible personal property	70902
operated primarily for the use and enjoyment of the shareholders;	70903

(7) All transactions in which a warranty, maintenance or	70904
service contract, or similar agreement by which the vendor of the	70905
warranty, contract, or agreement agrees to repair or maintain the	70906
tangible personal property of the consumer is or is to be	70907
provided;	70908

(8) The transfer of copyrighted motion picture films used	70909
solely for advertising purposes, except that the transfer of such	70910
films for exhibition purposes is not a sale;	70911

(9) On and after August 1, 2003, all transactions by which	70912
tangible personal property is or is to be stored, except such	70913
property that the consumer of the storage holds for sale in the	70914
regular course of business;	70915

(10) All transactions in which "guaranteed auto protection"	70916
is provided whereby a person promises to pay to the consumer the	70917
difference between the amount the consumer receives from motor	70918
vehicle insurance and the amount the consumer owes to a person	70919
holding title to or a lien on the consumer's motor vehicle in the	70920
event the consumer's motor vehicle suffers a total loss under the	70921
terms of the motor vehicle insurance policy or is stolen and not	70922
recovered, if the protection and its price are included in the	70923
purchase or lease agreement;	70924

(11)(a) Except as provided in division (B)(11)(b) of this	70925
section, on and after October 1, 2009, all transactions by which	70926
health care services are paid for, reimbursed, provided,	70927
delivered, arranged for, or otherwise made available by a medicaid	70928
health insuring corporation pursuant to the corporation's contract	70929
with the state.	70930

(b) If the centers for medicare and medicaid services of the	70931
United States department of health and human services determines	70932
that the taxation of transactions described in division (B)(11)(a)	70933
of this section constitutes an impermissible health care-related	70934
tax under section 1903(w) of the "Social Security Act," 49 Stat.	70935
620 (1935), 42 U.S.C. 1396b(w), as amended, and regulations	70936
adopted thereunder, the director of job and family services shall	70937
notify the tax commissioner of that determination. Beginning with	70938
the first day of the month following that notification, the	70939
transactions described in division (B)(11)(a) of this section are	70940
not sales for the purposes of this chapter or Chapter 5741. of the	70941
Revised Code. The tax commissioner shall order that the collection	70942
of taxes under sections 5739.02, 5739.021, 5739.023, 5739.026,	70943
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code	70944
shall cease for transactions occurring on or after that date.	70945

Except as provided in this section, "sale" and "selling" do	70946
not include transfers of interest in leased property where the	70947
original lessee and the terms of the original lease agreement	70948
remain unchanged, or professional, insurance, or personal service	70949
transactions that involve the transfer of tangible personal	70950
property as an inconsequential element, for which no separate	70951
charges are made.	70952

(C) "Vendor" means the person providing the service or by	70953
whom the transfer effected or license given by a sale is or is to	70954
be made or given and, for sales described in division (B)(3)(i) of	70955
this section, the telecommunications service vendor that provides	70956
the nine hundred telephone service; if two or more persons are	70957
engaged in business at the same place of business under a single	70958
trade name in which all collections on account of sales by each	70959
are made, such persons shall constitute a single vendor.	70960

Physicians, dentists, hospitals, and veterinarians who are	70961
engaged in selling tangible personal property as received from	70962
others, such as eyeglasses, mouthwashes, dentifrices, or similar	70963
articles, are vendors. Veterinarians who are engaged in	70964
transferring to others for a consideration drugs, the dispensing	70965
of which does not require an order of a licensed veterinarian or	70966
physician under federal law, are vendors.	70967

(D)(1) "Consumer" means the person for whom the service is	70968
provided, to whom the transfer effected or license given by a sale	70969
is or is to be made or given, to whom the service described in	70970
division (B)(3)(f) or (i) of this section is charged, or to whom	70971
the admission is granted.	70972

(2) Physicians, dentists, hospitals, and blood banks operated	70973
by nonprofit institutions and persons licensed to practice	70974
veterinary medicine, surgery, and dentistry are consumers of all	70975
tangible personal property and services purchased by them in	70976
connection with the practice of medicine, dentistry, the rendition	70977
of hospital or blood bank service, or the practice of veterinary	70978
medicine, surgery, and dentistry. In addition to being consumers	70979
of drugs administered by them or by their assistants according to	70980
their direction, veterinarians also are consumers of drugs that	70981
under federal law may be dispensed only by or upon the order of a	70982
licensed veterinarian or physician, when transferred by them to	70983
others for a consideration to provide treatment to animals as	70984
directed by the veterinarian.	70985

(3) A person who performs a facility management, or similar	70986
service contract for a contractee is a consumer of all tangible	70987
personal property and services purchased for use in connection	70988
with the performance of such contract, regardless of whether title	70989
to any such property vests in the contractee. The purchase of such	70990
property and services is not subject to the exception for resale	70991
under division (E)(1) of this section.	70992

(4)(a) In the case of a person who purchases printed matter	70993
for the purpose of distributing it or having it distributed to the	70994
public or to a designated segment of the public, free of charge,	70995
that person is the consumer of that printed matter, and the	70996
purchase of that printed matter for that purpose is a sale.	70997

(b) In the case of a person who produces, rather than	70998
purchases, printed matter for the purpose of distributing it or	70999
having it distributed to the public or to a designated segment of	71000
the public, free of charge, that person is the consumer of all	71001
tangible personal property and services purchased for use or	71002
consumption in the production of that printed matter. That person	71003
is not entitled to claim exemption under division (B)(42)(f) of	71004
section 5739.02 of the Revised Code for any material incorporated	71005
into the printed matter or any equipment, supplies, or services	71006
primarily used to produce the printed matter.	71007

(c) The distribution of printed matter to the public or to a	71008
designated segment of the public, free of charge, is not a sale to	71009
the members of the public to whom the printed matter is	71010
distributed or to any persons who purchase space in the printed	71011
matter for advertising or other purposes.	71012

(5) A person who makes sales of any of the services listed in	71013
division (B)(3) of this section is the consumer of any tangible	71014
personal property used in performing the service. The purchase of	71015
that property is not subject to the resale exception under	71016
division (E)(1) of this section.	71017

(6) A person who engages in highway transportation for hire	71018
is the consumer of all packaging materials purchased by that	71019
person and used in performing the service, except for packaging	71020
materials sold by such person in a transaction separate from the	71021
service.	71022

(7) In the case of a transaction for health care services	71023
under division (B)(11) of this section, a medicaid health insuring	71024
corporation is the consumer of such services. The purchase of such	71025
services by a medicaid health insuring corporation is not subject	71026
to the exception for resale under division (E)(1) of this section	71027
or to the exemptions provided under divisions (B)(12), (18), (19),	71028
and (22) of section 5739.02 of the Revised Code.	71029

(E) "Retail sale" and "sales at retail" include all sales,	71030
except those in which the purpose of the consumer is to resell the	71031
thing transferred or benefit of the service provided, by a person	71032
engaging in business, in the form in which the same is, or is to	71033
be, received by the person.	71034

(F) "Business" includes any activity engaged in by any person	71035
with the object of gain, benefit, or advantage, either direct or	71036
indirect. "Business" does not include the activity of a person in	71037
managing and investing the person's own funds.	71038

(G) "Engaging in business" means commencing, conducting, or	71039
continuing in business, and liquidating a business when the	71040
liquidator thereof holds itself out to the public as conducting	71041
such business. Making a casual sale is not engaging in business.	71042

(H)(1)(a) "Price," except as provided in divisions (H)(2),	71043
(3), and (4) of this section, means the total amount of	71044
consideration, including cash, credit, property, and services, for	71045
which tangible personal property or services are sold, leased, or	71046
rented, valued in money, whether received in money or otherwise,	71047
without any deduction for any of the following:	71048

(i) The vendor's cost of the property sold;

71049

(ii) The cost of materials used, labor or service costs,	71050
interest, losses, all costs of transportation to the vendor, all	71051
taxes imposed on the vendor, including the tax imposed under	71052
Chapter 5751. of the Revised Code, and any other expense of the	71053
vendor;	71054

(iii) Charges by the vendor for any services necessary to	71055
complete the sale;	71056

(iv) On and after August 1, 2003, delivery charges. As used	71057
in this division, "delivery charges" means charges by the vendor	71058
for preparation and delivery to a location designated by the	71059
consumer of tangible personal property or a service, including	71060
transportation, shipping, postage, handling, crating, and packing.	71061

(v) Installation charges;

71062

(vi) Credit for any trade-in.

71063

(b) "Price" includes consideration received by the vendor	71064
from a third party, if the vendor actually receives the	71065
consideration from a party other than the consumer, and the	71066
consideration is directly related to a price reduction or discount	71067
on the sale; the vendor has an obligation to pass the price	71068
reduction or discount through to the consumer; the amount of the	71069
consideration attributable to the sale is fixed and determinable	71070
by the vendor at the time of the sale of the item to the consumer;	71071
and one of the following criteria is met:	71072

(i) The consumer presents a coupon, certificate, or other	71073
document to the vendor to claim a price reduction or discount	71074
where the coupon, certificate, or document is authorized,	71075
distributed, or granted by a third party with the understanding	71076
that the third party will reimburse any vendor to whom the coupon,	71077
certificate, or document is presented;	71078

(ii) The consumer identifies the consumer's self to the	71079
seller as a member of a group or organization entitled to a price	71080
reduction or discount. A preferred customer card that is available	71081
to any patron does not constitute membership in such a group or	71082
organization.	71083

(iii) The price reduction or discount is identified as a	71084
third party price reduction or discount on the invoice received by	71085
the consumer, or on a coupon, certificate, or other document	71086
presented by the consumer.	71087

71088

(i) Discounts, including cash, term, or coupons that are not	71089
reimbursed by a third party that are allowed by a vendor and taken	71090
by a consumer on a sale;	71091

(ii) Interest, financing, and carrying charges from credit	71092
extended on the sale of tangible personal property or services, if	71093
the amount is separately stated on the invoice, bill of sale, or	71094
similar document given to the purchaser;	71095

(iii) Any taxes legally imposed directly on the consumer that	71096
are separately stated on the invoice, bill of sale, or similar	71097
document given to the consumer. For the purpose of this division,	71098
the tax imposed under Chapter 5751. of the Revised Code is not a	71099
tax directly on the consumer, even if the tax or a portion thereof	71100
is separately stated.	71101

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	71102
section, any discount allowed by an automobile manufacturer to its	71103
employee, or to the employee of a supplier, on the purchase of a	71104
new motor vehicle from a new motor vehicle dealer in this state.	71105

(v) The dollar value of a gift card that is not sold by a	71106
vendor or purchased by a consumer and that is redeemed by the	71107
consumer in purchasing tangible personal property or services if	71108
the vendor is not reimbursed and does not receive compensation	71109
from a third party to cover all or part of the gift card value.	71110
For the purposes of this division, a gift card is not sold by a	71111
vendor or purchased by a consumer if it is distributed pursuant to	71112
an awards, loyalty, or promotional program. Past and present	71113
purchases of tangible personal property or services by the	71114
consumer shall not be treated as consideration exchanged for a	71115
gift card.	71116

(2) In the case of a sale of any new motor vehicle by a new	71117
motor vehicle dealer, as defined in section 4517.01 of the Revised	71118
Code, in which another motor vehicle is accepted by the dealer as	71119
part of the consideration received, "price" has the same meaning	71120
as in division (H)(1) of this section, reduced by the credit	71121
afforded the consumer by the dealer for the motor vehicle received	71122
in trade.	71123

(3) In the case of a sale of any watercraft or outboard motor	71124
by a watercraft dealer licensed in accordance with section	71125
1547.543 of the Revised Code, in which another watercraft,	71126
watercraft and trailer, or outboard motor is accepted by the	71127
dealer as part of the consideration received, "price" has the same	71128
meaning as in division (H)(1) of this section, reduced by the	71129
credit afforded the consumer by the dealer for the watercraft,	71130
watercraft and trailer, or outboard motor received in trade. As	71131
used in this division, "watercraft" includes an outdrive unit	71132
attached to the watercraft.	71133

(4) In the case of transactions for health care services	71134
under division (B)(11) of this section, "price" means the amount	71135
of managed care premiums received each month by a medicaid health	71136
insuring corporation.	71137

(I) "Receipts" means the total amount of the prices of the	71138
sales of vendors, provided that the dollar value of gift cards	71139
distributed pursuant to an awards, loyalty, or promotional	71140
program, and cash discounts allowed and taken on sales at the time	71141
they are consummated are not included, minus any amount deducted	71142
as a bad debt pursuant to section 5739.121 of the Revised Code.	71143
"Receipts" does not include the sale price of property returned or	71144
services rejected by consumers when the full sale price and tax	71145
are refunded either in cash or by credit.	71146

(J) "Place of business" means any location at which a person	71147
engages in business.	71148

(K) "Premises" includes any real property or portion thereof	71149
upon which any person engages in selling tangible personal	71150
property at retail or making retail sales and also includes any	71151
real property or portion thereof designated for, or devoted to,	71152
use in conjunction with the business engaged in by such person.	71153

(L) "Casual sale" means a sale of an item of tangible	71154
personal property that was obtained by the person making the sale,	71155
through purchase or otherwise, for the person's own use and was	71156
previously subject to any state's taxing jurisdiction on its sale	71157
or use, and includes such items acquired for the seller's use that	71158
are sold by an auctioneer employed directly by the person for such	71159
purpose, provided the location of such sales is not the	71160
auctioneer's permanent place of business. As used in this	71161
division, "permanent place of business" includes any location	71162
where such auctioneer has conducted more than two auctions during	71163
the year.	71164

(M) "Hotel" means every establishment kept, used, maintained,	71165
advertised, or held out to the public to be a place where sleeping	71166
accommodations are offered to guests, in which five or more rooms	71167
are used for the accommodation of such guests, whether the rooms	71168
are in one or several structures, except as otherwise provided in	71169
division (G) of section 5739.09 of the Revised Code.	71170

(N) "Transient guests" means persons occupying a room or	71171
rooms for sleeping accommodations for less than thirty consecutive	71172
days.	71173

(O) "Making retail sales" means the effecting of transactions	71174
wherein one party is obligated to pay the price and the other	71175
party is obligated to provide a service or to transfer title to or	71176
possession of the item sold. "Making retail sales" does not	71177
include the preliminary acts of promoting or soliciting the retail	71178
sales, other than the distribution of printed matter which	71179
displays or describes and prices the item offered for sale, nor	71180
does it include delivery of a predetermined quantity of tangible	71181
personal property or transportation of property or personnel to or	71182
from a place where a service is performed, regardless of whether	71183
the vendor is a delivery vendor.	71184

(P) "Used directly in the rendition of a public utility	71185
service" means that property that is to be incorporated into and	71186
will become a part of the consumer's production, transmission,	71187
transportation, or distribution system and that retains its	71188
classification as tangible personal property after such	71189
incorporation; fuel or power used in the production, transmission,	71190
transportation, or distribution system; and tangible personal	71191
property used in the repair and maintenance of the production,	71192
transmission, transportation, or distribution system, including	71193
only such motor vehicles as are specially designed and equipped	71194
for such use. Tangible personal property and services used	71195
primarily in providing highway transportation for hire are not	71196
used directly in the rendition of a public utility service. In	71197
this definition, "public utility" includes a citizen of the United	71198
States holding, and required to hold, a certificate of public	71199
convenience and necessity issued under 49 U.S.C. 41102.	71200

(Q) "Refining" means removing or separating a desirable	71201
product from raw or contaminated materials by distillation or	71202
physical, mechanical, or chemical processes.	71203

(R) "Assembly" and "assembling" mean attaching or fitting	71204
together parts to form a product, but do not include packaging a	71205
product.	71206

(S) "Manufacturing operation" means a process in which	71207
materials are changed, converted, or transformed into a different	71208
state or form from which they previously existed and includes	71209
refining materials, assembling parts, and preparing raw materials	71210
and parts by mixing, measuring, blending, or otherwise committing	71211
such materials or parts to the manufacturing process.	71212
"Manufacturing operation" does not include packaging.	71213

(T) "Fiscal officer" means, with respect to a regional	71214
transit authority, the secretary-treasurer thereof, and with	71215
respect to a county that is a transit authority, the fiscal	71216
officer of the county transit board if one is appointed pursuant	71217
to section 306.03 of the Revised Code or the county auditor if the	71218
board of county commissioners operates the county transit system.	71219

(U) "Transit authority" means a regional transit authority	71220
created pursuant to section 306.31 of the Revised Code or a county	71221
in which a county transit system is created pursuant to section	71222
306.01 of the Revised Code. For the purposes of this chapter, a	71223
transit authority must extend to at least the entire area of a	71224
single county. A transit authority that includes territory in more	71225
than one county must include all the area of the most populous	71226
county that is a part of such transit authority. County population	71227
shall be measured by the most recent census taken by the United	71228
States census bureau.	71229

(V) "Legislative authority" means, with respect to a regional	71230
transit authority, the board of trustees thereof, and with respect	71231
to a county that is a transit authority, the board of county	71232
commissioners.	71233

(W) "Territory of the transit authority" means all of the	71234
area included within the territorial boundaries of a transit	71235
authority as they from time to time exist. Such territorial	71236
boundaries must at all times include all the area of a single	71237
county or all the area of the most populous county that is a part	71238
of such transit authority. County population shall be measured by	71239
the most recent census taken by the United States census bureau.	71240

(X) "Providing a service" means providing or furnishing	71241
anything described in division (B)(3) of this section for	71242
consideration.	71243

(Y)(1)(a) "Automatic data processing" means processing of	71244
others' data, including keypunching or similar data entry services	71245
together with verification thereof, or providing access to	71246
computer equipment for the purpose of processing data.	71247

(b) "Computer services" means providing services consisting	71248
of specifying computer hardware configurations and evaluating	71249
technical processing characteristics, computer programming, and	71250
training of computer programmers and operators, provided in	71251
conjunction with and to support the sale, lease, or operation of	71252
taxable computer equipment or systems.	71253

(c) "Electronic information services" means providing access	71254
to computer equipment by means of telecommunications equipment for	71255
the purpose of either of the following:	71256

(i) Examining or acquiring data stored in or accessible to	71257
the computer equipment;	71258

(ii) Placing data into the computer equipment to be retrieved	71259
by designated recipients with access to the computer equipment.	71260

For transactions occurring on or after the effective date of	71261
the amendment of this section by H.B. 157 of the 127th general	71262
assembly, December 21, 2007, "electronic information services"	71263
does not include electronic publishing as defined in division	71264
(LLL) of this section.	71265

(d) "Automatic data processing, computer services, or	71266
electronic information services" shall not include personal or	71267
professional services.	71268

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	71269
section, "personal and professional services" means all services	71270
other than automatic data processing, computer services, or	71271
electronic information services, including but not limited to:	71272

(a) Accounting and legal services such as advice on tax	71273
matters, asset management, budgetary matters, quality control,	71274
information security, and auditing and any other situation where	71275
the service provider receives data or information and studies,	71276
alters, analyzes, interprets, or adjusts such material;	71277

(b) Analyzing business policies and procedures;

71278

71279

(d) Feasibility studies, including economic and technical	71280
analysis of existing or potential computer hardware or software	71281
needs and alternatives;	71282

(e) Designing policies, procedures, and custom software for	71283
collecting business information, and determining how data should	71284
be summarized, sequenced, formatted, processed, controlled, and	71285
reported so that it will be meaningful to management;	71286

(f) Developing policies and procedures that document how	71287
business events and transactions are to be authorized, executed,	71288
and controlled;	71289

(g) Testing of business procedures;

71290

(h) Training personnel in business procedure applications;

71291

(i) Providing credit information to users of such information	71292
by a consumer reporting agency, as defined in the "Fair Credit	71293
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	71294
as hereafter amended, including but not limited to gathering,	71295
organizing, analyzing, recording, and furnishing such information	71296
by any oral, written, graphic, or electronic medium;	71297

(j) Providing debt collection services by any oral, written,	71298
graphic, or electronic means.	71299

The services listed in divisions (Y)(2)(a) to (j) of this	71300
section are not automatic data processing or computer services.	71301

(Z) "Highway transportation for hire" means the	71302
transportation of personal property belonging to others for	71303
consideration by any of the following:	71304

(1) The holder of a permit or certificate issued by this	71305
state or the United States authorizing the holder to engage in	71306
transportation of personal property belonging to others for	71307
consideration over or on highways, roadways, streets, or any	71308
similar public thoroughfare;	71309

(2) A person who engages in the transportation of personal	71310
property belonging to others for consideration over or on	71311
highways, roadways, streets, or any similar public thoroughfare	71312
but who could not have engaged in such transportation on December	71313
11, 1985, unless the person was the holder of a permit or	71314
certificate of the types described in division (Z)(1) of this	71315
section;	71316

(3) A person who leases a motor vehicle to and operates it	71317
for a person described by division (Z)(1) or (2) of this section.	71318

(AA)(1) "Telecommunications service" means the electronic	71319
transmission, conveyance, or routing of voice, data, audio, video,	71320
or any other information or signals to a point, or between or	71321
among points. "Telecommunications service" includes such	71322
transmission, conveyance, or routing in which computer processing	71323
applications are used to act on the form, code, or protocol of the	71324
content for purposes of transmission, conveyance, or routing	71325
without regard to whether the service is referred to as voice-over	71326
internet protocol service or is classified by the federal	71327
communications commission as enhanced or value-added.	71328
"Telecommunications service" does not include any of the	71329
following:	71330

(a) Data processing and information services that allow data	71331
to be generated, acquired, stored, processed, or retrieved and	71332
delivered by an electronic transmission to a consumer where the	71333
consumer's primary purpose for the underlying transaction is the	71334
processed data or information;	71335

(b) Installation or maintenance of wiring or equipment on a	71336
customer's premises;	71337

71338

(d) Advertising, including directory advertising;

71339

(e) Billing and collection services provided to third	71340
parties;	71341

(f) Internet access service;

71342

(g) Radio and television audio and video programming	71343
services, regardless of the medium, including the furnishing of	71344
transmission, conveyance, and routing of such services by the	71345
programming service provider. Radio and television audio and video	71346
programming services include, but are not limited to, cable	71347
service, as defined in 47 U.S.C. 522(6), and audio and video	71348
programming services delivered by commercial mobile radio service	71349
providers, as defined in 47 C.F.R. 20.3;	71350

(h) Ancillary service;

71351

(i) Digital products delivered electronically, including	71352
software, music, video, reading materials, or ring tones.	71353

(2) "Ancillary service" means a service that is associated	71354
with or incidental to the provision of telecommunications service,	71355
including conference bridging service, detailed telecommunications	71356
billing service, directory assistance, vertical service, and voice	71357
mail service. As used in this division:	71358

(a) "Conference bridging service" means an ancillary service	71359
that links two or more participants of an audio or video	71360
conference call, including providing a telephone number.	71361
"Conference bridging service" does not include telecommunications	71362
services used to reach the conference bridge.	71363

(b) "Detailed telecommunications billing service" means an	71364
ancillary service of separately stating information pertaining to	71365
individual calls on a customer's billing statement.	71366

(c) "Directory assistance" means an ancillary service of	71367
providing telephone number or address information.	71368

(d) "Vertical service" means an ancillary service that is	71369
offered in connection with one or more telecommunications	71370
services, which offers advanced calling features that allow	71371
customers to identify callers and manage multiple calls and call	71372
connections, including conference bridging service.	71373

(e) "Voice mail service" means an ancillary service that	71374
enables the customer to store, send, or receive recorded messages.	71375
"Voice mail service" does not include any vertical services that	71376
the customer may be required to have in order to utilize the voice	71377
mail service.	71378

(3) "900 service" means an inbound toll telecommunications	71379
service purchased by a subscriber that allows the subscriber's	71380
customers to call in to the subscriber's prerecorded announcement	71381
or live service, and which is typically marketed under the name	71382
"900" service and any subsequent numbers designated by the federal	71383
communications commission. "900 service" does not include the	71384
charge for collection services provided by the seller of the	71385
telecommunications service to the subscriber, or services or	71386
products sold by the subscriber to the subscriber's customer.	71387

(4) "Prepaid calling service" means the right to access	71388
exclusively telecommunications services, which must be paid for in	71389
advance and which enables the origination of calls using an access	71390
number or authorization code, whether manually or electronically	71391
dialed, and that is sold in predetermined units ofor dollars of	71392
which the number declines with use in a known amount.	71393

(5) "Prepaid wireless calling service" means a	71394
telecommunications service that provides the right to utilize	71395
mobile telecommunications service as well as other	71396
non-telecommunications services, including the download of digital	71397
products delivered electronically, and content and ancillary	71398
services, that must be paid for in advance and that is sold in	71399
predetermined units ofor dollars of which the number declines	71400
with use in a known amount.	71401

(6) "Value-added non-voice data service" means a	71402
telecommunications service in which computer processing	71403
applications are used to act on the form, content, code, or	71404
protocol of the information or data primarily for a purpose other	71405
than transmission, conveyance, or routing.	71406

(7) "Coin-operated telephone service" means a	71407
telecommunications service paid for by inserting money into a	71408
telephone accepting direct deposits of money to operate.	71409

(8) "Customer" has the same meaning as in section 5739.034 of	71410
the Revised Code.	71411

(BB) "Laundry and dry cleaning services" means removing soil	71412
or dirt from towels, linens, articles of clothing, or other fabric	71413
items that belong to others and supplying towels, linens, articles	71414
of clothing, or other fabric items. "Laundry and dry cleaning	71415
services" does not include the provision of self-service	71416
facilities for use by consumers to remove soil or dirt from	71417
towels, linens, articles of clothing, or other fabric items.	71418

(CC) "Magazines distributed as controlled circulation	71419
publications" means magazines containing at least twenty-four	71420
pages, at least twenty-five per cent editorial content, issued at	71421
regular intervals four or more times a year, and circulated	71422
without charge to the recipient, provided that such magazines are	71423
not owned or controlled by individuals or business concerns which	71424
conduct such publications as an auxiliary to, and essentially for	71425
the advancement of the main business or calling of, those who own	71426
or control them.	71427

(DD) "Landscaping and lawn care service" means the services	71428
of planting, seeding, sodding, removing, cutting, trimming,	71429
pruning, mulching, aerating, applying chemicals, watering,	71430
fertilizing, and providing similar services to establish, promote,	71431
or control the growth of trees, shrubs, flowers, grass, ground	71432
cover, and other flora, or otherwise maintaining a lawn or	71433
landscape grown or maintained by the owner for ornamentation or	71434
other nonagricultural purpose. However, "landscaping and lawn care	71435
service" does not include the providing of such services by a	71436
person who has less than five thousand dollars in sales of such	71437
services during the calendar year.	71438

(EE) "Private investigation and security service" means the	71439
performance of any activity for which the provider of such service	71440
is required to be licensed pursuant to Chapter 4749. of the	71441
Revised Code, or would be required to be so licensed in performing	71442
such services in this state, and also includes the services of	71443
conducting polygraph examinations and of monitoring or overseeing	71444
the activities on or in, or the condition of, the consumer's home,	71445
business, or other facility by means of electronic or similar	71446
monitoring devices. "Private investigation and security service"	71447
does not include special duty services provided by off-duty police	71448
officers, deputy sheriffs, and other peace officers regularly	71449
employed by the state or a political subdivision.	71450

(FF) "Information services" means providing conversation,	71451
giving consultation or advice, playing or making a voice or other	71452
recording, making or keeping a record of the number of callers,	71453
and any other service provided to a consumer by means of a nine	71454
hundred telephone call, except when the nine hundred telephone	71455
call is the means by which the consumer makes a contribution to a	71456
recognized charity.	71457

(GG) "Research and development" means designing, creating, or	71458
formulating new or enhanced products, equipment, or manufacturing	71459
processes, and also means conducting scientific or technological	71460
inquiry and experimentation in the physical sciences with the goal	71461
of increasing scientific knowledge which may reveal the bases for	71462
new or enhanced products, equipment, or manufacturing processes.	71463

(HH) "Qualified research and development equipment" means	71464
capitalized tangible personal property, and leased personal	71465
property that would be capitalized if purchased, used by a person	71466
primarily to perform research and development. Tangible personal	71467
property primarily used in testing, as defined in division (A)(4)	71468
of section 5739.011 of the Revised Code, or used for recording or	71469
storing test results, is not qualified research and development	71470
equipment unless such property is primarily used by the consumer	71471
in testing the product, equipment, or manufacturing process being	71472
created, designed, or formulated by the consumer in the research	71473
and development activity or in recording or storing such test	71474
results.	71475

(II) "Building maintenance and janitorial service" means	71476
cleaning the interior or exterior of a building and any tangible	71477
personal property located therein or thereon, including any	71478
services incidental to such cleaning for which no separate charge	71479
is made. However, "building maintenance and janitorial service"	71480
does not include the providing of such service by a person who has	71481
less than five thousand dollars in sales of such service during	71482
the calendar year.	71483

(JJ) "Employment service" means providing or supplying	71484
personnel, on a temporary or long-term basis, to perform work or	71485
labor under the supervision or control of another, when the	71486
personnel so provided or supplied receive their wages, salary, or	71487
other compensation from the provider or supplier of the employment	71488
service or from a third party that provided or supplied the	71489
personnel to the provider or supplier. "Employment service" does	71490
not include:	71491

(1) Acting as a contractor or subcontractor, where the	71492
personnel performing the work are not under the direct control of	71493
the purchaser.	71494

(2) Medical and health care services.

71495

(3) Supplying personnel to a purchaser pursuant to a contract	71496
of at least one year between the service provider and the	71497
purchaser that specifies that each employee covered under the	71498
contract is assigned to the purchaser on a permanent basis.	71499

(4) Transactions between members of an affiliated group, as	71500
defined in division (B)(3)(e) of this section.	71501

(5) Transactions where the personnel so provided or supplied	71502
by a provider or supplier to a purchaser of an employment service	71503
are then provided or supplied by that purchaser to a third party	71504
as an employment service, except "employment service" does include	71505
the transaction between that purchaser and the third party.	71506

(KK) "Employment placement service" means locating or finding	71507
employment for a person or finding or locating an employee to fill	71508
an available position.	71509

(LL) "Exterminating service" means eradicating or attempting	71510
to eradicate vermin infestations from a building or structure, or	71511
the area surrounding a building or structure, and includes	71512
activities to inspect, detect, or prevent vermin infestation of a	71513
building or structure.	71514

(MM) "Physical fitness facility service" means all	71515
transactions by which a membership is granted, maintained, or	71516
renewed, including initiation fees, membership dues, renewal fees,	71517
monthly minimum fees, and other similar fees and dues, by a	71518
physical fitness facility such as an athletic club, health spa, or	71519
gymnasium, which entitles the member to use the facility for	71520
physical exercise.	71521

(NN) "Recreation and sports club service" means all	71522
transactions by which a membership is granted, maintained, or	71523
renewed, including initiation fees, membership dues, renewal fees,	71524
monthly minimum fees, and other similar fees and dues, by a	71525
recreation and sports club, which entitles the member to use the	71526
facilities of the organization. "Recreation and sports club" means	71527
an organization that has ownership of, or controls or leases on a	71528
continuing, long-term basis, the facilities used by its members	71529
and includes an aviation club, gun or shooting club, yacht club,	71530
card club, swimming club, tennis club, golf club, country club,	71531
riding club, amateur sports club, or similar organization.	71532

(OO) "Livestock" means farm animals commonly raised for food,	71533
food production, or other agricultural purposes, including, but	71534
not limited to, cattle, sheep, goats, swine, poultry, and captive	71535
deer. "Livestock" does not include invertebrates, amphibians,	71536
reptiles, domestic pets, animals for use in laboratories or for	71537
exhibition, or other animals not commonly raised for food or food	71538
production.	71539

(PP) "Livestock structure" means a building or structure used	71540
exclusively for the housing, raising, feeding, or sheltering of	71541
livestock, and includes feed storage or handling structures and	71542
structures for livestock waste handling.	71543

(QQ) "Horticulture" means the growing, cultivation, and	71544
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	71545
and nursery stock. As used in this division, "nursery stock" has	71546
the same meaning as in section 927.51 of the Revised Code.	71547

(RR) "Horticulture structure" means a building or structure	71548
used exclusively for the commercial growing, raising, or	71549
overwintering of horticultural products, and includes the area	71550
used for stocking, storing, and packing horticultural products	71551
when done in conjunction with the production of those products.	71552

(SS) "Newspaper" means an unbound publication bearing a title	71553
or name that is regularly published, at least as frequently as	71554
biweekly, and distributed from a fixed place of business to the	71555
public in a specific geographic area, and that contains a	71556
substantial amount of news matter of international, national, or	71557
local events of interest to the general public.	71558

(TT) "Professional racing team" means a person that employs	71559
at least twenty full-time employees for the purpose of conducting	71560
a motor vehicle racing business for profit. The person must	71561
conduct the business with the purpose of racing one or more motor	71562
racing vehicles in at least ten competitive professional racing	71563
events each year that comprise all or part of a motor racing	71564
series sanctioned by one or more motor racing sanctioning	71565
organizations. A "motor racing vehicle" means a vehicle for which	71566
the chassis, engine, and parts are designed exclusively for motor	71567
racing, and does not include a stock or production model vehicle	71568
that may be modified for use in racing. For the purposes of this	71569
division:	71570

(1) A "competitive professional racing event" is a motor	71571
vehicle racing event sanctioned by one or more motor racing	71572
sanctioning organizations, at which aggregate cash prizes in	71573
excess of eight hundred thousand dollars are awarded to the	71574
competitors.	71575

(2) "Full-time employee" means an individual who is employed	71576
for consideration for thirty-five or more hours a week, or who	71577
renders any other standard of service generally accepted by custom	71578
or specified by contract as full-time employment.	71579

(UU)(1) "Lease" or "rental" means any transfer of the	71580
possession or control of tangible personal property for a fixed or	71581
indefinite term, for consideration. "Lease" or "rental" includes	71582
future options to purchase or extend, and agreements described in	71583
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	71584
the amount of consideration may be increased or decreased by	71585
reference to the amount realized upon the sale or disposition of	71586
the property. "Lease" or "rental" does not include:	71587

(a) A transfer of possession or control of tangible personal	71588
property under a security agreement or a deferred payment plan	71589
that requires the transfer of title upon completion of the	71590
required payments;	71591

(b) A transfer of possession or control of tangible personal	71592
property under an agreement that requires the transfer of title	71593
upon completion of required payments and payment of an option	71594
price that does not exceed the greater of one hundred dollars or	71595
one per cent of the total required payments;	71596

(c) Providing tangible personal property along with an	71597
operator for a fixed or indefinite period of time, if the operator	71598
is necessary for the property to perform as designed. For purposes	71599
of this division, the operator must do more than maintain,	71600
inspect, or set-up the tangible personal property.	71601

(2) "Lease" and "rental," as defined in division (UU) of this	71602
section, shall not apply to leases or rentals that exist before	71603
June 26, 2003.	71604

(3) "Lease" and "rental" have the same meaning as in division	71605
(UU)(1) of this section regardless of whether a transaction is	71606
characterized as a lease or rental under generally accepted	71607
accounting principles, the Internal Revenue Code, Title XIII of	71608
the Revised Code, or other federal, state, or local laws.	71609

(VV) "Mobile telecommunications service" has the same meaning	71610
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	71611
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	71612
on and after August 1, 2003, includes related fees and ancillary	71613
services, including universal service fees, detailed billing	71614
service, directory assistance, service initiation, voice mail	71615
service, and vertical services, such as caller ID and three-way	71616
calling.	71617

(WW) "Certified service provider" has the same meaning as in	71618
section 5740.01 of the Revised Code.	71619

(XX) "Satellite broadcasting service" means the distribution	71620
or broadcasting of programming or services by satellite directly	71621
to the subscriber's receiving equipment without the use of ground	71622
receiving or distribution equipment, except the subscriber's	71623
receiving equipment or equipment used in the uplink process to the	71624
satellite, and includes all service and rental charges, premium	71625
channels or other special services, installation and repair	71626
service charges, and any other charges having any connection with	71627
the provision of the satellite broadcasting service.	71628

(YY) "Tangible personal property" means personal property	71629
that can be seen, weighed, measured, felt, or touched, or that is	71630
in any other manner perceptible to the senses. For purposes of	71631
this chapter and Chapter 5741. of the Revised Code, "tangible	71632
personal property" includes motor vehicles, electricity, water,	71633
gas, steam, and prewritten computer software.	71634

(ZZ) "Direct mail" means printed material delivered or	71635
distributed by United States mail or other delivery service to a	71636
mass audience or to addressees on a mailing list provided by the	71637
consumer or at the direction of the consumer when the cost of the	71638
items are not billed directly to the recipients. "Direct mail"	71639
includes tangible personal property supplied directly or	71640
indirectly by the consumer to the direct mail vendor for inclusion	71641
in the package containing the printed material. "Direct mail" does	71642
not include multiple items of printed material delivered to a	71643
single address.	71644

(AAA) "Computer" means an electronic device that accepts	71645
information in digital or similar form and manipulates it for a	71646
result based on a sequence of instructions.	71647

(BBB) "Computer software" means a set of coded instructions	71648
designed to cause a computer or automatic data processing	71649
equipment to perform a task.	71650

(CCC) "Delivered electronically" means delivery of computer	71651
software from the seller to the purchaser by means other than	71652
tangible storage media.	71653

(DDD) "Prewritten computer software" means computer software,	71654
including prewritten upgrades, that is not designed and developed	71655
by the author or other creator to the specifications of a specific	71656
purchaser. The combining of two or more prewritten computer	71657
software programs or prewritten portions thereof does not cause	71658
the combination to be other than prewritten computer software.	71659
"Prewritten computer software" includes software designed and	71660
developed by the author or other creator to the specifications of	71661
a specific purchaser when it is sold to a person other than the	71662
purchaser. If a person modifies or enhances computer software of	71663
which the person is not the author or creator, the person shall be	71664
deemed to be the author or creator only of such person's	71665
modifications or enhancements. Prewritten computer software or a	71666
prewritten portion thereof that is modified or enhanced to any	71667
degree, where such modification or enhancement is designed and	71668
developed to the specifications of a specific purchaser, remains	71669
prewritten computer software; provided, however, that where there	71670
is a reasonable, separately stated charge or an invoice or other	71671
statement of the price given to the purchaser for the modification	71672
or enhancement, the modification or enhancement shall not	71673
constitute prewritten computer software.	71674

(EEE)(1) "Food" means substances, whether in liquid,	71675
concentrated, solid, frozen, dried, or dehydrated form, that are	71676
sold for ingestion or chewing by humans and are consumed for their	71677
taste or nutritional value. "Food" does not include alcoholic	71678
beverages, dietary supplements, soft drinks, or tobacco.	71679

(2) As used in division (EEE)(1) of this section:

71680

(a) "Alcoholic beverages" means beverages that are suitable	71681
for human consumption and contain one-half of one per cent or more	71682
of alcohol by volume.	71683

(b) "Dietary supplements" means any product, other than	71684
tobacco, that is intended to supplement the diet and that is	71685
intended for ingestion in tablet, capsule, powder, softgel,	71686
gelcap, or liquid form, or, if not intended for ingestion in such	71687
a form, is not represented as conventional food for use as a sole	71688
item of a meal or of the diet; that is required to be labeled as a	71689
dietary supplement, identifiable by the "supplement facts" box	71690
found on the label, as required by 21 C.F.R. 101.36; and that	71691
contains one or more of the following dietary ingredients:	71692

(i) A vitamin;

71693

(ii) A mineral;

71694

(iii) An herb or other botanical;

71695

(iv) An amino acid;

71696

(v) A dietary substance for use by humans to supplement the	71697
diet by increasing the total dietary intake;	71698

(vi) A concentrate, metabolite, constituent, extract, or	71699
combination of any ingredient described in divisions	71700
(EEE)(2)(b)(i) to (v) of this section.	71701

(c) "Soft drinks" means nonalcoholic beverages that contain	71702
natural or artificial sweeteners. "Soft drinks" does not include	71703
beverages that contain milk or milk products, soy, rice, or	71704
similar milk substitutes, or that contains greater than fifty per	71705
cent vegetable or fruit juice by volume.	71706

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	71707
tobacco, or any other item that contains tobacco.	71708

(FFF) "Drug" means a compound, substance, or preparation, and	71709
any component of a compound, substance, or preparation, other than	71710
food, dietary supplements, or alcoholic beverages that is	71711
recognized in the official United States pharmacopoeia, official	71712
homeopathic pharmacopoeia of the United States, or official	71713
national formulary, and supplements to them; is intended for use	71714
in the diagnosis, cure, mitigation, treatment, or prevention of	71715
disease; or is intended to affect the structure or any function of	71716
the body.	71717

(GGG) "Prescription" means an order, formula, or recipe	71718
issued in any form of oral, written, electronic, or other means of	71719
transmission by a duly licensed practitioner authorized by the	71720
laws of this state to issue a prescription.	71721

(HHH) "Durable medical equipment" means equipment, including	71722
repair and replacement parts for such equipment, that can	71723
withstand repeated use, is primarily and customarily used to serve	71724
a medical purpose, generally is not useful to a person in the	71725
absence of illness or injury, and is not worn in or on the body.	71726
"Durable medical equipment" does not include mobility enhancing	71727
equipment.	71728

(III) "Mobility enhancing equipment" means equipment,	71729
including repair and replacement parts for such equipment, that is	71730
primarily and customarily used to provide or increase the ability	71731
to move from one place to another and is appropriate for use	71732
either in a home or a motor vehicle, that is not generally used by	71733
persons with normal mobility, and that does not include any motor	71734
vehicle or equipment on a motor vehicle normally provided by a	71735
motor vehicle manufacturer. "Mobility enhancing equipment" does	71736
not include durable medical equipment.	71737

(JJJ) "Prosthetic device" means a replacement, corrective, or	71738
supportive device, including repair and replacement parts for the	71739
device, worn on or in the human body to artificially replace a	71740
missing portion of the body, prevent or correct physical deformity	71741
or malfunction, or support a weak or deformed portion of the body.	71742
As used in this division, "prosthetic device" does not include	71743
corrective eyeglasses, contact lenses, or dental prosthesis.	71744

(KKK)(1) "Fractional aircraft ownership program" means a	71745
program in which persons within an affiliated group sell and	71746
manage fractional ownership program aircraft, provided that at	71747
least one hundred airworthy aircraft are operated in the program	71748
and the program meets all of the following criteria:	71749

(a) Management services are provided by at least one program	71750
manager within an affiliated group on behalf of the fractional	71751
owners.	71752

(b) Each program aircraft is owned or possessed by at least	71753
one fractional owner.	71754

(c) Each fractional owner owns or possesses at least a	71755
one-sixteenth interest in at least one fixed-wing program	71756
aircraft.	71757

(d) A dry-lease aircraft interchange arrangement is in effect	71758
among all of the fractional owners.	71759

(e) Multi-year program agreements are in effect regarding the	71760
fractional ownership, management services, and dry-lease aircraft	71761
interchange arrangement aspects of the program.	71762

(2) As used in division (KKK)(1) of this section:

71763

(a) "Affiliated group" has the same meaning as in division	71764
(B)(3)(e) of this section.	71765

(b) "Fractional owner" means a person that owns or possesses	71766
at least a one-sixteenth interest in a program aircraft and has	71767
entered into the agreements described in division (KKK)(1)(e) of	71768
this section.	71769

(c) "Fractional ownership program aircraft" or "program	71770
aircraft" means a turbojet aircraft that is owned or possessed by	71771
a fractional owner and that has been included in a dry-lease	71772
aircraft interchange arrangement and agreement under divisions	71773
(KKK)(1)(d) and (e) of this section, or an aircraft a program	71774
manager owns or possesses primarily for use in a fractional	71775
aircraft ownership program.	71776

(d) "Management services" means administrative and aviation	71777
support services furnished under a fractional aircraft ownership	71778
program in accordance with a management services agreement under	71779
division (KKK)(1)(e) of this section, and offered by the program	71780
manager to the fractional owners, including, at a minimum, the	71781
establishment and implementation of safety guidelines; the	71782
coordination of the scheduling of the program aircraft and crews;	71783
program aircraft maintenance; program aircraft insurance; crew	71784
training for crews employed, furnished, or contracted by the	71785
program manager or the fractional owner; the satisfaction of	71786
record-keeping requirements; and the development and use of an	71787
operations manual and a maintenance manual for the fractional	71788
aircraft ownership program.	71789

(e) "Program manager" means the person that offers management	71790
services to fractional owners pursuant to a management services	71791
agreement under division (KKK)(1)(e) of this section.	71792

(LLL) "Electronic publishing" means providing access to one	71793
or more of the following primarily for business customers,	71794
including the federal government or a state government or a	71795
political subdivision thereof, to conduct research: news;	71796
business, financial, legal, consumer, or credit materials;	71797
editorials, columns, reader commentary, or features; photos or	71798
images; archival or research material; legal notices, identity	71799
verification, or public records; scientific, educational,	71800
instructional, technical, professional, trade, or other literary	71801
materials; or other similar information which has been gathered	71802
and made available by the provider to the consumer in an	71803
electronic format. Providing electronic publishing includes the	71804
functions necessary for the acquisition, formatting, editing,	71805
storage, and dissemination of data or information that is the	71806
subject of a sale.	71807

(MMM) "Medicaid health insuring corporation" means a health	71808
insuring corporation that holds a certificate of authority under	71809
Chapter 1751. of the Revised Code and is under contract with the	71810
department of job and family services pursuant to section 5111.17	71811
of the Revised Code.	71812

(NNN) "Managed care premium" means any premium, capitation,	71813
or other payment a medicaid health insuring corporation receives	71814
for providing or arranging for the provision of health care	71815
services to its members or enrollees residing in this state.	71816

(OOO) "Captive deer" means deer and other cervidae that have	71817
been legally acquired, or their offspring, that are privately	71818
owned for agricultural or farming purposes.	71819

(PPP) "Gift card" means a document, card, certificate, or	71820
other record, whether tangible or intangible, that may be redeemed	71821
by a consumer for a dollar value when making a purchase of	71822
tangible personal property or services.	71823

Sec. 5739.02. For the purpose of providing revenue with	71824
which to meet the needs of the state, for the use of the general	71825
revenue fund of the state, for the purpose of securing a thorough	71826
and efficient system of common schools throughout the state, for	71827
the purpose of affording revenues, in addition to those from	71828
general property taxes, permitted under constitutional	71829
limitations, and from other sources, for the support of local	71830
governmental functions, and for the purpose of reimbursing the	71831
state for the expense of administering this chapter, an excise tax	71832
is hereby levied on each retail sale made in this state.	71833

(A)(1) The tax shall be collected as provided in section	71834
5739.025 of the Revised Code. The rate of the tax shall be five	71835
and one-half per cent. The tax applies and is collectible when the	71836
sale is made, regardless of the time when the price is paid or	71837
delivered.	71838

(2) In the case of the lease or rental, with a fixed term of	71839
more than thirty days or an indefinite term with a minimum period	71840
of more than thirty days, of any motor vehicles designed by the	71841
manufacturer to carry a load of not more than one ton, watercraft,	71842
outboard motor, or aircraft, or of any tangible personal property,	71843
other than motor vehicles designed by the manufacturer to carry a	71844
load of more than one ton, to be used by the lessee or renter	71845
primarily for business purposes, the tax shall be collected by the	71846
vendor at the time the lease or rental is consummated and shall be	71847
calculated by the vendor on the basis of the total amount to be	71848
paid by the lessee or renter under the lease agreement. If the	71849
total amount of the consideration for the lease or rental includes	71850
amounts that are not calculated at the time the lease or rental is	71851
executed, the tax shall be calculated and collected by the vendor	71852
at the time such amounts are billed to the lessee or renter. In	71853
the case of an open-end lease or rental, the tax shall be	71854
calculated by the vendor on the basis of the total amount to be	71855
paid during the initial fixed term of the lease or rental, and for	71856
each subsequent renewal period as it comes due. As used in this	71857
division, "motor vehicle" has the same meaning as in section	71858
4501.01 of the Revised Code, and "watercraft" includes an outdrive	71859
unit attached to the watercraft.	71860

A lease with a renewal clause and a termination penalty or	71861
similar provision that applies if the renewal clause is not	71862
exercised is presumed to be a sham transaction. In such a case,	71863
the tax shall be calculated and paid on the basis of the entire	71864
length of the lease period, including any renewal periods, until	71865
the termination penalty or similar provision no longer applies.	71866
The taxpayer shall bear the burden, by a preponderance of the	71867
evidence, that the transaction or series of transactions is not a	71868
sham transaction.	71869

(3) Except as provided in division (A)(2) of this section, in	71870
the case of a sale, the price of which consists in whole or in	71871
part of the lease or rental of tangible personal property, the tax	71872
shall be measured by the installments of that lease or rental.	71873

(4) In the case of a sale of a physical fitness facility	71874
service or recreation and sports club service, the price of which	71875
consists in whole or in part of a membership for the receipt of	71876
the benefit of the service, the tax applicable to the sale shall	71877
be measured by the installments thereof.	71878

(B) The tax does not apply to the following:

71879

(1) Sales to the state or any of its political subdivisions,	71880
or to any other state or its political subdivisions if the laws of	71881
that state exempt from taxation sales made to this state and its	71882
political subdivisions;	71883

(2) Sales of food for human consumption off the premises	71884
where sold;	71885

(3) Sales of food sold to students only in a cafeteria,	71886
dormitory, fraternity, or sorority maintained in a private,	71887
public, or parochial school, college, or university;	71888

(4) Sales of newspapers and of magazine subscriptions and	71889
sales or transfers of magazines distributed as controlled	71890
circulation publications;	71891

(5) The furnishing, preparing, or serving of meals without	71892
charge by an employer to an employee provided the employer records	71893
the meals as part compensation for services performed or work	71894
done;	71895

(6) Sales of motor fuel upon receipt, use, distribution, or	71896
sale of which in this state a tax is imposed by the law of this	71897
state, but this exemption shall not apply to the sale of motor	71898
fuel on which a refund of the tax is allowable under division (A)	71899
of section 5735.14 of the Revised Code; and the tax commissioner	71900
may deduct the amount of tax levied by this section applicable to	71901
the price of motor fuel when granting a refund of motor fuel tax	71902
pursuant to division (A) of section 5735.14 of the Revised Code	71903
and shall cause the amount deducted to be paid into the general	71904
revenue fund of this state;	71905

(7) Sales of natural gas by a natural gas company, of water	71906
by a water-works company, or of steam by a heating company, if in	71907
each case the thing sold is delivered to consumers through pipes	71908
or conduits, and all sales of communications services by a	71909
telegraph company, all terms as defined in section 5727.01 of the	71910
Revised Code, and sales of electricity delivered through wires;	71911

(8) Casual sales by a person, or auctioneer employed directly	71912
by the person to conduct such sales, except as to such sales of	71913
motor vehicles, watercraft or outboard motors required to be	71914
titled under section 1548.06 of the Revised Code, watercraft	71915
documented with the United States coast guard, snowmobiles, and	71916
all-purpose vehicles as defined in section 4519.01 of the Revised	71917
Code;	71918

(9)(a) Sales of services or tangible personal property, other	71919
than motor vehicles, mobile homes, and manufactured homes, by	71920
churches, organizations exempt from taxation under section	71921
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	71922
organizations operated exclusively for charitable purposes as	71923
defined in division (B)(12) of this section, provided that the	71924
number of days on which such tangible personal property or	71925
services, other than items never subject to the tax, are sold does	71926
not exceed six in any calendar year, except as otherwise provided	71927
in division (B)(9)(b) of this section. If the number of days on	71928
which such sales are made exceeds six in any calendar year, the	71929
church or organization shall be considered to be engaged in	71930
business and all subsequent sales by it shall be subject to the	71931
tax. In counting the number of days, all sales by groups within a	71932
church or within an organization shall be considered to be sales	71933
of that church or organization.	71934

(b) The limitation on the number of days on which tax-exempt	71935
sales may be made by a church or organization under division	71936
(B)(9)(a) of this section does not apply to sales made by student	71937
clubs and other groups of students of a primary or secondary	71938
school, or a parent-teacher association, booster group, or similar	71939
organization that raises money to support or fund curricular or	71940
extracurricular activities of a primary or secondary school.	71941

(c) Divisions (B)(9)(a) and (b) of this section do not apply	71942
to sales by a noncommercial educational radio or television	71943
broadcasting station.	71944

(10) Sales not within the taxing power of this state under	71945
the Constitution of the United States;	71946

(11) Except for transactions that are sales under division	71947
(B)(3)(r) of section 5739.01 of the Revised Code, the	71948
transportation of persons or property, unless the transportation	71949
is by a private investigation and security service;	71950

(12) Sales of tangible personal property or services to	71951
churches, to organizations exempt from taxation under section	71952
501(c)(3) of the Internal Revenue Code of 1986, and to any other	71953
nonprofit organizations operated exclusively for charitable	71954
purposes in this state, no part of the net income of which inures	71955
to the benefit of any private shareholder or individual, and no	71956
substantial part of the activities of which consists of carrying	71957
on propaganda or otherwise attempting to influence legislation;	71958
sales to offices administering one or more homes for the aged or	71959
one or more hospital facilities exempt under section 140.08 of the	71960
Revised Code; and sales to organizations described in division (D)	71961
of section 5709.12 of the Revised Code.	71962

"Charitable purposes" means the relief of poverty; the	71963
improvement of health through the alleviation of illness, disease,	71964
or injury; the operation of an organization exclusively for the	71965
provision of professional, laundry, printing, and purchasing	71966
services to hospitals or charitable institutions; the operation of	71967
a home for the aged, as defined in section 5701.13 of the Revised	71968
Code; the operation of a radio or television broadcasting station	71969
that is licensed by the federal communications commission as a	71970
noncommercial educational radio or television station; the	71971
operation of a nonprofit animal adoption service or a county	71972
humane society; the promotion of education by an institution of	71973
learning that maintains a faculty of qualified instructors,	71974
teaches regular continuous courses of study, and confers a	71975
recognized diploma upon completion of a specific curriculum; the	71976
operation of a parent-teacher association, booster group, or	71977
similar organization primarily engaged in the promotion and	71978
support of the curricular or extracurricular activities of a	71979
primary or secondary school; the operation of a community or area	71980
center in which presentations in music, dramatics, the arts, and	71981
related fields are made in order to foster public interest and	71982
education therein; the production of performances in music,	71983
dramatics, and the arts; or the promotion of education by an	71984
organization engaged in carrying on research in, or the	71985
dissemination of, scientific and technological knowledge and	71986
information primarily for the public.	71987

Nothing in this division shall be deemed to exempt sales to	71988
any organization for use in the operation or carrying on of a	71989
trade or business, or sales to a home for the aged for use in the	71990
operation of independent living facilities as defined in division	71991
(A) of section 5709.12 of the Revised Code.	71992

(13) Building and construction materials and services sold to	71993
construction contractors for incorporation into a structure or	71994
improvement to real property under a construction contract with	71995
this state or a political subdivision of this state, or with the	71996
United States government or any of its agencies; building and	71997
construction materials and services sold to construction	71998
contractors for incorporation into a structure or improvement to	71999
real property that are accepted for ownership by this state or any	72000
of its political subdivisions, or by the United States government	72001
or any of its agencies at the time of completion of the structures	72002
or improvements; building and construction materials sold to	72003
construction contractors for incorporation into a horticulture	72004
structure or livestock structure for a person engaged in the	72005
business of horticulture or producing livestock; building	72006
materials and services sold to a construction contractor for	72007
incorporation into a house of public worship or religious	72008
education, or a building used exclusively for charitable purposes	72009
under a construction contract with an organization whose purpose	72010
is as described in division (B)(12) of this section; building	72011
materials and services sold to a construction contractor for	72012
incorporation into a building under a construction contract with	72013
an organization exempt from taxation under section 501(c)(3) of	72014
the Internal Revenue Code of 1986 when the building is to be used	72015
exclusively for the organization's exempt purposes; building and	72016
construction materials sold for incorporation into the original	72017
construction of a sports facility under section 307.696 of the	72018
Revised Code; building and construction materials and services	72019
sold to a construction contractor for incorporation into real	72020
property outside this state if such materials and services, when	72021
sold to a construction contractor in the state in which the real	72022
property is located for incorporation into real property in that	72023
state, would be exempt from a tax on sales levied by that state;	72024
and, until one calendar year after the construction of a	72025
convention center that qualifies for property tax exemption under	72026
section 5709.084 of the Revised Code is completed, building and	72027
construction materials and services sold to a construction	72028
contractor for incorporation into the real property comprising	72029
that convention center;	72030

(14) Sales of ships or vessels or rail rolling stock used or	72031
to be used principally in interstate or foreign commerce, and	72032
repairs, alterations, fuel, and lubricants for such ships or	72033
vessels or rail rolling stock;	72034

(15) Sales to persons primarily engaged in any of the	72035
activities mentioned in division (B)(42)(a), (g), or (h) of this	72036
section, to persons engaged in making retail sales, or to persons	72037
who purchase for sale from a manufacturer tangible personal	72038
property that was produced by the manufacturer in accordance with	72039
specific designs provided by the purchaser, of packages, including	72040
material, labels, and parts for packages, and of machinery,	72041
equipment, and material for use primarily in packaging tangible	72042
personal property produced for sale, including any machinery,	72043
equipment, and supplies used to make labels or packages, to	72044
prepare packages or products for labeling, or to label packages or	72045
products, by or on the order of the person doing the packaging, or	72046
sold at retail. "Packages" includes bags, baskets, cartons,	72047
crates, boxes, cans, bottles, bindings, wrappings, and other	72048
similar devices and containers, but does not include motor	72049
vehicles or bulk tanks, trailers, or similar devices attached to	72050
motor vehicles. "Packaging" means placing in a package. Division	72051
(B)(15) of this section does not apply to persons engaged in	72052
highway transportation for hire.	72053

(16) Sales of food to persons using supplemental nutrition	72054
assistance program benefits to purchase the food. As used in this	72055
division, "food" has the same meaning as in 7 U.S.C. 2012 and	72056
federal regulations adopted pursuant to the Food and Nutrition Act	72057
of 2008.	72058

(17) Sales to persons engaged in farming, agriculture,	72059
horticulture, or floriculture, of tangible personal property for	72060
use or consumption primarily in the production by farming,	72061
agriculture, horticulture, or floriculture of other tangible	72062
personal property for use or consumption primarily in the	72063
production of tangible personal property for sale by farming,	72064
agriculture, horticulture, or floriculture; or material and parts	72065
for incorporation into any such tangible personal property for use	72066
or consumption in production; and of tangible personal property	72067
for such use or consumption in the conditioning or holding of	72068
products produced by and for such use, consumption, or sale by	72069
persons engaged in farming, agriculture, horticulture, or	72070
floriculture, except where such property is incorporated into real	72071
property;	72072

(18) Sales of drugs for a human being that may be dispensed	72073
only pursuant to a prescription; insulin as recognized in the	72074
official United States pharmacopoeia; urine and blood testing	72075
materials when used by diabetics or persons with hypoglycemia to	72076
test for glucose or acetone; hypodermic syringes and needles when	72077
used by diabetics for insulin injections; epoetin alfa when	72078
purchased for use in the treatment of persons with medical	72079
disease; hospital beds when purchased by hospitals, nursing homes,	72080
or other medical facilities; and medical oxygen and medical	72081
oxygen-dispensing equipment when purchased by hospitals, nursing	72082
homes, or other medical facilities;	72083

(19) Sales of prosthetic devices, durable medical equipment	72084
for home use, or mobility enhancing equipment, when made pursuant	72085
to a prescription and when such devices or equipment are for use	72086
by a human being.	72087

(20) Sales of emergency and fire protection vehicles and	72088
equipment to nonprofit organizations for use solely in providing	72089
fire protection and emergency services, including trauma care and	72090
emergency medical services, for political subdivisions of the	72091
state;	72092

(21) Sales of tangible personal property manufactured in this	72093
state, if sold by the manufacturer in this state to a retailer for	72094
use in the retail business of the retailer outside of this state	72095
and if possession is taken from the manufacturer by the purchaser	72096
within this state for the sole purpose of immediately removing the	72097
same from this state in a vehicle owned by the purchaser;	72098

(22) Sales of services provided by the state or any of its	72099
political subdivisions, agencies, instrumentalities, institutions,	72100
or authorities, or by governmental entities of the state or any of	72101
its political subdivisions, agencies, instrumentalities,	72102
institutions, or authorities;	72103

(23) Sales of motor vehicles to nonresidents of this state	72104
under the circumstances described in division (B) of section	72105
5739.029 of the Revised Code;	72106

(24) Sales to persons engaged in the preparation of eggs for	72107
sale of tangible personal property used or consumed directly in	72108
such preparation, including such tangible personal property used	72109
for cleaning, sanitizing, preserving, grading, sorting, and	72110
classifying by size; packages, including material and parts for	72111
packages, and machinery, equipment, and material for use in	72112
packaging eggs for sale; and handling and transportation equipment	72113
and parts therefor, except motor vehicles licensed to operate on	72114
public highways, used in intraplant or interplant transfers or	72115
shipment of eggs in the process of preparation for sale, when the	72116
plant or plants within or between which such transfers or	72117
shipments occur are operated by the same person. "Packages"	72118
includes containers, cases, baskets, flats, fillers, filler flats,	72119
cartons, closure materials, labels, and labeling materials, and	72120
"packaging" means placing therein.	72121

(25)(a) Sales of water to a consumer for residential use,	72122
except the sale of bottled water, distilled water, mineral water,	72123
carbonated water, or ice;	72124

(b) Sales of water by a nonprofit corporation engaged	72125
exclusively in the treatment, distribution, and sale of water to	72126
consumers, if such water is delivered to consumers through pipes	72127
or tubing.	72128

(26) Fees charged for inspection or reinspection of motor	72129
vehicles under section 3704.14 of the Revised Code;	72130

(27) Sales to persons licensed to conduct a food service	72131
operation pursuant to section 3717.43 of the Revised Code, of	72132
tangible personal property primarily used directly for the	72133
following:	72134

(a) To prepare food for human consumption for sale;

72135

(b) To preserve food that has been or will be prepared for	72136
human consumption for sale by the food service operator, not	72137
including tangible personal property used to display food for	72138
selection by the consumer;	72139

(c) To clean tangible personal property used to prepare or	72140
serve food for human consumption for sale.	72141

(28) Sales of animals by nonprofit animal adoption services	72142
or county humane societies;	72143

(29) Sales of services to a corporation described in division	72144
(A) of section 5709.72 of the Revised Code, and sales of tangible	72145
personal property that qualifies for exemption from taxation under	72146
section 5709.72 of the Revised Code;	72147

(30) Sales and installation of agricultural land tile, as	72148
defined in division (B)(5)(a) of section 5739.01 of the Revised	72149
Code;	72150

(31) Sales and erection or installation of portable grain	72151
bins, as defined in division (B)(5)(b) of section 5739.01 of the	72152
Revised Code;	72153

(32) The sale, lease, repair, and maintenance of, parts for,	72154
or items attached to or incorporated in, motor vehicles that are	72155
primarily used for transporting tangible personal property	72156
belonging to others by a person engaged in highway transportation	72157
for hire, except for packages and packaging used for the	72158
transportation of tangible personal property;	72159

(33) Sales to the state headquarters of any veterans'	72160
organization in this state that is either incorporated and issued	72161
a charter by the congress of the United States or is recognized by	72162
the United States veterans administration, for use by the	72163
headquarters;	72164

(34) Sales to a telecommunications service vendor, mobile	72165
telecommunications service vendor, or satellite broadcasting	72166
service vendor of tangible personal property and services used	72167
directly and primarily in transmitting, receiving, switching, or	72168
recording any interactive, one- or two-way electromagnetic	72169
communications, including voice, image, data, and information,	72170
through the use of any medium, including, but not limited to,	72171
poles, wires, cables, switching equipment, computers, and record	72172
storage devices and media, and component parts for the tangible	72173
personal property. The exemption provided in this division shall	72174
be in lieu of all other exemptions under division (B)(42)(a) or	72175
(n) of this section to which the vendor may otherwise be entitled,	72176
based upon the use of the thing purchased in providing the	72177
telecommunications, mobile telecommunications, or satellite	72178
broadcasting service.	72179

(35)(a) Sales where the purpose of the consumer is to use or	72180
consume the things transferred in making retail sales and	72181
consisting of newspaper inserts, catalogues, coupons, flyers, gift	72182
certificates, or other advertising material that prices and	72183
describes tangible personal property offered for retail sale.	72184

(b) Sales to direct marketing vendors of preliminary	72185
materials such as photographs, artwork, and typesetting that will	72186
be used in printing advertising material; and of printed matter	72187
that offers free merchandise or chances to win sweepstake prizes	72188
and that is mailed to potential customers with advertising	72189
material described in division (B)(35)(a) of this section; ~~and~~	72190

(c) Sales of equipment such as telephones, computers,	72191
facsimile machines, and similar tangible personal property	72192
primarily used to accept orders for direct marketing retail sales.	72193

~~(c)~~(d) Sales of automatic food vending machines that preserve	72194
food with a shelf life of forty-five days or less by refrigeration	72195
and dispense it to the consumer.	72196

For purposes of division (B)(35) of this section, "direct	72197
marketing" means the method of selling where consumers order	72198
tangible personal property by United States mail, delivery	72199
service, or telecommunication and the vendor delivers or ships the	72200
tangible personal property sold to the consumer from a warehouse,	72201
catalogue distribution center, or similar fulfillment facility by	72202
means of the United States mail, delivery service, or common	72203
carrier.	72204

(36) Sales to a person engaged in the business of	72205
horticulture or producing livestock of materials to be	72206
incorporated into a horticulture structure or livestock structure;	72207

(37) Sales of personal computers, computer monitors, computer	72208
keyboards, modems, and other peripheral computer equipment to an	72209
individual who is licensed or certified to teach in an elementary	72210
or a secondary school in this state for use by that individual in	72211
preparation for teaching elementary or secondary school students;	72212

(38) Sales to a professional racing team of any of the	72213
following:	72214

(a) Motor racing vehicles;

72215

(b) Repair services for motor racing vehicles;

72216

(c) Items of property that are attached to or incorporated in	72217
motor racing vehicles, including engines, chassis, and all other	72218
components of the vehicles, and all spare, replacement, and	72219
rebuilt parts or components of the vehicles; except not including	72220
tires, consumable fluids, paint, and accessories consisting of	72221
instrumentation sensors and related items added to the vehicle to	72222
collect and transmit data by means of telemetry and other forms of	72223
communication.	72224

(39) Sales of used manufactured homes and used mobile homes,	72225
as defined in section 5739.0210 of the Revised Code, made on or	72226
after January 1, 2000;	72227

(40) Sales of tangible personal property and services to a	72228
provider of electricity used or consumed directly and primarily in	72229
generating, transmitting, or distributing electricity for use by	72230
others, including property that is or is to be incorporated into	72231
and will become a part of the consumer's production, transmission,	72232
or distribution system and that retains its classification as	72233
tangible personal property after incorporation; fuel or power used	72234
in the production, transmission, or distribution of electricity;	72235
energy conversion equipment as defined in section 5727.01 of the	72236
Revised Code; and tangible personal property and services used in	72237
the repair and maintenance of the production, transmission, or	72238
distribution system, including only those motor vehicles as are	72239
specially designed and equipped for such use. The exemption	72240
provided in this division shall be in lieu of all other exemptions	72241
in division (B)(42)(a) or (n) of this section to which a provider	72242
of electricity may otherwise be entitled based on the use of the	72243
tangible personal property or service purchased in generating,	72244
transmitting, or distributing electricity.	72245

(41) Sales to a person providing services under division	72246
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	72247
personal property and services used directly and primarily in	72248
providing taxable services under that section.	72249

(42) Sales where the purpose of the purchaser is to do any of	72250
the following:	72251

(a) To incorporate the thing transferred as a material or a	72252
part into tangible personal property to be produced for sale by	72253
manufacturing, assembling, processing, or refining; or to use or	72254
consume the thing transferred directly in producing tangible	72255
personal property for sale by mining, including, without	72256
limitation, the extraction from the earth of all substances that	72257
are classed geologically as minerals, production of crude oil and	72258
natural gas, or directly in the rendition of a public utility	72259
service, except that the sales tax levied by this section shall be	72260
collected upon all meals, drinks, and food for human consumption	72261
sold when transporting persons. Persons engaged in rendering	72262
services in the exploration for, and production of, crude oil and	72263
natural gas for others are deemed engaged directly in the	72264
exploration for, and production of, crude oil and natural gas.	72265
This paragraph does not exempt from "retail sale" or "sales at	72266
retail" the sale of tangible personal property that is to be	72267
incorporated into a structure or improvement to real property.	72268

(b) To hold the thing transferred as security for the	72269
performance of an obligation of the vendor;	72270

(c) To resell, hold, use, or consume the thing transferred as	72271
evidence of a contract of insurance;	72272

(d) To use or consume the thing directly in commercial	72273
fishing;	72274

(e) To incorporate the thing transferred as a material or a	72275
part into, or to use or consume the thing transferred directly in	72276
the production of, magazines distributed as controlled circulation	72277
publications;	72278

(f) To use or consume the thing transferred in the production	72279
and preparation in suitable condition for market and sale of	72280
printed, imprinted, overprinted, lithographic, multilithic,	72281
blueprinted, photostatic, or other productions or reproductions of	72282
written or graphic matter;	72283

(g) To use the thing transferred, as described in section	72284
5739.011 of the Revised Code, primarily in a manufacturing	72285
operation to produce tangible personal property for sale;	72286

(h) To use the benefit of a warranty, maintenance or service	72287
contract, or similar agreement, as described in division (B)(7) of	72288
section 5739.01 of the Revised Code, to repair or maintain	72289
tangible personal property, if all of the property that is the	72290
subject of the warranty, contract, or agreement would not be	72291
subject to the tax imposed by this section;	72292

(i) To use the thing transferred as qualified research and	72293
development equipment;	72294

(j) To use or consume the thing transferred primarily in	72295
storing, transporting, mailing, or otherwise handling purchased	72296
sales inventory in a warehouse, distribution center, or similar	72297
facility when the inventory is primarily distributed outside this	72298
state to retail stores of the person who owns or controls the	72299
warehouse, distribution center, or similar facility, to retail	72300
stores of an affiliated group of which that person is a member, or	72301
by means of direct marketing. This division does not apply to	72302
motor vehicles registered for operation on the public highways. As	72303
used in this division, "affiliated group" has the same meaning as	72304
in division (B)(3)(e) of section 5739.01 of the Revised Code and	72305
"direct marketing" has the same meaning as in division (B)(35) of	72306
this section.	72307

(k) To use or consume the thing transferred to fulfill a	72308
contractual obligation incurred by a warrantor pursuant to a	72309
warranty provided as a part of the price of the tangible personal	72310
property sold or by a vendor of a warranty, maintenance or service	72311
contract, or similar agreement the provision of which is defined	72312
as a sale under division (B)(7) of section 5739.01 of the Revised	72313
Code;	72314

(l) To use or consume the thing transferred in the production	72315
of a newspaper for distribution to the public;	72316

(m) To use tangible personal property to perform a service	72317
listed in division (B)(3) of section 5739.01 of the Revised Code,	72318
if the property is or is to be permanently transferred to the	72319
consumer of the service as an integral part of the performance of	72320
the service;	72321

(n) To use or consume the thing transferred primarily in	72322
producing tangible personal property for sale by farming,	72323
agriculture, horticulture, or floriculture. Persons engaged in	72324
rendering farming, agriculture, horticulture, or floriculture	72325
services for others are deemed engaged primarily in farming,	72326
agriculture, horticulture, or floriculture. This paragraph does	72327
not exempt from "retail sale" or "sales at retail" the sale of	72328
tangible personal property that is to be incorporated into a	72329
structure or improvement to real property.	72330

(o) To use or consume the thing transferred in acquiring,	72331
formatting, editing, storing, and disseminating data or	72332
information by electronic publishing.	72333

As used in division (B)(42) of this section, "thing" includes	72334
all transactions included in divisions (B)(3)(a), (b), and (e) of	72335
section 5739.01 of the Revised Code.	72336

(43) Sales conducted through a coin operated device that	72337
activates vacuum equipment or equipment that dispenses water,	72338
whether or not in combination with soap or other cleaning agents	72339
or wax, to the consumer for the consumer's use on the premises in	72340
washing, cleaning, or waxing a motor vehicle, provided no other	72341
personal property or personal service is provided as part of the	72342
transaction.	72343

(44) Sales of replacement and modification parts for engines,	72344
airframes, instruments, and interiors in, and paint for, aircraft	72345
used primarily in a fractional aircraft ownership program, and	72346
sales of services for the repair, modification, and maintenance of	72347
such aircraft, and machinery, equipment, and supplies primarily	72348
used to provide those services.	72349

(45) Sales of telecommunications service that is used	72350
directly and primarily to perform the functions of a call center.	72351
As used in this division, "call center" means any physical	72352
location where telephone calls are placed or received in high	72353
volume for the purpose of making sales, marketing, customer	72354
service, technical support, or other specialized business	72355
activity, and that employs at least fifty individuals that engage	72356
in call center activities on a full-time basis, or sufficient	72357
individuals to fill fifty full-time equivalent positions.	72358

(46) Sales by a telecommunications service vendor of 900	72359
service to a subscriber. This division does not apply to	72360
information services, as defined in division (FF) of section	72361
5739.01 of the Revised Code.	72362

(47) Sales of value-added non-voice data service. This	72363
division does not apply to any similar service that is not	72364
otherwise a telecommunications service.	72365

(48)(a) Sales of machinery, equipment, and software to a	72366
qualified direct selling entity for use in a warehouse or	72367
distribution center primarily for storing, transporting, or	72368
otherwise handling inventory that is held for sale to independent	72369
salespersons who operate as direct sellers and that is held	72370
primarily for distribution outside this state;	72371

(b) As used in division (B)(48)(a) of this section:

72372

(i) "Direct seller" means a person selling consumer products	72373
to individuals for personal or household use and not from a fixed	72374
retail location, including selling such product at in-home product	72375
demonstrations, parties, and other one-on-one selling.	72376

(ii) "Qualified direct selling entity" means an entity	72377
selling to direct sellers at the time the entity enters into a tax	72378
credit agreement with the tax credit authority pursuant to section	72379
122.17 of the Revised Code, provided that the agreement was	72380
entered into on or after January 1, 2007. Neither contingencies	72381
relevant to the granting of, nor later developments with respect	72382
to, the tax credit shall impair the status of the qualified direct	72383
selling entity under division (B)(48) of this section after	72384
execution of the tax credit agreement by the tax credit authority.	72385

(c) Division (B)(48) of this section is limited to machinery,	72386
equipment, and software first stored, used, or consumed in this	72387
state within the period commencing June 24, 2008, and ending on	72388
the date that is five years after that date.	72389

(49)(a) Sales of materials, parts, equipment, or engines used	72390
in the repair or maintenance of aircraft or avionics systems of	72391
such aircraft, and sales of repair, remodeling, replacement, or	72392
maintenance services in this state performed on aircraft or on an	72393
aircraft's avionics, engine, or component materials or parts. As	72394
used in division (B)(49)(a) of this section, "aircraft" means	72395
aircraft of more than six thousand pounds maximum certified	72396
takeoff weight or used exclusively in general aviation.	72397

(b) Sales of tangible personal property, including materials,	72398
parts, equipment, software, supplies, tools, fuel, catalysts, oil,	72399
acids, and other consumables, or services used or consumed in	72400
performing research and development activities with respect to	72401
aerospace vehicles, the parts, avionics systems, control systems,	72402
engines, software, component materials, or component parts of such	72403
aerospace vehicles, and human performance equipment and technology	72404
associated with operating and testing aerospace vehicles. As used	72405
in division (B)(49)(b) of this section, "aerospace vehicles" means	72406
any manned or unmanned aviation device including, but not limited	72407
to, aircraft, airplanes, helicopters, missiles, rockets, and space	72408
vehicles.	72409

(50) Sales of full flight simulators that are used for pilot	72410
or flight-crew training, sales of repair or replacement parts or	72411
components, and sales of repair or maintenance services for such	72412
full flight simulators. "Full flight simulator" means a replica of	72413
a specific type, or make, model, and series of aircraft cockpit.	72414
It includes the assemblage of equipment and computer programs	72415
necessary to represent aircraft operations in ground and flight	72416
conditions, a visual system providing an out-of-the-cockpit view,	72417
and a system that provides cues at least equivalent to those of a	72418
three-degree-of-freedom motion system, and has the full range of	72419
capabilities of the systems installed in the device as described	72420
in appendices A and B of part 60 of chapter 1 of title 14 of the	72421
Code of Federal Regulations.	72422

(51) Any transfer or lease of tangible personal property	72423
between the state and a successful proposer in accordance with	72424
sections 126.60 to 126.605 of the Revised Code, provided the	72425
property is part of a project as defined in section 126.60 of the	72426
Revised Code and the state retains ownership of the project or	72427
part thereof that is being transferred or leased, between the	72428
state and JobsOhio in accordance with section 4313.02 of the	72429
Revised Code.	72430

(C) For the purpose of the proper administration of this	72431
chapter, and to prevent the evasion of the tax, it is presumed	72432
that all sales made in this state are subject to the tax until the	72433
contrary is established.	72434

(D) The levy of this tax on retail sales of recreation and	72435
sports club service shall not prevent a municipal corporation from	72436
levying any tax on recreation and sports club dues or on any	72437
income generated by recreation and sports club dues.	72438

(E) The tax collected by the vendor from the consumer under	72439
this chapter is not part of the price, but is a tax collection for	72440
the benefit of the state, and of counties levying an additional	72441
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	72442
Code and of transit authorities levying an additional sales tax	72443
pursuant to section 5739.023 of the Revised Code. Except for the	72444
discount authorized under section 5739.12 of the Revised Code and	72445
the effects of any rounding pursuant to section 5703.055 of the	72446
Revised Code, no person other than the state or such a county or	72447
transit authority shall derive any benefit from the collection or	72448
payment of the tax levied by this section or section 5739.021,	72449
5739.023, or 5739.026 of the Revised Code.	72450

Sec. 5743.03. (A) Except as provided in section 5743.04 of	72451
the Revised Code, the taxes imposed under sections 5743.02,	72452
5743.021, 5743.024, and 5743.026 of the Revised Code shall be paid	72453
by the purchase of tax stamps. A tax stamp shall be affixed to	72454
each package of an aggregate denomination not less than the amount	72455
of the tax upon the contents thereof. The tax stamp, so affixed,	72456
shall be prima-facie evidence of payment of the tax.	72457

Except as is provided in the rules prescribed by the tax	72458
commissioner under authority of sections 5743.01 to 5743.20 of the	72459
Revised Code, and unless tax stamps have been previously affixed,	72460
they shall be so affixed by each wholesale dealer, and canceled by	72461
writing or stamping across the face thereof the number assigned to	72462
such wholesale dealer by the tax commissioner for that purpose,	72463
prior to the delivery of any cigarettes to any person in this	72464
state, or in the case of a tax levied pursuant to section	72465
5743.021, 5743.024, or 5743.026 of the Revised Code, prior to the	72466
delivery of cigarettes to any person in the county in which the	72467
tax is levied.	72468

(B) Except as provided in the rules prescribed by the	72469
commissioner under authority of sections 5743.01 to 5743.20 of the	72470
Revised Code, each retail dealer, within twenty-four hours after	72471
the receipt of any cigarettes at the retail dealer's place of	72472
business, shall inspect the cigarettes to ensure that tax stamps	72473
are affixed. The inspection shall be completed before the	72474
cigarettes are delivered to any person in this state, or, in the	72475
case of a tax levied pursuant to section 5743.021, 5743.024, or	72476
5743.026 of the Revised Code, before the cigarettes are delivered	72477
to any person in the county in which the tax is levied.	72478

(C) Whenever any cigarettes are found in the place of	72479
business of any retail dealer without proper tax stamps affixed	72480
thereto and canceled, it is presumed that such cigarettes are kept	72481
therein in violation of sections 5743.01 to 5743.20 of the Revised	72482
Code.	72483

(D) Each wholesale dealer who purchases cigarettes without	72484
proper tax stamps affixed thereto shall, on or before the	72485
thirty-first day of the month following the close of each	72486
semiannual period, which period shall end on the thirtieth day of	72487
June and the thirty-first day of December of each year, make and	72488
file a return of the preceding semiannual period, on such form as	72489
is prescribed by the tax commissioner, showing the dealer's entire	72490
purchases and sales of cigarettes and stamps or impressions for	72491
such semiannual period and accurate inventories as of the	72492
beginning and end of each semiannual period of cigarettes, stamped	72493
or unstamped; cigarette tax stamps affixed or unaffixed and unused	72494
meter impressions; and such other information as the commissioner	72495
finds necessary to the proper administration of sections 5743.01	72496
to 5743.20 of the Revised Code. The commissioner may extend the	72497
time for making and filing returns and may remit all or any part	72498
of amounts of penalties that may become due under sections 5743.01	72499
to 5743.20 of the Revised Code. The wholesale dealer shall deliver	72500
the return together with a remittance of the tax deficiency	72501
reported thereon to the treasurer of state. The treasurer of state	72502
shall stamp or otherwise mark on the return the date it was	72503
received and shall also show thereon by stamp or otherwise a	72504
payment or nonpayment of the deficiency shown by the return.	72505
Thereafter, the treasurer of state shall immediately transmit all	72506
returns filed under this section to the commissioner.	72507

(E) Any wholesale dealer who fails to file a return under	72508
this section and the rules of the commissioner, other than a	72509
report required pursuant to division (F) of this section, may be	72510
required, for each day the dealer so fails, to forfeit and pay	72511
into the state treasury the sum of one dollar as revenue arising	72512
from the tax imposed by sections 5743.01 to 5743.20 of the Revised	72513
Code and such sum may be collected by assessment in the manner	72514
provided in section 5743.081 of the Revised Code. If the	72515
commissioner finds it necessary in order to insure the payment of	72516
the tax imposed by sections 5743.01 to 5743.20 of the Revised	72517
Code, the commissioner may require returns and payments to be made	72518
other than semiannually. The returns shall be signed by the	72519
wholesale dealer or an authorized agent thereof.	72520

(F) Each person required to file a tax return under section	72521
5743.03, 5743.52, or 5743.62 of the Revised Code shall report to	72522
the commissioner the quantity of all cigarettes and roll-your-own	72523
cigarette tobacco sold in Ohio for each brand not covered by the	72524
tobacco master settlement agreement for which the person is liable	72525
for the taxes levied under section 5743.02, 5743.51, or 5743.62 of	72526
the Revised Code.	72527

As used in this division, "tobacco master settlement	72528
agreement" has the same meaning as in section 183.01 of the	72529
Revised Code.	72530

(G) The report required by division (F) of this section shall	72531
be made on a form prescribed by the commissioner and shall be	72532
filed not later than the last day of each month for the previous	72533
month, except that if the commissioner determines that the	72534
quantity reported by a person does not warrant monthly reporting,	72535
the commissioner may authorize reporting at less frequent	72536
intervals. The commissioner may assess a penalty of not more than	72537
two hundred fifty dollars for each month or portion thereof that a	72538
person fails to timely file a required report, and such sum may be	72539
collected by assessment in the manner provided in section 5743.081	72540
of the Revised Code. All money collected under this division shall	72541
be considered as revenue arising from the taxes imposed by	72542
sections 5743.01 to 5743.20 of the Revised Code.	72543

(H) The treasurer of state or an agent of the treasurer may	72544
sell tax stamps only to a licensed wholesale dealer, except as	72545
otherwise authorized by the commissioner. The treasurer or an	72546
agent of the treasurer may charge the costs associated with the	72547
shipment of tax stamps to the licensed wholesale dealer. Amounts	72548
collected from such charges shall be credited to the treasurer of	72549
state's administrative fund created under section 113.20 of the	72550
Revised Code.	72551

Sec. 5743.031. (A) A wholesale dealer may affix stamps only	72552
to packages of cigarettes that the dealer received directly from a	72553
manufacturer or importer of cigarettes that possesses a valid and	72554
current license under section 5743.15 of the Revised Code, or to	72555
packages of cigarettes that the dealer received from another	72556
wholesale dealer that possesses a valid and current license under	72557
section 5743.15 of the Revised Code, provided that the tax	72558
commissioner has authorized the sale of the cigarettes between	72559
those wholesale dealers and that the wholesale dealer that sells	72560
the cigarettes received them directly from a manufacturer or	72561
importer of cigarettes that possesses a valid and current license	72562
under section 5743.15 of the Revised Code.	72563

(B) Only a wholesale dealer that possesses a valid and	72564
current license under section 5743.15 of the Revised Code may	72565
purchase or obtain tax stamps. A wholesale dealer may not sell or	72566
provide such stamps to any other wholesale dealer or any other	72567
person.	72568

(C) Any person shipping unstamped packages of cigarettes into	72569
this state to a person other than a wholesale dealer licensed	72570
under section 5743.15 of the Revised Code shall, before such	72571
shipment, file notice of the shipment with the tax commissioner.	72572
Any person that transports unstamped packages of cigarettes into	72573
or within this state shall carry in the vehicle used to convey the	72574
shipment invoices or equivalent documentation of the shipment for	72575
all cigarettes in the shipment. The invoices or other	72576
documentation shall show the true name and address of the	72577
consignor or seller, the true name and address of the consignee or	72578
purchaser, and the quantity of the cigarettes being transported.	72579
This division does not apply to any ~~common or contract~~for-hire	72580
motor carrier transporting cigarettes through this state to	72581
another location under a proper bill of lading or freight bill	72582
that states the quantity, source, and destination of the	72583
cigarettes.	72584

Sec. 5751.033. For the purposes of this chapter, gross	72585
receipts shall be sitused to this state as follows:	72586

(A) Gross rents and royalties from real property located in	72587
this state shall be sitused to this state.	72588

(B) Gross rents and royalties from tangible personal property	72589
shall be sitused to this state to the extent the tangible personal	72590
property is located or used in this state.	72591

(C) Gross receipts from the sale of electricity and electric	72592
transmission and distribution services shall be sitused to this	72593
state in the manner provided under section 5733.059 of the Revised	72594
Code.	72595

(D) Gross receipts from the sale of real property located in	72596
this state shall be sitused to this state.	72597

(E) Gross receipts from the sale of tangible personal	72598
property shall be sitused to this state if the property is	72599
received in this state by the purchaser. In the case of delivery	72600
of tangible personal property by ~~common~~motor carrier or by other	72601
means of transportation, the place at which such property is	72602
ultimately received after all transportation has been completed	72603
shall be considered the place where the purchaser receives the	72604
property. For purposes of this section, the phrase "delivery of	72605
tangible personal property by ~~common~~motor carrier or by other	72606
means of transportation" includes the situation in which a	72607
purchaser accepts the property in this state and then transports	72608
the property directly or by other means to a location outside this	72609
state. Direct delivery in this state, other than for purposes of	72610
transportation, to a person or firm designated by a purchaser	72611
constitutes delivery to the purchaser in this state, and direct	72612
delivery outside this state to a person or firm designated by a	72613
purchaser does not constitute delivery to the purchaser in this	72614
state, regardless of where title passes or other conditions of	72615
sale.	72616

(F) Gross receipts from the sale, exchange, disposition, or	72617
other grant of the right to use trademarks, trade names, patents,	72618
copyrights, and similar intellectual property shall be sitused to	72619
this state to the extent that the receipts are based on the amount	72620
of use of the property in this state. If the receipts are not	72621
based on the amount of use of the property, but rather on the	72622
right to use the property, and the payor has the right to use the	72623
property in this state, then the receipts from the sale, exchange,	72624
disposition, or other grant of the right to use such property	72625
shall be sitused to this state to the extent the receipts are	72626
based on the right to use the property in this state.	72627

(G) Gross receipts from the sale of transportation services	72628
by a ~~common or contract~~motor carrier shall be sitused to this	72629
state in proportion to the mileage traveled by the carrier during	72630
the tax period on roadways, waterways, airways, and railways in	72631
this state to the mileage traveled by the carrier during the tax	72632
period on roadways, waterways, airways, and railways everywhere.	72633
With prior written approval of the tax commissioner, a ~~common or~~	72634
~~contract~~motor carrier may use an alternative situsing procedure	72635
for transportation services.	72636

(H) Gross receipts from dividends, interest, and other	72637
sources of income from financial instruments described in	72638
divisions (F)(4), (5), (6), (7), (8), (9), (10), (11), and (13) of	72639
section 5733.056 of the Revised Code shall be sitused to this	72640
state in accordance with the situsing provisions set forth in	72641
those divisions. When applying the provisions of divisions (F)(6),	72642
(8), and (13) of section 5733.056 of the Revised Code, "gross	72643
receipts" shall be substituted for "net gains" wherever "net	72644
gains" appears in those divisions. Nothing in this division limits	72645
or modifies the exclusions enumerated in divisions (E) and (F)(2)	72646
of section 5751.01 of the Revised Code. The tax commissioner may	72647
promulgate rules to further specify the manner in which to situs	72648
gross receipts subject to this division.	72649

(I) Gross receipts from the sale of all other services, and	72650
all other gross receipts not otherwise sitused under this section,	72651
shall be sitused to this state in the proportion that the	72652
purchaser's benefit in this state with respect to what was	72653
purchased bears to the purchaser's benefit everywhere with respect	72654
to what was purchased. The physical location where the purchaser	72655
ultimately uses or receives the benefit of what was purchased	72656
shall be paramount in determining the proportion of the benefit in	72657
this state to the benefit everywhere. If a taxpayer's records do	72658
not allow the taxpayer to determine that location, the taxpayer	72659
may use an alternative method to situs gross receipts under this	72660
division if the alternative method is reasonable, is consistently	72661
and uniformly applied, and is supported by the taxpayer's records	72662
as the records exist when the service is provided or within a	72663
reasonable period of time thereafter.	72664

(J) If the situsing provisions of divisions (A) to (H) of	72665
this section do not fairly represent the extent of a person's	72666
activity in this state, the person may request, or the tax	72667
commissioner may require or permit, an alternative method. Such	72668
request by a person must be made within the applicable statute of	72669
limitations set forth in this chapter.	72670

(K) The tax commissioner may adopt rules to provide	72671
additional guidance to the application of this section, and	72672
provide alternative methods of situsing gross receipts that apply	72673
to all persons, or subset of persons, that are engaged in similar	72674
business or trade activities.	72675

(L) As used in this section, "motor carrier" has the same	72676
meaning as in section 4923.01 of the Revised Code.	72677

Sec. 5751.12. The tax commissioner may prescribe	72678
requirements for the keeping of records and other pertinent	72679
documents, the filing of copies of federal income tax returns and	72680
determinations, and computations reconciling federal income tax	72681
returns with the returns and reports required by section 5751.05	72682
of the Revised Code. The commissioner may require any person, by	72683
rule or notice served on that person, to keep those records that	72684
the commissioner considers necessary to show whether, and the	72685
extent to which, a person is subject to this chapter. Those	72686
records and other documents shall be open during business hours to	72687
the inspection of the commissioner, and shall be preserved for a	72688
period of four years unless the commissioner, in writing, consents	72689
to their destruction within that period, or by order requires that	72690
they be kept longer. If such records are normally kept by the	72691
person electronically, the person shall provide such records to	72692
the commissioner electronically at the commissioner's request.	72693

Any information required by the ~~tax~~ commissioner under this	72694
chapter is confidential as provided for in section 5703.21 of the	72695
Revised Code. However, the commissioner shall make public an	72696
electronic list of all actively registered persons required to	72697
remit the tax under this chapter, including legal names, trade	72698
names, addresses, and account numbers. In addition, such list	72699
shall include all persons that cancelled their registration at any	72700
time during the preceding four calendar years, including the date	72701
the registration was cancelled.	72702

Sec. 5753.03. (A) For the purpose of receiving and	72703
distributing, and accounting for, revenue received from the tax	72704
levied by section 5753.02 of the Revised Code, the following funds	72705
are created in the state treasury:	72706

(1) The casino tax revenue fund;

72707

(2) The gross casino revenue county fund;

72708

(3) The gross casino revenue county student fund;

72709

(4) The gross casino revenue host city fund;

72710

(5) The Ohio state racing commission fund;

72711

(6) The Ohio law enforcement training fund;

72712

(7) The problem casino gambling and addictions fund;

72713

(8) The casino control commission fund;

72714

(9) The casino tax administration fund;

72715

(10) The peace officer training academy fund;

72716

(11) The criminal justice services casino tax revenue fund.

72717

(B) All moneys collected from the tax levied under this	72718
chapter shall be deposited into the casino tax revenue fund.	72719

(C) From the casino tax revenue fund the director of budget	72720
and management shall transfer as needed to the tax refund fund	72721
amounts equal to the refunds certified by the tax commissioner	72722
under section 5753.06 of the Revised Code.	72723

(D) After making any transfers required by division (C) of	72724
this section, but not later than the fifteenth day of the month	72725
following the end of each calendar quarter, the director of budget	72726
and management shall transfer amounts to each fund as follows:	72727

(1) Fifty-one per cent to the gross casino revenue county	72728
fund to make payments as required by Section 6(C)(3)(a) of Article	72729
XV, Ohio Constitution;	72730

(2) Thirty-four per cent to the gross casino revenue county	72731
student fund to make payments as required by Section 6(C)(3)(b) of	72732
Article XV, Ohio Constitution;	72733

(3) Five per cent to the gross casino revenue host city fund	72734
for the benefit of the cities in which casino facilities are	72735
located;	72736

(4) Three per cent to the Ohio state racing commission fund	72737
to support the efforts and activities of the Ohio state racing	72738
commission to promote horse racing in this state at which the	72739
pari-mutuel system of wagering is conducted;	72740

(5) Two per cent to the Ohio law enforcement training fund to	72741
support law enforcement functions in the state;	72742

(6) Two per cent to the problem casino gambling and	72743
addictions fund to support efforts of the department of alcohol	72744
and drug addiction services to alleviate problem gambling and	72745
substance abuse and related research in the state under section	72746
3793.032 of the Revised Code;	72747

(7) Three per cent to the casino control commission fund to	72748
support the operations of the Ohio casino control commission and	72749
to defray the cost of administering the tax levied under section	72750
5753.02 of the Revised Code.	72751

Payments under divisions (D)(1), (2), and (3) of this section	72752
shall be made by the end of the month following the end of the	72753
quarterly period. The tax commissioner shall make the data	72754
available to the director of budget and management for this	72755
purpose.	72756

Of the money credited to the Ohio law enforcement training	72757
fund, the director of budget and management shall distribute	72758
eighty-five per cent of the money to the police officer training	72759
academy fund for the purpose of supporting the law enforcement	72760
training efforts of the Ohio peace officer training academy and	72761
fifteen per cent of the money to the criminal justice services	72762
casino tax revenue fund for the purpose of supporting the law	72763
enforcement training efforts of the division of criminal justice	72764
services.	72765

(E) The director of budget and management shall transfer one	72766
per cent of the money credited to the casino control commission	72767
fund to the casino tax administration fund. The tax commissioner	72768
shall use the casino tax administration fund to defray the costs	72769
incurred in administering the tax levied by this chapter.	72770

Sec. 6109.21. (A) Except as provided in divisions ~~(D)~~(I) and	72771
~~(E)~~(J) of this section, ~~on and after January 1, 1994,~~ no person	72772
shall operate ~~or maintain~~ a public water system in this state	72773
without a license issued by the director of environmental	72774
protection. ~~A person who operates or maintains a public water~~	72775
~~system on January 1, 1994, shall obtain an initial license under~~	72776
~~this section in accordance with the following schedule:~~	72777

~~(1) If the public water system is a community water system,~~	72778
~~not later than January 31, 1994;~~	72779

~~(2) If the public water system is not a community water~~	72780
~~system and serves a nontransient population, not later than~~	72781
~~January 31, 1994;~~	72782

~~(3) If the public water system is not a community water~~	72783
~~system and serves a transient population, not later than January~~	72784
~~31, 1995.~~	72785

~~A person proposing to operate or maintain a new public water~~	72786
~~system after January 1, 1994, in addition to complying with~~	72787
~~section 6109.07 of the Revised Code and rules adopted under it,~~	72788
~~shall submit an application for an initial license under this~~	72789
~~section to the director prior to commencing operation of the~~	72790
~~system.~~	72791

~~A license or license renewal issued under this section shall~~	72792
~~be renewed annually. Such a license or license renewal shall~~	72793
~~expire on the thirtieth day of January in the year following its~~	72794
~~issuance. A license holder that proposes to continue operating the~~	72795
~~public water system for which the license or license renewal was~~	72796
~~issued shall apply for a license renewal at least thirty days~~	72797
~~prior to that expiration date.~~	72798

~~The director shall adopt, and may amend and rescind, rules in~~	72799
~~accordance with Chapter 119. of the Revised Code establishing~~	72800
~~procedures governing and information to be included on~~	72801
~~applications for licenses and license renewals under this section.~~	72802
~~Through~~(B)(1) A person who proposes to operate a new public water	72803
system, in addition to complying with section 6109.07 of the	72804
Revised Code and rules adopted under it, shall obtain an initial	72805
license from the director. The person shall submit an application	72806
for the initial license at least forty-five days prior to	72807
commencing the operation of the system.	72808

(C) A license shall expire on the thirtieth day of January in	72809
the year following its issuance.	72810

(D) A license shall be renewed annually. A person proposing	72811
to continue operating a public water system shall apply for a	72812
license renewal at least thirty days prior to the expiration date	72813
of the license.	72814

(E) Through June 30, 2014, each application for a license or	72815
license renewal shall be accompanied by the appropriate fee	72816
established under division (M) of section 3745.11 of the Revised	72817
Code~~, provided that~~. However, an applicant for an initial license	72818
who is proposing to operate ~~or maintain~~ a new public water system	72819
~~after January 1, 1994,~~ shall submit a fee that equals a prorated	72820
amount of the appropriate fee established under that division for	72821
the remainder of the licensing year.	72822

~~(B)~~(F) Not later than thirty days after receiving a completed	72823
application and the appropriate license fee for ~~an initial~~a	72824
license ~~under division (A) of this section, the director shall~~	72825
~~issue the~~or license renewal for ~~the~~a public water system~~. Not~~	72826
~~later than thirty days after receiving a completed application and~~	72827
~~the appropriate license fee for a license renewal under division~~	72828
~~(A) of this section~~, the director shall do one of the following:	72829

(1) Issue the license or license renewal for the public water	72830
system;	72831

(2) Issue the license or license renewal subject to terms and	72832
conditions that the director determines are necessary to ensure	72833
compliance with this chapter and rules adopted under it;	72834

(3) Deny the license or license renewal if the director finds	72835
that the public water system ~~was not~~cannot be operated in	72836
substantial compliance with this chapter and rules adopted under	72837
it.	72838

~~(C)~~(G) The director may condition, suspend, or revoke a	72839
license or license renewal issued under this section at any time	72840
if the director finds that the public water system was not or will	72841
not be operated in substantial compliance with this chapter and	72842
rules adopted under it. ~~The director shall adopt, and may amend~~	72843
~~and rescind, rules in accordance with Chapter 119. of the Revised~~	72844
~~Code governing such suspensions and revocations.~~	72845

~~(D)~~(H) The director shall adopt rules in accordance with	72846
Chapter 119. of the Revised Code establishing procedures and	72847
requirements governing both of the following:	72848

(1) Information to be included on applications for licenses	72849
and license renewals issued under this section;	72850

(2) The issuance, conditioning, suspension, revocation, and	72851
denial of licenses and license renewals under this section.	72852

(I)(1) As used in division ~~(D)~~(I) of this section, "church"	72853
means a fellowship of believers, congregation, society,	72854
corporation, convention, or association that is formed primarily	72855
or exclusively for religious purposes and that is not formed or	72856
operated for the private profit of any person.	72857

(2) This section does not apply to a church that operates or	72858
maintains a public water system solely to provide water for that	72859
church or for a campground that is owned by the church and	72860
operated primarily or exclusively for members of the church and	72861
their families. ~~A church that, on or before March 5, 1996, has~~	72862
~~obtained a license under this section for such a public water~~	72863
~~system need not obtain a license renewal under this section.~~	72864

~~(E)~~(J) This section does not apply to any public or nonpublic	72865
school that meets minimum standards of the state board of	72866
education that operates or maintains a public water system solely	72867
to provide water for that school.	72868

~~(F)~~(K) The environmental protection agency shall collect well	72869
log filing fees on behalf of the division of soil and water	72870
resources in the department of natural resources in accordance	72871
with section 1521.05 of the Revised Code and rules adopted under	72872
it. The fees shall be submitted to the division quarterly as	72873
provided in those rules.	72874

Sec. 6111.46. (A) The environmental protection agency shall	72875
exercise general supervision of the treatment and disposal of	72876
sewage and industrial wastes and the operation and maintenance of	72877
works or means installed for the collection, treatment, and	72878
disposal of sewage and industrial wastes. Such general supervision	72879
shall apply to all features of construction, operation, and	72880
maintenance of the works or means that do or may affect the proper	72881
treatment and disposal of sewage and industrial wastes.	72882

(B)(1) The agency shall investigate the works or means	72883
employed in the collection, treatment, and disposal of sewage and	72884
industrial wastes whenever considered necessary or whenever	72885
requested to do so by local health officials and may issue and	72886
enforce orders and shall adopt rules governing the operation and	72887
maintenance of the works or means of treatment and disposal of	72888
such sewage and industrial wastes. In adopting rules under this	72889
section, the agency shall establish standards governing the	72890
construction, operation, and maintenance of the works or means of	72891
collection, treatment, and disposal of sewage that is generated at	72892
recreational vehicle parks, recreation camps, combined park-camps,	72893
and temporary park-camps that are separate from such standards	72894
relative to manufactured home parks.	72895

(2) As used in division (B)(1) of this section:

72896

(a) "Manufactured home parks" has the same meaning as in	72897
section ~~3733.01~~4781.01 of the Revised Code.	72898

(b) "Recreational vehicle parks," "recreation camps,"	72899
"combined park-camps," and "temporary park-camps" have the same	72900
meanings as in section 3729.01 of the Revised Code.	72901

(C) The agency may require the submission of records and data	72902
of construction, operation, and maintenance, including plans and	72903
descriptions of existing works or means of treatment and disposal	72904
of such sewage and industrial wastes. When the agency requires the	72905
submission of such records or information, the public officials or	72906
person, firm, or corporation having the works in charge shall	72907
comply promptly with that order.	72908

Sec. 6117.39. (A) Except as provided in division (B) of this	72909
section, whenever, in the opinion of the board of county	72910
commissioners, it is necessary to acquire real estate or any	72911
interest in real estate for the acquisition, construction,	72912
maintenance, or operation of any sewer, drainage, or other	72913
improvement authorized by this chapter, or to acquire the right to	72914
construct, maintain, and operate the sewer, drainage, or other	72915
improvement in and upon any property within or outside of a county	72916
sewer district, it may purchase the real estate, interest in real	72917
estate, or right by negotiation. If the board and the owner of the	72918
real estate, interest in real estate, or right are unable to agree	72919
upon its purchase and sale, or the amount of damages to be awarded	72920
for it, the board may appropriate the real estate, interest, or	72921
right in accordance with sections 163.01 to 163.22 of the Revised	72922
Code, except that the board, in the exercise of the powers granted	72923
by this section or any other section of this chapter, may not	72924
appropriate real estate or personal property owned by a municipal	72925
corporation.	72926

(B)(1) For the purposes of division (B) of this section,	72927
~~either~~any of the following constitutes a public exigency:	72928

(a) A finding by the director of environmental protection	72929
that a public health nuisance caused by an occasion of unavoidable	72930
urgency and suddenness due to unsanitary conditions compels the	72931
immediate construction of sewers for the protection of the public	72932
health and welfare;	72933

(b) The issuance of an order by the board of health of a	72934
health district to mitigate or abate a public health nuisance that	72935
is caused by an occasion of unavoidable urgency and suddenness due	72936
to unsanitary conditions and compels the immediate construction of	72937
sewers for the protection of the public health and welfare;	72938

(c) With respect to an affected parcel of property, an	72939
improvement required as a result of a federally imposed or	72940
state-imposed consent decree that prohibits future sewer inflows,	72941
combined sewer overflows, or sewer back-ups.	72942

(2) If the board of county commissioners is unable to	72943
purchase property for the purpose of ~~the construction of sewers to~~	72944
~~mitigate or abate the public health nuisance that is the subject~~	72945
~~of a finding of the director or an order of the board of health~~	72946
addressing a public exigency pursuant to division (B) of this	72947
section, the board of county commissioners may adopt a resolution	72948
finding that it is necessary for the protection of the public	72949
health and welfare to appropriate property that the board of	72950
county commissioners considers needed for that purpose. The	72951
resolution shall contain a definite, accurate, and detailed	72952
description of the property and the name and place of residence,	72953
if known or with reasonable diligence ascertainable, of the owners	72954
of the property to be appropriated.	72955

The board of county commissioners shall fix in its resolution	72956
what it considers to be the value of the property to be	72957
appropriated, which shall be the board's determination of the	72958
compensation for the property and shall be supported by an	72959
independent appraisal, together with any damages to the residue.	72960
The board shall deposit the compensation so determined, together	72961
with an amount for the damages to the residue, with the probate	72962
court or the court of common pleas of the county in which the	72963
property, or a part of it, is situated. Except as otherwise	72964
provided in this division, the power to appropriate property for	72965
the purposes of this division shall be exercised in the manner	72966
provided in sections 163.01 to 163.22 of the Revised Code for an	72967
appropriation in the time of public exigency. The board's	72968
resolution and a written copy of the independent appraisal shall	72969
accompany the petition filed under section 163.05 of the Revised	72970
Code.	72971

Sec. 6119.11. (A) Except as provided in division (B) of this	72972
section, the board of trustees of a regional water and sewer	72973
district may condemn for the use of the district any public or	72974
private land, easement, rights, rights-of-way, franchises, or	72975
other property within or without the district required by it for	72976
the accomplishment of its purposes according to the procedure set	72977
forth in sections 163.01 to 163.22 of the Revised Code.	72978

(B)(1) For the purposes of division (B) of this section,	72979
~~either~~any of the following constitutes a public exigency:	72980

(a) A finding by the director of environmental protection	72981
that a public health nuisance caused by an occasion of unavoidable	72982
urgency and suddenness due to unsanitary conditions compels the	72983
immediate construction of sewers for the protection of the public	72984
health and welfare;	72985

(b) The issuance of an order by the board of health of a	72986
health district to mitigate or abate a public health nuisance that	72987
is caused by an occasion of unavoidable urgency and suddenness due	72988
to unsanitary conditions and compels the immediate construction of	72989
sewers for the protection of the public health and welfare;	72990

(c) With respect to an affected parcel of property, an	72991
improvement required as a result of a federally imposed or	72992
state-imposed consent decree that prohibits future sewer inflows,	72993
combined sewer overflows, or sewer back-ups.	72994

(2) If the board of trustees of a regional water and sewer	72995
district is unable to purchase property for the purpose of ~~the~~	72996
~~construction of sewers to mitigate or abate the public health~~	72997
~~nuisance that is the subject of a finding of the director or an~~	72998
~~order of the board of health~~addressing a public exigency pursuant	72999
to division (B) of this section, the board of trustees may adopt a	73000
resolution finding that it is necessary for the protection of the	73001
public health and welfare to appropriate property that the board	73002
of trustees considers needed for that purpose. The resolution	73003
shall contain a definite, accurate, and detailed description of	73004
the property and the name and place of residence, if known or with	73005
reasonable diligence ascertainable, of the owners of the property	73006
to be appropriated.	73007

The board of trustees shall fix in its resolution what it	73008
considers to be the value of the property to be appropriated,	73009
which shall be the board's determination of the compensation for	73010
the property and shall be supported by an independent appraisal,	73011
together with any damages to the residue. The board shall deposit	73012
the compensation so determined, together with an amount for the	73013
damages to the residue, with the probate court or the court of	73014
common pleas of the county in which the property, or a part of it,	73015
is situated. Except as otherwise provided in this division, the	73016
power to appropriate property for the purposes of this division	73017
shall be exercised in the manner provided in sections 163.01 to	73018
163.22 of the Revised Code for an appropriation in the time of	73019
public exigency. The board's resolution and a written copy of the	73020
independent appraisal shall accompany the petition filed under	73021
section 163.05 of the Revised Code.	73022

Section 101.02. That existing sections 7.10, 7.16, 9.34,	73023
102.02, 103.05, 105.41, 109.57, 109.572, 109.801, 119.032, 121.04,	73024
121.08, 121.083, 121.084, 122.07, 123.01, 123.011, 123.024,	73025
123.04, 123.07, 123.08, 123.09, 123.10, 123.101, 123.11, 123.13,	73026
123.14, 123.15, 123.152, 123.17, 123.21, 123.46, 123.47, 123.48,	73027
123.49, 123.77, 124.04, 124.06, 124.11, 124.12, 124.14, 124.231,	73028
124.241, 124.25, 124.26, 124.27, 124.30, 124.31, 125.082, 125.14,	73029
126.14, 135.35, 140.01, 140.03, 140.05, 140.08, 145.01, 145.012,	73030
149.43, 151.01, 152.18, 152.24, 153.01, 153.011, 153.013, 153.02,	73031
153.04, 153.06, 153.07, 153.08, 153.09, 153.11, 153.12, 153.14,	73032
153.16, 153.17, 153.502, 153.503, 153.53, 154.01, 167.04, 173.14,	73033
173.21, 173.23, 173.26, 173.27, 173.391, 173.394, 173.40, 173.42,	73034
173.45, 173.46, 185.01, 185.02, 185.03, 185.05, 185.06, 185.07,	73035
185.09, 185.12, 306.04, 306.36, 306.55, 313.121, 313.122, 313.16,	73036
329.01, 329.40, 329.41, 329.42, 329.43, 329.44, 329.45, 329.46,	73037
330.04, 339.091, 340.03, 340.05, 340.091, 705.18, 749.04, 749.05,	73038
749.18, 901.54, 924.51, 955.16, 955.26, 991.02, 1121.23, 1155.03,	73039
1163.05, 1315.141, 1317.05, 1321.37, 1321.53, 1321.531, 1322.03,	73040
1322.031, 1345.05, 1501.04, 1502.01, 1502.02, 1502.03, 1502.04,	73041
1502.05, 1502.06, 1502.07, 1502.12, 1502.99, 1503.012, 1503.43,	73042
1506.42, 1509.071, 1509.36, 1533.10, 1541.26, 1551.33, 1555.02,	73043
1555.03, 1555.04, 1555.05, 1555.06, 1571.14, 1707.08, 1707.391,	73044
1724.03, 1733.47, 1751.01, 1751.02, 1751.13, 1761.26, 1901.06,	73045
1901.18, 1907.13, 1909.11, 1923.01, 1923.02, 1923.061, 1923.15,	73046
2151.33, 2151.412, 2151.86, 2152.121, 2152.22, 2301.01, 2301.03,	73047
2301.18, 2301.20, 2301.21, 2301.22, 2301.23, 2301.24, 2301.25,	73048
2301.26, 2301.27, 2301.271, 2301.571, 2305.01, 2305.02, 2307.89,	73049
2317.02, 2317.422, 2317.56, 2319.27, 2501.02, 2501.16, 2501.17,	73050
2503.01, 2743.02, 2743.09, 2743.10, 2743.48, 2746.01, 2746.03,	73051
2746.04, 2901.01, 2903.33, 2907.29, 2909.21, 2909.28, 2927.023,	73052
2929.01, 2929.19, 2935.01, 2935.03, 2939.11, 2945.371, 2945.38,	73053
2945.39, 2945.40, 2945.401, 2961.22, 2967.03, 2967.05, 2967.14,	73054
2967.19, 2967.191, 2967.26, 2967.28, 2981.11, 2981.14, 3109.14,	73055
3125.41, 3301.55, 3304.14, 3304.16, 3304.181, 3304.182, 3305.01,	73056
3305.02, 3305.03, 3305.04, 3305.05, 3305.053, 3305.06, 3313.65,	73057
3313.71, 3313.976, 3313.978, 3313.979, 3318.034, 3318.08, 3318.10,	73058
3318.30, 3318.31, 3318.36, 3318.37, 3318.70, 3333.04, 3333.041,	73059
3333.123, 3333.21, 3333.60, 3333.61, 3333.71, 3333.72, 3334.08,	73060
3345.16, 3345.28, 3345.50, 3345.51, 3345.54, 3345.69, 3345.692,	73061
3347.03, 3383.02, 3383.07, 3517.20, 3701.021, 3701.023, 3701.024,	73062
3701.025, 3701.03, 3701.05, 3701.07, 3701.072, 3701.11, 3701.132,	73063
3701.146, 3701.161, 3701.20, 3701.201, 3701.21, 3701.221, 3701.23,	73064
3701.232, 3701.24, 3701.241, 3701.242, 3701.248, 3701.341,	73065
3701.342, 3701.343, 3701.344, 3701.345, 3701.347, 3701.352,	73066
3701.40, 3701.503, 3701.507, 3701.508, 3701.509, 3701.57, 3701.63,	73067
3701.74, 3701.87, 3701.881, 3702.141, 3702.31, 3702.51, 3702.52,	73068
3702.522, 3702.523, 3702.524, 3702.525, 3702.526, 3702.53,	73069
3702.531, 3702.54, 3702.55, 3702.56, 3702.57, 3702.59, 3702.592,	73070
3702.593, 3702.594, 3702.60, 3702.62, 3703.01, 3703.03, 3703.04,	73071
3703.05, 3703.06, 3703.07, 3703.08, 3703.10, 3703.21, 3703.99,	73072
3704.035, 3705.24, 3705.242, 3705.30, 3706.19, 3709.03, 3709.04,	73073
3709.06, 3709.085, 3709.09, 3709.092, 3709.32, 3709.35, 3710.01,	73074
3710.02, 3710.04, 3710.05, 3710.051, 3710.06, 3710.07, 3710.08,	73075
3710.09, 3710.10, 3710.12, 3710.13, 3710.17, 3711.04, 3711.06,	73076
3711.08, 3711.12, 3711.21, 3712.03, 3712.04, 3712.09, 3713.01,	73077
3713.02, 3713.03, 3713.04, 3713.05, 3713.06, 3713.07, 3713.08,	73078
3713.09, 3713.10, 3714.073, 3715.01, 3715.025, 3715.60, 3715.61,	73079
3715.62, 3715.68, 3715.87, 3716.01, 3716.03, 3717.01, 3717.04,	73080
3717.05, 3717.07, 3717.45, 3717.51, 3718.02, 3718.021, 3718.022,	73081
3718.05, 3718.06, 3718.07, 3718.09, 3721.01, 3721.011, 3721.02,	73082
3721.03, 3721.032, 3721.04, 3721.07, 3721.071, 3721.121, 3721.13,	73083
3721.21, 3721.28, 3721.29, 3721.50, 3721.51, 3723.06, 3723.07,	73084
3723.09, 3725.02, 3727.01, 3727.42, 3729.01, 3729.02, 3729.03,	73085
3729.04, 3729.07, 3729.08, 3730.10, 3733.02, 3733.021, 3733.022,	73086
3733.024, 3733.025, 3733.03, 3733.04, 3733.05, 3733.06, 3733.07,	73087
3733.08, 3733.09, 3733.091, 3733.10, 3733.101, 3733.11, 3733.12,	73088
3733.121, 3733.122, 3733.123, 3733.13, 3733.14, 3733.15, 3733.16,	73089
3733.17, 3733.18, 3733.19, 3733.20, 3733.41, 3733.42, 3734.01,	73090
3734.131, 3734.15, 3734.51, 3734.55, 3734.79, 3734.82, 3735.37,	73091
3737.83, 3737.841, 3742.01, 3742.02, 3742.03, 3742.04, 3742.05,	73092
3742.30, 3742.31, 3742.32, 3742.47, 3742.50, 3743.04, 3743.06,	73093
3743.19, 3743.25, 3745.01, 3745.05, 3745.11, 3745.112, 3748.04,	73094
3748.05, 3748.07, 3748.10, 3748.12, 3748.13, 3748.15, 3748.20,	73095
3749.02, 3749.03, 3749.04, 3752.06, 3770.06, 3781.03, 3781.06,	73096
3781.102, 3781.11, 3781.112, 3783.05, 3791.02, 3791.04, 3791.05,	73097
3791.07, 3791.11, 3791.12, 3793.04, 3793.09, 3905.36, 4104.01,	73098
4104.02, 4104.06, 4104.07, 4104.08, 4104.09, 4104.10, 4104.101,	73099
4104.12, 4104.15, 4104.16, 4104.17, 4104.18, 4104.19, 4104.21,	73100
4104.33, 4104.42, 4104.43, 4104.44, 4104.48, 4105.01, 4105.02,	73101
4105.03, 4105.04, 4105.05, 4105.06, 4105.09, 4105.11, 4105.12,	73102
4105.13, 4105.15, 4105.16, 4105.17, 4105.191, 4105.20, 4105.21,	73103
4115.10, 4115.101, 4121.123, 4121.30, 4123.20, 4123.35, 4123.54,	73104
4123.57, 4141.35, 4163.07, 4169.02, 4169.03, 4169.04, 4171.04,	73105
4301.30, 4303.181, 4303.22, 4313.02, 4501.01, 4501.06, 4501.271,	73106
4503.031, 4503.061, 4503.062, 4503.81, 4506.01, 4506.03, 4506.22,	73107
4506.25, 4507.01, 4507.011, 4507.12, 4507.51, 4508.02, 4510.037,	73108
4510.038, 4511.191, 4511.78, 4511.98, 4513.18, 4513.263, 4513.50,	73109
4712.01, 4723.481, 4730.42, 4731.052, 4731.22, 4735.01, 4735.02,	73110
4735.052, 4735.10, 4735.13, 4735.14, 4735.141, 4735.142, 4735.74,	73111
4736.01, 4740.03, 4740.11, 4740.14, 4743.05, 4763.05, 4765.07,	73112
4773.08, 4781.01, 4781.02, 4781.04, 4781.07, 4781.09, 4781.14,	73113
4781.15, 4781.16, 4781.99, 4905.01, 4905.02, 4905.03, 4905.05,	73114
4905.06, 4905.402, 4905.54, 4905.57, 4905.58, 4905.84, 4905.90,	73115
4907.01, 4907.02, 4907.04, 4907.08, 4907.19, 4907.28, 4907.35,	73116
4907.37, 4907.43, 4907.49, 4907.57, 4907.59, 4907.60, 4907.61,	73117
4907.62, 4909.01, 4909.02, 4909.03, 4909.17, 4909.22, 4909.24,	73118
4909.28, 4911.01, 4927.01, 4929.01, 4929.02, 4929.041, 4933.18,	73119
4933.19, 4939.01, 4953.04, 4961.03, 4965.54, 5101.01, 5101.46,	73120
5101.60, 5101.61, 5104.012, 5104.013, 5104.051, 5104.09, 5104.37,	73121
5107.05, 5107.16, 5107.17, 5111.01, 5111.013, 5111.014, 5111.0115,	73122
5111.0120, 5111.031, 5111.032, 5111.033, 5111.034, 5111.06,	73123
5111.091, 5111.113, 5111.16, 5111.161, 5111.171, 5111.20,	73124
5111.222, 5111.23, 5111.242, 5111.254, 5111.862, 5111.874,	73125
5111.877, 5111.878, 5111.89, 5111.894, 5111.941, 5111.97, 5112.31,	73126
5112.33, 5112.341, 5112.37, 5112.371, 5112.39, 5119.22, 5119.61,	73127
5119.69, 5119.691, 5119.99, 5120.036, 5120.105, 5120.132, 5120.66,	73128
5122.31, 5123.01, 5123.033, 5123.042, 5123.044, 5123.0412,	73129
5123.0414, 5123.0415, 5123.081, 5123.16, 5123.161, 5123.162,	73130
5123.163, 5123.164, 5123.166, 5123.169, 5123.171, 5123.19,	73131
5123.31, 5123.38, 5123.41, 5123.50, 5123.51, 5123.542, 5123.61,	73132
5123.89, 5126.023, 5126.0220, 5126.0221, 5126.043, 5126.046,	73133
5126.055, 5126.13, 5126.15, 5126.20, 5126.21, 5126.22, 5126.25,	73134
5126.251, 5126.51, 5139.41, 5139.43, 5149.311, 5155.14, 5501.04,	73135
5501.07, 5502.01, 5502.011, 5503.02, 5503.04, 5503.21, 5503.22,	73136
5503.23, 5503.34, 5701.13, 5703.05, 5705.08, 5705.19, 5705.25,	73137
5705.28, 5705.30, 5705.34, 5705.35, 5705.38, 5709.084, 5709.12,	73138
5709.121, 5709.212, 5709.62, 5709.63, 5709.632, 5709.73, 5713.03,	73139
5719.13, 5725.14, 5725.15, 5725.16, 5725.17, 5725.22, 5725.221,	73140
5731.39, 5733.064, 5739.01, 5739.02, 5743.03, 5743.031, 5751.033,	73141
5751.12, 5753.03, 6109.21, 6111.46, 6117.39, and 6119.11 of the	73142
Revised Code are hereby repealed.	73143

Section 105.01. That sections 185.04, 185.08, 185.10,	73144
185.11, 2301.19, 2909.32, 2909.33, 2909.34, 3301.68, 3333.049,	73145
3333.0411, 3333.33, 3333.70, 3333.80, 3334.111, 3354.23,	73146
3701.02, 3701.032, 3701.12, 3701.33, 3701.34, 3701.35,	73147
3702.521, 3702.5210, 3702.5211, 3702.5212, 3702.5213, 3702.58,	73148
3702.591, 3733.01, 3733.031, 3745.111, 3781.183, 3791.043,	73149
4113.11, 4121.18, 4905.80, 4905.801, 4905.81, 4905.82, 4905.83,	73150
4919.75, 4919.76, 4919.77, 4919.78, 4919.79, 4919.99, 4921.01,	73151
4921.02, 4921.03, 4921.04, 4921.05, 4921.06, 4921.07, 4921.08,	73152
4921.09, 4921.10, 4921.101, 4921.11, 4921.12, 4921.13, 4921.14,	73153
4921.15, 4921.16, 4921.17, 4921.18, 4921.19, 4921.20, 4921.23,	73154
4921.24, 4921.25, 4921.26, 4921.27, 4921.28, 4921.30, 4921.31,	73155
4921.32, 4921.35, 4921.36, 4921.37, 4921.38, 4921.39, 4921.40,	73156
4921.99, 4923.01, 4923.02, 4923.03, 4923.04, 4923.05, 4923.06,	73157
4923.07, 4923.08, 4923.09, 4923.10, 4923.11, 4923.12, 4923.13,	73158
4923.14, 4923.17, 4923.20, 4923.26, 4923.99, 5101.97, 5111.651,	73159
5119.614, 5119.692, 5119.693, 5119.70, 5119.701, 5119.71,	73160
5119.711, 5119.712, 5119.72, 5119.73, 5119.731, 5119.74, 5119.75,	73161
5119.76, 5119.77, 5119.78, 5119.79, 5119.80, 5119.81, 5119.82,	73162
5119.83, 5119.84, 5119.85, 5119.86, 5119.87, 5119.88, 5123.082,	73163
5123.083, 5123.192, 5126.0222, 5126.252, 5126.26, 5126.27,	73164
5126.28, 5126.281, 5126.29, and 5501.09 of the Revised Code are	73165
hereby repealed.	73166

Section 105.10. Section 3356.10 of the Revised Code is hereby	73167
repealed, effective five years after the effective date of that	73168
section.	73169

Section 110.10. That the version of section 5122.31 of the	73170
Revised Code that is scheduled to take effect on October 1, 2012,	73171
be amended to read as follows:	73172

Sec. 5122.31. (A) All certificates, applications, records,	73173
and reports made for the purpose of this chapter and sections	73174
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	73175
Code, other than court journal entries or court docket entries,	73176
and directly or indirectly identifying a patient or former patient	73177
or person whose hospitalization has been sought under this	73178
chapter, shall be kept confidential and shall not be disclosed by	73179
any person except:	73180

(1) If the person identified, or the person's legal guardian,	73181
if any, or if the person is a minor, the person's parent or legal	73182
guardian, consents, and if the disclosure is in the best interests	73183
of the person, as may be determined by the court for judicial	73184
records and by the chief clinical officer for medical records;	73185

(2) When disclosure is provided for in this chapter or	73186
section 5123.601 of the Revised Code;	73187

(3) That hospitals, boards of alcohol, drug addiction, and	73188
mental health services, and community mental health agencies may	73189
release necessary medical information to insurers and other	73190
third-party payers, including government entities responsible for	73191
processing and authorizing payment, to obtain payment for goods	73192
and services furnished to the patient;	73193

(4) Pursuant to a court order signed by a judge;

73194

(5) That a patient shall be granted access to the patient's	73195
own psychiatric and medical records, unless access specifically is	73196
restricted in a patient's treatment plan for clear treatment	73197
reasons;	73198

(6) That hospitals and other institutions and facilities	73199
within the department of mental health may exchange psychiatric	73200
records and other pertinent information with other hospitals,	73201
institutions, and facilities of the department, and with community	73202
mental health agencies and boards of alcohol, drug addiction, and	73203
mental health services with which the department has a current	73204
agreement for patient care or services. Records and information	73205
that may be released pursuant to this division shall be limited to	73206
medication history, physical health status and history, financial	73207
status, summary of course of treatment in the hospital, summary of	73208
treatment needs, and a discharge summary, if any.	73209

(7) That hospitals within the department, other institutions	73210
and facilities within the department, hospitals licensed by the	73211
department under section 5119.20 of the Revised Code, and	73212
community mental health agencies may exchange psychiatric records	73213
and other pertinent information with payers and other providers of	73214
treatment and health services if the purpose of the exchange is to	73215
facilitate continuity of care for a patient;	73216

(8) That a patient's family member who is involved in the	73217
provision, planning, and monitoring of services to the patient may	73218
receive medication information, a summary of the patient's	73219
diagnosis and prognosis, and a list of the services and personnel	73220
available to assist the patient and the patient's family, if the	73221
patient's treating physician determines that the disclosure would	73222
be in the best interests of the patient. No such disclosure shall	73223
be made unless the patient is notified first and receives the	73224
information and does not object to the disclosure.	73225

(9) That community mental health agencies may exchange	73226
psychiatric records and certain other information with the board	73227
of alcohol, drug addiction, and mental health services and other	73228
agencies in order to provide services to a person involuntarily	73229
committed to a board. Release of records under this division shall	73230
be limited to medication history, physical health status and	73231
history, financial status, summary of course of treatment, summary	73232
of treatment needs, and discharge summary, if any.	73233

(10) That information may be disclosed to the executor or the	73234
administrator of an estate of a deceased patient when the	73235
information is necessary to administer the estate;	73236

(11) That records in the possession of the Ohio historical	73237
society may be released to the closest living relative of a	73238
deceased patient upon request of that relative;	73239

(12) That information may be disclosed to staff members of	73240
the appropriate board or to staff members designated by the	73241
director of mental health for the purpose of evaluating the	73242
quality, effectiveness, and efficiency of services and determining	73243
if the services meet minimum standards. Information obtained	73244
during such evaluations shall not be retained with the name of any	73245
patient.	73246

(13) That records pertaining to the patient's diagnosis,	73247
course of treatment, treatment needs, and prognosis shall be	73248
disclosed and released to the appropriate prosecuting attorney if	73249
the patient was committed pursuant to section 2945.38, 2945.39,	73250
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	73251
attorney designated by the board for proceedings pursuant to	73252
involuntary commitment under this chapter.	73253

(14) That the department of mental health may exchange	73254
psychiatric hospitalization records, other mental health treatment	73255
records, and other pertinent information with the department of	73256
rehabilitation and correction to ensure continuity of care for	73257
inmates who are receiving mental health services in an institution	73258
of the department of rehabilitation and correction. The department	73259
shall not disclose those records unless the inmate is notified,	73260
receives the information, and does not object to the disclosure.	73261
The release of records under this division is limited to records	73262
regarding an inmate's medication history, physical health status	73263
and history, summary of course of treatment, summary of treatment	73264
needs, and a discharge summary, if any.	73265

(15) That a community mental health agency that ceases to	73266
operate may transfer to either a community mental health agency	73267
that assumes its caseload or to the board of alcohol, drug	73268
addiction, and mental health services of the service district in	73269
which the patient resided at the time services were most recently	73270
provided any treatment records that have not been transferred	73271
elsewhere at the patient's request.	73272

(B) Before records are disclosed pursuant to divisions	73273
(A)(3), (6), ~~(7),~~ and (9) of this section, the custodian of the	73274
records shall attempt to obtain the patient's consent for the	73275
disclosure. No person shall reveal the contents of a medical	73276
record of a patient except as authorized by law.	73277

(C) The managing officer of a hospital who releases necessary	73278
medical information under division (A)(3) of this section to allow	73279
an insurance carrier or other third party payor to comply with	73280
section 5121.43 of the Revised Code shall neither be subject to	73281
criminal nor civil liability.	73282

Section 110.11. That the existing version of section 5122.31	73283
of the Revised Code that is scheduled to take effect on October 1,	73284
2012, is hereby repealed.	73285

Section 110.12. Sections 110.10 and 110.11 of this act take	73286
effect October 1, 2012.	73287

Section 110.20. That the version of section 5123.19 of the	73288
Revised Code that is scheduled to take effect on October 1, 2012,	73289
be amended to read as follows:	73290

Sec. 5123.19. (A) As used in ~~this section and in~~ sections	73291
~~5123.191, 5123.194, 5123.196, 5123.197, 5123.198, and~~5123.19 to	73292
5123.20 of the Revised Code:	73293

(1)~~(a) "Residential facility" means a home or facility in~~	73294
~~which a mentally retarded or developmentally disabled person~~	73295
~~resides, except the home of a relative or legal guardian in which~~	73296
~~a mentally retarded or developmentally disabled person resides, a~~	73297
~~respite care home certified under section 5126.05 of the Revised~~	73298
~~Code, a county home or district home operated pursuant to Chapter~~	73299
~~5155. of the Revised Code, or a dwelling in which the only~~	73300
~~mentally retarded or developmentally disabled residents are in an~~	73301
~~independent living arrangement or are being provided supported~~	73302
~~living.~~	73303

~~(b) "Intermediate care facility for the mentally retarded"~~	73304
~~means a residential facility that is considered an intermediate~~	73305
~~care facility for the mentally retarded for the purposes of~~	73306
~~Chapter 5111. of the Revised Code.~~	73307

~~(2) "Political subdivision" means a municipal corporation,~~	73308
~~county, or township.~~	73309

~~(3)~~ "Independent living arrangement" means an arrangement in	73310
which a mentally retarded or developmentally disabled person	73311
resides in an individualized setting chosen by the person or the	73312
person's guardian, which is not dedicated principally to the	73313
provision of residential services for mentally retarded or	73314
developmentally disabled persons, and for which no financial	73315
support is received for rendering such service from any	73316
governmental agency by a provider of residential services.	73317

~~(4)~~(2) "Intermediate care facility for the mentally retarded"	73318
has the same meaning as in section 1905(d) of the "Social Security	73319
Act," 101 Stat. 1330-204 (1987), 42 U.S.C. 1396d(d), as amended.	73320

(3) "Licensee" means the person or government agency that has	73321
applied for a license to operate a residential facility and to	73322
which the license was issued under this section.	73323

(4) "Political subdivision" means a municipal corporation,	73324
county, or township.	73325

(5) "Related party" has the same meaning as in section	73326
5123.16 of the Revised Code except that "provider" as used in the	73327
definition of "related party" means a person or government entity	73328
that held or applied for a license to operate a residential	73329
facility, rather than a person or government entity certified to	73330
provide supported living.	73331

(6)(a) Except as provided in division (A)(6)(b) of this	73332
section, "residential facility" means a home or facility,	73333
including a facility certified as an intermediate care facility	73334
for the mentally retarded, in which an individual with mental	73335
retardation or a developmental disability resides.	73336

(b) "Residential facility" does not mean any of the	73337
following:	73338

(i) The home of a relative or legal guardian in which an	73339
individual with mental retardation or a developmental disability	73340
resides;	73341

(ii) A respite care home certified under section 5126.05 of	73342
the Revised Code;	73343

(iii) A county home or district home operated pursuant to	73344
Chapter 5155. of the Revised Code;	73345

(iv) A dwelling in which the only residents with mental	73346
retardation or developmental disabilities are in independent	73347
living arrangements or are being provided supported living.	73348

(B) Every person or government agency desiring to operate a	73349
residential facility shall apply for licensure of the facility to	73350
the director of developmental disabilities unless the residential	73351
facility is subject to section 3721.02, ~~5119.73,~~ 5103.03, or	73352
5119.20, or division (A)(9)(b) of section 5119.22 of the Revised	73353
Code. ~~Notwithstanding Chapter 3721. of the Revised Code, a nursing~~	73354
~~home that is certified as an intermediate care facility for the~~	73355
~~mentally retarded under Title XIX of the "Social Security Act," 79~~	73356
~~Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for~~	73357
~~licensure of the portion of the home that is certified as an~~	73358
~~intermediate care facility for the mentally retarded.~~	73359

(C) Subject to section 5123.196 of the Revised Code, the	73360
director of developmental disabilities shall license the operation	73361
of residential facilities. An initial license shall be issued for	73362
a period that does not exceed one year, unless the director denies	73363
the license under division (D) of this section. A license shall be	73364
renewed for a period that does not exceed three years, unless the	73365
director refuses to renew the license under division (D) of this	73366
section. The director, when issuing or renewing a license, shall	73367
specify the period for which the license is being issued or	73368
renewed. A license remains valid for the length of the licensing	73369
period specified by the director, unless the license is	73370
terminated, revoked, or voluntarily surrendered.	73371

(D) If it is determined that an applicant or licensee is not	73372
in compliance with a provision of this chapter that applies to	73373
residential facilities or the rules adopted under such a	73374
provision, the director may deny issuance of a license, refuse to	73375
renew a license, terminate a license, revoke a license, issue an	73376
order for the suspension of admissions to a facility, issue an	73377
order for the placement of a monitor at a facility, issue an order	73378
for the immediate removal of residents, or take any other action	73379
the director considers necessary consistent with the director's	73380
authority under this chapter regarding residential facilities. In	73381
the director's selection and administration of the sanction to be	73382
imposed, all of the following apply:	73383

(1) The director may deny, refuse to renew, or revoke a	73384
license, if the director determines that the applicant or licensee	73385
has demonstrated a pattern of serious noncompliance or that a	73386
violation creates a substantial risk to the health and safety of	73387
residents of a residential facility.	73388

(2) The director may terminate a license if more than twelve	73389
consecutive months have elapsed since the residential facility was	73390
last occupied by a resident or a notice required by division (K)	73391
of this section is not given.	73392

(3) The director may issue an order for the suspension of	73393
admissions to a facility for any violation that may result in	73394
sanctions under division (D)(1) of this section and for any other	73395
violation specified in rules adopted under division (H)(2) of this	73396
section. If the suspension of admissions is imposed for a	73397
violation that may result in sanctions under division (D)(1) of	73398
this section, the director may impose the suspension before	73399
providing an opportunity for an adjudication under Chapter 119. of	73400
the Revised Code. The director shall lift an order for the	73401
suspension of admissions when the director determines that the	73402
violation that formed the basis for the order has been corrected.	73403

(4) The director may order the placement of a monitor at a	73404
residential facility for any violation specified in rules adopted	73405
under division (H)(2) of this section. The director shall lift the	73406
order when the director determines that the violation that formed	73407
the basis for the order has been corrected.	73408

(5) If the director determines that two or more residential	73409
facilities owned or operated by the same person or government	73410
entity are not being operated in compliance with a provision of	73411
this chapter that applies to residential facilities or the rules	73412
adopted under such a provision, and the director's findings are	73413
based on the same or a substantially similar action, practice,	73414
circumstance, or incident that creates a substantial risk to the	73415
health and safety of the residents, the director shall conduct a	73416
survey as soon as practicable at each residential facility owned	73417
or operated by that person or government entity. The director may	73418
take any action authorized by this section with respect to any	73419
facility found to be operating in violation of a provision of this	73420
chapter that applies to residential facilities or the rules	73421
adopted under such a provision.	73422

(6) When the director initiates license revocation	73423
proceedings, no opportunity for submitting a plan of correction	73424
shall be given. The director shall notify the licensee by letter	73425
of the initiation of the proceedings. The letter shall list the	73426
deficiencies of the residential facility and inform the licensee	73427
that no plan of correction will be accepted. The director shall	73428
also send a copy of the letter to the county board of	73429
developmental disabilities. The county board shall send a copy of	73430
the letter to each of the following:	73431

(a) Each resident who receives services from the licensee;

73432

(b) The guardian of each resident who receives services from	73433
the licensee if the resident has a guardian;	73434

(c) The parent or guardian of each resident who receives	73435
services from the licensee if the resident is a minor.	73436

(7) Pursuant to rules which shall be adopted in accordance	73437
with Chapter 119. of the Revised Code, the director may order the	73438
immediate removal of residents from a residential facility	73439
whenever conditions at the facility present an immediate danger of	73440
physical or psychological harm to the residents.	73441

(8) In determining whether a residential facility is being	73442
operated in compliance with a provision of this chapter that	73443
applies to residential facilities or the rules adopted under such	73444
a provision, or whether conditions at a residential facility	73445
present an immediate danger of physical or psychological harm to	73446
the residents, the director may rely on information obtained by a	73447
county board of developmental disabilities or other governmental	73448
agencies.	73449

(9) In proceedings initiated to deny, refuse to renew, or	73450
revoke licenses, the director may deny, refuse to renew, or revoke	73451
a license regardless of whether some or all of the deficiencies	73452
that prompted the proceedings have been corrected at the time of	73453
the hearing.	73454

(E) The director shall establish a program under which public	73455
notification may be made when the director has initiated license	73456
revocation proceedings or has issued an order for the suspension	73457
of admissions, placement of a monitor, or removal of residents.	73458
The director shall adopt rules in accordance with Chapter 119. of	73459
the Revised Code to implement this division. The rules shall	73460
establish the procedures by which the public notification will be	73461
made and specify the circumstances for which the notification must	73462
be made. The rules shall require that public notification be made	73463
if the director has taken action against the facility in the	73464
eighteen-month period immediately preceding the director's latest	73465
action against the facility and the latest action is being taken	73466
for the same or a substantially similar violation of a provision	73467
of this chapter that applies to residential facilities or the	73468
rules adopted under such a provision. The rules shall specify a	73469
method for removing or amending the public notification if the	73470
director's action is found to have been unjustified or the	73471
violation at the residential facility has been corrected.	73472

(F)(1) Except as provided in division (F)(2) of this section,	73473
appeals from proceedings initiated to impose a sanction under	73474
division (D) of this section shall be conducted in accordance with	73475
Chapter 119. of the Revised Code.	73476

(2) Appeals from proceedings initiated to order the	73477
suspension of admissions to a facility shall be conducted in	73478
accordance with Chapter 119. of the Revised Code, unless the order	73479
was issued before providing an opportunity for an adjudication, in	73480
which case all of the following apply:	73481

(a) The licensee may request a hearing not later than ten	73482
days after receiving the notice specified in section 119.07 of the	73483
Revised Code.	73484

(b) If a timely request for a hearing that includes the	73485
licensee's current address is made, the hearing shall commence not	73486
later than thirty days after the department receives the request.	73487

(c) After commencing, the hearing shall continue	73488
uninterrupted, except for Saturdays, Sundays, and legal holidays,	73489
unless other interruptions are agreed to by the licensee and the	73490
director.	73491

(d) If the hearing is conducted by a hearing examiner, the	73492
hearing examiner shall file a report and recommendations not later	73493
than ten days after the last of the following:	73494

(i) The close of the hearing;

73495

(ii) If a transcript of the proceedings is ordered, the	73496
hearing examiner receives the transcript;	73497

(iii) If post-hearing briefs are timely filed, the hearing	73498
examiner receives the briefs.	73499

(e) A copy of the written report and recommendation of the	73500
hearing examiner shall be sent, by certified mail, to the licensee	73501
and the licensee's attorney, if applicable, not later than five	73502
days after the report is filed.	73503

(f) Not later than five days after the hearing examiner files	73504
the report and recommendations, the licensee may file objections	73505
to the report and recommendations.	73506

(g) Not later than fifteen days after the hearing examiner	73507
files the report and recommendations, the director shall issue an	73508
order approving, modifying, or disapproving the report and	73509
recommendations.	73510

(h) Notwithstanding the pendency of the hearing, the director	73511
shall lift the order for the suspension of admissions when the	73512
director determines that the violation that formed the basis for	73513
the order has been corrected.	73514

(G) Neither a person or government agency whose application	73515
for a license to operate a residential facility is denied nor a	73516
related party of the person or government agency may apply for a	73517
license to operate a residential facility before the date that is	73518
one year after the date of the denial. Neither a licensee whose	73519
residential facility license is revoked nor a related party of the	73520
licensee may apply for a residential facility license before the	73521
date that is five years after the date of the revocation.	73522

(H) In accordance with Chapter 119. of the Revised Code, the	73523
director shall adopt and may amend and rescind rules for licensing	73524
and regulating the operation of residential facilities~~, including~~	73525
~~intermediate care facilities for the mentally retarded~~. The rules	73526
for residential facilities that are intermediate care facilities	73527
for the mentally retarded may differ from those for other	73528
residential facilities. The rules shall establish and specify the	73529
following:	73530

(1) Procedures and criteria for issuing and renewing	73531
licenses, including procedures and criteria for determining the	73532
length of the licensing period that the director must specify for	73533
each license when it is issued or renewed;	73534

(2) Procedures and criteria for denying, refusing to renew,	73535
terminating, and revoking licenses and for ordering the suspension	73536
of admissions to a facility, placement of a monitor at a facility,	73537
and the immediate removal of residents from a facility;	73538

(3) Fees for issuing and renewing licenses, which shall be	73539
deposited into the program fee fund created under section 5123.033	73540
of the Revised Code;	73541

(4) Procedures for surveying residential facilities;

73542

(5) Requirements for the training of residential facility	73543
personnel;	73544

(6) Classifications for the various types of residential	73545
facilities;	73546

(7) Certification procedures for licensees and management	73547
contractors that the director determines are necessary to ensure	73548
that they have the skills and qualifications to properly operate	73549
or manage residential facilities;	73550

(8) The maximum number of persons who may be served in a	73551
particular type of residential facility;	73552

(9) Uniform procedures for admission of persons to and	73553
transfers and discharges of persons from residential facilities;	73554

(10) Other standards for the operation of residential	73555
facilities and the services provided at residential facilities;	73556

(11) Procedures for waiving any provision of any rule adopted	73557
under this section.	73558

(I) Before issuing a license, the director of the department	73559
or the director's designee shall conduct a survey of the	73560
residential facility for which application is made. The director	73561
or the director's designee shall conduct a survey of each licensed	73562
residential facility at least once during the period the license	73563
is valid and may conduct additional inspections as needed. A	73564
survey includes but is not limited to an on-site examination and	73565
evaluation of the residential facility, its personnel, and the	73566
services provided there.	73567

In conducting surveys, the director or the director's	73568
designee shall be given access to the residential facility; all	73569
records, accounts, and any other documents related to the	73570
operation of the facility; the licensee; the residents of the	73571
facility; and all persons acting on behalf of, under the control	73572
of, or in connection with the licensee. The licensee and all	73573
persons on behalf of, under the control of, or in connection with	73574
the licensee shall cooperate with the director or the director's	73575
designee in conducting the survey.	73576

Following each survey, unless the director initiates a	73577
license revocation proceeding, the director or the director's	73578
designee shall provide the licensee with a report listing any	73579
deficiencies, specifying a timetable within which the licensee	73580
shall submit a plan of correction describing how the deficiencies	73581
will be corrected, and, when appropriate, specifying a timetable	73582
within which the licensee must correct the deficiencies. After a	73583
plan of correction is submitted, the director or the director's	73584
designee shall approve or disapprove the plan. A copy of the	73585
report and any approved plan of correction shall be provided to	73586
any person who requests it.	73587

The director shall initiate disciplinary action against any	73588
department employee who notifies or causes the notification to any	73589
unauthorized person of an unannounced survey of a residential	73590
facility by an authorized representative of the department.	73591

(J) In addition to any other information which may be	73592
required of applicants for a license pursuant to this section, the	73593
director shall require each applicant to provide a copy of an	73594
approved plan for a proposed residential facility pursuant to	73595
section 5123.042 of the Revised Code. This division does not apply	73596
to renewal of a license or to an applicant for an initial or	73597
modified license who meets the requirements of section ~~5123.193 or~~	73598
5123.197 of the Revised Code.	73599

(K) A licensee shall notify the owner of the building in	73600
which the licensee's residential facility is located of any	73601
significant change in the identity of the licensee or management	73602
contractor before the effective date of the change if the licensee	73603
is not the owner of the building.	73604

Pursuant to rules which shall be adopted in accordance with	73605
Chapter 119. of the Revised Code, the director may require	73606
notification to the department of any significant change in the	73607
ownership of a residential facility or in the identity of the	73608
licensee or management contractor. If the director determines that	73609
a significant change of ownership is proposed, the director shall	73610
consider the proposed change to be an application for development	73611
by a new operator pursuant to section 5123.042 of the Revised Code	73612
and shall advise the applicant within sixty days of the	73613
notification that the current license shall continue in effect or	73614
a new license will be required pursuant to this section. If the	73615
director requires a new license, the director shall permit the	73616
facility to continue to operate under the current license until	73617
the new license is issued, unless the current license is revoked,	73618
refused to be renewed, or terminated in accordance with Chapter	73619
119. of the Revised Code.	73620

(L) A county board of developmental disabilities and any	73621
interested person may file complaints alleging violations of	73622
statute or department rule relating to residential facilities with	73623
the department. All complaints shall be in writing and shall state	73624
the facts constituting the basis of the allegation. The department	73625
shall not reveal the source of any complaint unless the	73626
complainant agrees in writing to waive the right to	73627
confidentiality or until so ordered by a court of competent	73628
jurisdiction.	73629

The department shall adopt rules in accordance with Chapter	73630
119. of the Revised Code establishing procedures for the receipt,	73631
referral, investigation, and disposition of complaints filed with	73632
the department under this division.	73633

(M) The department shall establish procedures for the	73634
notification of interested parties of the transfer or interim care	73635
of residents from residential facilities that are closing or are	73636
losing their license.	73637

(N) Before issuing a license under this section to a	73638
residential facility that will accommodate at any time more than	73639
one mentally retarded or developmentally disabled individual, the	73640
director shall, by first class mail, notify the following:	73641

(1) If the facility will be located in a municipal	73642
corporation, the clerk of the legislative authority of the	73643
municipal corporation;	73644

(2) If the facility will be located in unincorporated	73645
territory, the clerk of the appropriate board of county	73646
commissioners and the fiscal officer of the appropriate board of	73647
township trustees.	73648

The director shall not issue the license for ten days after	73649
mailing the notice, excluding Saturdays, Sundays, and legal	73650
holidays, in order to give the notified local officials time in	73651
which to comment on the proposed issuance.	73652

Any legislative authority of a municipal corporation, board	73653
of county commissioners, or board of township trustees that	73654
receives notice under this division of the proposed issuance of a	73655
license for a residential facility may comment on it in writing to	73656
the director within ten days after the director mailed the notice,	73657
excluding Saturdays, Sundays, and legal holidays. If the director	73658
receives written comments from any notified officials within the	73659
specified time, the director shall make written findings	73660
concerning the comments and the director's decision on the	73661
issuance of the license. If the director does not receive written	73662
comments from any notified local officials within the specified	73663
time, the director shall continue the process for issuance of the	73664
license.	73665

(O) Any person may operate a licensed residential facility	73666
that provides room and board, personal care, habilitation	73667
services, and supervision in a family setting for at least six but	73668
not more than eight persons with mental retardation or a	73669
developmental disability as a permitted use in any residential	73670
district or zone, including any single-family residential district	73671
or zone, of any political subdivision. These residential	73672
facilities may be required to comply with area, height, yard, and	73673
architectural compatibility requirements that are uniformly	73674
imposed upon all single-family residences within the district or	73675
zone.	73676

(P) Any person may operate a licensed residential facility	73677
that provides room and board, personal care, habilitation	73678
services, and supervision in a family setting for at least nine	73679
but not more than sixteen persons with mental retardation or a	73680
developmental disability as a permitted use in any multiple-family	73681
residential district or zone of any political subdivision, except	73682
that a political subdivision that has enacted a zoning ordinance	73683
or resolution establishing planned unit development districts may	73684
exclude these residential facilities from those districts, and a	73685
political subdivision that has enacted a zoning ordinance or	73686
resolution may regulate these residential facilities in	73687
multiple-family residential districts or zones as a conditionally	73688
permitted use or special exception, in either case, under	73689
reasonable and specific standards and conditions set out in the	73690
zoning ordinance or resolution to:	73691

(1) Require the architectural design and site layout of the	73692
residential facility and the location, nature, and height of any	73693
walls, screens, and fences to be compatible with adjoining land	73694
uses and the residential character of the neighborhood;	73695

(2) Require compliance with yard, parking, and sign	73696
regulation;	73697

(3) Limit excessive concentration of these residential	73698
facilities.	73699

(Q) This section does not prohibit a political subdivision	73700
from applying to residential facilities nondiscriminatory	73701
regulations requiring compliance with health, fire, and safety	73702
regulations and building standards and regulations.	73703

(R) Divisions (O) and (P) of this section are not applicable	73704
to municipal corporations that had in effect on June 15, 1977, an	73705
ordinance specifically permitting in residential zones licensed	73706
residential facilities by means of permitted uses, conditional	73707
uses, or special exception, so long as such ordinance remains in	73708
effect without any substantive modification.	73709

(S)(1) The director may issue an interim license to operate a	73710
residential facility to an applicant for a license under this	73711
section if either of the following is the case:	73712

(a) The director determines that an emergency exists	73713
requiring immediate placement of persons in a residential	73714
facility, that insufficient licensed beds are available, and that	73715
the residential facility is likely to receive a permanent license	73716
under this section within thirty days after issuance of the	73717
interim license.	73718

(b) The director determines that the issuance of an interim	73719
license is necessary to meet a temporary need for a residential	73720
facility.	73721

(2) To be eligible to receive an interim license, an	73722
applicant must meet the same criteria that must be met to receive	73723
a permanent license under this section, except for any differing	73724
procedures and time frames that may apply to issuance of a	73725
permanent license.	73726

(3) An interim license shall be valid for thirty days and may	73727
be renewed by the director for a period not to exceed one hundred	73728
fifty days.	73729

(4) The director shall adopt rules in accordance with Chapter	73730
119. of the Revised Code as the director considers necessary to	73731
administer the issuance of interim licenses.	73732

(T) Notwithstanding rules adopted pursuant to this section	73733
establishing the maximum number of persons who may be served in a	73734
particular type of residential facility, a residential facility	73735
shall be permitted to serve the same number of persons being	73736
served by the facility on the effective date of the rules or the	73737
number of persons for which the facility is authorized pursuant to	73738
a current application for a certificate of need with a letter of	73739
support from the department of developmental disabilities and	73740
which is in the review process prior to April 4, 1986.	73741

(U) The director or the director's designee may enter at any	73742
time, for purposes of investigation, any home, facility, or other	73743
structure that has been reported to the director or that the	73744
director has reasonable cause to believe is being operated as a	73745
residential facility without a license issued under this section.	73746

The director may petition the court of common pleas of the	73747
county in which an unlicensed residential facility is located for	73748
an order enjoining the person or governmental agency operating the	73749
facility from continuing to operate without a license. The court	73750
may grant the injunction on a showing that the person or	73751
governmental agency named in the petition is operating a	73752
residential facility without a license. The court may grant the	73753
injunction, regardless of whether the residential facility meets	73754
the requirements for receiving a license under this section.	73755

Section 110.21. That the existing version of section 5123.19	73756
of the Revised Code that is scheduled to take effect on October 1,	73757
2012, is hereby repealed.	73758

Section 110.22. Sections 110.20 and 110.21 of this act take	73759
effect October 1, 2012.	73760

Section 110.30. That the version of section 5123.61 of the	73761
Revised Code that is scheduled to take effect on October 1, 2012,	73762
be amended to read as follows:	73763

Sec. 5123.61. (A) As used in this section:

73764

(1) "Law enforcement agency" means the state highway patrol,	73765
the police department of a municipal corporation, or a county	73766
sheriff.	73767

(2) "Abuse" has the same meaning as in section 5123.50 of the	73768
Revised Code, except that it includes a misappropriation, as	73769
defined in that section.	73770

(3) "Neglect" has the same meaning as in section 5123.50 of	73771
the Revised Code.	73772

(B) The department of developmental disabilities shall	73773
establish a registry office for the purpose of maintaining reports	73774
of abuse, neglect, and other major unusual incidents made to the	73775
department under this section and reports received from county	73776
boards of developmental disabilities under section 5126.31 of the	73777
Revised Code. The department shall establish committees to review	73778
reports of abuse, neglect, and other major unusual incidents.	73779

(C)(1) Any person listed in division (C)(2) of this section,	73780
having reason to believe that a person with mental retardation or	73781
a developmental disability has suffered or faces a substantial	73782
risk of suffering any wound, injury, disability, or condition of	73783
such a nature as to reasonably indicate abuse or neglect of that	73784
person, shall immediately report or cause reports to be made of	73785
such information to the entity specified in this division. Except	73786
as provided in section 5120.173 of the Revised Code or as	73787
otherwise provided in this division, the person making the report	73788
shall make it to a law enforcement agency or to the county board	73789
of developmental disabilities. If the report concerns a resident	73790
of a facility operated by the department of developmental	73791
disabilities the report shall be made either to a law enforcement	73792
agency or to the department. If the report concerns any act or	73793
omission of an employee of a county board of developmental	73794
disabilities, the report immediately shall be made to the	73795
department and to the county board.	73796

(2) All of the following persons are required to make a	73797
report under division (C)(1) of this section:	73798

(a) Any physician, including a hospital intern or resident,	73799
any dentist, podiatrist, chiropractor, practitioner of a limited	73800
branch of medicine as specified in section 4731.15 of the Revised	73801
Code, hospital administrator or employee of a hospital, nurse	73802
licensed under Chapter 4723. of the Revised Code, employee of an	73803
ambulatory health facility as defined in section 5101.61 of the	73804
Revised Code, employee of a home health agency, employee of an	73805
~~adult care~~a residential facility licensed under ~~Chapter 3722.~~	73806
section 5119.22 of the Revised Code that provides accommodations,	73807
supervision, and person care services for three to sixteen	73808
unrelated adults, or employee of a community mental health	73809
facility;	73810

(b) Any school teacher or school authority, social worker,	73811
psychologist, attorney, peace officer, coroner, or residents'	73812
rights advocate as defined in section 3721.10 of the Revised Code;	73813

(c) A superintendent, board member, or employee of a county	73814
board of developmental disabilities; an administrator, board	73815
member, or employee of a residential facility licensed under	73816
section 5123.19 of the Revised Code; an administrator, board	73817
member, or employee of any other public or private provider of	73818
services to a person with mental retardation or a developmental	73819
disability, or any MR/DD employee, as defined in section 5123.50	73820
of the Revised Code;	73821

(d) A member of a citizen's advisory council established at	73822
an institution or branch institution of the department of	73823
developmental disabilities under section 5123.092 of the Revised	73824
Code;	73825

(e) A ~~clergyman~~member of the clergy who is employed in a	73826
position that includes providing specialized services to an	73827
individual with mental retardation or another developmental	73828
disability, while acting in an official or professional capacity	73829
in that position, or a person who is employed in a position that	73830
includes providing specialized services to an individual with	73831
mental retardation or another developmental disability and who,	73832
while acting in an official or professional capacity, renders	73833
spiritual treatment through prayer in accordance with the tenets	73834
of an organized religion.	73835

(3)(a) The reporting requirements of this division do not	73836
apply to employees of the Ohio protection and advocacy system.	73837

(b) An attorney or physician is not required to make a report	73838
pursuant to division (C)(1) of this section concerning any	73839
communication the attorney or physician receives from a client or	73840
patient in an attorney-client or physician-patient relationship,	73841
if, in accordance with division (A) or (B) of section 2317.02 of	73842
the Revised Code, the attorney or physician could not testify with	73843
respect to that communication in a civil or criminal proceeding,	73844
except that the client or patient is deemed to have waived any	73845
testimonial privilege under division (A) or (B) of section 2317.02	73846
of the Revised Code with respect to that communication and the	73847
attorney or physician shall make a report pursuant to division	73848
(C)(1) of this section, if both of the following apply:	73849

(i) The client or patient, at the time of the communication,	73850
is a person with mental retardation or a developmental disability.	73851

(ii) The attorney or physician knows or suspects, as a result	73852
of the communication or any observations made during that	73853
communication, that the client or patient has suffered or faces a	73854
substantial risk of suffering any wound, injury, disability, or	73855
condition of a nature that reasonably indicates abuse or neglect	73856
of the client or patient.	73857

(4) Any person who fails to make a report required under	73858
division (C) of this section and who is an MR/DD employee, as	73859
defined in section 5123.50 of the Revised Code, shall be eligible	73860
to be included in the registry regarding misappropriation, abuse,	73861
neglect, or other specified misconduct by MR/DD employees	73862
established under section 5123.52 of the Revised Code.	73863

(D) The reports required under division (C) of this section	73864
shall be made forthwith by telephone or in person and shall be	73865
followed by a written report. The reports shall contain the	73866
following:	73867

(1) The names and addresses of the person with mental	73868
retardation or a developmental disability and the person's	73869
custodian, if known;	73870

(2) The age of the person with mental retardation or a	73871
developmental disability;	73872

(3) Any other information that would assist in the	73873
investigation of the report.	73874

(E) When a physician performing services as a member of the	73875
staff of a hospital or similar institution has reason to believe	73876
that a person with mental retardation or a developmental	73877
disability has suffered injury, abuse, or physical neglect, the	73878
physician shall notify the person in charge of the institution or	73879
that person's designated delegate, who shall make the necessary	73880
reports.	73881

(F) Any person having reasonable cause to believe that a	73882
person with mental retardation or a developmental disability has	73883
suffered or faces a substantial risk of suffering abuse or neglect	73884
may report or cause a report to be made of that belief to the	73885
entity specified in this division. Except as provided in section	73886
5120.173 of the Revised Code or as otherwise provided in this	73887
division, the person making the report shall make it to a law	73888
enforcement agency or the county board of developmental	73889
disabilities. If the person is a resident of a facility operated	73890
by the department of developmental disabilities, the report shall	73891
be made to a law enforcement agency or to the department. If the	73892
report concerns any act or omission of an employee of a county	73893
board of developmental disabilities, the report immediately shall	73894
be made to the department and to the county board.	73895

(G)(1) Upon the receipt of a report concerning the possible	73896
abuse or neglect of a person with mental retardation or a	73897
developmental disability, the law enforcement agency shall inform	73898
the county board of developmental disabilities or, if the person	73899
is a resident of a facility operated by the department of	73900
developmental disabilities, the director of the department or the	73901
director's designee.	73902

(2) On receipt of a report under this section that includes	73903
an allegation of action or inaction that may constitute a crime	73904
under federal law or the law of this state, the department of	73905
developmental disabilities shall notify the law enforcement	73906
agency.	73907

(3) When a county board of developmental disabilities	73908
receives a report under this section that includes an allegation	73909
of action or inaction that may constitute a crime under federal	73910
law or the law of this state, the superintendent of the board or	73911
an individual the superintendent designates under division (H) of	73912
this section shall notify the law enforcement agency. The	73913
superintendent or individual shall notify the department of	73914
developmental disabilities when it receives any report under this	73915
section.	73916

(4) When a county board of developmental disabilities	73917
receives a report under this section and believes that the degree	73918
of risk to the person is such that the report is an emergency, the	73919
superintendent of the board or an employee of the board the	73920
superintendent designates shall attempt a face-to-face contact	73921
with the person with mental retardation or a developmental	73922
disability who allegedly is the victim within one hour of the	73923
board's receipt of the report.	73924

(H) The superintendent of the board may designate an	73925
individual to be responsible for notifying the law enforcement	73926
agency and the department when the county board receives a report	73927
under this section.	73928

(I) An adult with mental retardation or a developmental	73929
disability about whom a report is made may be removed from the	73930
adult's place of residence only by law enforcement officers who	73931
consider that the adult's immediate removal is essential to	73932
protect the adult from further injury or abuse or in accordance	73933
with the order of a court made pursuant to section 5126.33 of the	73934
Revised Code.	73935

(J) A law enforcement agency shall investigate each report of	73936
abuse or neglect it receives under this section. In addition, the	73937
department, in cooperation with law enforcement officials, shall	73938
investigate each report regarding a resident of a facility	73939
operated by the department to determine the circumstances	73940
surrounding the injury, the cause of the injury, and the person	73941
responsible. The investigation shall be in accordance with the	73942
memorandum of understanding prepared under section 5126.058 of the	73943
Revised Code. The department shall determine, with the registry	73944
office which shall be maintained by the department, whether prior	73945
reports have been made concerning an adult with mental retardation	73946
or a developmental disability or other principals in the case. If	73947
the department finds that the report involves action or inaction	73948
that may constitute a crime under federal law or the law of this	73949
state, it shall submit a report of its investigation, in writing,	73950
to the law enforcement agency. If the person with mental	73951
retardation or a developmental disability is an adult, with the	73952
consent of the adult, the department shall provide such protective	73953
services as are necessary to protect the adult. The law	73954
enforcement agency shall make a written report of its findings to	73955
the department.	73956

If the person is an adult and is not a resident of a facility	73957
operated by the department, the county board of developmental	73958
disabilities shall review the report of abuse or neglect in	73959
accordance with sections 5126.30 to 5126.33 of the Revised Code	73960
and the law enforcement agency shall make the written report of	73961
its findings to the county board.	73962

(K) Any person or any hospital, institution, school, health	73963
department, or agency participating in the making of reports	73964
pursuant to this section, any person participating as a witness in	73965
an administrative or judicial proceeding resulting from the	73966
reports, or any person or governmental entity that discharges	73967
responsibilities under sections 5126.31 to 5126.33 of the Revised	73968
Code shall be immune from any civil or criminal liability that	73969
might otherwise be incurred or imposed as a result of such actions	73970
except liability for perjury, unless the person or governmental	73971
entity has acted in bad faith or with malicious purpose.	73972

(L) No employer or any person with the authority to do so	73973
shall discharge, demote, transfer, prepare a negative work	73974
performance evaluation, reduce pay or benefits, terminate work	73975
privileges, or take any other action detrimental to an employee or	73976
retaliate against an employee as a result of the employee's having	73977
made a report under this section. This division does not preclude	73978
an employer or person with authority from taking action with	73979
regard to an employee who has made a report under this section if	73980
there is another reasonable basis for the action.	73981

(M) Reports made under this section are not public records as	73982
defined in section 149.43 of the Revised Code. Information	73983
contained in the reports on request shall be made available to the	73984
person who is the subject of the report, to the person's legal	73985
counsel, and to agencies authorized to receive information in the	73986
report by the department or by a county board of developmental	73987
disabilities.	73988

(N) Notwithstanding section 4731.22 of the Revised Code, the	73989
physician-patient privilege shall not be a ground for excluding	73990
evidence regarding the injuries or physical neglect of a person	73991
with mental retardation or a developmental disability or the cause	73992
thereof in any judicial proceeding resulting from a report	73993
submitted pursuant to this section.	73994

Section 110.31. That the existing version of section 5123.61	73995
of the Revised Code that is scheduled to take effect on October 1,	73996
2012, is hereby repealed.	73997

Section 110.32. Sections 110.30 and 110.31 of this act take	73998
effect October 1, 2012.	73999

Section 301.11. The items set forth in this section are	74000
hereby appropriated out of any moneys in the state treasury to the	74001
credit of the Clean Ohio Conservation Fund (Fund 7056) that are	74002
not otherwise appropriated.	74003

Appropriations

PWC PUBLIC WORKS COMMISSION	74004

C15060	Clean Ohio Conservation	$	36,000,000	74005
Total Public Works Commission		$	36,000,000	74006
TOTAL Clean Ohio Conservation Fund		$	36,000,000	74007

The foregoing appropriation item C15060, Clean Ohio	74008
Conservation, shall be used in accordance with sections 164.20 to	74009
164.27 of the Revised Code. If the Public Works Commission	74010
receives refunds due to project overpayments that are discovered	74011
during the post-project audit, the Director of the Public Works	74012
Commission may certify to the Director of Budget and Management	74013
that refunds have been received. If the Director of Budget and	74014
Management determines that the project refunds are available to	74015
support additional appropriations, such amounts are hereby	74016
appropriated.	74017

Section 301.12. The items set forth in this section are	74018
hereby appropriated out of any moneys in the state treasury to the	74019
credit of the Clean Ohio Agricultural Easement Fund (Fund 7057)	74020
that are not otherwise appropriated.	74021

Appropriations

AGR DEPARTMENT OF AGRICULTURE	74022

C70009	Clean Ohio Agricultural Easements	$	6,000,000	74023
Total Department of Agriculture		$	6,000,000	74024
TOTAL Clean Ohio Agricultural Easement Fund		$	6,000,000	74025

Section 301.13. (A) The Ohio Public Facilities Commission is	74027
hereby authorized to issue and sell, in accordance with Section 2o	74028
and 2q of Article VIII, Ohio Constitution, and pursuant to	74029
sections 151.01 and 151.09 of the Revised Code, original	74030
obligations of the state in an aggregate principal amount not to	74031
exceed $36,000,000 in addition to the original issuance of	74032
obligations heretofore authorized by prior acts of the General	74033
Assembly. These authorized obligations shall be issued and sold	74034
from time to time, subject to applicable constitutional and	74035
statutory limitations, as needed to ensure sufficient moneys to	74036
the credit of the Clean Ohio Conservation Fund (Fund 7056) to pay	74037
costs of conservation projects.	74038

(B) The Ohio Public Facilities Commission is hereby	74039
authorized to issue and sell, in accordance with Section 2o and 2q	74040
of Article VIII, Ohio Constitution, and pursuant to sections	74041
151.01 and 151.09 of the Revised Code, original obligations of the	74042
state in an aggregate principal amount not to exceed $6,000,000 in	74043
addition to the original issuance of obligations heretofore	74044
authorized by prior acts of the General Assembly. These authorized	74045
obligations shall be issued and sold from time to time, subject to	74046
applicable constitutional and statutory limitations, as needed to	74047
ensure sufficient moneys to the credit of the Clean Ohio	74048
Agricultural Easement Fund (Fund 7057) to pay costs of	74049
conservation projects.	74050

Section 301.14. Notwithstanding section 126.14 of the Revised	74051
Code, appropriations from the Clean Ohio Conservation Fund (Fund	74052
7056) to the Public Works Commission shall be released upon	74053
presentation of a request to release the funds, by the agency to	74054
which the appropriation has been made, to the Director of Budget	74055
and Management.	74056

Section 301.15. The capital improvements for which	74057
appropriations are made in this act from the Clean Ohio	74058
Conservation Fund (Fund 7056) and the Clean Ohio Agricultural	74059
Easement Fund (Fund 7057) are determined to be capital	74060
improvements and capital facilities for conservation purposes	74061
under the Clean Ohio Program and are designated as capital	74062
facilities to which proceeds of obligations issued under Chapter	74063
151. of the Revised Code are to be applied. The release and	74064
expenditure of funds from the Clean Ohio Conservation Fund (Fund	74065
7056) and the Clean Ohio Agricultural Easement Fund (Fund 7057)	74066
shall be subject to the requirements of Section 509.90 of Sub.	74067
H.B. 482 of the 129th General Assembly.	74068

Section 301.21. The items set forth in this section are	74069
hereby appropriated out of any moneys in the state treasury to the	74070
credit of the Clean Ohio Revitalization Fund (Fund 7003) that are	74071
not otherwise appropriated.	74072

Appropriations

DEV DEVELOPMENT SERVICES AGENCY	74073

C19500	Clean Ohio Revitalization	$	12,000,000	74074
C19501	Clean Ohio Assistance	$	3,000,000	74075
Total Development Services Agency		$	15,000,000	74076
TOTAL Clean Ohio Revitalization Fund		$	15,000,000	74077

The foregoing appropriation items C19500, Clean Ohio	74078
Revitalization, and C19501, Clean Ohio Assistance, shall be used	74079
in accordance with sections 122.65 to 122.658 of the Revised Code,	74080
and are subject to all provisions of Am. Sub. H.B. 482 of the	74081
129th General Assembly that are generally applicable to such	74082
appropriations.	74083

Section 503.10. FISCAL YEAR 2012 GENERAL REVENUE FUND ENDING	74084
BALANCE	74085

Notwithstanding divisions (B) and (C) of section 131.44 of	74086
the Revised Code, the Director of Budget and Management shall	74087
determine the surplus General Revenue Fund revenue that existed on	74088
June 30, 2012, in excess of the amount required under division	74089
(A)(3) of section 131.44 of the Revised Code, and transfer from	74090
the General Revenue Fund, to the extent of the amount so	74091
determined, to the Statewide Treatment and Prevention Fund (Fund	74092
4750), a cash amount of $1,000,000 and to the Long-Term Care	74093
Ombudsman Program Fund (Fund 4C40), a cash amount of $1,500,000.	74094

Section 506.10. OHP HEALTH CARE GRANTS FUND

74095

For fiscal year 2012 and fiscal year 2013, the Department of	74096
Job and Family Services may deposit into the OHP Health Care	74097
Grants Fund (Fund 3FA0) federal grants for the administration of	74098
health care programs that the Department receives under the	74099
"Patient Protection and Affordable Care Act," Public Law 111-148,	74100
and the "Health Care and Education Reconciliation Act of 2010,"	74101
Public Law 111-152. The Department shall use the money in the fund	74102
to pay for expenses incurred in carrying out duties the Department	74103
assumes by accepting such federal grants, including expenses for	74104
the administration of health care programs.	74105

Section 512.10. TRANSFER OF FUNDS FOR CASINO CONTROL	74106
COMMISSION OPERATIONS	74107

During fiscal year 2013, the Director of Budget and	74108
Management may, in consultation with the Executive Director of the	74109
Casino Control Commission, transfer cash as necessary for	74110
operating expenses and casino investigations. The transfer shall	74111
be made from the General Revenue Fund to the Casino Control	74112
Commission Operating Fund (Fund 5HS0). Once funds from upfront	74113
license application fees and gross casino revenue taxes have been	74114
accumulated to sustain operations, the Director of Budget and	74115
Management, in consultation with the Executive Director of the	74116
Casino Control Commission, shall establish a repayment schedule	74117
for transfers to the General Revenue Fund from the Casino Control	74118
Commission Operating Fund (Fund 5HS0).	74119

Section 512.20. PRE-SECURITIZATION TOBACCO PAYMENTS

74120

The Pre-Securitization Tobacco Payments Fund (Fund 5LS0) is	74121
hereby created in the state treasury. All moneys received by the	74122
state in connection with releases from disputed payment accounts	74123
or amounts previously withheld under the Tobacco Master Settlement	74124
Agreement that do not constitute pledged receipts for the Buckeye	74125
Tobacco Settlement Financing Authority Tobacco Settlement Bonds,	74126
Series 2007, shall be credited to the fund and used by the	74127
Director of Budget and Management as authorized in this section.	74128

On July 1 of each fiscal year, or as soon as possible	74129
thereafter, the Director of Budget and Management shall determine,	74130
in consultation with the Attorney General, the amounts needed to	74131
fund tobacco enforcement-related activities and may transfer cash	74132
in those amounts from Fund 5LS0 to the Tobacco Oversight	74133
Administration and Enforcement Fund (Fund U087). The Director of	74134
Budget and Management may transfer remaining cash determined to be	74135
in excess of the tobacco enforcement needs of the Attorney General	74136
from Fund 5LS0 to the General Revenue Fund.	74137

Upon receipt of all pre-securitization Tobacco Master	74138
Settlement Agreement payments and the transfer of all cash	74139
credited to Fund 5LS0 as authorized in this section, Fund 5LS0 is	74140
abolished.	74141

On July 1, 2012, or as soon as possible thereafter, and upon	74142
the request of the Attorney General, the Director of Budget and	74143
Management may transfer up to $3,000,000 cash from the General	74144
Reimbursement Fund (Fund 1060) to the Tobacco Oversight	74145
Administration and Enforcement Fund (Fund U087).	74146

Section 512.30. CASH TRANSFER FROM TRAUMA AND EMERGENCY	74147
MEDICAL SERVICES GRANTS FUND	74148

On the effective date of this section, or as soon as possible	74149
thereafter, the Director of Budget and Management shall transfer	74150
the cash balance in the Trauma and Emergency Medical Services	74151
Grants Fund (Fund 83P0) to the Trauma and Emergency Medical	74152
Services Fund (Fund 83M0). The Director shall cancel any existing	74153
encumbrances against appropriation item 765637, EMS Grants, and	74154
reestablish them against appropriation item 765640, EMS – Grants.	74155
The reestablished encumbrance amounts are hereby appropriated.	74156

Section 512.40. CASH TRANSFER FROM ELEMENTARY SCHOOL SEAT	74157
BELT FUND	74158

On the effective date of this section, or as soon as possible	74159
thereafter, the Director of Budget and Management shall transfer	74160
the cash balance in the Elementary School Seat Belt Fund (Fund	74161
83N0) to the Trauma and Emergency Medical Services Fund (Fund	74162
83M0). The Director shall cancel any existing encumbrances against	74163
appropriation item 761611, Elementary School Seat Belt Program,	74164
and reestablish them against appropriation item 765624, Operating	74165
Expense - Trauma and EMS. The reestablished encumbrance amounts	74166
are hereby appropriated.	74167

Section 512.50. MEDICAID PROGRAM SUPPORT STATE FUND ABOLISHED

74168

The Director of Budget and Management shall transfer any	74169
remaining cash balance in the Medicaid Program Support State Fund	74170
(Fund 5C90) to the Health Care/Medicaid Support and Recoveries	74171
Fund (Fund 5DL0) created under section 5111.941 of the Revised	74172
Code. The Medicaid Program Support State Fund (Fund 5C90) shall	74173
cease to exist once the transfer is complete.	74174

Section 600.10. That Section 753.20 of Am. Sub. H.B. 114 of	74175
the 129th General Assembly be amended to read as follows:	74176

Sec. 753.20. (A) The Governor is authorized to execute a deed	74177
in the name of the state conveying to Taylor Chevrolet, Inc.	74178
(hereinafter the "grantee"), its successors and assigns, all of	74179
the state's right, title, and interest in the following described	74180
real estate known as Ohio State Highway Patrol Post 23, 1125 Ety	74181
Road, in the City of Lancaster, County of Fairfield, State of	74182
Ohio, and in the land on which the post is situated.:	74183

Being a part of Section 27, Township 15, Range 19, Greenfield	74184
Township, Fairfield County, Ohio and being more particularly	74185
described as follows:	74186

Commencing at a point in the east line of Section 27 and in	74187
the centerline of U.S. Route 33 at Station 139 plus 53.38, (1941	74188
Survey) as shown by plans on file with the Department of Highways,	74189
said point being N 1° 21' E, 452.70 feet from the southeast corner	74190
of said Section 27; thence, along said Section line, N 1° 21 min.	74191
E, 85.21 feet, to a point in the centerline of Township Road No.	74192
201 and to an easement for electric power line of the Ohio Power	74193
Company, Deed Record Volume 166, Page 375, Recorder's Office,	74194
Fairfield County, Ohio, said point being the place of beginning of	74195
the tract herein described; thence, along said Section line and	74196
along the centerline of said Township Road, N 1° 21' E, 224.90	74197
feet, to a point; thence, leaving said road, N 74° 38' 30" W,	74198
226.61 feet, to a point; thence, S 28° 31' 30" W, 148.15 feet, to	74199
a point in the northerly right of way line of said U.S. Route 33;	74200
thence, along said northerly right of way line of said U.S. 33, S	74201
62° 01' E, 122.04 feet to a point; thence, continuing along said	74202
right of way line, S 61° 19' E, 94.12 feet, to a point; thence,	74203
continuing along said right of way line, S 60° 52' E 107.24 feet,	74204
to a point, the place of beginning containing 1.11 acres, more or	74205
less.	74206

The above described tract of land is subject to an easement	74207
for Highway purposes along Township Road No. 201.	74208

(B) ~~In preparing the deed, the Auditor of State, with the~~	74209
~~assistance of the Attorney General, shall develop a legal~~	74210
~~description of the real estate in conformity with the actual~~	74211
~~bounds of the real estate.~~	74212

~~(C)~~ Consideration for conveyance of the real estate shall be	74213
agreed upon between the Superintendent of the State Highway Patrol	74214
and the grantee.	74215

~~(D)~~(C) The deed may contain any condition or restriction that	74216
the Governor determines is reasonably necessary to protect the	74217
state's interests.	74218

~~(E)~~(D) The grantee shall pay all costs associated with the	74219
purchase and conveyance of the real estate, including recordation	74220
costs of the deed.	74221

~~(F)~~(E) Upon payment of the purchase price, the Auditor of	74222
State, with the assistance of the Attorney General, shall prepare	74223
a deed to the real estate. The deed shall state the consideration	74224
and any conditions or restrictions and shall be executed by the	74225
Governor in the name of the state, countersigned by the Secretary	74226
of State, sealed with the Great Seal of the State, presented in	74227
the Office of the Auditor of State for recording, and delivered to	74228
the grantee. The grantee shall present the deed for recording in	74229
the Office of the Fairfield County Recorder.	74230

~~(G)~~(F) The proceeds of the conveyance of the real estate	74231
shall be deposited into the state treasury to the credit of the	74232
State Highway Safety Fund.	74233

~~(H)~~(G) This section expires one year after its effective	74234
date.	74235

Section 600.11. That existing Section 753.20 of Am. Sub. H.B.	74236
114 of the 129th General Assembly is hereby repealed.	74237

Section 601.10. That Section 205.10 of Am. Sub. H.B. 114 of	74238
the 129th General Assembly, as amended by Am. Sub. H.B. 153 of the	74239
129th General Assembly, be amended to read as follows:	74240

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

74241

State Highway Safety Fund Group	74242

4W40	762321	Operating Expense - BMV	$	80,003,146	$	~~82,403,240~~ 82,003,240	74243
4W40	762410	Registrations Supplement	$	28,945,176	$	29,813,532	74244
5V10	762682	License Plate Contributions	$	2,100,000	$	2,100,000	74245
7036	761321	Operating Expense - Information and Education	$	7,124,366	$	~~7,338,097~~ 6,988,097	74246
7036	761401	Lease Rental Payments	$	9,978,300	$	2,315,700	74247
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	74248
7036	764321	Operating Expense - Highway Patrol	$	260,744,934	$	258,365,903	74249
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	74250
8300	761603	Salvage and Exchange - Administration	$	19,469	$	20,053	74251
8310	761610	Information and Education - Federal	$	422,084	$	~~434,746~~ 409,746	74252
8310	764610	Patrol - Federal	$	2,209,936	$	2,276,234	74253
8310	764659	Transportation Enforcement - Federal	$	5,519,333	$	5,684,913	74254
8310	765610	EMS - Federal	$	532,007	$	532,007	74255
8310	769610	~~Food Stamp Trafficking Enforcement - Federal~~ Investigative Unit Federal Reimbursement	$	1,546,319	$	1,546,319	74256
8310	769631	Homeland Security - Federal	$	2,184,000	$	2,184,000	74257
8320	761612	Traffic Safety - Federal	$	16,577,565	$	16,577,565	74258
8350	762616	Financial Responsibility Compliance	$	5,457,240	$	~~5,549,068~~ 5,274,068	74259
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	74260
8380	764606	Patrol Reimbursement	$	50,000	$	50,000	74261
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	74262
83F0	764657	Law Enforcement Automated Data System	$	9,053,266	$	9,053,266	74263
83G0	764633	OMVI Enforcement/Education	$	623,230	$	641,927	74264
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	74265
83M0	765624	Operating Expense - Trauma and EMS	$	2,632,106	$	2,711,069	74266
83M0	765640	EMS - Grants	$	0	$	4,229,819	74267
83N0	761611	Elementary School Seat Belt Program	$	305,600	$	~~305,600~~ 0	74268
83P0	765637	EMS Grants	$	4,106,621	$	~~4,229,819~~ 0	74269
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	74270
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	74271
8400	764607	State Fair Security	$	1,256,655	$	1,294,354	74272
8400	764617	Security and Investigations	$	6,432,686	$	6,432,686	74273
8400	764626	State Fairgrounds Police Force	$	849,883	$	849,883	74274
8400	769632	Homeland Security - Operating	$	737,791	$	737,791	74275
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	74276
8460	761625	Motorcycle Safety Education	$	3,185,013	$	3,280,563	74277
8490	762627	Automated Title Processing Board	$	17,316,755	$	14,335,513	74278
TOTAL HSF State Highway Safety Fund Group			$	490,110,733	$	~~481,261,100~~ 479,905,500	74279

General Services Fund Group	74280

4P60	768601	Justice Program Services	$	998,104	$	1,028,047	74281
4S30	766661	Hilltop Utility Reimbursement	$	540,800	$	540,800	74282
5ET0	768625	Drug Law Enforcement	$	3,780,000	$	3,893,400	74283
5Y10	764695	Highway Patrol Continuing Professional Training	$	170,000	$	170,000	74284
5Y10	767696	Investigative Unit Continuing Professional Training	$	15,000	$	15,000	74285
TOTAL GSF General Services Fund Group			$	5,503,904	$	5,647,247	74286

Federal Special Revenue Fund Group	74287

3290	763645	Federal Mitigation Program	$	10,110,332	$	10,413,642	74288
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	74289
3390	763647	Emergency Management Assistance and Training	$	75,664,821	$	77,934,765	74290
3CB0	768691	Federal Justice Grants - FFY06	$	200,000	$	50,000	74291
3CC0	768609	Justice Assistance Grants - FFY07	$	583,222	$	310,000	74292
3CD0	768610	Justice Assistance Grants – FFY08	$	310,000	$	150,000	74293
3CE0	768611	Justice Assistance Grants – FFY09	$	865,000	$	1,200,000	74294
3CV0	768697	Justice Assistance Grants Supplement – FFY08	$	2,000	$	0	74295
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,015,000	$	1,015,000	74296
3DH0	768613	Federal Stimulus - Justice Programs	$	150,000	$	150,000	74297
3DU0	762628	BMV Grants	$	1,525,000	$	~~1,580,000~~ 1,480,000	74298
3EU0	768614	Justice Assistance Grants – FFY10	$	650,000	$	920,000	74299
3L50	768604	Justice Program	$	11,400,000	$	11,400,000	74300
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	74301
TOTAL FED Federal Special Revenue Fund Group			$	130,214,683	$	~~132,862,715~~ 132,762,715	74302

State Special Revenue Fund Group	74303

4V30	763662	EMA Service and Reimbursement	$	4,368,369	$	4,499,420	74304
5390	762614	Motor Vehicle Dealers Board	$	180,000	$	185,400	74305
5B90	766632	Private Investigator and Security Guard Provider	$	1,562,637	$	1,562,637	74306
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	74307
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	74308
5CM0	767691	~~Federal Investigative Seizure~~ Investigative Unit Federal Equitable Sharing - Treasury	$	300,000	$	300,000	74309
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	74310
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	74311
5FL0	769634	Investigations	$	899,300	$	899,300	74312
5LM0	768698	Criminal Justice Services Law Enforcement Support	$	33,991	$	816,955	74313
6220	767615	Investigative Contraband and Forfeiture	$	375,000	$	375,000	74314
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	74315
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	74316
8500	767628	Investigative Unit Salvage	$	90,000	$	92,700	74317
TOTAL SSR State Special Revenue Fund Group			$	~~14,018,073~~ 14,052,064	$	~~14,157,224~~ 14,974,179	74318

Liquor Control Fund Group	74319

7043	767321		Liquor Enforcement - Operating		$	11,000,000		$	11,000,000		74320
TOTAL LCF Liquor Control Fund Group					$	11,000,000		$	11,000,000		74321

Agency Fund Group	74322

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		74323
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		74324

Holding Account Redistribution Fund Group	74325

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	74326
R052	762623	Security Deposits	$	350,000	$	350,000	74327
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	74328
TOTAL ALL BUDGET FUND GROUPS			$	~~654,582,393~~ 654,616,384	$	~~648,663,286~~ 648,024,641	74329

MOTOR VEHICLE REGISTRATION

74330

The Registrar of Motor Vehicles may deposit revenues to meet	74331
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	74332
4W40) established in section 4501.25 of the Revised Code, obtained	74333
under sections 4503.02 and 4504.02 of the Revised Code, less all	74334
other available cash. Revenue deposited pursuant to this paragraph	74335
shall support, in part, appropriations for operating expenses and	74336
defray the cost of manufacturing and distributing license plates	74337
and license plate stickers and enforcing the law relative to the	74338
operation and registration of motor vehicles. Notwithstanding	74339
section 4501.03 of the Revised Code, the revenues shall be paid	74340
into Fund 4W40 before any revenues obtained pursuant to sections	74341
4503.02 and 4504.02 of the Revised Code are paid into any other	74342
fund. The deposit of revenues to meet the aforementioned cash	74343
needs shall be in approximately equal amounts on a monthly basis	74344
or as otherwise determined by the Director of Budget and	74345
Management pursuant to a plan submitted by the Registrar of Motor	74346
Vehicles.	74347

CAPITAL PROJECTS

74348

The Registrar of Motor Vehicles may transfer cash from the	74349
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	74350
Highway Safety Fund (Fund 7036) to meet its obligations for	74351
capital projects CIR-047, Department of Public Safety Office	74352
Building and CIR-049, Warehouse Facility.	74353

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

74354

The foregoing appropriation item 761401, Lease Rental	74355
Payments, shall be used for payments to the Ohio Building	74356
Authority for the period July 1, 2011, to June 30, 2013, under the	74357
primary leases and agreements for public safety related buildings	74358
financed by obligations issued under Chapter 152. of the Revised	74359
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	74360
Building Authority may, with approval of the Director of Budget	74361
and Management, lease capital facilities to the Department of	74362
Public Safety.	74363

HILLTOP TRANSFER

74364

The Director of Public Safety shall determine, per an	74365
agreement with the Director of Transportation, the share of each	74366
debt service payment made out of appropriation item 761401, Lease	74367
Rental Payments, that relates to the Department of	74368
Transportation's portion of the Hilltop Building Project, and	74369
shall certify to the Director of Budget and Management the amounts	74370
of this share. The Director of Budget and Management shall	74371
transfer the amounts of such shares from the Highway Operating	74372
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	74373

CASH TRANSFERS TO TRAUMA AND EMERGENCY MEDICAL SERVICES FUND

74374

On July 1, 2011, or as soon as possible thereafter, the	74375
Director of Budget and Management shall transfer the unexpended	74376
and unencumbered cash balance in the Seat Belt Education Fund	74377
(Fund 8440) to the Trauma and Emergency Medical Services Fund	74378
(Fund 83M0). Upon completion of the transfer, Fund 8440 is	74379
abolished. The Director shall cancel any existing encumbrances	74380
against appropriation item 761613, Seat Belt Education Program,	74381
and reestablish them against appropriation item 765624, Operating	74382
Expense - Trauma and EMS. The reestablished encumbrance amounts	74383
are hereby appropriated.	74384

CASH TRANSFERS BETWEEN FUNDS

74385

Notwithstanding any provision of law to the contrary, the	74386
Director of Budget and Management, upon the written request of the	74387
Director of Public Safety, may approve the transfer of cash	74388
between the following six funds: the Trauma and Emergency Medical	74389
Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0),	74390
the Investigations Fund (Fund 5FL0), the Emergency Management	74391
Agency Service and Reimbursement Fund (Fund 4V30), the Justice	74392
Program Services Fund (Fund 4P60), and the State Bureau of Motor	74393
Vehicles Fund (Fund 4W40).	74394

CASH TRANSFERS TO SECURITY, INVESTIGATIONS, AND POLICING FUND

74395

Notwithstanding any provision of law to the contrary, the	74396
Director of Budget and Management, upon the written request of the	74397
Director of Public Safety, may approve the transfer of cash from	74398
the Continuing Professional Training Fund (Fund 5Y10), the State	74399
Highway Patrol Contraband, Forfeiture, and Other Fund (Fund 83C0),	74400
the Trauma and Emergency Medical Services Fund (Fund 83M0), and	74401
the Highway Safety Salvage and Exchange Highway Patrol Fund (Fund	74402
8410) to the Security, Investigations, and Policing Fund (Fund	74403
8400).	74404

CASH TRANSFERS OF SEAT BELT FINE REVENUES

74405

Notwithstanding any provision of law to the contrary, the	74406
Controlling Board, upon request of the Director of Public Safety,	74407
may approve the transfer of cash between the following ~~four~~three	74408
funds that receive fine revenues from enforcement of the mandatory	74409
seat belt law: the Trauma and Emergency Medical Services Fund	74410
(Fund 83M0), the Elementary School Program Fund (Fund 83N0), and	74411
the Trauma and Emergency Medical Services Grants Fund (Fund 83P0).	74412

STATE DISASTER RELIEF

74413

The State Disaster Relief Fund (Fund 5330) may accept	74414
transfers of cash and appropriations from Controlling Board	74415
appropriation items for Ohio Emergency Management Agency disaster	74416
response costs and disaster program management costs, and may also	74417
be used for the following purposes:	74418

(A) To accept transfers of cash and appropriations from	74419
Controlling Board appropriation items for Ohio Emergency	74420
Management Agency public assistance and mitigation program match	74421
costs to reimburse eligible local governments and private	74422
nonprofit organizations for costs related to disasters;	74423

(B) To accept and transfer cash to reimburse the costs	74424
associated with Emergency Management Assistance Compact (EMAC)	74425
deployments;	74426

(C) To accept disaster related reimbursement from federal,	74427
state, and local governments. The Director of Budget and	74428
Management may transfer cash from reimbursements received by this	74429
fund to other funds of the state from which transfers were	74430
originally approved by the Controlling Board.	74431

(D) To accept transfers of cash and appropriations from	74432
Controlling Board appropriation items to fund the State Disaster	74433
Relief Program, for disasters that have been declared by the	74434
Governor, and the State Individual Assistance Program for	74435
disasters that have been declared by the Governor and the federal	74436
Small Business Administration. The Ohio Emergency Management	74437
Agency shall publish and make available application packets	74438
outlining procedures for the State Disaster Relief Program and the	74439
State Individual Assistance Program.	74440

JUSTICE ASSISTANCE GRANT FUND

74441

The federal payments made to the state for the Byrne Justice	74442
Assistance Grants Program under Title II of Division A of the	74443
American Recovery and Reinvestment Act of 2009 shall be deposited	74444
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	74445
which is hereby created in the state treasury. All investment	74446
earnings of the fund shall be credited to the fund.	74447

FEDERAL STIMULUS – JUSTICE PROGRAMS

74448

The federal payments made to the state for the Violence	74449
Against Women Formula Grant under Title II of Division A of the	74450
American Recovery and Reinvestment Act of 2009 shall be deposited	74451
to the credit of the Federal Stimulus – Justice Programs Fund	74452
(Fund 3DH0).	74453

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	74454
AGENCY SERVICE AND REIMBURSEMENT FUND	74455

On July 1 of each fiscal year, or as soon as possible	74456
thereafter, the Director of Budget and Management shall transfer	74457
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to	74458
the Emergency Management Agency Service and Reimbursement Fund	74459
(Fund 4V30) to be distributed to the Ohio Task Force One – Urban	74460
Search and Rescue Unit and other urban search and rescue programs	74461
around the state.	74462

FAMILY VIOLENCE PREVENTION FUND

74463

Notwithstanding any provision of law to the contrary, in each	74464
of fiscal years 2012 and 2013, the first $750,000 received to the	74465
credit of the Family Violence Prevention Fund (Fund 5BK0) shall be	74466
appropriated to appropriation item 768689, Family Violence Shelter	74467
Programs, and the next $400,000 received to the credit of Fund	74468
5BK0 in each of those fiscal years shall be appropriated to	74469
appropriation item 768687, Criminal Justice Services - Operating.	74470
Any moneys received to the credit of Fund 5BK0 in excess of the	74471
aforementioned appropriated amounts in each fiscal year shall,	74472
upon the approval of the Controlling Board, be used to provide	74473
grants to family violence shelters in Ohio.	74474

SARA TITLE III HAZMAT PLANNING

74475

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	74476
entitled to receive grant funds from the Emergency Response	74477
Commission to implement the Emergency Management Agency's	74478
responsibilities under Chapter 3750. of the Revised Code.	74479

COLLECTIVE BARGAINING INCREASES

74480

Notwithstanding division (D) of section 127.14 and division	74481
(B) of section 131.35 of the Revised Code, except for the General	74482
Revenue Fund, the Controlling Board may, upon the request of	74483
either the Director of Budget and Management, or the Department of	74484
Public Safety with the approval of the Director of Budget and	74485
Management, increase appropriations for any fund, as necessary for	74486
the Department of Public Safety, to assist in paying the costs of	74487
increases in employee compensation that have occurred pursuant to	74488
collective bargaining agreements under Chapter 4117. of the	74489
Revised Code and, for exempt employees, under section 124.152 of	74490
the Revised Code.	74491

CASH BALANCE FUND REVIEW

74492

Not later than the first day of April in each fiscal year of	74493
the biennium, the Director of Budget and Management shall review	74494
the cash balances for each fund, except the State Highway Safety	74495
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	74496
4W40), in the State Highway Safety Fund Group, and shall recommend	74497
to the Controlling Board an amount to be transferred to the credit	74498
of Fund 7036 or Fund 4W40, as appropriate.	74499

Section 601.11. That existing Section 205.10 of Am. Sub. H.B.	74500
114 of the 129th General Assembly, as amended by Am. Sub. H.B. 153	74501
of the 129th General Assembly, is hereby repealed.	74502

Section 601.20. That Section 201 of Sub. H.B. 123 of the	74503
129th General Assembly be amended to read as follows:	74504

Sec. 201. All items in Sections 201 and 203 of this act are	74505
hereby appropriated out of any moneys in the state treasury to the	74506
credit of the designated fund. For all appropriations made in this	74507
act, those in the first column are for fiscal year 2012, and those	74508
in the second column are for fiscal year 2013.	74509

FND

AI TITLE

Appropriations

74510

BWC BUREAU OF WORKERS' COMPENSATION	74511

Workers' Compensation Fund Group	74512

7023	855401	William Green Lease Payments to OBA	$	18,291,365	$	17,533,370	74513
7023	855407	Claims, Risk and Medical Management	$	125,427,732	$	~~124,192,959~~ 122,492,959	74514
7023	855408	Fraud Prevention	$	11,331,154	$	11,164,226	74515
7023	855409	Administrative Services	$	101,724,950	$	~~104,136,037~~ 103,346,037	74516
7023	855410	Attorney General Payments	$	4,621,850	$	4,621,850	74517
8220	855606	Coal Workers' Fund	$	150,586	$	147,666	74518
8230	855608	Marine Industry	$	76,532	$	75,527	74519
8250	855605	Disabled Workers Relief Fund	$	322,266	$	319,718	74520
8260	855609	Safety and Hygiene Operating	$	20,382,567	$	20,161,132	74521
8260	855610	Gear Program	$	4,000,000	$	4,000,000	74522
8290	855604	Long Term Care Loan Program	$	1,000,000	$	~~1,000,000~~ 100,000	74523
TOTAL WCF Workers' Compensation							74524
Fund Group			$	287,329,002	$	~~287,352,485~~ 283,962,485	74525

Federal Special Revenue Fund Group	74526

3490	855601	OSHA Enforcement	$	1,670,998	$	1,647,515	74527
TOTAL FED Federal Special Revenue Fund Group			$	1,670,998	$	1,647,515	74528
TOTAL ALL BUDGET FUND GROUPS			$	289,000,000	$	~~289,000,000~~ 285,610,000	74529

WILLIAM GREEN LEASE PAYMENTS

74530

The foregoing appropriation item 855401, William Green Lease	74531
Payments to OBA, shall be used for lease payments to the Ohio	74532
Building Authority, and these appropriations shall be used to meet	74533
all payments at the times they are required to be made during the	74534
period from July 1, 2011, to June 30, 2013, by the Bureau of	74535
Workers' Compensation to the Ohio Building Authority pursuant to	74536
leases and agreements made under Chapter 152. of the Revised Code	74537
and Section 6 of Am. Sub. H.B. 743 of the 118th General Assembly.	74538
Of the amounts received in Fund 7023, appropriation item 855401,	74539
William Green Lease Payments to OBA, up to $35,824,735 shall be	74540
restricted for lease rental payments to the Ohio Building	74541
Authority. If it is determined that additional appropriations are	74542
necessary for such purpose, such amounts are hereby appropriated.	74543

Notwithstanding any provision of law to the contrary, all	74544
tenants of the William Green Building not funded by the Workers'	74545
Compensation Fund (Fund 7023) shall pay their fair share of the	74546
costs of lease payments to the Workers' Compensation Fund (Fund	74547
7023) by intrastate transfer voucher.	74548

WORKERS' COMPENSATION FRAUD UNIT

74549

The Workers' Compensation Section Fund (Fund 1950)	74550
administered by the Attorney General shall receive payments from	74551
the Bureau of Workers' Compensation at the beginning of each	74552
quarter of each fiscal year to fund expenses of the Workers'	74553
Compensation Fraud Unit within the Attorney General's Office. Of	74554
the foregoing appropriation item 855410, Attorney General	74555
Payments, $828,200 in fiscal year 2012 and $828,200 in fiscal year	74556
2013 shall be used to provide these payments.	74557

SAFETY AND HYGIENE

74558

Notwithstanding section 4121.37 of the Revised Code, the	74559
Treasurer of State shall transfer $20,382,567 cash in fiscal year	74560
2012 and $20,161,132 cash in fiscal year 2013 from the State	74561
Insurance Fund to the Safety and Hygiene Fund (Fund 8260).	74562

OSHA ON-SITE CONSULTATION PROGRAM

74563

The Bureau of Workers' Compensation may designate a portion	74564
of appropriation item 855609, Safety and Hygiene Operating, to be	74565
used to match federal funding for the federal Occupational Safety	74566
and Health Administration's (OSHA) on-site consultation program.	74567

VOCATIONAL REHABILITATION

74568

The Bureau of Workers' Compensation and the Rehabilitation	74569
Services Commission shall enter into an interagency agreement for	74570
the provision of vocational rehabilitation services and staff to	74571
mutually eligible clients. The bureau shall provide $605,407 in	74572
fiscal year 2012 and $605,407 in fiscal year 2013 from the State	74573
Insurance Fund to fund vocational rehabilitation services and	74574
staff in accordance with the interagency agreement.	74575

FUND BALANCE

74576

Any unencumbered cash balance in excess of $45,000,000 in the	74577
Workers' Compensation Fund (Fund 7023) on the thirtieth day of	74578
June of each fiscal year shall be used to reduce the	74579
administrative cost rate charged to employers to cover	74580
appropriations for Bureau of Workers' Compensation operations.	74581

Section 601.21. That existing Section 201 of Sub. H.B. 123 of	74582
the 129th General Assembly is hereby repealed.	74583

Section 601.30. That Section 1 of H.B. 124 of the 129th	74584
General Assembly be amended to read as follows:	74585

Sec. 1. All items in this section are hereby appropriated out	74586
of any moneys in the state treasury to the credit of the	74587
designated fund. For all appropriations made in this section,	74588
those in the first column are for fiscal year 2012, and those in	74589
the second column are for fiscal year 2013.	74590

Appropriations

74591

FND

AI TITLE

FY 2012

FY 2013

74592

OIC INDUSTRIAL COMMISSION	74593

Workers' Compensation Fund Group	74594

5W30	845321	Operating Expenses	$	50,100,000	$	~~48,900,000~~ 47,732,000	74595
5W30	845402	Rent - William Green Building	$	5,500,000	$	5,500,000	74596
5W30	845410	Attorney General Payments	$	3,900,000	$	4,000,000	74597
TOTAL WCF Workers' Compensation							74598
Fund Group			$	59,500,000	$	~~58,400,000~~ 57,232,000	74599
TOTAL ALL BUDGET FUND GROUPS			$	59,500,000	$	~~58,400,000~~ 57,232,000	74600

RENT - WILLIAM GREEN BUILDING

74601

The foregoing appropriation item 845402, Rent - William Green	74602
Building, shall be used for rent and operating expenses for the	74603
space occupied by the Industrial Commission in the William Green	74604
Building.	74605

Section 601.31. That existing Section 1 of H.B. 124 of the	74606
129th General Assembly is hereby repealed.	74607

Section 601.40. That Sections 205.10, 207.10, 207.10.80,	74608
207.20.10, 207.20.30, 207.20.90, 209.10, 209.20, 209.30, 211.10,	74609
215.10, 215.20, 223.10, 229.10, 243.10, 245.10, 261.10.40,	74610
261.10.70, 261.20.40, 261.20.50, 261.20.60, 261.20.80, 261.20.90,	74611
261.30.10, 261.30.20, 261.30.30, 261.30.40, 261.30.60, 261.30.70,	74612
261.30.80, 261.30.90, 261.40.10, 263.10, 263.10.30, 263.10.90,	74613
263.20.40, 263.20.70, 267.10, 267.10.10, 267.10.20, 267.10.40,	74614
267.30.20, 267.30.40, 267.40.40, 279.10, 283.10, 285.10, 287.10,	74615
291.10, 305.10, 307.10, 309.10, 309.30.10, 309.30.30, 309.30.33,	74616
309.30.53, 309.30.73, 309.35.73, 309.60.20, 313.10, 315.10,	74617
323.10, 327.10, 337.10, 343.10, 343.40, 365.10, 367.10, 369.10,	74618
371.10, 371.30.30, 371.50.61, 371.50.65, 371.60.80, 373.10,	74619
375.10, 379.10, 387.10, 403.10, 411.10, 415.10, 503.50, 521.70,	74620
701.40, and 753.25 of Am. Sub. H.B. 153 of the 129th General	74621
Assembly be amended to read as follows:	74622

Sec. 205.10. ADJ ADJUTANT GENERAL

74623

General Revenue Fund	74624

GRF	745401	Ohio Military Reserve	$	12,308	$	12,308	74625
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	74626
GRF	745407	National Guard Benefits	$	400,000	$	400,000	74627
GRF	745409	Central Administration	$	2,692,098	$	~~2,692,098~~ 2,682,098	74628
GRF	745499	Army National Guard	$	3,687,888	$	3,689,871	74629
TOTAL GRF General Revenue Fund			$	8,602,900	$	~~8,604,883~~ 8,594,883	74630

General Services Fund Group	74631

5340	745612	Property Operations Management	$	534,304	$	534,304	74632
5360	745605	Marksmanship Activities	$	128,600	$	128,600	74633
5360	745620	Camp Perry and Buckeye Inn Operations	$	1,178,311	$	978,846	74634
5370	745604	Ohio National Guard Facilities Maintenance	$	62,000	$	62,000	74635
TOTAL GSF General Services Fund Group			$	1,903,215	$	1,703,750	74636

Federal Special Revenue Fund Group	74637

3410	745615	Air National Guard Base Security	$	2,977,692	$	2,977,692	74638
3420	745616	Army National Guard Service Agreement	$	10,970,050	$	10,970,050	74639
3E80	745628	Air National Guard Operations and Maintenance	$	16,958,595	$	16,958,595	74640
3R80	745603	Counter Drug Operations	$	25,000	$	25,000	74641
TOTAL FED Federal Special Revenue Fund Group			$	30,931,337	$	30,931,337	74642

State Special Revenue Fund Group	74643

5U80	745613		Community Match Armories		$	250,000		$	250,000		74644
TOTAL SSR State Special Revenue Fund Group					$	250,000		$	250,000		74645

TOTAL ALL BUDGET FUND GROUPS

41,687,452

~~41,489,970~~ 41,479,970

74646

NATIONAL GUARD BENEFITS

74647

The foregoing appropriation item 745407, National Guard	74648
Benefits, shall be used for purposes of sections 5919.31 and	74649
5919.33 of the Revised Code, and for administrative costs of the	74650
associated programs.	74651

For active duty members of the Ohio National Guard who died	74652
after October 7, 2001, while performing active duty, the death	74653
benefit, pursuant to section 5919.33 of the Revised Code, shall be	74654
paid to the beneficiary or beneficiaries designated on the	74655
member's Servicemembers' Group Life Insurance Policy.	74656

STATE ACTIVE DUTY COSTS

74657

Of the foregoing appropriation item 745409, Central	74658
Administration, $50,000 in each fiscal year shall be used for the	74659
purpose of paying expenses related to state active duty of members	74660
of the Ohio organized militia, in accordance with a proclamation	74661
of the Governor. Expenses include, but are not limited to, the	74662
cost of equipment, supplies, and services, as determined by the	74663
Adjutant General's Department.	74664

Sec. 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

74665

General Revenue Fund	74666

GRF	100403	Public Employees Health Care Program	$	400,000	$	~~400,000~~ 344,000	74667
GRF	100415	OAKS Rental Payments	$	23,024,500	$	23,006,300	74668
GRF	100416	STARS Lease Rental Payments	$	4,970,700	$	4,971,300	74669
GRF	100418	Web Sites and Business Gateway	$	2,895,063	$	~~2,795,176~~ 0	74670
GRF	100419	IT Security Infrastructure	$	742,535	$	~~742,648~~ 0	74671
GRF	100439	Equal Opportunity Certification Programs	$	625,000	$	~~625,000~~ 0	74672
GRF	100447	OBA - Building Rent Payments	$	53,260,000	$	83,504,200	74673
GRF	100448	OBA - Building Operating Payments	$	21,000,000	$	~~21,000,000~~ 20,000,000	74674
GRF	100449	DAS - Building Operating Payments	$	7,551,245	$	7,551,571	74675
GRF	100451	Minority Affairs	$	24,016	$	~~24,016~~ 0	74676
GRF	100452	Efficiency & Results Program	$	0	$	650,000	74677
GRF	100456	State IT Services	$	0	$	3,537,824	74678
GRF	100457	Equal Opportunity Services	$	0	$	1,610,516	74679
GRF	100458	State Construction Management Services	$	0	$	2,745,751	74680
GRF	102321	Construction Compliance	$	920,000	$	~~920,000~~ 0	74681
GRF	130321	State Agency Support Services	$	2,779,457	$	~~2,780,032~~ 2,752,232	74682
TOTAL GRF General Revenue Fund			$	118,192,516	$	~~148,320,243~~ 150,673,694	74683

General Services Fund Group	74684

1120	100616	DAS Administration	$	5,974,625	$	~~5,886,524~~ 5,827,659	74685
1150	100632	Central Service Agency	$	911,995	$	~~912,305~~ 903,182	74686
1170	100644	General Services Division - Operating	$	13,000,000	$	13,000,000	74687
1220	100637	Fleet Management	$	3,978,827	$	~~4,204,066~~ 4,412,025	74688
1250	100622	Human Resources Division - Operating	$	16,922,295	$	~~16,717,009~~ 16,549,839	74689
1250	100657	Benefits Communication	$	925,586	$	~~921,531~~ 912,316	74690
1280	100620	Collective Bargaining	$	3,462,529	$	~~3,464,148~~ 3,429,507	74691
1300	100606	Risk Management Reserve	$	10,349,494	$	~~12,149,884~~ 12,028,385	74692
1310	100639	State Architect's Office	$	9,812,132	$	~~9,813,342~~ 9,463,342	74693
1320	100631	DAS Building Management	$	11,000,000	$	11,000,000	74694
1330	100607	IT Services Delivery	$	58,088,940	$	~~58,103,005~~ 57,521,975	74695
1880	100649	Equal Opportunity Division - Operating	$	939,559	$	863,013	74696
2100	100612	State Printing	$	17,597,054	$	16,659,526	74697
2290	100630	IT Governance	$	14,000,000	$	14,000,000	74698
2290	100640	Leveraged Enterprise Purchases	$	3,000,000	$	~~3,000,000~~ 2,816,535	74699
4270	100602	Investment Recovery	$	4,100,000	$	~~4,100,000~~ 4,000,000	74700
4N60	100617	Major IT Purchases	$	1,950,000	$	4,950,000	74701
4P30	100603	DAS Information Services	$	5,047,565	$	~~4,979,392~~ 4,929,598	74702
5C20	100605	MARCS Administration	$	14,075,705	$	14,077,467	74703
5C30	100608	Skilled Trades	$	404,297	$	~~404,375~~ 204,375	74704
5EB0	100635	OAKS Support Organization	$	19,000,539	$	~~19,003,108~~ 18,813,077	74705
5EB0	100656	OAKS Updates and Developments	$	12,265,952	$	~~8,743,462~~ 8,656,027	74706
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	74707
5L70	100610	Professional Development	$	2,496,679	$	2,496,760	74708
5V60	100619	Employee Educational Development	$	800,000	$	850,000	74709
5X30	100634	Centralized Gateway Enhancement	$	2,052,308	$	2,052,308	74710
TOTAL GSF General Services Fund							74711
Group			$	232,306,081	$	~~232,501,225~~ 230,566,916	74712

Federal Special Revenue Fund Group	74713

3AJ0	100654	ARRA Broadband Mapping Grant	$	270,756	$	106,347	74714
TOTAL FED Federal Special Revenue							74715
Fund Group			$	270,756	$	106,347	74716

State Special Revenue Fund Group	74717

5JQ0	100658	~~Professions~~ Professionals Licensing System	$	2,000,000	$	~~1,000,000~~ 990,000	74718
TOTAL SSR State Special Revenue							74719
Fund Group			$	2,000,000	$	~~1,000,000~~ 990,000	74720
TOTAL ALL BUDGET FUND GROUPS			$	352,769,353	$	~~381,927,815~~ 382,336,957	74721

Sec. 207.10.80. DAS - BUILDING OPERATING PAYMENTS

74723

The foregoing appropriation item 100449, DAS - Building	74724
Operating Payments, shall be used to pay the rent expenses of	74725
veterans organizations pursuant to section 123.024 of the Revised	74726
Code in fiscal years 2012 and 2013.	74727

The foregoing appropriation item, 100449, DAS - Building	74728
Operating Payments, also may be used to provide funding for the	74729
cost of property appraisals or building studies that the	74730
Department of Administrative Services may be required to obtain	74731
for property that is being sold by the state or property under	74732
consideration to be renovated or purchased by the state.	74733

Notwithstanding section 125.28 of the Revised Code, the	74734
remaining portion of the appropriation may be used to pay the	74735
operating expenses of state facilities maintained by the	74736
Department of Administrative Services that are not billed to	74737
building tenants, or other costs associated with the Voinovich	74738
Center in Youngstown, Ohio. These expenses may include, but are	74739
not limited to, the costs for vacant space and space undergoing	74740
renovation, and the rent expenses of tenants that are relocated	74741
because of building renovations. These payments shall be processed	74742
by the Department of Administrative Services through intrastate	74743
transfer vouchers and placed in the Building Management Fund (Fund	74744
1320).	74745

STATE IT SERVICES

74746

The foregoing appropriation item 100456, State IT Services,	74747
shall be used to pay costs associated with the Ohio Business	74748
Gateway, State Portal, and Shared Hosting Service that were	74749
formerly paid from appropriation item 100418, Web Sites and	74750
Business Gateway, and costs associated with statewide operators	74751
and the Ohio Geographically Referenced Information Program that	74752
were formerly paid from appropriation item 100419, IT Security	74753
Infrastructure. The Director of Budget and Management shall cancel	74754
any existing encumbrances against appropriation items 100418, Web	74755
Site and Business Gateway and 100419, IT Security Infrastructure,	74756
and reestablish them against appropriation item 100456, State IT	74757
Services. The reestablished encumbrance amounts are hereby	74758
appropriated.	74759

EQUAL OPPORTUNITY SERVICES

74760

The foregoing appropriation item 100457, Equal Opportunity	74761
Services, shall be used to pay costs associated with the	74762
certification of businesses for participation in the Minority	74763
Business Enterprise and Encouraging Diversity, Growth and Equity	74764
Programs that were formerly paid from appropriation item 100439,	74765
Equal Opportunity Certification Programs; the activities of the	74766
Ohio Dr. Martin Luther King, Jr. Holiday Commission that were	74767
formerly paid from appropriation item 100451, Minority Affairs;	74768
and the monitoring of equal employment opportunity (EEO) and	74769
affirmative action requirements to ensure contractors bidding on	74770
and receiving contracts comply with EEO laws, rules, and	74771
regulations that were formerly paid from appropriation item	74772
102321, Construction Compliance. The Director of Budget and	74773
Management shall cancel any existing encumbrances against	74774
appropriation items 100439, Equal Opportunity Certification	74775
Programs; 100451, Minority Affairs; and 102321, Construction	74776
Compliance, and reestablish them against appropriation item	74777
100457, Equal Opportunity Services. The reestablished encumbrance	74778
amounts are hereby appropriated.	74779

STATE CONSTRUCTION MANAGEMENT SERVICES

74780

The foregoing appropriation item 100458, State Construction	74781
Management Services, shall be used to pay costs of statewide	74782
shared construction-related services and capital improvement	74783
project management services provided through the state's	74784
enterprise resource planning system.	74785

CASH TRANSFER FROM THE WORKFORCE DEVELOPMENT FUND TO THE	74786
HUMAN RESOURCES SERVICES FUND	74787

Upon request of the Director of Administrative Services, in	74788
FY 2013, the Director of Budget and Management shall transfer up	74789
to $975,000 from the Workforce Development Fund (Fund 5D70) to the	74790
Human Resources Services Fund (Fund 1250) to support one-time	74791
human resources administration activities for state agencies.	74792

Sec. 207.20.10. GENERAL SERVICE CHARGES

74793

The Department of Administrative Services, with the approval	74794
of the Director of Budget and Management, shall establish charges	74795
for recovering the costs of administering the programs funded by	74796
the General Services Fund (Fund 1170) and the State Printing Fund	74797
(Fund 2100). Such charges within Fund 1170 may be used to recover	74798
the cost of paying a vendor to establish reduced pricing for	74799
contracted supplies or services.	74800

If the Director of Administrative Services determines that	74801
additional amounts are necessary to pay for consulting and	74802
administrative costs related to securing lower pricing, the	74803
Director of Administrative Services may request that the Director	74804
of Budget and Management approve additional expenditures. Such	74805
approved additional amounts are appropriated to appropriation item	74806
100644, General Services Division-Operating.	74807

Sec. 207.20.30. EQUAL OPPORTUNITY PROGRAM

74808

The Department of Administrative Services, with the approval	74809
of the Director of Budget and Management, shall establish charges	74810
for recovering the costs of administering the activities supported	74811
by the State EEO Fund (Fund 1880). These charges shall be	74812
deposited to the credit of the State EEO Fund (Fund 1880) upon	74813
payment made by state agencies, state-supported or state-assisted	74814
institutions of higher education, and tax-supported agencies,	74815
municipal corporations, and other political subdivisions of the	74816
state, for services rendered.	74817

LEVERAGED ENTERPRISE PURCHASES

74818

The foregoing appropriation item 100640, Leveraged Enterprise	74819
Purchases, shall be used by the Department of Administrative	74820
Services to make information technology purchases for the benefit	74821
of one or more government entities as authorized under division	74822
(G) of section 125.18 of the Revised Code. If the Director of	74823
Administrative Services determines that the existing appropriation	74824
is insufficient to timely make such purchases, the Director of	74825
Administrative Services shall seek Controlling Board approval for	74826
an increase in appropriation to make the requested purchases.	74827

Sec. 207.20.90. ~~CASH TRANSFERS FROM THE MAJOR IT PURCHASES~~	74828
~~FUND~~	74829

~~Upon request of the Director of Administrative Services, the~~	74830
~~Director of Budget and Management may make the following transfers~~	74831
~~from the Major IT Purchases Fund (Fund 4N60):~~	74832

~~(1) Up to $2,800,000 in each fiscal year of the biennium to~~	74833
~~the State Architect's Fund (Fund 1310) to support the OAKS Capital~~	74834
~~Improvements Module and other costs of the State Architect's~~	74835
~~Office that are not directly related to capital projects managed~~	74836
~~by the State Architect;~~	74837

~~(2) Up to $310,276 in fiscal year 2012 and up to $305,921 in~~	74838
~~fiscal year 2013 to the Director's Office Fund (Fund 1120) to~~	74839
~~support operating expenses of the Accountability and Results~~	74840
~~Initiative.~~	74841

CASH TRANSFERS TO THE MAJOR IT PURCHASES FUND

74842

Upon request of the Director of Administrative Services, the	74843
Director of Budget and Management may transfer up to $4,000,000	74844
from the OAKS Support Organization Fund (Fund 5EB0) to the Major	74845
IT Purchases Fund (Fund 4N60). This amount represents cash	74846
transferred from Fund 4N60 during fiscal year 2010 pursuant to	74847
Section 207.30.80 of Am. Sub. H.B. 1 of the 128th General	74848
Assembly. Any portion of appropriation item 100617, Major IT	74849
Purchases, that is unencumbered and unexpended at the end of	74850
fiscal year 2012 is hereby reappropriated for fiscal year 2013.	74851

Sec. 209.10. AGE DEPARTMENT OF AGING

74852

General Revenue Fund	74853

GRF	490321	Operating Expenses	$	1,501,616	$	~~1,502,442~~ 1,487,418	74854
GRF	490410	Long-Term Care Ombudsman	$	482,271	$	~~482,271~~ 477,448	74855
GRF	490411	Senior Community Services	$	7,130,952	$	~~7,131,236~~ 7,060,844	74856
GRF	490414	Alzheimer's Respite	$	1,917,740	$	~~1,917,757~~ 1,895,245	74857
GRF	490423	Long-Term Care Budget - State	$	3,419,250	$	~~3,419,250~~ 3,385,057	74858
GRF	490506	National Senior Service Corps	$	241,413	$	241,413	74859
TOTAL GRF General Revenue Fund			$	14,693,242	$	~~14,694,369~~ 14,547,425	74860

General Services Fund Group	74861

4800	490606	Senior Community Outreach and Education	$	372,518	$	372,523	74862
TOTAL GSF General Services Fund							74863
Group			$	372,518	$	372,523	74864

Federal Special Revenue Fund Group	74865

3220	490618	Federal Aging Grants	$	14,000,000	$	14,000,000	74866
3C40	490623	Long-Term Care Budget	$	3,525,000	$	3,525,000	74867
3M40	490612	Federal Independence Services	$	63,655,080	$	63,655,080	74868
TOTAL FED Federal Special Revenue							74869
Fund Group			$	81,180,080	$	81,180,080	74870

State Special Revenue Fund Group	74871

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	~~935,000~~ 2,435,000	74872
5BA0	490620	Ombudsman Support	$	750,000	$	750,000	74873
5K90	490613	Long-Term Care Consumers Guide	$	1,059,400	$	1,059,400	74874
5W10	490616	Resident Services Coordinator Program	$	344,692	$	344,700	74875
TOTAL SSR State Special Revenue							74876
Fund Group			$	3,089,092	$	~~3,089,100~~ 4,589,100	74877
TOTAL ALL BUDGET FUND GROUPS			$	99,334,932	$	~~99,336,072~~ 100,689,128	74878

Sec. 209.20. LONG-TERM CARE

74880

Pursuant to an interagency agreement, the Department of Job	74881
and Family Services ~~shall~~may designate the Department of Aging to	74882
perform assessments under section 5111.204 of the Revised Code.	74883
The Department of Aging shall provide long-term care consultations	74884
under section 173.42 of the Revised Code to assist individuals in	74885
planning for their long-term health care needs.	74886

The Department of Aging shall administer the Medicaid	74887
waiver-funded PASSPORT Home Care Program, the Choices Program, the	74888
Assisted Living Program, and the PACE Program as delegated by the	74889
Department of Job and Family Services in an interagency agreement.	74890
The foregoing appropriation items 490423, Long-Term Care Budget -	74891
State, and 490623, Long-Term Care Budget, may be used to support	74892
the Department of Aging's administrative costs associated with	74893
operating the PASSPORT, Choices, Assisted Living, and PACE	74894
programs.	74895

Sec. 209.30. LONG-TERM CARE OMBUDSMAN

74896

The foregoing appropriation item 490410, Long-Term Care	74897
Ombudsman, shall be used for a program to fund ombudsman program	74898
activities as authorized in sections 173.14 to 173.27 and section	74899
173.99 of the Revised Code.	74900

SENIOR COMMUNITY SERVICES

74901

The foregoing appropriation item 490411, Senior Community	74902
Services, shall be used for services designated by the Department	74903
of Aging, including, but not limited to, home-delivered and	74904
congregate meals, transportation services, personal care services,	74905
respite services, adult day services, home repair, care	74906
coordination, and decision support systems. Service priority shall	74907
be given to low income, frail, and cognitively impaired persons 60	74908
years of age and over. The department shall promote cost sharing	74909
by service recipients for those services funded with senior	74910
community services funds, including, when possible, sliding-fee	74911
scale payment systems based on the income of service recipients.	74912

ALZHEIMER'S RESPITE

74913

The foregoing appropriation item 490414, Alzheimer's Respite,	74914
shall be used to fund only Alzheimer's disease services under	74915
section 173.04 of the Revised Code.	74916

SENIOR COMMUNITY OUTREACH AND EDUCATION

74917

The foregoing appropriation item 490606, Senior Community	74918
Outreach and Education, may be used to provide training to workers	74919
in the field of aging pursuant to division (G) of section 173.02	74920
of the Revised Code.	74921

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	74922
AND FEDERAL AGING GRANTS	74923

At the request of the Director of Aging, the Director of	74924
Budget and Management may transfer appropriation between	74925
appropriation items 490612, Federal Independence Services, and	74926
490618, Federal Aging Grants. The amounts transferred shall not	74927
exceed 30 per cent of the appropriation from which the transfer is	74928
made. Any transfers shall be reported by the Department of Aging	74929
to the Controlling Board at the next scheduled meeting of the	74930
board.	74931

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

74932

~~The~~Of the foregoing appropriation item 490609, Regional	74933
Long-Term Care Ombudsman Program, $935,000 in each fiscal year	74934
shall be used to pay the costs of operating the regional long-term	74935
care ombudsman programs designated by the Long-Term Care	74936
Ombudsman.	74937

Notwithstanding division (B) of section 173.26 of the Revised	74938
Code, of the foregoing appropriation item 490609, Regional	74939
Long-Term Care Ombudsman Program, $1,500,000 in fiscal year 2013	74940
shall be used for costs associated with the Aging in Place Pilot	74941
Program.	74942

TRANSFER OF RESIDENT PROTECTION FUNDS

74943

In each fiscal year, the Director of Budget and Management	74944
may transfer up to $750,000 cash from the Resident Protection Fund	74945
(Fund 4E30), which is used by the Department of Job and Family	74946
Services, to the Ombudsman Support Fund (Fund 5BA0), which is used	74947
by the Department of Aging. The moneys in the Ombudsman Support	74948
Fund may be used by the state office of the Long-Term Care	74949
Ombudsman Program and by regional ombudsman programs to promote	74950
person-centered care in nursing homes.	74951

On July 1, 2011, or as soon as possible thereafter, the	74952
Department of Aging shall certify to the Director of Budget and	74953
Management the amount of the cash balance in the Ombudsman Support	74954
Fund at the end of fiscal year 2011.	74955

LONG-TERM CARE CONSUMERS GUIDE

74956

The foregoing appropriation item 490613, Long-Term Care	74957
Consumers Guide, shall be used to conduct annual customer	74958
satisfaction surveys and to pay for other administrative expenses	74959
related to the publication of the Ohio Long-Term Care Consumer	74960
Guide.	74961

During fiscal year 2012 and fiscal year 2013, the Department	74962
of Aging shall identify methods and tools for assessing consumer	74963
satisfaction with adult care facilities and with the providers of	74964
home and community-based services. The Department shall also	74965
consider the development of a provider fee structure to support	74966
the inclusion of information about adult care facilities and	74967
providers of home and community-based services among the types of	74968
providers reviewed in the Ohio Long-Term Care Consumer Guide.	74969

Sec. 211.10. AGR DEPARTMENT OF AGRICULTURE

74970

General Revenue Fund	74971

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	74972
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	74973
GRF	700404	Ohio Proud	$	50,000	$	50,000	74974
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	74975
GRF	700407	Food Safety	$	848,792	$	848,792	74976
GRF	700409	Farmland Preservation	$	72,750	$	72,750	74977
GRF	700412	Weights and Measures	$	600,000	$	600,000	74978
GRF	700415	Poultry Inspection	$	392,978	$	392,978	74979
GRF	700418	Livestock Regulation Program	$	1,108,071	$	1,108,071	74980
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	74981
GRF	700426	Dangerous and Restricted Animals	$	0	$	500,000	74982
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	74983
GRF	700501	County Agricultural Societies	$	391,413	$	391,413	74984
TOTAL GRF General Revenue Fund			$	14,054,229	$	~~14,054,229~~14,554,229	74985

General Services Fund Group	74986

5DA0	700644	Laboratory Administration Support	$	1,094,867	$	1,094,867	74987
5GH0	700655	Central Support Indirect Cost	$	4,456,842	$	4,456,842	74988
TOTAL GSF General Services Fund Group			$	5,551,709	$	5,551,709	74989

Federal Special Revenue Fund Group	74990

3260	700618	Meat Inspection Program - Federal Share	$	4,950,000	$	4,950,000	74991
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	74992
3820	700601	Cooperative Contracts	$	2,000,000	$	2,000,000	74993
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	74994
3J40	700607	Indirect Cost	$	600,000	$	600,000	74995
3R20	700614	Federal Plant Industry	$	1,000,000	$	1,000,000	74996
TOTAL FED Federal Special Revenue							74997
Fund Group			$	9,700,000	$	9,700,000	74998

State Special Revenue Fund Group	74999

4960	700626	Ohio Grape Industries	$	846,611	$	846,611	75000
4970	700627	Commodity Handlers Regulatory Program	$	483,402	$	483,402	75001
4C90	700605	Commercial Feed and Seed	$	1,816,897	$	1,816,897	75002
4D20	700609	Auction Education	$	41,000	$	41,000	75003
4E40	700606	Utility Radiological Safety	$	131,785	$	131,785	75004
4P70	700610	Food Safety Inspection	$	1,085,836	$	1,085,836	75005
4R00	700636	Ohio Proud Marketing	$	30,500	$	30,500	75006
4R20	700637	Dairy Industry Inspection	$	1,758,247	$	1,758,247	75007
4T60	700611	Poultry and Meat Inspection	$	180,000	$	180,000	75008
4T70	700613	Ohio Proud International and Domestic Market Development	$	50,000	$	50,000	75009
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	75010
5B80	700629	Auctioneers	$	359,823	$	359,823	75011
5FC0	700648	Plant Pest Program	$	~~1,164,000~~ 3,164,000	$	1,164,000	75012
5H20	700608	Metrology Lab and Scale Certification	$	750,000	$	750,000	75013
5HP0	700656	Livestock Care Standards Board	$	80,000	$	80,000	75014
5L80	700604	Livestock Management Program	$	584,000	$	584,000	75015
6520	700634	Animal and Consumer Analytical Laboratory	$	4,366,383	$	4,366,383	75016
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	75017
TOTAL SSR State Special Revenue							75018
Fund Group			$	~~18,321,667~~ 20,321,667	$	18,321,667	75019

Clean Ohio Conservation Fund Group	75020

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		75021
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		75022

TOTAL ALL BUDGET FUND GROUPS

~~47,937,605~~ 49,937,605

~~47,937,605~~ 48,437,605

75023

DANGEROUS AND RESTRICTED WILD ANIMALS

75024

The foregoing GRF appropriation item 700426, Dangerous and	75025
Restricted Animals, shall be used to administer the Dangerous and	75026
Restricted Wild Animal Permitting Program.	75027

COUNTY AGRICULTURAL SOCIETIES

75028

The foregoing appropriation item 700501, County Agricultural	75029
Societies, shall be used to reimburse county and independent	75030
agricultural societies for expenses related to Junior Fair	75031
activities.	75032

ABOLISHMENT OF VARIOUS FUNDS

75033

Upon the effective date of this amendment, or as soon as	75034
possible thereafter, the Director of Budget and Management shall	75035
transfer the cash balances in the following twelve funds to the	75036
Indirect Cost Fund (Fund 5GH0): (1) the Federal Grants Fund (Fund	75037
3X60), (2) the Specialty Crops Support Fund (Fund 3X70), (3) the	75038
Fruits and Vegetables Fund (Fund 4930), (4) the Dairy Fund (Fund	75039
4V00), (5) the Animal Industry Fund (Fund 4VS0), (6) the Scale	75040
Certification Fund (Fund 5790), (7) the Weights and Measures	75041
Permits Fund (Fund 58F0), (8) the Food Policy Council Fund (Fund	75042
5FD0), (9) the Sustainable Agriculture Fund (Fund 5FE0), (10) the	75043
Pilot Farmland Preservation Fund (Fund 5GS0), (11) the Farm	75044
Service Electronic Filing Fund (Fund SY70), and (12) the Seed Fund	75045
(Fund SZ40). Upon completion of the cash transfers, the funds from	75046
which the required cash transfers were made are abolished. The	75047
Director shall cancel any existing encumbrances against applicable	75048
line items within the abolished funds and reestablish them against	75049
Fund 5GH0 appropriation item 700655, Central Support Indirect	75050
Cost. The reestablished encumbrance amounts are hereby	75051
appropriated.	75052

ASIAN LONGHORNED BEETLE

75053

On the effective date of this act, or as soon as possible	75054
thereafter, the Director of Budget and Management shall transfer	75055
up to $2,000,000 in cash from the General Revenue Fund to the	75056
Plant Pest Fund (Fund 5FC0).	75057

Of the foregoing appropriation item 700648, Plant Pest	75058
Program, up to $2,000,000 in FY 2012 shall be used for	75059
reforestation and the eradication of the Asian Longhorned Beetle.	75060
Any portion of this transfer that remains unexpended and	75061
unencumbered in FY 2012 is hereby reappropriated for the same	75062
purpose in FY 2013.	75063

CLEAN OHIO AGRICULTURAL EASEMENT

75064

The foregoing appropriation item 700632, Clean Ohio	75065
Agricultural Easement, shall be used by the Department of	75066
Agriculture in administering Ohio Agricultural Easement Fund (Fund	75067
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	75068
5301.70 of the Revised Code.	75069

Sec. 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	75070
SERVICES	75071

General Revenue Fund	75072

GRF	038401	Treatment Services	$	11,225,590	$	7,020,974	75073
GRF	038404	Prevention Services	$	868,659	$	868,659	75074
GRF	038501	Medicaid Match	$	23,959,113	$	0	75075
TOTAL GRF General Revenue Fund			$	36,053,362	$	7,889,633	75076

General Services Fund	75077

5T90	038616		Problem Gambling Services		$	335,000		$	335,000		75078
TOTAL GSF General Services Fund Group					$	335,000		$	335,000		75079

Federal Special Revenue Fund Group	75080

3G40	038614	Substance Abuse Block Grant	$	69,000,000	$	69,000,000	75081
3H80	038609	Demonstration Grants	$	8,675,580	$	8,675,580	75082
3J80	038610	Medicaid	$	69,200,000	$	0	75083
3N80	038611	Administrative Reimbursement	$	300,000	$	300,000	75084
TOTAL FED Federal Special Revenue							75085
Fund Group			$	147,175,580	$	77,975,580	75086

State Special Revenue Fund Group	75087

4750	038621	Statewide Treatment and Prevention	$	16,000,000	$	~~14,000,000~~ 15,500,000	75088
5JL0	038629	Problem Casino Gambling and Addictions Fund	$	226,612	$	5,446,364	75089
5JW0	038615	Board Match Reimbursement	$	3,000,000	$	3,000,000	75090
6890	038604	Education and Conferences	$	75,000	$	75,000	75091
TOTAL SSR State Special Revenue							75092
Fund Group			$	~~19,075,000~~ 19,301,612	$	~~17,075,000~~ 24,021,364	75093
TOTAL ALL BUDGET FUND GROUPS			$	~~202,638,942~~ 202,865,554	$	~~103,275,213~~ 110,221,577	75094

Sec. 215.20. ALCOHOL AND DRUG ADDICTION MEDICAID MATCH

75096

(A) As used in this section, "community alcohol and drug	75097
addiction Medicaid services" means services provided under the	75098
component, or aspect of the component, of the Medicaid program	75099
that the Department of Alcohol and Drug Addiction Services	75100
administers pursuant to a contract entered into with the	75101
Department of Job and Family Services under section 5111.91 of the	75102
Revised Code.	75103

(B) Subject to division (C) of this section, the foregoing	75104
appropriation item 038501, Medicaid Match, shall be used by the	75105
Department of Alcohol and Drug Addiction Services to make payments	75106
for community alcohol and drug addiction Medicaid services.	75107

(C) For state fiscal year 2012, the Department shall allocate	75108
foregoing appropriation item 038501, Medicaid Match, and a portion	75109
of appropriation item 038621, Statewide Treatment and Prevention,	75110
to boards of alcohol, drug addiction, and mental health services	75111
in accordance with a distribution methodology the Department shall	75112
establish. Notwithstanding sections 5111.911 and 5111.913 of the	75113
Revised Code, the boards shall use the funds allocated to them	75114
under this section to pay claims for community alcohol and drug	75115
addiction Medicaid services provided during fiscal year 2012. The	75116
boards shall use all federal financial participation that the	75117
Department receives for claims paid for community alcohol and drug	75118
addiction Medicaid services provided during fiscal year 2012 as	75119
the first payment source to pay claims for community alcohol and	75120
drug addiction Medicaid services provided during fiscal year 2012.	75121
The boards are not required to use any funds other than the funds	75122
allocated to them under this section and the federal financial	75123
participation received for claims for community alcohol and drug	75124
addiction Medicaid services provided during fiscal year 2012 to	75125
pay for such claims.	75126

(D) The Department shall enter into an agreement with each	75127
board regarding the issue of paying claims that are for community	75128
alcohol and drug addiction Medicaid services provided before July	75129
1, 2011, and submitted for payment on or after that date. Such	75130
claims shall be paid in accordance with the agreements. A board	75131
shall receive the federal financial participation received for	75132
claims for community alcohol and drug addiction Medicaid services	75133
that were provided before July 1, 2011, and paid by the board.	75134

STATEWIDE TREATMENT AND PREVENTION

75135

Of the foregoing appropriation item 038621, Statewide	75136
Treatment and Prevention, up to $1,000,000 in fiscal year 2013	75137
shall be used to fund the pilot program for opioid- and	75138
alcohol-dependent offenders established under Section 737.70 of	75139
H.B. 487 of the 129th General Assembly.	75140

BIOMETRIC ENROLLMENT AND VERIFICATION SYSTEM PILOT PROJECT

75141

Of the foregoing appropriation item 038621, Statewide	75142
Treatment and Prevention, $500,000 in fiscal year 2013 shall be	75143
used to fund the Biometric Enrollment and Verification System	75144
Pilot Project established under Section 729.20 of H.B. 487 of the	75145
129th General Assembly.	75146

CASH TRANSFER FROM GENERAL REIMBURSEMENT FUND TO STATEWIDE	75147
TREATMENT AND PREVENTION FUND	75148

On the effective date of this section, or as soon as possible	75149
thereafter, the Director of Budget and Management, upon the	75150
request of the Director of Alcohol and Drug Addiction Services,	75151
shall transfer $500,000 cash from the General Reimbursement Fund	75152
(Fund 1060) to the Statewide Treatment and Prevention Fund (Fund	75153
4750).	75154

Sec. 223.10. AGO ATTORNEY GENERAL

75155

General Revenue Fund	75156

GRF	055321	Operating Expenses	$	42,514,169	$	42,514,169	75157
GRF	055405	Law-Related Education	$	100,000	$	100,000	75158
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	75159
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	75160
TOTAL GRF General Revenue Fund			$	44,203,589	$	44,203,589	75161

General Services Fund Group	75162

1060	055612	General Reimbursement	$	43,357,968	$	~~43,011,277~~ 43,361,277	75163
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	75164
4180	055615	Charitable Foundations	$	7,286,000	$	7,286,000	75165
4200	055603	Attorney General Antitrust	$	1,871,674	$	1,839,074	75166
4210	055617	Police Officers' Training Academy Fee	$	2,124,942	$	2,088,805	75167
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,529,685	$	1,521,731	75168
5900	055633	Peace Officer Private Security Fund	$	98,370	$	98,370	75169
5A90	055618	Telemarketing Fraud Enforcement	$	7,500	$	7,500	75170
5L50	055619	Law Enforcement Assistance Program	$	300,222	$	0	75171
5LR0	055655	Peace Officer Training - Casino	$	192,620	$	4,629,409	75172
6310	055637	Consumer Protection Enforcement	$	3,799,115	$	3,718,973	75173
TOTAL GSF General Services Fund							75174
Group			$	~~68,790,980~~ 68,983,600	$	~~67,987,234~~ 72,966,643	75175

Federal Special Revenue Fund Group	75176

3060	055620	Medicaid Fraud Control	$	4,211,235	$	4,122,399	75177
3810	055611	Civil Rights Legal Service	$	402,540	$	402,540	75178
3830	055634	Crime Victims Assistance	$	13,000,000	$	13,000,000	75179
3E50	055638	Attorney General Pass-Through Funds	$	1,223,606	$	1,222,172	75180
3R60	055613	Attorney General Federal Funds	$	3,823,251	$	3,673,251	75181
TOTAL FED Federal Special Revenue							75182
Fund Group			$	22,660,632	$	22,420,362	75183

State Special Revenue Fund Group	75184

4020	055616	Victims of Crime	$	26,000,000	$	26,000,000	75185
4170	055621	Domestic Violence Shelter	$	25,000	$	25,000	75186
4190	055623	Claims Section	$	44,197,843	$	41,953,025	75187
4L60	055606	DARE Programs	$	4,477,962	$	4,477,962	75188
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	75189
6590	055641	Solid and Hazardous Waste Background Investigations	$	662,227	$	651,049	75190
TOTAL SSR State Special Revenue							75191
Fund Group			$	75,963,032	$	73,707,036	75192

Holding Account Redistribution Fund Group	75193

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	75194
R005	055632	Antitrust Settlements	$	1,000	$	1,000	75195
R018	055630	Consumer Frauds	$	750,000	$	750,000	75196
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	75197
R054	055650	Collection Outside Counsel Payments	$	4,500,000	$	4,500,000	75198
TOTAL 090 Holding Account							75199
Redistribution Fund Group			$	6,276,025	$	6,276,025	75200

Tobacco Master Settlement Agreement Fund Group	75201

J087	055635	Law Enforcement Technology, Training, and Facility Enhancements	$	2,300,000	$	0	75202
U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	2,527,992	$	2,514,690	75203
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	4,827,992	$	2,514,690	75204
TOTAL ALL BUDGET FUND GROUPS			$	~~222,722,250~~ 222,914,870	$	~~217,108,936~~ 222,088,345	75205

COUNTY SHERIFFS' PAY SUPPLEMENT

75206

The foregoing appropriation item 055411, County Sheriffs' Pay	75207
Supplement, shall be used for the purpose of supplementing the	75208
annual compensation of county sheriffs as required by section	75209
325.06 of the Revised Code.	75210

At the request of the Attorney General, the Director of	75211
Budget and Management may transfer appropriation from	75212
appropriation item 055321, Operating Expenses, to appropriation	75213
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	75214
transferred shall be used to supplement the annual compensation of	75215
county sheriffs as required by section 325.06 of the Revised Code.	75216

COUNTY PROSECUTORS' PAY SUPPLEMENT

75217

The foregoing appropriation item 055415, County Prosecutors'	75218
Pay Supplement, shall be used for the purpose of supplementing the	75219
annual compensation of certain county prosecutors as required by	75220
section 325.111 of the Revised Code.	75221

At the request of the Attorney General, the Director of	75222
Budget and Management may transfer appropriation from	75223
appropriation item 055321, Operating Expenses, to appropriation	75224
item 055415, County Prosecutors' Pay Supplement. Any appropriation	75225
so transferred shall be used to supplement the annual compensation	75226
of county prosecutors as required by section 325.111 of the	75227
Revised Code.	75228

~~GENERAL REIMBURSEMENT FUND~~CASH TRANSFER - LEGISLATIVE TASK	75229
FORCE ON REDISTRICTING	75230

Notwithstanding any other provision of law to the contrary,	75231
on July 1, 2011, or as soon as possible thereafter, the Director	75232
of Budget and Management shall transfer $160,000 cash from the	75233
General Revenue Fund to the General Reimbursement Fund (Fund 1060)	75234
used by the Office of the Attorney General.	75235

Notwithstanding any other provision of law to the contrary,	75236
On July 1, 2012, or as soon as possible thereafter, the Director	75237
of Budget and Management shall transfer $350,000 cash from the	75238
General Revenue Fund to the General Reimbursement Fund (Fund	75239
1060).	75240

WORKERS' COMPENSATION SECTION

75241

The Workers' Compensation Fund (Fund 1950) is entitled to	75242
receive payments from the Bureau of Workers' Compensation and the	75243
Ohio Industrial Commission at the beginning of each quarter of	75244
each fiscal year to fund legal services to be provided to the	75245
Bureau of Workers' Compensation and the Ohio Industrial Commission	75246
during the ensuing quarter. The advance payment shall be subject	75247
to adjustment.	75248

In addition, the Bureau of Workers' Compensation shall	75249
transfer payments at the beginning of each quarter for the support	75250
of the Workers' Compensation Fraud Unit.	75251

All amounts shall be mutually agreed upon by the Attorney	75252
General, the Bureau of Workers' Compensation, and the Ohio	75253
Industrial Commission.	75254

ATTORNEY GENERAL PASS-THROUGH FUNDS

75255

The foregoing appropriation item 055638, Attorney General	75256
Pass-Through Funds, shall be used to receive federal grant funds	75257
provided to the Attorney General by other state agencies,	75258
including, but not limited to, the Department of Youth Services	75259
and the Department of Public Safety.	75260

GENERAL HOLDING ACCOUNT

75261

The foregoing appropriation item 055631, General Holding	75262
Account, shall be used to distribute moneys under the terms of	75263
relevant court orders or other settlements received in a variety	75264
of cases involving the Office of the Attorney General. If it is	75265
determined that additional amounts are necessary for this purpose,	75266
the amounts are hereby appropriated.	75267

ANTITRUST SETTLEMENTS

75268

The foregoing appropriation item 055632, Antitrust	75269
Settlements, shall be used to distribute moneys under the terms of	75270
relevant court orders or other out of court settlements in	75271
antitrust cases or antitrust matters involving the Office of the	75272
Attorney General. If it is determined that additional amounts are	75273
necessary for this purpose, the amounts are hereby appropriated.	75274

CONSUMER FRAUDS

75275

The foregoing appropriation item 055630, Consumer Frauds,	75276
shall be used for distribution of moneys from court-ordered	75277
judgments against sellers in actions brought by the Office of	75278
Attorney General under sections 1334.08 and 4549.48 and division	75279
(B) of section 1345.07 of the Revised Code. These moneys shall be	75280
used to provide restitution to consumers victimized by the fraud	75281
that generated the court-ordered judgments. If it is determined	75282
that additional amounts are necessary for this purpose, the	75283
amounts are hereby appropriated.	75284

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

75285

The foregoing appropriation item 055601, Organized Crime	75286
Commission Distributions, shall be used by the Organized Crime	75287
Investigations Commission, as provided by section 177.011 of the	75288
Revised Code, to reimburse political subdivisions for the expenses	75289
the political subdivisions incur when their law enforcement	75290
officers participate in an organized crime task force. If it is	75291
determined that additional amounts are necessary for this purpose,	75292
the amounts are hereby appropriated.	75293

COLLECTION OUTSIDE COUNSEL PAYMENTS

75294

The foregoing appropriation item 055650, Collection Outside	75295
Counsel Payments, shall be used for the purpose of paying	75296
contingency counsel fees for cases where debtors mistakenly paid	75297
the client agencies instead of the Attorney General's Revenue	75298
Recovery/Collections Enforcement Section. If it is determined that	75299
additional amounts are necessary for this purpose, the amounts are	75300
hereby appropriated.	75301

Sec. 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT

75302

General Revenue Fund	75303

GRF	042321	Budget Development and Implementation	$	2,362,025	$	~~2,378,166~~ 2,353,166	75304
GRF	042409	Commission Closures	$	50,000	$	50,000	75305
GRF	042416	Office of Health Transformation	$	306,285	$	0 499,252	75306
GRF	042423	Liquor Enterprise Transaction	$	500,000	$	0	75307
TOTAL GRF General Revenue Fund			$	3,218,310	$	~~2,428,166~~ 2,902,418	75308

General Services Fund Group	75309

1050	042603	State Accounting and Budgeting	$	~~21,917,230~~ 21,158,069	$	~~22,006,331~~ 22,262,185	75310
5N40	042602	OAKS Project Implementation	$	1,358,000	$	~~1,309,500~~ 1,296,000	75311
5Z80	042608	Office of Health Transformation Administration	$	57,752	$	0	75312
TOTAL GSF General Services Fund Group			$	~~23,332,982~~ 22,573,821	$	~~23,315,831~~ 23,558,185	75313

Federal Special Revenue Fund Group	75314

3CM0	042606		Office of Health Transformation - Federal		$	384,037		$	~~145,500~~ 438,723		75315
TOTAL FED Federal Special Revenue Fund Group					$	384,037		$	~~145,500~~ 438,723		75316

Agency Fund Group	75317

5EH0	042604	Forgery Recovery	$	50,000	$	~~50,000~~ 49,000	75318
TOTAL AGY Agency Fund Group			$	50,000	$	~~50,000~~ 49,000	75319
TOTAL ALL BUDGET FUND GROUPS			$	~~26,985,329~~ 26,226,168	$	~~25,939,497~~ 26,948,326	75320

COMMISSION CLOSURES

75321

The foregoing appropriation item 042409, Commission Closures,	75322
may be used to pay obligations associated with the closure of the	75323
Commission on Dispute Resolution and Conflict Management, the	75324
School Employees Health Care Board, the Legal Rights Service, and	75325
the Workers' Compensation Council. Notwithstanding any provision	75326
of law to the contrary, this appropriation item may also be used	75327
to pay final payroll expenses occurring after the closure of the	75328
Commission on Dispute Resolution and Conflict Management, the	75329
School Employees Health Care Board, the Legal Rights Service, and	75330
the Workers' Compensation Council in the event that appropriations	75331
or cash in the closing agency are insufficient to do so.	75332

The Director of Budget and Management may request Controlling	75333
Board approval for funds to be transferred to appropriation item	75334
042409, Commission Closures, from appropriation item 911614, CB	75335
Emergency Purposes, for anticipated expenses associated with	75336
agency closures.	75337

LIQUOR ENTERPRISE TRANSACTION

75338

The foregoing appropriation item 042423, Liquor Enterprise	75339
Transaction, shall be used by the Director of Budget and	75340
Management, without need for any other approval, to retain or	75341
contract for the services of commercial appraisers, underwriters,	75342
investment bankers, and financial advisers, as are necessary in	75343
the Director's judgment to commence negotiation of the transfer	75344
agreement referred to in sections 4313.01 and 4313.02 of the	75345
Revised Code, as enacted by ~~this act~~Am. Sub. H.B. 153 of the	75346
129th General Assembly. An amount equal to the unexpended,	75347
unencumbered balance of appropriation item 042423 at the end of	75348
fiscal year 2012 is hereby reappropriated for the same purpose in	75349
fiscal year 2013. Any amounts expended from appropriation item	75350
042423 shall be reimbursed from the proceeds of the enterprise	75351
acquisition project transaction authorized in those sections.	75352

The Director of Budget and Management, in consultation with	75353
the Director of Commerce, may negotiate an initial agreement with	75354
JobsOhio, which shall be executed by the Directors of Budget and	75355
Management and Commerce upon its completion.	75356

AUDIT COSTS AND DUES

75357

All centralized audit costs associated with either Single	75358
Audit Schedules or financial statements prepared in conformance	75359
with generally accepted accounting principles for the state shall	75360
be paid from the foregoing appropriation item 042603, State	75361
Accounting and Budgeting.	75362

Costs associated with the audit of the Auditor of State and	75363
national association dues shall be paid from the foregoing	75364
appropriation item 042321, Budget Development and Implementation.	75365

SHARED SERVICES CENTER

75366

The Director of Budget and Management shall use the OAKS	75367
Project Implementation Fund (Fund 5N40) and the Accounting and	75368
Budgeting Fund (Fund 1050) to support a Shared Services Center	75369
within the Office of Budget and Management for the purpose of	75370
consolidating statewide business functions and common	75371
transactional processes.	75372

The Director of Budget and Management shall include the	75373
recovery of costs to operate the Shared Services Center in the	75374
accounting and budgeting services payroll rate and through a	75375
direct charge using intrastate transfer vouchers to agencies for	75376
services rendered. The Director of Budget and Management shall	75377
determine the cost recovery methodology. Such cost recovery	75378
revenues shall be deposited to the credit of Fund 1050.	75379

INTERNAL CONTROL AND AUDIT OVERSIGHT

75380

The Director of Budget and Management shall include the	75381
recovery of costs to operate the Internal Control and Audit	75382
Oversight Program in the accounting and budgeting services payroll	75383
rate and through a direct charge using intrastate transfer	75384
vouchers to agencies reviewed by the program. The Director of	75385
Budget and Management, with advice from the Internal Audit	75386
Advisory Council, shall determine the cost recovery methodology.	75387
Such cost recovery revenues shall be deposited to the credit of	75388
the Accounting and Budgeting Fund (Fund 1050).	75389

FORGERY RECOVERY

75390

The foregoing appropriation item 042604, Forgery Recovery,	75391
shall be used to reissue warrants that have been certified as	75392
forgeries by the rightful recipient as determined by the Bureau of	75393
Criminal Identification and Investigation and the Treasurer of	75394
State. Upon receipt of funds to cover the reissuance of the	75395
warrant, the Director of Budget and Management shall reissue a	75396
state warrant of the same amount.	75397

GRF TRANSFER TO THE OAKS PROJECT IMPLEMENTATION FUND

75398

On July 1 of each fiscal year, or as soon as possible	75399
thereafter, the Director of Budget and Management shall transfer	75400
an amount not to exceed $1,100,000 in cash from the General	75401
Revenue Fund to the OAKS Project Implementation Fund (Fund 5N40).	75402

Sec. 243.10. COM DEPARTMENT OF COMMERCE

75403

General Services Fund Group	75404

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	75405
1630	800637	Information Technology	$	5,999,892	$	6,011,977	75406
5430	800602	Unclaimed Funds-Operating	$	7,836,107	$	7,841,473	75407
5430	800625	Unclaimed Funds-Claims	$	69,700,000	$	~~69,800,000~~ 68,000,000	75408
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	75409
TOTAL GSF General Services Fund							75410
Group			$	90,035,999	$	~~90,153,450~~ 88,353,450	75411

Federal Special Revenue Fund Group	75412

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	75413
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	75414
TOTAL FED Federal Special Revenue							75415
Fund Group			$	2,685,729	$	2,685,729	75416

State Special Revenue Fund Group	75417

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	75418
4H90	800608	Cemeteries	$	268,067	$	268,293	75419
4X20	800619	Financial Institutions	$	2,186,271	$	~~1,990,693~~ 1,970,786	75420
5440	800612	Banks	$	7,242,364	$	~~6,942,336~~ 6,872,913	75421
5450	800613	Savings Institutions	$	2,257,220	$	2,259,536	75422
5460	800610	Fire Marshal	$	15,400,000	$	~~15,501,562~~ 15,484,574	75423
5460	800639	Fire Department Grants	$	1,698,802	$	1,698,802	75424
5470	800603	Real Estate Education/Research	$	125,000	$	~~125,000~~ 80,655	75425
5480	800611	Real Estate Recovery	$	25,000	$	25,000	75426
5490	800614	Real Estate	$	3,413,708	$	3,332,308	75427
5500	800617	Securities	$	4,312,434	$	~~4,314,613~~ 4,271,467	75428
5520	800604	Credit Union	$	3,450,390	$	~~3,450,390~~ 3,415,886	75429
5530	800607	Consumer Finance	$	3,613,016	$	~~3,516,861~~ 3,481,692	75430
5560	800615	Industrial Compliance	$	27,639,372	$	~~27,664,695~~ 27,388,048	75431
5FW0	800616	Financial Literacy Education	$	240,000	$	~~240,000~~ 200,000	75432
5GK0	800609	Securities Investor Education/Enforcement	$	1,135,000	$	~~485,000~~ 480,150	75433
5HV0	800641	Cigarette Enforcement	$	120,000	$	~~120,000~~ 118,800	75434
5LN0	800645	Liquor Operating Services	$	0	$	5,500,000	75435
5LP0	800646	Liquor Regulatory Operating Expense	$	0	$	8,500,000	75436
5X60	800623	Video Service	$	340,299	$	~~340,630~~ 337,224	75437
6530	800629	UST Registration/Permit Fee	$	1,854,675	$	~~1,509,653~~ 1,494,556	75438
6A40	800630	Real Estate Appraiser-Operating	$	699,565	$	648,890	75439
TOTAL SSR State Special Revenue							75440
Fund Group			$	76,056,183	$	~~74,469,262~~ 87,864,580	75441

Liquor Control Fund Group	75442

7043	800601	Merchandising	$	472,209,274	$	05,000,000	75443
7043	800627	Liquor Control Operating	$	13,398,274	$	~~10,110,479~~ 1,509,374	75444
7043	800633	Development Assistance Debt Service	$	51,973,200	$	0	75445
7043	800636	Revitalization Debt Service	$	21,129,800	$	0	75446
TOTAL LCF Liquor Control							75447
Fund Group			$	558,710,548	$	~~10,110,479~~ 6,509,374	75448
TOTAL ALL BUDGET FUND GROUPS			$	727,488,459	$	~~177,418,920~~ 185,413,133	75449

SMALL GOVERNMENT FIRE DEPARTMENTS

75450

Notwithstanding section 3737.17 of the Revised Code, the	75451
foregoing appropriation item 800635, Small Government Fire	75452
Departments, may be used to provide loans to private fire	75453
departments.	75454

UNCLAIMED FUNDS PAYMENTS

75455

The foregoing appropriation item 800625, Unclaimed	75456
Funds-Claims, shall be used to pay claims under section 169.08 of	75457
the Revised Code. If it is determined that additional amounts are	75458
necessary, the amounts are appropriated.	75459

UNCLAIMED FUNDS TRANSFERS

75460

Notwithstanding division (A) of section 169.05 of the Revised	75461
Code, during the FY 2012-FY 2013 biennium, the Director of Budget	75462
and Management shall request the Director of Commerce to transfer	75463
to the General Revenue Fund up to $215,000,000 of unclaimed funds	75464
that have been reported by holders of unclaimed funds under	75465
section 169.05 of the Revised Code, irrespective of the allocation	75466
of the unclaimed funds under that section. The Director of	75467
Commerce shall transfer the funds at the times requested by the	75468
Director of Budget and Management.	75469

FIRE DEPARTMENT GRANTS

75470

Of the foregoing appropriation item 800639, Fire Department	75471
Grants, up to $1,647,140 in each fiscal year shall be used to make	75472
annual grants to the following eligible recipients: volunteer fire	75473
departments, fire departments that serve one or more small	75474
municipalities or small townships, joint fire districts comprised	75475
of fire departments that primarily serve small municipalities or	75476
small townships, local units of government responsible for such	75477
fire departments, and local units of government responsible for	75478
the provision of fire protection services for small municipalities	75479
or small townships. For the purposes of these grants, a private	75480
fire company, as that phrase is defined in section 9.60 of the	75481
Revised Code, that is providing fire protection services under a	75482
contract to a political subdivision of the state, is an additional	75483
eligible recipient for a training grant.	75484

Eligible recipients that consist of small municipalities or	75485
small townships that all intend to contract with the same fire	75486
department or private fire company for fire protection services	75487
may jointly apply and be considered for a grant. If a joint	75488
applicant is awarded a grant, the State Fire Marshal shall, if	75489
feasible, proportionately award the grant and any equipment	75490
purchased with grant funds to each of the joint applicants based	75491
upon each applicant's contribution to and demonstrated need for	75492
fire protection services.	75493

If the grant awarded to joint applicants is an equipment	75494
grant and the equipment to be purchased cannot be readily	75495
distributed or possessed by multiple recipients, each of the joint	75496
applicants shall be awarded by the State Fire Marshal an ownership	75497
interest in the equipment so purchased in proportion to each	75498
applicant's contribution to and demonstrated need for fire	75499
protection services. The joint applicants shall then mutually	75500
agree on how the equipment is to be maintained, operated, stored,	75501
or disposed of. If, for any reason, the joint applicants cannot	75502
agree as to how jointly owned equipment is to be maintained,	75503
operated, stored, or disposed of or any of the joint applicants no	75504
longer maintain a contract with the same fire protection service	75505
provider as the other applicants, then the joint applicants shall,	75506
with the assistance of the State Fire Marshal, mutually agree as	75507
to how the jointly owned equipment is to be maintained, operated,	75508
stored, disposed of, or owned. If the joint applicants cannot	75509
agree how the grant equipment is to be maintained, operated,	75510
stored, disposed of, or owned, the State Fire Marshal may, in its	75511
discretion, require all of the equipment acquired by the joint	75512
applicants with grant funds to be returned to the State Fire	75513
Marshal. The State Fire Marshal may then award the returned	75514
equipment to any eligible recipients.	75515

The grants shall be used by recipients to purchase	75516
firefighting or rescue equipment or gear or similar items, to	75517
provide full or partial reimbursement for the documented costs of	75518
firefighter training, or, at the discretion of the State Fire	75519
Marshal, to cover fire department costs for providing fire	75520
protection services in that grant recipient's jurisdiction.	75521

Grant awards for firefighting or rescue equipment or gear or	75522
for fire department costs of providing fire protection services	75523
shall be up to $15,000 per fiscal year, or up to $25,000 per	75524
fiscal year if an eligible entity serves a jurisdiction in which	75525
the Governor declared a natural disaster during the preceding or	75526
current fiscal year in which the grant was awarded. In addition to	75527
any grant funds awarded for rescue equipment or gear, or for fire	75528
department costs associated with the provision of fire protection	75529
services, an eligible entity may receive a grant for up to $15,000	75530
per fiscal year for full or partial reimbursement of the	75531
documented costs of firefighter training. For each fiscal year,	75532
the State Fire Marshal shall determine the total amounts to be	75533
allocated for each eligible purpose.	75534

The grant program shall be administered by the State Fire	75535
Marshal in accordance with rules the State Fire Marshal adopts as	75536
part of the state fire code adopted pursuant to section 3737.82 of	75537
the Revised Code that are necessary for the administration and	75538
operation of the grant program. The rules may further define the	75539
entities eligible to receive grants and establish criteria for the	75540
awarding and expenditure of grant funds, including methods the	75541
State Fire Marshal may use to verify the proper use of grant funds	75542
or to obtain reimbursement for or the return of equipment for	75543
improperly used grant funds. Any amounts in appropriation item	75544
800639, Fire Department Grants, in excess of the amount allocated	75545
for these grants may be used for the administration of the grant	75546
program.	75547

CASH TRANSFERS TO THE DIVISION OF SECURITIES INVESTOR	75548
EDUCATION AND ENFORCEMENT EXPENSE FUND	75549

The Director of Budget and Management, upon the request of	75550
the Director of Commerce, shall transfer up to $485,000 in cash in	75551
each fiscal year from the Division of Securities Fund (Fund 5500)	75552
to the Division of Securities Investor Education and Enforcement	75553
Expense Fund (Fund 5GK0) created in section 1707.37 of the Revised	75554
Code.	75555

CASH TRANSFER TO VIDEO SERVICE AUTHORIZATION FUND

75556

The Director of Budget and Management, upon the request of	75557
the Director of Commerce, shall transfer up to $340,000 in cash in	75558
each fiscal year from the Division of Administration Fund (Fund	75559
1630) to the Video Service Authorization Fund (Fund 5X60).	75560

INCREASED APPROPRIATION - MERCHANDISING

75561

The foregoing appropriation item 800601, Merchandising, shall	75562
be used under section 4301.12 of the Revised Code. If it is	75563
determined that additional expenditures are necessary, the amounts	75564
are hereby appropriated.	75565

DEVELOPMENT ASSISTANCE DEBT SERVICE

75566

The foregoing appropriation item 800633, Development	75567
Assistance Debt Service, shall be used to pay debt service and	75568
related financing costs at the times they are required to be made	75569
during the period from July 1, 2011, to June 30, 2012, for bond	75570
service charges on obligations issued under Chapter 166. of the	75571
Revised Code. If it is determined that additional appropriations	75572
are necessary for this purpose, such amounts are appropriated,	75573
subject to the limitations set forth in section 166.11 of the	75574
Revised Code. In the event obligations issued under Chapter 166.	75575
remain outstanding for all or any portion of the period from July	75576
1, 2012, through June 30, 2013, amounts necessary to pay debt	75577
service and related financing costs on those obligations are	75578
hereby appropriated, subject to the limitations set forth in	75579
section 166.11 of the Revised Code. An appropriation for this	75580
purpose is not required, but is made in this form and in ~~this act~~	75581
Am. Sub. H.B. 153 of the 129th General Assembly for record	75582
purposes only.	75583

REVITALIZATION DEBT SERVICE

75584

The foregoing appropriation item 800636, Revitalization Debt	75585
Service, shall be used to pay debt service and related financing	75586
costs at the times they are required to be made pursuant to	75587
sections 151.01 and 151.40 of the Revised Code during the period	75588
from July 1, 2011, to June 30, 2012. If it is determined that	75589
additional appropriations are necessary for this purpose, such	75590
amounts are hereby appropriated. In the event obligations issued	75591
under sections 151.01 and 151.40 of the Revised Code remain	75592
outstanding for all or any portion of the period from July 1,	75593
2012, through June 30, 2013, amounts necessary to pay debt service	75594
and related financing costs on those obligations are hereby	75595
appropriated. The General Assembly acknowledges the priority of	75596
the pledge of a portion of receipts from that source to	75597
obligations issued and to be issued under Chapter 166. of the	75598
Revised Code.	75599

LIQUOR CONTROL FUND TRANSFER

75600

On January 1, 2012, or as soon as possible thereafter, the	75601
Director of Budget and Management may transfer up to $10,600,000	75602
in cash from the General Revenue Fund to the Liquor Control Fund	75603
(Fund 7043) for the liquor permitting and compliance functions of	75604
the Division of Liquor Control in the Department of Commerce and	75605
for the operations of the Liquor Control Commission and the	75606
Department of Public Safety pursuant to Chapter 4301. of the	75607
Revised Code.	75608

On July 1, 2012, or as soon as possible thereafter, the	75609
Director of Budget and Management may transfer up to $21,800,000	75610
in cash from the General Revenue Fund to the Liquor Control Fund	75611
(Fund 7043) for the liquor permitting and compliance functions of	75612
the Division of Liquor Control in the Department of Commerce and	75613
for the operations of the Liquor Control Commission and the	75614
Department of Public Safety pursuant to Chapter 4301. of the	75615
Revised Code.	75616

On July 1, 2012, or as soon as possible thereafter, the	75617
Director of Budget and Management shall transfer $500,000 in cash	75618
from the Liquor Control Fund (Fund 7043) to the State Liquor	75619
Regulatory Fund (Fund 5LP0) created in section 4301.30 of the	75620
Revised Code.	75621

Notwithstanding section 4301.12 of the Revised Code, on July	75622
1, 2012, or as soon as possible thereafter, the Director of Budget	75623
and Management may transfer up to $30,000,000 in cash from excess	75624
liquor profits from the Liquor Control Fund (Fund 7043) to the	75625
Economic Development Support Fund (Fund 5MB0). This cash may be	75626
transferred, if considered necessary in the Director's judgment,	75627
as a result of a delay in the transfer of the liquor enterprise	75628
authorized by the transfer agreement under sections 4313.01 and	75629
4313.02 of the Revised Code.	75630

ADMINISTRATIVE ASSESSMENTS

75631

Notwithstanding any other provision of law to the contrary,	75632
the Division of Administration Fund (Fund 1630) is entitled to	75633
receive assessments from all operating funds of the Department in	75634
accordance with procedures prescribed by the Director of Commerce	75635
and approved by the Director of Budget and Management.	75636

Sec. 245.10. OCC OFFICE OF CONSUMERS' COUNSEL

75637

General Services Fund Group	75638

5F50	053601	Operating Expenses	$	5,641,093	$	~~4,142,070~~ 5,641,093	75639
TOTAL GSF General Services Fund Group			$	5,641,093	$	~~4,142,070~~ 5,641,093	75640
TOTAL ALL BUDGET FUND GROUPS			$	5,641,093	$	~~4,142,070~~ 5,641,093"	75641

Sec. 261.10.40. TRAVEL AND TOURISM

75643

The foregoing appropriation item 195407, Travel and Tourism,	75644
shall be used for marketing the state of Ohio as a tourism	75645
destination and to support administrative expenses and contracts	75646
necessary to market Ohio.	75647

~~STRATEGIC~~ BUSINESS ~~INVESTMENT DIVISION AND REGIONAL OFFICES~~	75648
DEVELOPMENT SERVICES	75649

The foregoing appropriation item 195415, ~~Strategic~~ Business	75650
~~Investment Division and Regional Offices~~Development Services,	75651
shall be used for the operating expenses of the ~~Strategic~~ Business	75652
~~Investment~~Services Division and the regional economic development	75653
offices and for grants for cooperative economic development	75654
ventures.	75655

Sec. 261.10.70. CLEAN OHIO IMPLEMENTATION

75656

The foregoing appropriation item 195426, Clean Ohio	75657
Implementation, shall be used to fund the costs of administering	75658
the Clean Ohio Revitalization program and other urban	75659
revitalization programs that may be implemented by the ~~Department~~	75660
of Development Services Agency.	75661

CDBG OPERATING MATCH

75662

The foregoing appropriation item 195497, CDBG Operating	75663
Match, shall be used as matching funds for grants from the United	75664
States Department of Housing and Urban Development pursuant to the	75665
Housing and Community Development Act of 1974 and regulations and	75666
policy guidelines for the programs pursuant thereto.	75667

TECHNOLOGY PROGRAMS AND GRANTS

75668

The foregoing appropriation item 195532, Technology Programs	75669
and Grants, shall be used for the same purposes as funding	75670
previously appropriated for appropriation items 195401, Thomas	75671
Edison Program, and 195422, Technology Action. Of the foregoing	75672
appropriation item 195532, Technology Programs and Grants, up to	75673
$547,341 in fiscal year 2013 shall be used for operating expenses	75674
incurred in administering the Ohio Third Frontier pursuant to	75675
sections 184.10 to 184.20 of the Revised Code; and up to	75676
$13,000,000 in fiscal year 2013 shall be used for the Thomas	75677
Edison Program pursuant to sections 122.28 to 122.38 of the	75678
Revised Code, of which not more than ten per cent shall be used	75679
for operating expenses incurred in administering the program.	75680

BUSINESS ASSISTANCE

75681

The foregoing appropriation item 195533, Business Assistance,	75682
shall be used as matching funds for grants from the United States	75683
Small Business Administration and other federal agencies, pursuant	75684
to Public Law No. 96-302 as amended by Public Law No. 98-395, and	75685
regulations and policy guidelines for the programs pursuant	75686
thereto. This appropriation item also may be used to provide	75687
grants to local organizations to support economic development	75688
activities that promote minority business development, small	75689
business development, entrepreneurship, and exports of Ohio's	75690
goods and services.	75691

APPALACHIA ASSISTANCE

75692

The foregoing appropriation item 195535, Appalachia	75693
Assistance, may be used for the administrative costs of planning	75694
and liaison activities for the Governor's Office of Appalachia, to	75695
provide financial assistance to projects in Ohio's Appalachian	75696
counties, to pay dues for the Appalachian Regional Commission, and	75697
to match federal funds from the Appalachian Regional Commission.	75698

Of the foregoing appropriation item 195535, Appalachia	75699
Assistance, up to $440,000 in fiscal year 2013 shall be used to	75700
support four local development districts. Of that amount, up to	75701
$135,000 shall be allocated to the Ohio Valley Regional	75702
Development Commission, up to $135,000 shall be allocated to the	75703
Ohio Mid-Eastern Government Association, up to $135,000 shall be	75704
allocated to the Buckeye Hills-Hocking Valley Regional Development	75705
District, and up to $35,000 shall be allocated to the Eastgate	75706
Regional Council of Governments. Local development districts	75707
receiving funding under this section shall use the funds for the	75708
implementation and administration of programs and duties under	75709
section 107.21 of the Revised Code.	75710

Sec. 261.20.40. ~~SUPPORTIVE~~DEVELOPMENT SERVICES OPERATIONS

75711

The Director of Development Services may assess ~~divisions~~	75712
offices of the ~~department~~agency for the cost of central service	75713
operations. An assessment shall contain the characteristics of	75714
administrative ease and uniform application. A division's payments	75715
shall be credited to the Supportive Services Fund (Fund 1350)	75716
using an intrastate transfer voucher.	75717

~~ECONOMIC DEVELOPMENT CONTINGENCY~~

75718

~~The foregoing appropriation item 195677, Economic Development~~	75719
~~Contingency, may be used to award funds directly to either (1)~~	75720
~~business entities considering Ohio for expansion or new site~~	75721
~~location opportunities or (2) political subdivisions to assist~~	75722
~~with necessary costs involved in attracting a business entity. In~~	75723
~~addition, the Director of Development may award funds for~~	75724
~~alternative purposes when appropriate to satisfy an economic~~	75725
~~development opportunity or need deemed extraordinary in nature by~~	75726
~~the Director.~~	75727

LEGACY PROJECTS

75728

The foregoing appropriation item 195633, Legacy Projects,	75729
shall be used to support existing grant commitments to companies	75730
incurred prior to fiscal year 2013. A portion of the appropriation	75731
item may also be used to support administrative expenses and other	75732
costs associated with these projects.	75733

~~DIRECT COST RECOVERY~~DEVELOPMENT SERVICES REIMBURSABLE	75734
EXPENDITURES	75735

The foregoing appropriation item 195636, ~~Direct Cost Recovery~~	75736
Development Services Reimbursable Expenditures, shall be used for	75737
reimbursable costs incurred by the agency. Revenues to the General	75738
Reimbursement Fund (Fund 6850) shall consist of moneys charged for	75739
administrative costs that are not central service costs.	75740

Appropriation item 195623, Business Incentive Grants, shall	75741
be used as an incentive for attracting, expanding, and retaining	75742
business opportunities for the state in accordance with Chapter	75743
166. of the Revised Code. It may be used to award funds directly	75744
to either (1) business entities considering Ohio for expansion or	75745
new site location opportunities, or (2) political subdivisions to	75746
assist with necessary costs involved in attracting a business	75747
entity. Appropriation item 195623, Business Incentive Grants,	75748
shall be used by recipients to purchase equipment, make	75749
infrastructure improvements, make real property improvements, or	75750
fund other fixed assets. The Director of Development Services may	75751
award funds for alternative purposes when appropriate to satisfy	75752
an economic development opportunity or need considered	75753
extraordinary in nature by the Director.	75754

The foregoing appropriation item 195637, Workforce Training	75755
Grants, may be used for the Ohio Workforce Guarantee Program, or	75756
to promote training through grants to businesses and, in the case	75757
of a business consortium, to the consortium for training and	75758
education providers for the reimbursement of eligible training	75759
expenses. Not more than ten per cent of appropriation item 195637,	75760
Workforce Training Grants, shall be used for administrative	75761
expenses related to the Ohio Workforce Guarantee Program.	75762

Sec. 261.20.50. WORKFORCE DEVELOPMENT INITIATIVES

75763

Any unexpended and unencumbered portion of the foregoing	75764
appropriation item 195643, Workforce Development Initiatives, at	75765
the end of fiscal year 2012 is hereby reappropriated for the same	75766
purpose in fiscal year 2013.	75767

HEAP WEATHERIZATION

75768

Up to fifteen per cent of the federal funds deposited to the	75769
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90)	75770
may be expended from appropriation item 195614, HEAP	75771
Weatherization, to provide home weatherization services in the	75772
state as determined by the Director of Development Services. Any	75773
transfers or increases in appropriation for the foregoing	75774
appropriation items 195614, HEAP Weatherization, or 195611, Home	75775
Energy Assistance Block Grant, shall be subject to approval by the	75776
Controlling Board.	75777

Sec. 261.20.60. BUSINESS ASSISTANCE PROGRAMS

75778

The foregoing appropriation item 195649, Business Assistance	75779
Programs, shall be used for administrative expenses associated	75780
with the operation of tax credit programs, loan servicing, the	75781
Ohio Film Office, and the Office of Strategic Business	75782
Investments, and for payments to the JobsOhio corporation	75783
established in Chapter 187. of the Revised Code for services	75784
provided for the administration of the 166 Direct Loan Program,	75785
Ohio Enterprise Bond Fund, Research and Development Loan Program,	75786
and Innovation Ohio Loan Program.	75787

STATE SPECIAL PROJECTS

75788

The State Special Projects Fund (Fund 4F20), may be used for	75789
the deposit of private-sector funds from utility companies and for	75790
the deposit of other miscellaneous state funds. State moneys so	75791
deposited ~~shall~~may also be used to match federal housing grants	75792
for the homeless ~~and to market economic development opportunities~~	75793
~~in the state~~. Private-sector moneys shall be deposited for use in	75794
appropriation item 195699, Utility ~~Provided Funds~~Community	75795
Assistance, and shall be used to (1) pay the expenses of verifying	75796
the income-eligibility of HEAP applicants, (2) leverage additional	75797
federal funds, (3) fund special projects to assist ~~homeless~~	75798
~~individuals~~income-eligible veterans and families with services	75799
and energy assistance programs, (4) fund special projects to	75800
assist with the energy efficiency of households eligible to	75801
participate in the Percentage of Income Payment Plan, and (5)	75802
assist with training programs for agencies that administer	75803
low-income customer assistance programs.	75804

Sec. 261.20.80. MINORITY BUSINESS ENTERPRISE LOAN

75805

All repayments from the Minority Development Financing	75806
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	75807
Program shall be deposited in the State Treasury to the credit of	75808
the Minority Business Enterprise Loan Fund (Fund 4W10). Operating	75809
costs of administering the Minority Business Enterprise Loan Fund	75810
may be paid from the Minority Business Enterprise Loan Fund (Fund	75811
4W10).	75812

MINORITY BUSINESS BONDING FUND

75813

Notwithstanding Chapters 122., 169., and 175. of the Revised	75814
Code, the Director of Development Services may, upon the	75815
recommendation of the Minority Development Financing Advisory	75816
Board, pledge up to $10,000,000 in the fiscal year 2012-fiscal	75817
year 2013 biennium of unclaimed funds administered by the Director	75818
of Commerce and allocated to the Minority Business Bonding Program	75819
under section 169.05 of the Revised Code. The transfer of any cash	75820
by the Director of Budget and Management from the ~~Department of~~	75821
~~Commerce's~~ Unclaimed Funds Fund (Fund 5430) used by the Department	75822
of Commerce to the ~~Department of Development's~~ Minority Business	75823
Bonding Fund (Fund 4490) used by the Development Services Agency	75824
shall occur, if requested by the Director of Development Services,	75825
only if such funds are needed for payment of losses arising from	75826
the Minority Business Bonding Program, and only after proceeds of	75827
the initial transfer of $2,700,000 by the Controlling Board to the	75828
Minority Business Bonding Program has been used for that purpose.	75829
Moneys transferred by the Director of Budget and Management from	75830
the Department of Commerce for this purpose may be moneys in	75831
custodial funds held by the Treasurer of State. If expenditures	75832
are required for payment of losses arising from the Minority	75833
Business Bonding Program, such expenditures shall be made from	75834
appropriation item 195623, Minority Business Bonding Contingency	75835
in the Minority Business Bonding Fund, and such amounts are hereby	75836
appropriated.	75837

Sec. 261.20.90. ~~OHIO~~ INCUMBENT WORKFORCE TRAINING VOUCHERS

75838

(A) On July 1, 2011, or as soon as possible thereafter, the	75839
Director of Budget and Management shall transfer up to $20,000,000	75840
cash from the Economic Development Programs Fund (Fund 5JC0) used	75841
by the Board of Regents to the Ohio Incumbent Workforce Job	75842
Training Fund (Fund 5HR0) used by the ~~Department of~~ Development	75843
Services Agency.	75844

On July 1, 2012, or as soon as possible thereafter, the	75845
Director of Budget and Management shall transfer up to $30,000,000	75846
cash from the Economic Development Programs Fund (Fund 5JC0) used	75847
by the Board of Regents to the Ohio Incumbent Workforce Job	75848
Training Fund (Fund 5HR0) used by the ~~Department of~~ Development	75849
Services Agency.	75850

(B) Of the foregoing appropriation item 195526, ~~Ohio~~	75851
Incumbent Workforce ~~Job~~ Training Vouchers, up to $20,000,000 in	75852
fiscal year 2012 and up to $30,000,000 in fiscal year 2013 shall	75853
be used to support the Ohio Incumbent Workforce Training Voucher	75854
Program. The Director of Development Services and the Chief	75855
Investment Officer of JobsOhio may enter into an agreement to	75856
operate the program pursuant to the contract between the	75857
~~Department of~~ Development Services Agency and JobsOhio under	75858
section 187.04 of the Revised Code. The agreement may include a	75859
provision for granting, loaning, or transferring funds from	75860
appropriation item 195526, ~~Ohio~~ Incumbent Workforce ~~Job~~ Training	75861
Vouchers, to JobsOhio to provide training for incumbent workers.	75862

Any unexpended and unencumbered portion of the foregoing	75863
appropriation item 195526, Incumbent Workforce Training Vouchers,	75864
at the end of fiscal year 2012 is hereby reappropriated for the	75865
same purpose in fiscal year 2013.	75866

(C) Regardless of any agreement between the Director and the	75867
Chief Investment Officer under division (B) of this section, the	75868
Ohio Incumbent Workforce Training Voucher Program shall conform to	75869
guidelines for the operation of the program, including, but not	75870
limited to, the following:	75871

(1) A requirement that a training voucher under the program	75872
shall not exceed $6,000 per worker per year;	75873

(2) A provision for an employer of an eligible employee to	75874
apply for a voucher on behalf of the eligible employee;	75875

(3) A provision for an eligible employee to apply directly	75876
for a training voucher with the pre-approval of the employee's	75877
employer; and	75878

(4) A requirement that an employee participating in the	75879
program, or the employee's employer, shall pay for not less than	75880
thirty-three per cent of the training costs under the program.	75881

DEFENSE DEVELOPMENT ASSISTANCE

75882

On July 1 of each fiscal year, or as soon as possible	75883
thereafter, the Director of Budget and Management shall transfer	75884
$5,000,000 in cash from the Economic Development Projects Fund	75885
(Fund 5JC0) used by the Board of Regents to the Ohio Incumbent	75886
Workforce Job Training Fund (Fund 5HR0) used by the ~~Department of~~	75887
Development Services Agency. The transferred funds are hereby	75888
appropriated in appropriation item 195622, Defense Development	75889
Assistance.	75890

The foregoing appropriation item 195622, Defense Development	75891
Assistance, shall be used for economic development programs and	75892
the creation of new jobs to leverage and support mission gains at	75893
Department of Defense facilities in Ohio by working with future	75894
base realignment and closure activities and ongoing Department of	75895
Defense efficiency initiatives, assisting efforts to secure	75896
Department of Defense support contracts for Ohio companies,	75897
assessing and supporting regional job training and workforce	75898
development needs generated by the Department of Defense and the	75899
Ohio aerospace industry, and for expanding job training and	75900
economic development programs in human performance related	75901
initiatives. These funds shall be matched by private industry	75902
partners or the Department of Defense in an aggregate amount of	75903
$6,000,000 over the FY 2012-FY 2013 biennium.	75904

Any unexpended and unencumbered portion of the foregoing	75905
appropriation item 195622, Defense Development Assistance, at the	75906
end of fiscal year 2012 is hereby reappropriated for the same	75907
purpose in fiscal year 2013.	75908

WORKFORCE DEVELOPMENT PROGRAMS

75909

The foregoing appropriation item 195655, Workforce	75910
Development Programs, may be used for the Ohio Workforce Guarantee	75911
Program to promote training through grants to businesses and, in	75912
the case of a business consortium, to the consortium for training	75913
and education providers for the reimbursement of eligible training	75914
expenses. Not more than ten per cent of appropriation item 195655,	75915
Workforce Development Programs, shall be used for administrative	75916
expenses related to the Ohio Workforce Guarantee Program.	75917

Sec. 261.30.10. ADVANCED ENERGY ~~FUND~~LOAN PROGRAMS

75918

The foregoing appropriation item 195660, Advanced Energy Loan	75919
Programs, shall be used to provide financial assistance to	75920
customers for eligible advanced energy projects for residential,	75921
commercial, and industrial business, local government, educational	75922
institution, nonprofit, and agriculture customers, and to pay for	75923
the program's administrative costs as provided in sections 4928.61	75924
to 4928.63 of the Revised Code and rules adopted by the Director	75925
of Development Services.	75926

On July 1 of each fiscal year, or as soon as possible	75927
thereafter, the Director of Budget and Management shall transfer	75928
$750,000 in cash from the Advanced Energy Fund (Fund 5M50) to the	75929
Alternative Fuel Transportation Grant Fund (Fund 5CG0).	75930

VOLUME CAP ADMINISTRATION

75931

The foregoing appropriation item 195654, Volume Cap	75932
Administration, shall be used for expenses related to the	75933
administration of the Volume Cap Program. Revenues received by the	75934
Volume Cap Administration Fund (Fund 6170) shall consist of	75935
application fees, forfeited deposits, and interest earned from the	75936
custodial account held by the Treasurer of State.	75937

Sec. 261.30.20. INNOVATION OHIO LOAN FUND

75938

The foregoing appropriation item 195664, Innovation Ohio,	75939
shall be used to provide for innovation Ohio purposes, including	75940
loan guarantees and loans under Chapter 166. and particularly	75941
sections 166.12 to 166.16 of the Revised Code.	75942

RESEARCH AND DEVELOPMENT

75943

The foregoing appropriation item 195665, Research and	75944
Development, shall be used to provide for research and development	75945
purposes, including loans, under Chapter 166. and particularly	75946
sections 166.17 to 166.21 of the Revised Code.	75947

LOGISTICS AND DISTRIBUTION INFRASTRUCTURE

75948

Appropriation item 195698, Logistics and Distribution	75949
Infrastructure, shall be used for eligible logistics and	75950
distribution infrastructure projects as defined in section 166.01	75951
of the Revised Code. Any unexpended and unencumbered portion of	75952
the appropriation item at the end of fiscal year 2011 is hereby	75953
reappropriated for the same purpose in fiscal year 2012, and any	75954
unexpended and unencumbered portion of the appropriation item at	75955
the end of fiscal year 2012 is hereby reappropriated for the same	75956
purpose in fiscal year 2013.	75957

After all encumbrances have been paid, the Director of Budget	75958
and Management shall transfer the remaining cash balance in the	75959
Logistics and Distribution Infrastructure Fund (Fund 7008) to the	75960
Facilities Establishment Fund (Fund 7037).	75961

FACILITIES ESTABLISHMENT ~~FUND~~

75962

The foregoing appropriation item 195615, Facilities	75963
Establishment (Fund 7037), shall be used for the purposes of the	75964
Facilities Establishment Fund under Chapter 166. of the Revised	75965
Code.	75966

Notwithstanding Chapter 166. of the Revised Code, an amount	75967
not to exceed $1,000,000 in cash in fiscal year 2012 may be	75968
transferred from the Facilities Establishment Fund (Fund 7037) to	75969
the ~~Economic Development Financing Operating~~Business Assistance	75970
Fund (Fund 4510). The transfer is subject to Controlling Board	75971
approval under division (B) of section 166.03 of the Revised Code.	75972

Notwithstanding Chapter 166. of the Revised Code, the	75973
Director of Budget and Management may transfer an amount not to	75974
exceed $2,500,000 in cash in each fiscal year from the Facilities	75975
Establishment Fund (Fund 7037) to the Minority Business Enterprise	75976
Loan Fund (Fund 4W10).	75977

On July 1, ~~2011~~2012, or as soon as possible thereafter, the	75978
Director of Budget and Management shall transfer the unexpended	75979
and unencumbered cash balance in the Urban Development Loans Fund	75980
(Fund 5D20) to the Facilities Establishment Fund (Fund 7037).	75981

On July 1, ~~2011~~2012, or as soon as possible thereafter, the	75982
Director of Budget and Management shall transfer the unexpended	75983
and unencumbered cash balance in the Rural Industrial Park Loan	75984
Fund (Fund 4Z60) to the Facilities Establishment Fund (Fund 7037).	75985

CAPITAL ACCESS LOAN PROGRAM

75986

The foregoing appropriation item 195628, Capital Access Loan	75987
Program, shall be used for operating, program, and administrative	75988
expenses of the program. Funds of the Capital Access Loan Program	75989
shall be used to assist participating financial institutions in	75990
making program loans to eligible businesses that face barriers in	75991
accessing working capital and obtaining fixed-asset financing.	75992

Sec. 261.30.30. CLEAN OHIO OPERATING EXPENSES

75993

The foregoing appropriation item 195663, Clean Ohio	75994
~~Operating~~Program, shall be used by the ~~Department of~~ Development	75995
Services Agency in administering Clean Ohio Revitalization Fund	75996
(Fund 7003) projects pursuant to sections 122.65 to 122.658 of the	75997
Revised Code.	75998

Sec. 261.30.40. THIRD FRONTIER OPERATING

75999

The foregoing appropriation items 195686, Third Frontier	76000
Operating, and 195620, Third Frontier Operating - Tax, shall be	76001
used for operating expenses incurred by the ~~Department of~~	76002
Development Services Agency in administering projects pursuant to	76003
sections 184.10 to 184.20 of the Revised Code. Operating expenses	76004
paid from item 195686 shall be limited to the administration of	76005
projects funded from the Third Frontier Research & Development	76006
Fund (Fund 7011) and operating expenses paid from item 195620	76007
shall be limited to the administration of projects funded from the	76008
Third Frontier Research & Development Taxable Bond Project Fund	76009
(Fund 7014).	76010

Sec. 261.30.60. JOB READY SITE ~~OPERATING~~PROGRAM

76011

The foregoing appropriation item 195688, Job Ready Site	76012
~~Operating~~Program, shall be used for operating expenses incurred	76013
by the ~~Department of~~ Development Services Agency in administering	76014
Job Ready Site Development Fund (Fund 7012) projects pursuant to	76015
sections 122.085 to 122.0820 of the Revised Code. Operating	76016
expenses include, but are not limited to, certain qualified	76017
expenses of the District Public Works Integrating Committees, as	76018
applicable, engineering review of submitted applications by the	76019
State Architect or a third-party engineering firm, audit and	76020
accountability activities, and costs associated with formal	76021
certifications verifying that site infrastructure is in place and	76022
is functional.	76023

Sec. 261.30.70. OHIO COAL DEVELOPMENT OFFICE

76024

On July 1, 2011, or as soon as possible thereafter, the	76025
Director of Budget and Management shall transfer any unexpended	76026
and unencumbered portion of appropriation item 898604, Coal	76027
Research and Development Fund, used by the Ohio Air Quality	76028
Development Authority, to a new capital appropriation item in the	76029
~~Department of~~ Development Services Agency, to be determined by the	76030
Director. The Director also shall cancel all outstanding	76031
encumbrances against appropriation item 898604, Coal Research and	76032
Development Fund, and reestablish them against the foregoing new	76033
capital appropriation item. The amounts of the transfer and the	76034
reestablished encumbrances, plus $2,283,264, are hereby	76035
appropriated for fiscal year 2012 in the foregoing new	76036
appropriation item and shall be used to provide funding for coal	76037
research and development purposes.	76038

Sec. 261.30.80. THIRD FRONTIER BIOMEDICAL RESEARCH AND	76039
COMMERCIALIZATION SUPPORT	76040

The General Assembly and the Governor recognize the role that	76041
the biomedical industry has in job creation, innovation, and	76042
economic development throughout Ohio. It is the intent of the	76043
General Assembly, the Governor, the Director of Development	76044
Services, and the Director of Budget and Management to work	76045
together in continuing to provide comprehensive state support for	76046
the biomedical industry.	76047

Sec. 261.30.90. UNCLAIMED FUNDS TRANSFER

76048

(A)(1) Notwithstanding division (A) of section 169.05 of the	76049
Revised Code, upon the request of the Director of Budget and	76050
Management, the Director of Commerce, before June 30, 2012, shall	76051
transfer to the Job Development Initiatives Fund (Fund 5AD0) an	76052
amount not to exceed $25,000,000 in cash of the unclaimed funds	76053
that have been reported by the holders of unclaimed funds under	76054
section 169.05 of the Revised Code, regardless of the allocation	76055
of the unclaimed funds described under that section.	76056

Notwithstanding division (A) of section 169.05 of the Revised	76057
Code, upon the request of the Director of Budget and Management,	76058
the Director of Commerce, before June 30, 2013, shall transfer to	76059
the Job Development Initiatives Fund (Fund 5AD0) an amount not to	76060
exceed $~~15,000,000~~18,600,000 in cash of the unclaimed funds that	76061
have been reported by the holders of unclaimed funds under section	76062
169.05 of the Revised Code, regardless of the allocation of the	76063
unclaimed funds described under that section.	76064

~~(B)~~(2) Notwithstanding division (A) of section 169.05 of the	76065
Revised Code, upon the request of the Director of Budget and	76066
Management, the Director of Commerce, before June 30, 2012, shall	76067
transfer to the State Special Projects Fund (Fund 4F20) an amount	76068
not to exceed $5,000,000 in cash of the unclaimed funds that have	76069
been reported by the holders of unclaimed funds under section	76070
169.05 of the Revised Code, regardless of the allocation of the	76071
unclaimed funds described under that section.	76072

(B) ASSORTED TRANSFERS FOR RESTRUCTURING

76073

On July 1, 2012, or as soon as possible thereafter, the	76074
Director of Budget and Management shall transfer the cash balance	76075
in the Water and Sewer Fund (Fund 4440) to the General	76076
Reimbursement Fund (Fund 6850).	76077

On July 1, 2012, or as soon as possible thereafter, the	76078
Director of Budget and Management shall transfer the cash balance	76079
in the Water and Sewer Administration Fund (Fund 6110) to the	76080
General Reimbursement Fund (Fund 6850).	76081

On July 1, 2012, or as soon as possible thereafter, the	76082
Director of Budget and Management shall transfer the cash balance	76083
in the Tax Incentive Programs Operating Fund (Fund 4S00) to the	76084
Business Assistance Fund (Fund 4510).	76085

On July 1, 2012, or as soon as possible thereafter, the	76086
Director of Budget and Management shall transfer the cash balance	76087
in the Brownfield Stormwater Loan Fund (Fund 5KD0) to the New	76088
Market Tax Credit Program Fund (Fund 5JR0).	76089

Sec. 261.40.10. WORKFORCE DEVELOPMENT

76090

The Director of Development Services and the Director of Job	76091
and Family Services may enter into one or more interagency	76092
agreements between the two departments and take other actions the	76093
directors consider appropriate to further integrate workforce	76094
development into a larger economic development strategy, to	76095
implement the recommendations of the Workforce Policy Board, and	76096
to complete activities related to the transition of the	76097
administration of employment programs identified by the board.	76098
Subject to the approval of the Director of Budget and Management,	76099
the ~~Department of~~ Development Services Agency and the Department	76100
of Job and Family Services may expend moneys to support the	76101
recommendations of the Workforce Policy Board in the area of	76102
integration of employment functions as described in this paragraph	76103
and to complete implementation and transition activities from the	76104
appropriations to those departments.	76105

Sec. 263.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

76106

General Revenue Fund	76107

GRF	320321	Central Administration	$	4,422,794	$	4,422,794	76108
GRF	320412	Protective Services	$	2,174,826	$	1,957,343	76109
GRF	320415	Lease-Rental Payments	$	18,394,250	$	~~19,907,900~~ 17,907,900	76110
GRF	322407	Medicaid State Match	$	218,034,162	$	214,902,506	76111
GRF	322420	Screening and Early Intervention	$	0	$	300,000	76112
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	76113
GRF	322501	County Boards Subsidies	$	40,906,365	$	44,449,280	76114
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	76115
TOTAL GRF General Revenue Fund			$	303,865,155	$	~~305,572,581~~ 303,872,581	76116

General Services Fund Group	76117

1520	323609		Developmental Center and Residential Operating Services		$	3,414,317		$	3,414,317		76118
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		76119

Federal Special Revenue Fund Group	76120

3A50	320613	DD Council	$	3,341,572	$	3,341,572	76121
3250	322612	Community Social Service Programs	$	11,017,754	$	10,604,896	76122
3DZ0	322648	Enhanced Medicaid - Federal	$	10,000,000	$	0	76123
3G60	322639	Medicaid Waiver - Federal	$	866,566,007	$	985,566,007	76124
3M70	322650	CAFS Medicaid	$	29,349,502	$	~~29,349,502~~ 3,000,000	76125
3A40	323605	Developmental Center and Residential Facility Services and Support	$	180,266,029	$	~~179,384,881~~ 174,000,000	76126
TOTAL FED Federal Special Revenue Fund Group			$	1,100,540,864	$	~~1,208,246,858~~ 1,176,512,475	76127

State Special Revenue Fund Group	76128

5GE0	320606	Operating and Services	$	7,406,609	$	7,407,297	76129
2210	322620	Supplement Service Trust	$	150,000	$	150,000	76130
4K80	322604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	76131
5CT0	322632	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	76132
5DJ0	322625	Targeted Case Management Match	$	21,000,000	$	24,000,000	76133
5DJ0	322626	Targeted Case Management Services	$	57,307,357	$	66,000,000	76134
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	76135
5EV0	322627	Program Fees	$	685,000	$	685,000	76136
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	76137
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	76138
5Z10	322624	County Board Waiver Match	$	235,000,000	$	290,000,000	76139
4890	323632	Developmental Center Direct Care Support	$	16,497,170	$	16,497,169	76140
5S20	590622	Medicaid Administration & Oversight	$	20,875,567	$	21,727,540	76141
TOTAL SSR State Special Revenue Fund Group			$	372,876,703	$	440,422,006	76142
TOTAL ALL BUDGET FUND GROUPS			$	1,780,697,039	$	~~1,957,655,762~~ 1,924,221,379	76143

Sec. 263.10.30. ~~FAMILY~~SCREENING AND EARLY INTERVENTION

76145

The foregoing appropriation item 322420, Screening and Early	76146
Intervention, shall be used for screening and early intervention	76147
programs for children with autism selected by the Director.	76148

FAMILY SUPPORT SERVICES SUBSIDY

76149

(A) The foregoing appropriation item 322451, Family Support	76150
Services, may be used as follows in fiscal year 2012 and fiscal	76151
year 2013:	76152

(1) The appropriation item may be used to provide a subsidy	76153
to county boards of developmental disabilities for family support	76154
services provided under section 5126.11 of the Revised Code. The	76155
subsidy shall be paid in quarterly installments and allocated to	76156
county boards according to a formula the Director of Developmental	76157
Disabilities shall develop in consultation with representatives of	76158
county boards. A county board shall use not more than seven per	76159
cent of its subsidy for administrative costs.	76160

(2) The appropriation item may be used to distribute funds	76161
to county boards for the purpose of addressing economic hardships	76162
and to promote efficiency of operations. In consultation with	76163
representatives of county boards, the Director shall determine the	76164
amount of funds to distribute for these purposes and the criteria	76165
for distributing the funds.	76166

(B) Each county board shall submit reports to the Department	76167
of Developmental Disabilities on the use of funds received under	76168
this section. The reports shall be submitted at the times and in	76169
the manner specified in rules the Director shall adopt in	76170
accordance with Chapter 119. of the Revised Code.	76171

Sec. 263.10.90. TARGETED CASE MANAGEMENT SERVICES

76172

County boards of developmental disabilities shall pay the	76173
nonfederal portion of targeted case management costs to the	76174
Department of Developmental Disabilities.	76175

The Directors of Developmental Disabilities and Job and	76176
Family Services may enter into an interagency agreement under	76177
which the Department of Developmental Disabilities shall transfer	76178
cash from the Targeted Case Management Fund (Fund 5DJ0) to the	76179
~~Medicaid Program Support - State~~Health Care/Medicaid Support and	76180
Recoveries Fund (Fund ~~5C90~~5DL0) used by the Department of Job and	76181
Family Services in an amount equal to the nonfederal portion of	76182
the cost of targeted case management services paid by county	76183
boards, and the Department of Job and Family Services shall pay	76184
the total cost of targeted case management claims. The transfer	76185
shall be made using an intrastate transfer voucher.	76186

Sec. 263.20.40. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	76187
PHARMACY PROGRAMS	76188

The Director of Developmental Disabilities shall quarterly	76189
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the	76190
~~Medicaid Program Support - State~~Health Care/Medicaid Support and	76191
Recoveries Fund (Fund ~~5C90~~5DL0) used by the Department of Job and	76192
Family Services, in an amount equal to the nonfederal share of	76193
Medicaid prescription drug claim costs for all developmental	76194
centers paid by the Department of Job and Family Services. The	76195
quarterly transfer shall be made using an intrastate transfer	76196
voucher.	76197

Sec. 263.20.70. RATE INCREASE FOR WAIVER PROVIDERS SERVING	76198
FORMER RESIDENTS OF DEVELOPMENTAL CENTERS OR RESIDENTS OF	76199
CONVERTED FACILITIES	76200

~~Subject~~(A) As used in this section, "converted facility"	76201
means an intermediate care facility for the mentally retarded as	76202
defined in section 5111.20 of the Revised Code, or former	76203
intermediate care facility for the mentally retarded, that	76204
converted some or all of its beds to providing home and	76205
community-based services under the Individual Options Waiver	76206
pursuant to section 5111.874 of the Revised Code.	76207

(B) Subject to approval by the Centers for Medicare and	76208
Medicaid Services, the Department of Job and Family Services shall	76209
increase the rate paid to a provider under the Individual Options	76210
Waiver by fifty-two cents for each fifteen minutes of routine	76211
homemaker/personal care provided to an individual for up to a year	76212
if all of the following apply:	76213

~~(A)~~(1) The individual was a resident of a developmental	76214
center or converted facility immediately prior to enrollment in	76215
the waiver;	76216

~~(B)~~(2) The provider begins serving the individual on or after	76217
July 1, 2011;	76218

~~(C)~~(3) The Director of Developmental Disabilities determines	76219
that the increased rate is warranted by the individual's special	76220
circumstances, including the individual's diagnosis, service	76221
needs, or length of stay at the developmental center or converted	76222
facility, and that serving the individual through the Individual	76223
Options Waiver is fiscally prudent for the Medicaid program.	76224

Sec. 267.10. EDU DEPARTMENT OF EDUCATION

76225

General Revenue Fund	76226

GRF	200100	Personal Services	$	8,579,178	$	~~8,579,178~~ 0	76227
GRF	200320	Maintenance and Equipment	$	2,830,407	$	~~2,830,407~~ 0	76228
GRF	200321	Operating Expenses	$	0	$	13,142,780	76229
GRF	200408	Early Childhood Education	$	23,268,341	$	23,268,341	76230
GRF	200416	Career-Technical Education Match	$	2,233,195	$	~~2,233,195~~ 0	76231
GRF	200420	~~Computer/Application/ Network~~ Information Technology Development and Support	$	4,241,296	$	4,241,296	76232
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	76233
GRF	200422	School Management Assistance	$	2,842,812	$	3,000,000	76234
GRF	200424	Policy Analysis	$	328,558	$	328,558	76235
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	76236
GRF	200426	Ohio Educational Computer Network	$	17,974,489	$	17,974,489	76237
GRF	200427	Academic Standards	$	4,346,060	$	3,700,000	76238
GRF	200437	Student Assessment	$	55,002,167	$	55,002,167	76239
GRF	200439	Accountability/Report Cards	$	3,579,279	$	3,579,279	76240
GRF	200442	Child Care Licensing	$	827,140	$	827,140	76241
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	76242
GRF	200447	GED Testing	$	879,551	$	879,551	76243
GRF	200448	Educator Preparation	$	786,737	$	786,737	76244
GRF	200455	Community Schools and Choice Programs	$	2,200,000	$	2,200,000	76245
GRF	200502	Pupil Transportation	$	438,248,936	$	442,113,527	76246
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	76247
GRF	200511	Auxiliary Services	$	124,194,099	$	126,194,099	76248
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	56,164,384	$	57,006,850	76249
GRF	200540	Special Education Enhancements	$	135,820,668	$	135,820,668	76250
GRF	200545	Career-Technical Education Enhancements	$	8,802,699	$	8,802,699	76251
GRF	200550	Foundation Funding	$	5,536,347,861	$	~~5,610,290,686~~ 5,616,481,153	76252
GRF	200901	Property Tax Allocation - Education	$	1,086,500,000	$	1,095,000,000	76253
TOTAL GRF General Revenue Fund			$	7,539,595,467	$	~~7,628,256,477~~ 7,633,946,944	76254

General Services Fund Group	76255

1380	200606	~~Computer Services-Operational~~ Information Technology Development and Support	$	7,600,090	$	~~7,600,090~~ 6,100,090	76256
4520	200638	~~Miscellaneous Educational Services~~ Fees and Refunds	$	300,000	$	300,000	76257
4L20	200681	Teacher Certification and Licensure	$	8,147,756	$	8,147,756	76258
5960	200656	Ohio Career Information System	$	529,761	$	529,761	76259
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	76260
TOTAL GSF General Services							76261
Fund Group			$	41,577,607	$	~~41,577,607~~ 40,077,607	76262

Federal Special Revenue Fund Group	76263

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	76264
3670	200607	School Food Services	$	6,803,472	$	6,959,906	76265
3690	200616	Career-Technical Education Federal Enhancement	$	5,000,000	$	5,000,000	76266
3700	200624	Education of Exceptional Children	$	1,905,000	$	0	76267
3780	200660	Learn and Serve	$	619,211	$	619,211	76268
3AF0	200603	Schools Medicaid Administrative Claims	$	639,000	$	639,000	76269
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	76270
3AX0	200698	Improving Health and Educational Outcomes of Young People	$	630,954	$	630,954	76271
3BK0	200628	Longitudinal Data Systems	$	500,000	$	250,000	76272
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	76273
3CG0	200646	Teacher Incentive Fund	$	1,925,881	$	0	76274
3D10	200664	Drug Free Schools	$	1,500,000	$	0	76275
3D20	200667	Math Science Partnerships	$	9,500,001	$	9,500,001	76276
3DG0	200630	Federal Stimulus - McKinney Vento Grants	$	330,512	$	0	76277
3DJ0	200699	IDEA Part B - Federal Stimulus	$	21,886,803	$	0	76278
3DK0	200642	Title 1A - Federal Stimulus	$	18,633,673	$	0	76279
3DL0	200650	IDEA Preschool - Federal Stimulus	$	670,000	$	0	76280
3DM0	200651	Title IID Technology - Federal Stimulus	$	1,195,100	$	0	76281
3DP0	200652	Title I School Improvement - Federal Stimulus	$	48,500,000	$	30,000,000	76282
3EC0	200653	Teacher Incentive - Federal Stimulus	$	7,500,000	$	7,500,000	76283
3EH0	200620	Migrant Education	$	2,645,905	$	2,645,905	76284
3EJ0	200622	Homeless Children Education	$	1,759,782	$	1,759,782	76285
3EN0	200655	State Data Systems - Federal Stimulus	$	2,500,000	$	2,500,000	76286
3ES0	200657	General Supervisory Enhancement Grant	$	500,000	$	500,000	76287
3ET0	200658	Education Jobs Fund	$	300,000,000	$	50,000,000	76288
3FD0	200665	Race to the Top	$	100,000,000	$	100,000,000	76289
3FE0	200669	Striving Readers	$	180,000	$	100,000	76290
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	76291
3L60	200617	Federal School Lunch	$	327,516,539	$	337,323,792	76292
3L70	200618	Federal School Breakfast	$	87,596,850	$	90,224,756	76293
3L80	200619	Child/Adult Food Programs	$	100,850,833	$	103,876,359	76294
3L90	200621	Career-Technical Education Basic Grant	$	48,466,864	$	48,466,864	76295
3M00	200623	ESEA Title 1A	$	530,010,000	$	530,010,000	76296
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	76297
3S20	200641	Education Technology	$	9,487,397	$	9,487,397	76298
3T40	200613	Public Charter Schools	$	14,291,353	$	14,291,353	76299
3Y20	200688	21st Century Community Learning Centers	$	43,720,462	$	45,906,485	76300
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	76301
3Y70	200689	English Language Acquisition	$	8,373,995	$	8,373,995	76302
3Y80	200639	Rural and Low Income Technical Assistance	$	1,500,000	$	1,500,000	76303
3Z20	200690	State Assessments	$	11,882,258	$	11,882,258	76304
3Z30	200645	Consolidated Federal Grant Administration	$	8,949,280	$	~~8,949,280~~ 7,949,280	76305
TOTAL FED Federal Special							76306
Revenue Fund Group			$	2,310,389,566	$	~~2,011,315,739~~ 2,010,315,739	76307

State Special Revenue Fund Group	76308

4540	200610	~~Guidance and~~ GED Testing	$	1,050,000	$	1,050,000	76309
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	76310
4R70	200695	Indirect Operational Support	$	6,500,000	$	6,600,000	76311
4V70	200633	Interagency ~~Operational~~ Program Support	$	1,117,725	$	~~1,117,725~~ 717,725	76312
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	76313
5BB0	200696	State Action for Education Leadership	$	231,300	$	0	76314
5BJ0	200626	Half-Mill Maintenance Equalization	$	17,300,000	$	18,000,000	76315
5U20	200685	National Education Statistics	$	300,000	$	300,000	76316
6200	200615	Educational Improvement Grants	$	3,000,000	$	3,000,000	76317
TOTAL SSR State Special Revenue							76318
Fund Group			$	54,827,935	$	~~55,396,635~~ 54,996,635	76319

Lottery Profits Education Fund Group	76320

7017	200612	Foundation Funding	$	717,500,000	$	680,500,000	76321
7018	200686	Third Grade Reading Guarantee	$	0	$	13,000,000	76322
TOTAL LPE Lottery Profits							76323
Education Fund Group			$	717,500,000	$	~~680,500,000~~ 693,500,000	76324

Revenue Distribution Fund Group	76325

7047	200909	School District Property Tax Replacement-Business	$	722,000,000	$	475,000,000	76326
7053	200900	School District Property Tax Replacement-Utility	$	34,000,000	$	30,000,000	76327
TOTAL RDF Revenue Distribution							76328
Fund Group			$	756,000,000	$	505,000,000	76329
TOTAL ALL BUDGET FUND GROUPS			$	11,419,890,575	$	~~10,922,046,458~~ 10,937,836,925	76330

Sec. 267.10.10. OPERATING EXPENSES

76332

The foregoing appropriation item 200321, Operating Expenses,	76333
shall be used to support the same activities as are supported	76334
prior to July 1, 2012, by appropriation items 200100, Personal	76335
Services, and 200320, Maintenance and Equipment. A portion of this	76336
appropriation item also shall be used by the Department of	76337
Education to provide matching funds under 20 U.S.C. 2321, which	76338
are provided by appropriation item 200416, Career-Technical	76339
Education Match, prior to July 1, 2012.	76340

On July 1, 2012, or as soon as possible thereafter, the	76341
Director of Budget and Management shall cancel any existing	76342
encumbrances against appropriation items 200100, Personal	76343
Services, 200320, Maintenance and Equipment, and 200416,	76344
Career-Technical Education Match, and reestablish them against	76345
appropriation item 200321, Operating Expenses. The reestablished	76346
encumbrance amounts are hereby appropriated.	76347

EARLY CHILDHOOD EDUCATION

76348

The Department of Education shall distribute the foregoing	76349
appropriation item 200408, Early Childhood Education, to pay the	76350
costs of early childhood education programs.	76351

(A) As used in this section:

76352

(1) "Provider" means a city, local, exempted village, or	76353
joint vocational school district, or an educational service	76354
center.	76355

(2) In the case of a city, local, or exempted village school	76356
district, "new eligible provider" means a district that did not	76357
receive state funding for Early Childhood Education in the	76358
previous fiscal year or demonstrates a need for early childhood	76359
programs as defined in division (D) of this section.	76360

(3) "Eligible child" means a child who is at least three	76361
years of age as of the district entry date for kindergarten, is	76362
not of the age to be eligible for kindergarten, and whose family	76363
earns not more than two hundred per cent of the federal poverty	76364
guidelines as defined in division (A)(3) of section 5101.46 of the	76365
Revised Code. Children with an Individualized Education Program	76366
and where the Early Childhood Education program is the least	76367
restrictive environment may be enrolled on their third birthday.	76368

(B) In each fiscal year, up to two per cent of the total	76369
appropriation may be used by the Department for program support	76370
and technical assistance. The Department shall distribute the	76371
remainder of the appropriation in each fiscal year to serve	76372
eligible children.	76373

(C) The Department shall provide an annual report to the	76374
Governor, the Speaker of the House of Representatives, and the	76375
President of the Senate and post the report to the Department's	76376
web site, regarding early childhood education programs operated	76377
under this section and the early learning program guidelines.	76378

(D) After setting aside the amounts to make payments due from	76379
the previous fiscal year, in fiscal year 2012, the Department	76380
shall distribute funds first to recipients of funds for early	76381
childhood education programs under Section 265.10.20 of Am. Sub.	76382
H.B. 1 of the 128th General Assembly in the previous fiscal year	76383
and the balance to new eligible providers of early childhood	76384
education programs under this section or to existing providers to	76385
serve more eligible children or for purposes of program expansion,	76386
improvement, or special projects to promote quality and	76387
innovation.	76388

After setting aside the amounts to make payments due from the	76389
previous fiscal year, in fiscal year 2013, the Department shall	76390
distribute funds first to providers of early childhood education	76391
programs under this section in the previous fiscal year and the	76392
balance to new eligible providers or to existing providers to	76393
serve more eligible children or for purposes of program expansion,	76394
improvement, or special projects to promote quality and	76395
innovation.	76396

Awards under this section shall be distributed on a per-pupil	76397
basis, and in accordance with division (H) of this section. The	76398
Department may adjust the per-pupil amount so that the per-pupil	76399
amount multiplied by the number of eligible children enrolled and	76400
receiving services on the first day of December or the business	76401
day closest to that date equals the amount allocated under this	76402
section.	76403

(E) Costs for developing and administering an early childhood	76404
education program may not exceed fifteen per cent of the total	76405
approved costs of the program.	76406

All providers shall maintain such fiscal control and	76407
accounting procedures as may be necessary to ensure the	76408
disbursement of, and accounting for, these funds. The control of	76409
funds provided in this program, and title to property obtained,	76410
shall be under the authority of the approved provider for purposes	76411
provided in the program unless, as described in division (J) of	76412
this section, the program waives its right for funding or a	76413
program's funding is eliminated or reduced due to its inability to	76414
meet financial or early learning program guidelines. The approved	76415
provider shall administer and use such property and funds for the	76416
purposes specified.	76417

(F) The Department may examine a provider's financial and	76418
program records. If the financial practices of the program are not	76419
in accordance with standard accounting principles or do not meet	76420
financial standards outlined under division (E) of this section,	76421
or if the program fails to substantially meet the early learning	76422
program guidelines, meet a quality rating level in the tiered	76423
quality rating and improvement system developed under section	76424
5104.30 of the Revised Code as prescribed by the Department, or	76425
exhibits below average performance as measured against the	76426
guidelines, the early childhood education program shall propose	76427
and implement a corrective action plan that has been approved by	76428
the Department. The approved corrective action plan shall be	76429
signed by the chief executive officer and the executive of the	76430
official governing body of the provider. The corrective action	76431
plan shall include a schedule for monitoring by the Department.	76432
Such monitoring may include monthly reports, inspections, a	76433
timeline for correction of deficiencies, and technical assistance	76434
to be provided by the Department or obtained by the early	76435
childhood education program. The Department may withhold funding	76436
pending corrective action. If an early childhood education program	76437
fails to satisfactorily complete a corrective action plan, the	76438
Department may deny expansion funding to the program or withdraw	76439
all or part of the funding to the program and establish a new	76440
eligible provider through a selection process established by the	76441
Department.	76442

(G) Each early childhood education program shall do all of	76443
the following:	76444

(1) Meet teacher qualification requirements prescribed by	76445
section 3301.311 of the Revised Code;	76446

(2) Align curriculum to the early learning content standards	76447
developed by the Department;	76448

(3) Meet any child or program assessment requirements	76449
prescribed by the Department;	76450

(4) Require teachers, except teachers enrolled and working to	76451
obtain a degree pursuant to section 3301.311 of the Revised Code,	76452
to attend a minimum of twenty hours every two years of	76453
professional development as prescribed by the Department;	76454

(5) Document and report child progress as prescribed by the	76455
Department;	76456

(6) Meet and report compliance with the early learning	76457
program guidelines as prescribed by the Department;	76458

(7) Participate in the tiered quality rating and improvement	76459
system developed under section 5104.30 of the Revised Code.	76460
Effective July 1, 2016, all programs shall be rated through the	76461
system.	76462

(H) Per-pupil funding for programs subject to this section	76463
shall be sufficient to provide eligible children with services for	76464
a standard early childhood schedule which shall be defined in this	76465
section as a minimum of twelve and one-half hours per school week	76466
as defined in section 3313.62 of the Revised Code for the minimum	76467
school year as defined in sections 3313.48, 3313.481, and 3313.482	76468
of the Revised Code. Nothing in this section shall be construed to	76469
prohibit program providers from utilizing other funds to serve	76470
eligible children in programs that exceed the twelve and one-half	76471
hours per week or that exceed the minimum school year. For any	76472
provider for which a standard early childhood education schedule	76473
creates a hardship or for which the provider shows evidence that	76474
the provider is working in collaboration with a preschool special	76475
education program, the provider may submit a waiver to the	76476
Department requesting an alternate schedule. If the Department	76477
approves a waiver for an alternate schedule that provides services	76478
for less time than the standard early childhood education	76479
schedule, the Department may reduce the provider's annual	76480
allocation proportionately. Under no circumstances shall an annual	76481
allocation be increased because of the approval of an alternate	76482
schedule.	76483

(I) Each provider shall develop a sliding fee scale based on	76484
family incomes and shall charge families who earn more than two	76485
hundred per cent of the federal poverty guidelines, as defined in	76486
division (A)(3) of section 5101.46 of the Revised Code, for the	76487
early childhood education program.	76488

The Department shall conduct an annual survey of each	76489
provider to determine whether the provider charges families	76490
tuition or fees, the amount families are charged relative to	76491
family income levels, and the number of families and students	76492
charged tuition and fees for the early childhood program.	76493

(J) If an early childhood education program voluntarily	76494
waives its right for funding, or has its funding eliminated for	76495
not meeting financial standards or the early learning program	76496
guidelines, the provider shall transfer control of title to	76497
property, equipment, and remaining supplies obtained through the	76498
program to providers designated by the Department and return any	76499
unexpended funds to the Department along with any reports	76500
prescribed by the Department. The funding made available from a	76501
program that waives its right for funding or has its funding	76502
eliminated or reduced may be used by the Department for new grant	76503
awards or expansion grants. The Department may award new grants or	76504
expansion grants to eligible providers who apply. The eligible	76505
providers who apply must do so in accordance with the selection	76506
process established by the Department.	76507

(K) As used in this section, "early learning program	76508
guidelines" means the guidelines established by the Department	76509
pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B.	76510
66 of the 126th General Assembly.	76511

(L) Eligible expenditures for the Early Childhood Education	76512
program shall be claimed each fiscal year to help meet the state's	76513
TANF maintenance of effort requirement. The Superintendent of	76514
Public Instruction and the Director of Job and Family Services	76515
shall enter into an interagency agreement to carry out the	76516
requirements under this division, which shall include developing	76517
reporting guidelines for these expenditures.	76518

Sec. 267.10.20. CAREER-TECHNICAL EDUCATION MATCH

76519

~~The~~For fiscal year 2012, the foregoing appropriation item	76520
200416, Career-Technical Education Match, shall be used by the	76521
Department of Education to provide ~~vocational administration~~	76522
matching funds under 20 U.S.C. ~~2311~~2321.	76523

~~The Director of Budget and Management shall transfer any~~	76524
~~remaining appropriation from appropriation item 200416,~~	76525
~~Career-Technical Education Match, to appropriation item 200426,~~	76526
~~Ohio Educational Computer Network, to support the Ohio Educational~~	76527
~~Computer Network.~~	76528

~~COMPUTER/APPLICATION/NETWORK~~INFORMATION TECHNOLOGY	76529
DEVELOPMENT AND SUPPORT	76530

The foregoing appropriation item 200420,	76531
~~Computer/Application/Network~~Information Technology Development	76532
and Support, shall be used to support the development and	76533
implementation of information technology solutions designed to	76534
improve the performance and services of the Department of	76535
Education. Funds may be used for personnel, maintenance, and	76536
equipment costs related to the development and implementation of	76537
these technical system projects. Implementation of these systems	76538
shall allow the Department to provide greater levels of assistance	76539
to school districts and to provide more timely information to the	76540
public, including school districts, administrators, and	76541
legislators. Funds may also be used to support data-driven	76542
decision-making and differentiated instruction, as well as to	76543
communicate academic content standards and curriculum models to	76544
schools through web-based applications.	76545

Sec. 267.10.40. SCHOOL MANAGEMENT ASSISTANCE

76546

Of the foregoing appropriation item 200422, School Management	76547
Assistance, $1,000,000 in each fiscal year ~~2012 and $1,300,000 in~~	76548
~~fiscal year 2013~~ shall be used by the Auditor of State in	76549
consultation with the Department of Education for expenses	76550
incurred in the Auditor of State's role relating to fiscal	76551
caution, fiscal watch, and fiscal emergency activities as defined	76552
in Chapter 3316. of the Revised Code and may also be used by the	76553
Auditor of State to conduct performance audits of other school	76554
districts with priority given to districts in fiscal distress.	76555
Districts in fiscal distress shall be determined by the Auditor of	76556
State and shall include districts that the Auditor of State, in	76557
consultation with the Department of Education, determines are	76558
employing fiscal practices or experiencing budgetary conditions	76559
that could produce a state of fiscal watch or fiscal emergency.	76560

The remainder of appropriation item 200422, School Management	76561
Assistance, shall be used by the Department of Education to	76562
provide fiscal technical assistance and inservice education for	76563
school district management personnel and to administer, monitor,	76564
and implement the fiscal caution, fiscal watch, and fiscal	76565
emergency provisions under Chapter 3316. of the Revised Code.	76566

COMMUNITY SCHOOL AND CHOICE PROGRAMS

76567

An amount equal to the unexpended, unencumbered balances of	76568
the GRF appropriations for the Department of Education at the end	76569
of fiscal year 2012, but not to exceed $600,000, is hereby	76570
reappropriated to appropriation item 200455, Community Schools and	76571
Choice Programs, for fiscal year 2013 for the Department of	76572
Education to provide STEM schools with matching funds for industry	76573
workforce development initiatives.	76574

If the unexpended, unencumbered balances reappropriated above	76575
are less than $600,000, the Superintendent of Public Instruction	76576
shall identify outstanding GRF encumbrances of the Department for	76577
fiscal year 2012 and prior fiscal years that are no longer needed	76578
to support the obligations of the Department. On July 1, 2012, or	76579
as soon as possible thereafter, the Superintendent shall certify	76580
the identified encumbrances to the Director of Budget and	76581
Management. Upon receipt of the certification, the Director of	76582
Budget and Management shall cancel identified encumbrances in an	76583
amount up to the difference between $600,000 and the amount	76584
reappropriated above. The amount of canceled encumbrances is	76585
hereby appropriated to appropriation item 200455, Community	76586
Schools and Choice Programs, for fiscal year 2013 for the	76587
Department of Education to provide STEM schools with matching	76588
funds for industry workforce development initiatives.	76589

Sec. 267.30.20. SPECIAL EDUCATION ENHANCEMENTS

76590

Of the foregoing appropriation item 200540, Special Education	76591
Enhancements, up to $2,206,875 in each fiscal year shall be used	76592
for home instruction for children with disabilities.	76593

Of the foregoing appropriation item 200540, Special Education	76594
Enhancements, up to $45,282,959 in each fiscal year shall be used	76595
to fund special education and related services at county boards of	76596
developmental disabilities for eligible students under section	76597
3317.20 of the Revised Code and at institutions for eligible	76598
students under section 3317.201 of the Revised Code.	76599
Notwithstanding the distribution formulas under sections 3317.20	76600
and 3317.201 of the Revised Code, funding for DD boards and	76601
institutions for fiscal year 2012 and fiscal year 2013 shall be	76602
determined by providing the per pupil amount received by each DD	76603
board and institution for the prior fiscal year for each student	76604
served in the current fiscal year.	76605

Of the foregoing appropriation item 200540, Special Education	76606
Enhancements, up to $1,333,468 in each fiscal year shall be used	76607
for parent mentoring programs.	76608

Of the foregoing appropriation item 200540, Special Education	76609
Enhancements, up to $2,537,824 in each fiscal year may be used for	76610
school psychology interns.	76611

The remainder of appropriation item 200540, Special Education	76612
Enhancements, shall be distributed by the Department of Education	76613
to county boards of developmental disabilities, educational	76614
service centers, and school districts for preschool special	76615
education units and preschool supervisory units under section	76616
3317.052 of the Revised Code. To the greatest extent possible, the	76617
Department of Education shall allocate these units to school	76618
districts and educational service centers.	76619

The Department may reimburse county DD boards, educational	76620
service centers, and school districts for services provided by	76621
instructional assistants, related services as defined in rule	76622
3301-51-11 of the Administrative Code, physical therapy services	76623
provided by a licensed physical therapist or physical therapist	76624
assistant under the supervision of a licensed physical therapist	76625
as required under Chapter 4755. of the Revised Code and Chapter	76626
4755-27 of the Administrative Code and occupational therapy	76627
services provided by a licensed occupational therapist or	76628
occupational therapy assistant under the supervision of a licensed	76629
occupational therapist as required under Chapter 4755. of the	76630
Revised Code and Chapter 4755-7 of the Administrative Code.	76631
Nothing in this section authorizes occupational therapy assistants	76632
or physical therapist assistants to generate or manage their own	76633
caseloads.	76634

The Department of Education shall require school districts,	76635
educational service centers, and county DD boards serving	76636
preschool children with disabilities to adhere to Ohio's Early	76637
Learning Program Guidelines, participate in the tiered quality	76638
rating and improvement system developed under section 5104.30 of	76639
the Revised Code, and document child progress using research-based	76640
indicators prescribed by the Department and report results	76641
annually. The reporting dates and method shall be determined by	76642
the Department. Effective July 1, 2018, all programs shall be	76643
rated through the tiered quality rating and improvement system.	76644

Sec. 267.30.40. FOUNDATION FUNDING

76645

Of the foregoing appropriation item 200550, Foundation	76646
Funding, up to $675,000 in each fiscal year shall be used to	76647
support the work of the College of Education and Human Ecology at	76648
the Ohio State University in reviewing and assessing the alignment	76649
of courses offered through the distance learning clearinghouse	76650
established in sections 3333.81 to 3333.88 of the Revised Code	76651
with the academic content standards adopted under division (A) of	76652
section 3301.079 of the Revised Code.	76653

Of the foregoing appropriation item 200550, Foundation	76654
Funding, up to $250,000 in each fiscal year may be used by the	76655
Department to fund a shared services pilot project involving at	76656
least two educational service centers. The pilot project shall	76657
focus on the design, implementation, and evaluation of a shared	76658
service delivery model. The educational service centers	76659
participating in the pilot project shall submit a report not later	76660
than September 1, 2013, to the Governor, members of the General	76661
Assembly, and members of the State Board of Education, reviewing	76662
the opportunities and challenges of implementing shared services	76663
initiatives as well as any real or projected cost efficiencies	76664
achieved through the pilot project.	76665

Of the foregoing appropriation item 200550, Foundation	76666
Funding, up to $50,000 shall be expended in each fiscal year for	76667
court payments under section 2151.362 of the Revised Code.	76668

Of the foregoing appropriation item 200550, Foundation	76669
Funding, up to $8,100,000 in each fiscal year shall be used to	76670
fund gifted education at educational service centers.	76671
Notwithstanding division (D)(5) of section 3317.018 of the Revised	76672
Code, the Department shall distribute the funding through the	76673
unit-based funding methodology in place under division (L) of	76674
section 3317.024, division (E) of section 3317.05, and divisions	76675
(A), (B), and (C) of section 3317.053 of the Revised Code as they	76676
existed prior to fiscal year 2010.	76677

Of the foregoing appropriation item 200550, Foundation	76678
Funding, up to $10,000,000 in each fiscal year shall be used to	76679
provide additional state aid to school districts, joint vocational	76680
school districts, and community schools for special education	76681
students under division (C)(3) of section 3317.022 of the Revised	76682
Code, except that the Controlling Board may increase these amounts	76683
if presented with such a request from the Department of Education	76684
at the final meeting of the fiscal year; and up to $2,000,000 in	76685
each fiscal year shall be reserved for Youth Services tuition	76686
payments under section 3317.024 of the Revised Code.	76687

Of the foregoing appropriation item 200550, Foundation	76688
Funding, up to $41,760,000 in fiscal year 2012 and up to	76689
$35,496,000 in fiscal year 2013 shall be reserved to fund the	76690
state reimbursement of educational service centers under section	76691
3317.11 of the Revised Code and the section of this act entitled	76692
"EDUCATIONAL SERVICE CENTERS FUNDING"; and up to $3,545,752 in	76693
each fiscal year shall be distributed to educational service	76694
centers for School Improvement Initiatives. Educational service	76695
centers shall be required to support districts in the development	76696
and implementation of their continuous improvement plans as	76697
required in section 3302.04 of the Revised Code and to provide	76698
technical assistance and support in accordance with Title I of the	76699
"No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C.	76700
6317.	76701

Of the foregoing appropriation item 200550, Foundation	76702
Funding, up to $700,000 in each fiscal year shall be used by the	76703
Department of Education for a program to pay for educational	76704
services for youth who have been assigned by a juvenile court or	76705
other authorized agency to any of the facilities described in	76706
division (A) of the section of this act entitled "PRIVATE	76707
TREATMENT FACILITY PROJECT."	76708

Of the foregoing appropriation item 200550, Foundation	76709
Funding, up to $12,522,860 in ~~each~~ fiscal year 2012 and up to	76710
$18,713,327 in fiscal year 2013 shall be used to support ~~the~~	76711
~~Cleveland~~ school choice ~~program~~programs.	76712

Of the portion of the funds distributed to the Cleveland	76713
Municipal School District under this section, up to $11,901,887 in	76714
each fiscal year shall be used to operate the school choice	76715
program in the Cleveland Municipal School District under sections	76716
3313.974 to 3313.979 of the Revised Code. Notwithstanding	76717
divisions (B) and (C) of section 3313.978 and division (C) of	76718
section 3313.979 of the Revised Code, up to $1,000,000 in each	76719
fiscal year of this amount shall be used by the Cleveland	76720
Municipal School District to provide tutorial assistance as	76721
provided in division (H) of section 3313.974 of the Revised Code.	76722
The Cleveland Municipal School District shall report the use of	76723
these funds in the district's three-year continuous improvement	76724
plan as described in section 3302.04 of the Revised Code in a	76725
manner approved by the Department of Education.	76726

Of the foregoing appropriation item 200550, Foundation	76727
Funding, an amount shall be available in each fiscal year to be	76728
paid to joint vocational school districts in accordance with the	76729
section of this act entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	76730
DISTRICTS."	76731

Of the foregoing appropriation item 200550, Foundation	76732
Funding, a portion in each fiscal year shall be paid to city,	76733
exempted village, and local school districts in accordance with	76734
the section of this act entitled "SUPPLEMENTAL SCHOOL DISTRICT	76735
FUNDING."	76736

Of the foregoing appropriation item 200550, Foundation	76737
Funding, a portion in each fiscal year shall be paid to school	76738
districts and community schools in accordance with the section of	76739
this act entitled "SUBSIDY FOR HIGH PERFORMING SCHOOL DISTRICTS."	76740

The remainder of appropriation item 200550, Foundation	76741
Funding, shall be used to distribute the amounts calculated for	76742
formula aid under Section 267.30.50 of this act.	76743

Appropriation items 200502, Pupil Transportation, 200540,	76744
Special Education Enhancements, and 200550, Foundation Funding,	76745
other than specific set-asides, are collectively used in each	76746
fiscal year to pay state formula aid obligations for school	76747
districts, community schools, STEM schools, and joint vocational	76748
school districts under this act. The first priority of these	76749
appropriation items, with the exception of specific set-asides, is	76750
to fund state formula aid obligations. It may be necessary to	76751
reallocate funds among these appropriation items or use excess	76752
funds from other general revenue fund appropriation items in the	76753
Department of Education's budget in each fiscal year, in order to	76754
meet state formula aid obligations. If it is determined that it is	76755
necessary to transfer funds among these appropriation items or to	76756
transfer funds from other General Revenue Fund appropriations in	76757
the Department of Education's budget to meet state formula aid	76758
obligations, the Department of Education shall seek approval from	76759
the Controlling Board to transfer funds as needed.	76760

Sec. 267.40.40. LOTTERY PROFITS EDUCATION RESERVE FUND

76761

(A) There is hereby created the Lottery Profits Education	76762
Reserve Fund (Fund 7018) in the State Treasury. Investment	76763
earnings of the Lottery Profits Education Reserve Fund shall be	76764
credited to the fund.	76765

(B) Notwithstanding any other provision of law to the	76766
contrary, the Director of Budget and Management may transfer cash	76767
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017)	76768
in fiscal year 2012 and fiscal year 2013. Amounts transferred	76769
under this section are hereby appropriated.	76770

(C) On July 15, 2011, or as soon as possible thereafter, the	76771
Director of the Ohio Lottery Commission shall certify to the	76772
Director of Budget and Management the amount by which lottery	76773
profit transfers received by Fund 7017 exceeded $711,000,000 in	76774
fiscal year 2011. The Director of Budget and Management may	76775
transfer the amount so certified, plus the cash balance in Fund	76776
7017, to Fund 7018.	76777

(D) On July 15, 2012, or as soon as possible thereafter, the	76778
Director of the Ohio Lottery Commission shall certify to the	76779
Director of Budget and Management the amount by which lottery	76780
profit transfers received by Fund 7017 exceeded $717,500,000 in	76781
fiscal year 2012. The Director of Budget and Management may	76782
transfer the amount so certified, plus the cash balance in Fund	76783
7017, to Fund 7018.	76784

THIRD GRADE READING GUARANTEE

76785

The foregoing appropriation item 200686, Third Grade Reading	76786
Guarantee, shall be used to make competitive grants in an	76787
aggregate amount of up to $13,000,000 to school districts and	76788
community schools to support reading intervention efforts that	76789
assist students in meeting the third grade reading guarantee	76790
established in section 3313.608 of the Revised Code.	76791

The Superintendent of Public Instruction shall administer and	76792
award the grants. The Superintendent shall establish procedures	76793
and forms by which applicants may apply for a grant, a competitive	76794
process for awarding the grants, procedures for distributing	76795
grants to recipients, and procedures for monitoring the use of	76796
grants by recipients. The procedures shall require each school	76797
district and community school applying for a grant to submit, as	76798
part of its grant application, a reading program plan identifying	76799
how the grant award will be used. To be eligible for a grant	76800
award, school districts and community schools shall apply to the	76801
Superintendent not later than December 31, 2012. The	76802
Superintendent shall announce the grant awards not later than	76803
April 30, 2013.	76804

In awarding the grants, the Superintendent shall give	76805
priority to plans that either utilize public-private partnerships	76806
or involve collaboration with educational service centers, other	76807
school districts, or local entities, such as libraries, parks and	76808
recreation authorities, or other community entities. The	76809
Superintendent shall also consider an applicant's past performance	76810
on the third grade reading assessment administered pursuant to the	76811
version of section 3301.0710 of the Revised Code that was in	76812
effect prior to October 16, 2009. In considering this factor, the	76813
Superintendent shall take into account the existing resources	76814
available for reading improvement initiatives, including the	76815
amount of funding the school district or community school	76816
regularly receives under Title I of the "Elementary and Secondary	76817
Education Act of 1965," 20 U.S.C. 6301, et seq.	76818

Sec. 279.10. EPA ENVIRONMENTAL PROTECTION AGENCY

76819

General Services Fund Group	76820

1990	715602	Laboratory Services	$	402,295	$	408,560	76821
2190	715604	Central Support Indirect	$	8,594,348	$	8,555,680	76822
4A10	715640	Operating Expenses	$	2,304,267	$	2,093,039	76823
4D50	715618	Recycled State Materials	$	0	$	50,000	76824
TOTAL GSF General Services							76825
Fund Group			$	11,300,910	$	~~11,057,279~~ 11,107,279	76826

Federal Special Revenue Fund Group	76827

3530	715612	Public Water Supply	$	2,941,282	$	2,941,282	76828
3540	715614	Hazardous Waste Management - Federal	$	4,193,000	$	4,193,000	76829
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	76830
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	76831
3BU0	715684	Water Quality Protection	$	8,100,000	$	6,785,000	76832
3CS0	715688	Federal NRD Settlements	$	100,000	$	100,000	76833
3F20	715630	Revolving Loan Fund - Operating	$	907,543	$	907,543	76834
3F30	715632	Federally Supported Cleanup and Response	$	3,344,746	$	3,290,405	76835
3F50	715641	Nonpoint Source Pollution Management	$	6,265,000	$	6,260,000	76836
3T30	715669	Drinking Water State Revolving Fund	$	2,273,323	$	2,273,323	76837
3V70	715606	Agencywide Grants	$	600,000	$	600,000	76838
TOTAL FED Federal Special Revenue							76839
Fund Group			$	35,146,971	$	33,772,630	76840

State Special Revenue Fund Group	76841

4J00	715638	Underground Injection Control	$	445,234	$	445,571	76842
4K20	715648	Clean Air - Non Title V	$	3,152,306	$	2,906,267	76843
4K30	715649	Solid Waste	$	16,742,551	$	16,414,654	76844
4K40	715650	Surface Water Protection	$	7,642,625	$	6,672,246	76845
4K40	715686	Environmental Lab Service	$	2,096,007	$	2,096,007	76846
4K50	715651	Drinking Water Protection	$	7,410,118	$	7,405,428	76847
4P50	715654	Cozart Landfill	$	100,000	$	100,000	76848
4R50	715656	Scrap Tire Management	$	1,368,610	$	1,376,742	76849
4R90	715658	Voluntary Action Program	$	999,503	$	997,425	76850
4T30	715659	Clean Air - Title V Permit Program	$	16,349,471	$	16,241,822	76851
4U70	715660	Construction and Demolition Debris	$	425,913	$	433,591	76852
5000	715608	Immediate Removal Special Account	$	633,832	$	634,033	76853
5030	715621	Hazardous Waste Facility Management	$	10,241,107	$	9,789,620	76854
5050	715623	Hazardous Waste Cleanup	$	12,511,234	$	12,331,272	76855
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	76856
5320	715646	Recycling and Litter Control	$	0	$	4,911,575	76857
5410	715670	Site Specific Cleanup	$	2,048,101	$	2,048,101	76858
5420	715671	Risk Management Reporting	$	132,636	$	132,636	76859
5860	715637	Scrap Tire Market Development	$	0	$	1,497,645	76860
5920	715627	Anti Tampering Settlement	$	2,285	$	2,285	76861
5BC0	715617	Clean Ohio	$	611,455	$	611,455	76862
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	76863
5BC0	715624	Surface Water	$	8,970,181	$	9,114,974	76864
5BC0	715672	Air Pollution Control	$	4,438,629	$	4,534,758	76865
5BC0	715673	Drinking and Ground Water	$	4,317,527	$	4,323,521	76866
5BC0	715675	Hazardous Waste	$	95,266	$	95,266	76867
5BC0	715676	Assistance and Prevention	$	640,179	$	645,069	76868
5BC0	715677	Laboratory	$	939,717	$	958,586	76869
5BC0	715678	Corrective Actions	$	31,765	$	105,423	76870
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	76871
5BC0	715692	Administration	$	8,562,476	$	8,212,627	76872
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	76873
5BY0	715681	Auto Emissions Test	$	13,029,952	$	~~13,242,762~~ 11,242,762	76874
5CD0	715682	Clean Diesel School Buses	$	600,000	$	600,000	76875
5H40	715664	Groundwater Support	$	77,508	$	78,212	76876
5N20	715613	Dredge and Fill	$	29,250	$	29,250	76877
5Y30	715685	Surface Water Improvement	$	2,800,000	$	2,800,000	76878
6440	715631	ER Radiological Safety	$	279,838	$	279,966	76879
6600	715629	Infectious Waste Management	$	91,573	$	88,764	76880
6760	715642	Water Pollution Control Loan Administration	$	4,317,376	$	4,321,605	76881
6780	715635	Air Toxic Release	$	138,669	$	138,669	76882
6790	715636	Emergency Planning	$	2,623,192	$	2,623,252	76883
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,100,000	76884
6990	715644	Water Pollution Control Administration	$	220,000	$	220,000	76885
6A10	715645	Environmental Education	$	1,488,260	$	1,488,718	76886
TOTAL SSR State Special Revenue Fund Group			$	140,764,230	$	~~138,700,461~~ 143,109,681	76887

Clean Ohio Conservation Fund Group	76888

5S10	715607	Clean Ohio - Operating	$	284,083	$	284,124	76889
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,083	$	284,124	76890
TOTAL ALL BUDGET FUND GROUPS			$	187,496,194	$	~~183,814,494~~ 188,273,714	76891

AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT

76892

On July 1 of each fiscal year, or as soon as possible	76893
thereafter, the Director of Budget and Management may transfer up	76894
to $13,029,952 in cash in fiscal year 2012, and up to $~~13,242,762~~	76895
11,242,762 in cash in fiscal year 2013 from the General Revenue	76896
Fund to the Auto Emissions Test Fund (Fund 5BY0) for the operation	76897
and oversight of the auto emissions testing program.	76898

AREAWIDE PLANNING AGENCIES

76899

The Director of Environmental Protection Agency may award	76900
grants from appropriation item 715687, Areawide Planning Agencies,	76901
to areawide planning agencies engaged in areawide water quality	76902
management and planning activities in accordance with Section 208	76903
of the "Federal Clean Water Act," 33 U.S.C. 1288.	76904

CORRECTIVE CASH TRANSFERS

76905

On July 1, 2011, or as soon as possible thereafter, the	76906
Director of Budget and Management shall transfer $376,891.85 in	76907
cash that was mistakenly deposited in the Clean Air Non Title V	76908
Fund (Fund 4K20) to the Clean Air Title V Permit Fund (Fund 4T30).	76909

On July 1, 2011, or as soon as possible thereafter, the	76910
Director of Budget and Management shall transfer $133,026.63 in	76911
cash that was mistakenly deposited in the Scrap Tire Management	76912
Fund (Fund 4R50) to the Site Specific Cleanup Fund (Fund 5410).	76913

TRANSFER OF DIVISION OF RECYCLING AND LITTER PREVENTION

76914

On July 1, 2012, or as soon as possible thereafter, the	76915
Director of Budget and Management shall cancel any existing	76916
encumbrances against appropriation item 725618, Recycled	76917
Materials, and reestablish them against appropriation item 715618,	76918
Recycled State Materials. The reestablished encumbrance amounts	76919
are hereby appropriated.	76920

On July 1, 2012, or as soon as possible thereafter, the	76921
Director of Budget and Management shall cancel any existing	76922
encumbrances against appropriation item 725644, Litter Control and	76923
Recycling, and reestablish them against appropriation item 715646,	76924
Recycling and Litter Control. The reestablished encumbrance	76925
amounts are hereby appropriated.	76926

On July 1, 2012, or as soon as possible thereafter, the	76927
Director of Budget and Management shall cancel any existing	76928
encumbrances against appropriation item 725633, Scrap Tire	76929
Program, and reestablish them against appropriation item 715637,	76930
Scrap Tire Market Development. The reestablished encumbrance	76931
amounts are hereby appropriated.	76932

Sec. 283.10. ETC ETECH OHIO

76933

General Revenue Fund	76934

GRF	935401	Statehouse News Bureau	$	215,561	$	215,561	76935
GRF	935402	Ohio Government Telecommunications Services	$	702,089	$	~~702,089~~ 1,002,089	76936
GRF	935408	General Operations	$	1,251,789	$	1,254,193	76937
GRF	935409	Technology Operations	$	2,092,432	$	2,091,823	76938
GRF	935410	Content Development, Acquisition, and Distribution	$	2,607,094	$	2,607,094	76939
GRF	935411	Technology Integration and Professional Development	$	4,251,185	$	4,252,671	76940
GRF	935412	Information Technology	$	829,340	$	829,963	76941
TOTAL GRF General Revenue Fund			$	11,949,490	$	~~11,953,394~~ 12,253,394	76942

General Services Fund Group	76943

4F30	935603	Affiliate Services	$	50,000	$	50,000	76944
4T20	935605	Government Television/Telecommunications Operating	$	25,000	$	25,000	76945
TOTAL GSF General Services Fund Group			$	75,000	$	75,000	76946

State Special Revenue Fund Group	76947

4W90	935630	Telecommunity	$	25,000	$	25,000	76948
4X10	935634	Distance Learning	$	24,150	$	24,150	76949
5D40	935640	Conference/Special Purposes	$	2,100,000	$	2,100,000	76950
5FK0	935608	Media Services	$	637,601	$	637,956	76951
5JU0	935611	Information Technology Services	$	1,455,000	$	1,455,000	76952
5T30	935607	Gates Foundation Grants	$	200,000	$	171,112	76953
TOTAL SSR State Special Revenue Fund Group			$	4,441,751	$	4,413,218	76954
TOTAL ALL BUDGET FUND GROUPS			$	16,466,241	$	~~16,441,612~~ 16,741,612	76955

Sec. 285.10. ETH OHIO ETHICS COMMISSION

76957

General Revenue Fund	76958

GRF	146321		Operating Expenses		$	1,409,751		$	1,409,751		76959
TOTAL GRF General Revenue Fund					$	1,409,751		$	1,409,751		76960

General Services Fund Group	76961

4M60	146601	Operating Expenses	$	827,393	$	827,393	76962
TOTAL GSF General Services							76963
Fund Group			$	827,393	$	827,393	76964
TOTAL ALL BUDGET FUND GROUPS			$	2,237,144	$	2,237,144	76965

ETHICS COMMISSION CASINO-RELATED ACTIVITIES

76966

On July 1, 2011, or as soon as possible thereafter, an amount	76967
equal to the unexpended and unencumbered balance of appropriation	76968
item 146602, Casino Investigations, at the end of fiscal year 2011	76969
is hereby reappropriated to the same appropriation item for fiscal	76970
year 2012, to be used for the performance of the Ohio Ethics	76971
Commission's casino-related duties.	76972

On July 1, 2012, or as soon as possible thereafter, an amount	76973
equal to the unexpended, unencumbered balance of appropriation	76974
item 146602, Casino Investigations, at the end of fiscal year 2012	76975
is hereby reappropriated to the same appropriation item for fiscal	76976
year 2013, to be used for the performance of the Ohio Ethics	76977
Commission's casino-related duties.	76978

Sec. 287.10. EXP OHIO EXPOSITIONS COMMISSION

76979

General Revenue Fund	76980

GRF	723403	Junior Fair Subsidy	$	250,000	$	250,000	76981
GRF	723501	Construction Planning	$	0	$	1,000,000	76982
TOTAL GRF General Revenue Fund			$	250,000	$	~~250,000~~ 1,250,000	76983

State Special Revenue Fund Group	76984

4N20	723602	Ohio State Fair Harness Racing	$	400,000	$	400,000	76985
5060	723601	Operating Expenses	$	12,991,000	$	12,894,000	76986
TOTAL SSR State Special Revenue							76987
Fund Group			$	13,391,000	$	13,294,000	76988
TOTAL ALL BUDGET FUND GROUPS			$	13,641,000	$	~~13,544,000~~ 14,544,000	76989

STATE FAIR RESERVE

76990

The General Manager of the Expositions Commission may submit	76991
a request to the Controlling Board to use available amounts in the	76992
State Fair Reserve Fund (Fund 6400) if the following conditions	76993
apply:	76994

(A) Admissions receipts for the 2011 or 2012 Ohio State Fair	76995
are less than $1,982,000 because of inclement weather or	76996
extraordinary circumstances;	76997

(B) The Ohio Expositions Commission declares a state of	76998
fiscal exigency; and	76999

(C) The request contains a plan describing how the	77000
Expositions Commission will eliminate the cash shortage causing	77001
the request.	77002

The amount approved by the Controlling Board is hereby	77003
appropriated.	77004

CONSTRUCTION PLANNING

77005

The foregoing GRF appropriation item 723501, Construction	77006
Planning, shall be used for acquiring purchased services for new	77007
and renovated facility planning, including but not limited to	77008
necessary architectural engineering, and land or facility use	77009
consulting services.	77010

Sec. 291.10. DOH DEPARTMENT OF HEALTH

77011

General Revenue Fund	77012

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	77013
GRF	440413	Local Health Department Support	$	2,302,788	$	2,303,061	77014
GRF	440416	Mothers and Children Safety Net Services	$	4,227,842	$	4,228,015	77015
GRF	440418	Immunizations	$	6,430,538	$	~~8,930,829~~ 8,825,829	77016
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	77017
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	77018
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	77019
GRF	440451	Public Health Laboratory	$	3,654,348	$	3,655,449	77020
GRF	440452	Child and Family Health Services Match	$	630,390	$	630,444	77021
GRF	440453	Health Care Quality Assurance	$	8,170,694	$	8,174,361	77022
GRF	440454	Local Environmental Health	$	1,310,141	$	~~1,310,362~~ 1,194,634	77023
GRF	440459	Help Me Grow	$	33,673,545	$	33,673,987	77024
GRF	440465	Federally Qualified Health Centers	$	458,688	$	2,686,688	77025
GRF	440467	Access to Dental Care	$	540,484	$	540,484	77026
GRF	440468	Chronic Disease and Injury Prevention	$	2,577,251	$	~~2,577,251~~ 2,447,251	77027
GRF	440472	Alcohol Testing	$	550,000	$	1,100,000	77028
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	77029
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	77030
TOTAL GRF General Revenue Fund			$	80,787,432	$	~~86,071,654~~ 85,720,926	77031

State Highway Safety Fund Group	77032

4T40	440603	Child Highway Safety	$	233,894	$	233,894	77033
TOTAL HSF State Highway Safety							77034
Fund Group			$	233,894	$	233,894	77035

General Services Fund Group	77036

1420	440646	Agency Health Services	$	8,825,788	$	8,826,146	77037
2110	440613	Central Support Indirect Costs	$	28,900,000	$	29,000,000	77038
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	77039
5HB0	440470	Breast and Cervical Cancer Screening	$	1,000,000	$	0	77040
6830	440633	Employee Assistance Program	$	1,100,000	$	1,100,000	77041
6980	440634	Nurse Aide Training	$	99,239	$	99,265	77042
TOTAL GSF General Services							77043
Fund Group			$	44,925,027	$	44,025,411	77044

Federal Special Revenue Fund Group	77045

3200	440601	Maternal Child Health Block Grant	$	27,068,886	$	27,068,886	77046
3870	440602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	77047
3890	440604	Women, Infants, and Children	$	308,672,689	$	308,672,689	77048
3910	440606	Medicaid/Medicare	$	29,625,467	$	29,257,457	77049
3920	440618	Federal Public Health Programs	$	137,976,988	$	137,976,988	77050
TOTAL FED Federal Special Revenue							77051
Fund Group			$	511,170,689	$	510,802,679	77052

State Special Revenue Fund Group	77053

4700	440647	Fee Supported Programs	$	24,503,065	$	~~24,513,973~~ 24,263,973	77054
4710	440619	Certificate of Need	$	878,145	$	878,433	77055
4770	440627	Medically Handicapped Children Audit	$	3,692,704	$	3,692,703	77056
4D60	440608	Genetics Services	$	3,310,953	$	3,311,039	77057
4F90	440610	Sickle Cell Disease Control	$	1,032,754	$	1,032,824	77058
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	77059
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	77060
4L30	440609	Miscellaneous Expenses	$	3,333,164	$	3,333,164	77061
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	77062
4V60	440641	Save Our Sight	$	2,255,760	$	2,255,789	77063
5B50	440616	Quality, Monitoring, and Inspection	$	878,638	$	878,997	77064
5C00	440615	Alcohol Testing and Permit	$	551,018	$	0	77065
5CN0	440645	Choose Life	$	75,000	$	75,000	77066
5D60	440620	Second Chance Trust	$	1,151,815	$	1,151,902	77067
5ED0	440651	Smoke Free Indoor Air	$	190,452	$	190,452	77068
5G40	440639	Adoption Services	$	20,000	$	20,000	77069
5L10	440623	Nursing Facility Technical Assistance Program	$	687,500	$	687,528	77070
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	77071
6100	440626	Radiation Emergency Response	$	930,525	$	930,576	77072
6660	440607	Medically Handicapped Children - County Assessments	$	19,738,286	$	19,739,617	77073
TOTAL SSR State Special Revenue							77074
Fund Group			$	63,856,649	$	~~63,318,867~~ 63,068,867	77075

Holding Account Redistribution Fund Group	77076

R014	440631	Vital Statistics	$	44,986	$	44,986	77077
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	77078
TOTAL 090 Holding Account							77079
Redistribution Fund Group			$	64,986	$	64,986	77080

Tobacco Master Settlement Agreement Fund Group	77081

5BX0	440656	Tobacco Use Prevention	$	1,000,000	$	1,000,000	77082
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,000,000	$	1,000,000	77083
TOTAL ALL BUDGET FUND GROUPS			$	702,038,677	$	~~705,517,491~~ 704,916,763	77084

Sec. 305.10. IGO OFFICE OF THE INSPECTOR GENERAL

77086

General Revenue Fund	77087

GRF	965321		Operating Expenses		$	1,124,663		$	1,125,598		77088
TOTAL GRF General Revenue Fund					$	1,124,663		$	1,125,598		77089

General Services Fund Group	77090

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	77091
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	77092
5GI0	965605	Deputy Inspector General for ARRA	$	520,837	$	521,535	77093
TOTAL GSF General Services Fund Group			$	1,345,837	$	1,346,535	77094
TOTAL ALL BUDGET FUND GROUPS			$	2,470,500	$	2,472,133	77095

IGO CASINO-RELATED ACTIVITIES

77096

On July 1, 2011, or as soon as possible thereafter, an amount	77097
equal to the unexpended, unencumbered balance of appropriation	77098
item 965609, Casino Investigations, at the end of fiscal year 2011	77099
is hereby reappropriated to the same appropriation item for fiscal	77100
year 2012, to be used for the performance of the Inspector	77101
General's casino-related duties.	77102

On July 1, 2012, or as soon as possible thereafter, an amount	77103
equal to the unexpended, unencumbered balance of appropriation	77104
item 965609, Casino Investigations, at the end of fiscal year 2012	77105
is hereby reappropriated to the same appropriation item for fiscal	77106
year 2013, to be used for the performance of the Inspector	77107
General's casino-related duties.	77108

DEPUTY INSPECTOR GENERAL FOR FUNDS RECEIVED THROUGH THE	77109
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009	77110

On July 1, 2011, and on January 1, 2012, or as soon as	77111
possible thereafter, the Director of Budget and Management shall	77112
transfer $225,000 in cash, for each period, from the General	77113
Revenue Fund to the Deputy Inspector General for Funds Received	77114
through the American Recovery and Reinvestment Act of 2009 Fund	77115
(Fund 5GI0), which is created in section 121.53 of the Revised	77116
Code.	77117

On July 1, 2012, and on January 1, 2013, or as soon as	77118
possible thereafter, the Director of Budget and Management shall	77119
transfer $225,000 in cash, for each period, from the General	77120
Revenue Fund to the Deputy Inspector General for Funds Received	77121
through the American Recovery and Reinvestment Act of 2009 Fund	77122
(Fund 5GI0).	77123

Sec. 307.10. INS DEPARTMENT OF INSURANCE

77124

Federal Special Revenue Fund Group	77125

3EV0	820610	Health Insurance Premium Review	$	1,000,000	$	1,000,000	77126
3EW0	820611	Health Exchange Planning	$	1,000,000	$	1,000,000	77127
3U50	820602	OSHIIP Operating Grant	$	2,270,726	$	2,270,725	77128
TOTAL FED Federal Special							77129
Revenue Fund Group			$	4,270,726	$	4,270,725	77130

State Special Revenue Fund Group	77131

5540	820601	Operating Expenses - OSHIIP	$	190,000	$	180,000	77132
5540	820606	Operating Expenses	$	22,745,538	$	~~22,288,550~~ 22,931,817	77133
5550	820605	Examination	$	9,065,684	$	~~8,934,065~~ 8,184,065	77134
TOTAL SSR State Special Revenue							77135
Fund Group			$	32,001,222	$	~~31,402,615~~ 31,295,882	77136
TOTAL ALL BUDGET FUND GROUPS			$	36,271,948	$	~~35,673,340~~ 35,566,607	77137

MARKET CONDUCT EXAMINATION

77138

When conducting a market conduct examination of any insurer	77139
doing business in this state, the Superintendent of Insurance may	77140
assess the costs of the examination against the insurer. The	77141
superintendent may enter into consent agreements to impose	77142
administrative assessments or fines for conduct discovered that	77143
may be violations of statutes or rules administered by the	77144
superintendent. All costs, assessments, or fines collected shall	77145
be deposited to the credit of the Department of Insurance	77146
Operating Fund (Fund 5540).	77147

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

77148

The Director of Budget and Management, at the request of the	77149
Superintendent of Insurance, may transfer funds from the	77150
Department of Insurance Operating Fund (Fund 5540), established by	77151
section 3901.021 of the Revised Code, to the Superintendent's	77152
Examination Fund (Fund 5550), established by section 3901.071 of	77153
the Revised Code, only for expenses incurred in examining domestic	77154
fraternal benefit societies as required by section 3921.28 of the	77155
Revised Code.	77156

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

77157

Not later than the thirty-first day of July each fiscal year,	77158
the Director of Budget and Management shall transfer $5,000,000	77159
from the Department of Insurance Operating Fund (Fund 5540) to the	77160
General Revenue Fund.	77161

Sec. 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

77162

General Revenue Fund	77163

GRF	600321	Program Support ~~Services~~					77164
		State	$	34,801,760	$	~~31,932,117~~ 31,612,796	77165
		Federal	$	9,322,222	$	~~9,207,441~~ 9,115,366	77166
		Program Support ~~Services~~ Total	$	44,123,982	$	~~41,139,558~~ 40,728,162	77167
GRF	600410	TANF State/Maintenance of Effort	$	151,386,934	$	151,386,934	77168
GRF	600413	Child Care ~~Match~~ State/Maintenance of Effort	$	84,732,730	$	84,732,730	77169
GRF	600416	~~Computer~~ Information Technology Projects					77170
		State	$	67,955,340	$	~~69,263,506~~ 68,570,871	77171
		Federal	$	13,105,167	$	~~12,937,222~~ 12,807,850	77172
		~~Computer~~ Information Technology Projects Total	$	81,060,507	$	~~82,200,728~~ 81,378,721	77173
GRF	600417	Medicaid Provider Audits	$	1,312,992	$	~~1,312,992~~ 1,299,862	77174
GRF	600420	Child Support ~~Administration~~ Programs	$	6,163,534	$	~~6,065,588~~ 6,004,932	77175
GRF	600421	~~Office of~~ Family ~~Stability~~ Assistance Programs	$	3,768,929	$	~~3,757,493~~ 3,719,918	77176
GRF	600423	~~Office of Children and~~ Families and Children Programs	$	5,123,406	$	4,978,756	77177
GRF	600425	~~Office of Ohio~~ Health ~~Plans~~ Care Programs					77178
		State	$	13,149,582	$	~~15,740,987~~ 15,583,577	77179
		Federal	$	12,556,921	$	~~12,286,234~~ 12,163,372	77180
		~~Office of Ohio~~ Health ~~Plans~~ Care Programs Total	$	25,706,503	$	~~28,027,221~~ 27,746,949	77181
GRF	600502	~~Administration~~ Child Support - Local	$	23,814,103	$	23,814,103	77182
GRF	600511	Disability Financial Assistance	$	26,599,666	$	27,108,734	77183
GRF	600521	~~Entitlement Administration~~ Family Assistance - Local	$	72,200,721	$	72,200,721	77184
GRF	600523	Family and Children ~~and Families~~ Services	$	~~53,605,323~~ 52,605,323	$	~~53,105,323~~ 54,105,323	77185
GRF	600525	Health Care/Medicaid					77186
		State	$	4,313,761,372	$	~~4,689,051,017~~ 4,689,701,017	77187
		Federal	$	7,530,008,024	$	~~8,429,762,527~~ 8,430,897,261	77188
		Health Care Total	$	11,843,769,396	$	~~13,118,813,544~~ 13,120,598,278	77189
GRF	600526	Medicare Part D	$	277,996,490	$	296,964,743	77190
GRF	600528	Adoption Services					77191
		State	$	29,257,932	$	29,257,932	77192
		Federal	$	41,085,169	$	41,085,169	77193
		Adoption Services Total	$	70,343,101	$	70,343,101	77194
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	77195
GRF	600534	Adult Protective Services	$	366,003	$	366,003	77196
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	77197
GRF	600537	Children's Hospital	$	6,000,000	$	6,000,000	77198
GRF	600540	Second Harvest Food Banks	$	4,000,000	$	4,000,000	77199
GRF	600541	Kinship Permanency Incentive Program	$	2,500,000	$	3,500,000	77200
TOTAL GRF General Revenue Fund							77201
		State	$	~~5,315,593,291~~ 5,314,593,291	$	~~5,711,636,153~~ 5,712,005,426	77202
		Federal	$	7,606,077,503	$	~~8,505,278,593~~ 8,506,069,018	77203
		GRF Total	$	~~12,921,670,794~~ 12,920,670,794	$	~~14,216,914,746~~ 14,218,074,444	77204

General Services Fund Group	77205

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	77206
5C90	600671	Medicaid Program Support	$	85,800,878	$	~~82,839,266~~ 0	77207
5DL0	600639	~~Medicaid Revenue and Collections~~ Health Care/Medicaid Support - Recoveries	$	89,256,974	$	~~84,156,974~~ 166,996,240	77208
5DM0	600633	Administration & Operating	$	20,392,173	$	~~19,858,928~~ 19,660,339	77209
5FX0	600638	Medicaid Payment Withholding	$	5,000,000	$	6,000,000	77210
5HL0	600602	State and County Shared services	$	3,020,000	$	3,020,000	77211
5P50	600692	~~Prescription Drug Rebate - State~~ Health Care/Medicaid Support - Drug Rebates	$	220,600,000	$	242,600,000	77212
6130	600645	Training Activities	$	500,000	$	500,000	77213
TOTAL GSF General Services							77214
Fund Group			$	458,570,025	$	~~472,975,168~~ 472,776,579	77215

Federal Special Revenue Fund Group	77216

3270	600606	Child Welfare	$	29,769,865	$	29,769,866	77217
3310	600615	Veterans Programs	$	0	$	8,000,000	77218
3310	600624	Employment Services Programs	$	0	$	33,943,023	77219
3310	600686	~~Federal Operating~~ Workforce Programs	$	49,128,140	$	~~48,203,023~~ 6,260,000	77220
3840	600610	Food Assistance ~~and State Administration~~ Programs	$	180,381,394	$	180,381,394	77221
3850	600614	Refugee Services	$	11,582,440	$	12,564,952	77222
3950	600616	~~Special Activities/Child and Family Services~~ Federal Discretionary Grants	$	2,259,264	$	2,259,264	77223
3960	600620	Social Services Block Grant	$	64,999,999	$	64,999,998	77224
3970	600626	Child Support - Federal	$	255,812,837	$	255,813,528	77225
3980	600627	Adoption ~~Maintenance/ Administration~~ Program - Federal	$	352,183,862	$	~~352,184,253~~ 174,178,779	77226
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	77227
3AW0	600675	Faith Based Initiatives	$	544,140	$	544,140	77228
3D30	600648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	77229
3ER0	600603	Health Information Technology	$	411,661,286	$	416,395,286	77230
3F00	600623	Health Care Federal	$	2,637,061,505	$	2,720,724,869	77231
3F00	600650	Hospital Care Assurance ~~Match~~ - Federal	$	372,784,046	$	380,645,627	77232
3FA0	600680	~~Ohio~~ Health Care Grants - Federal	$	9,405,000	$	20,000,000	77233
3G50	600655	Interagency Reimbursement	$	1,621,305,787	$	1,380,391,478	77234
3H70	600617	Child Care Federal	$	208,290,036	$	204,813,731	77235
3N00	600628	~~IV-E~~ Foster Care ~~Maintenance~~ Program - Federal	$	133,963,142	$	~~133,963,142~~ 311,968,616	77236
3S50	600622	Child Support Projects	$	534,050	$	534,050	77237
3V00	600688	Workforce Investment Act Programs	$	176,496,250	$	172,805,562	77238
3V40	600678	Federal Unemployment Programs	$	188,680,096	$	186,723,415	77239
3V40	600679	~~Unemployment Compensation~~ UC Review Commission - Federal	$	4,166,988	$	4,068,758	77240
3V60	600689	TANF Block Grant	$	727,968,260	$	727,968,260	77241
TOTAL FED Federal Special Revenue							77242
Fund Group			$	7,446,018,911	$	7,302,795,120	77243

State Special Revenue Fund Group	77244

1980	600647	Children's Trust Fund	$	5,873,637	$	5,873,848	77245
4A90	600607	Unemployment Compensation Administration Fund	$	21,924,998	$	21,424,998	77246
4A90	600694	~~Unemployment Compensation~~ UC Review Commission - SAF	$	2,173,167	$	2,117,031	77247
4E30	600605	~~Nursing Home Assessments~~ Resident Protection Fund	$	2,878,320	$	2,878,319	77248
4E70	600604	~~Child and~~ Family and Children Services Collections	$	400,000	$	400,000	77249
4F10	600609	Family and Children ~~and Family Services~~ Activities	$	683,359	$	683,549	77250
4K10	600621	~~ICF/MR Bed Assessments~~ DDD Support - Franchise Fee	$	41,405,596	$	44,372,874	77251
4Z10	600625	HealthCare Compliance	$	11,551,076	$	14,582,000	77252
5AJ0	600631	Money Follows the Person	$	5,483,080	$	4,733,080	77253
5DB0	600637	Military Injury ~~Grants~~ Relief Subsidies	$	2,000,000	$	2,000,000	77254
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	77255
5ES0	600630	Food Bank Assistance	$	500,000	$	500,000	77256
5GF0	600656	~~Medicaid~~ Health Care/Medicaid Support - Hospital/UPL	$	436,000,000	$	436,000,000	77257
5KC0	600682	Health Care ~~Special Activities~~ Grants - State	$	10,000,000	$	10,000,000	77258
5KU0	600611	Unemployment Compensation Support - Other Sources	$	2,000,000	$	4,000,000	77259
5R20	600608	~~Medicaid-Nursing Facilities~~ Long-Term Care Support	$	402,489,308	$	407,100,746	77260
5S30	600629	~~MR/DD Medicaid Administration~~ Health Care Program and ~~Oversight~~ DDD Support	$	9,252,738	$	9,147,791	77261
5U30	600654	Health Care ~~Services Administration~~ Program Support	$	24,400,000	$	~~24,400,000~~ 24,156,000	77262
5U60	600663	~~Children~~ Family and ~~Family~~ Children Support	$	4,000,000	$	4,000,000	77263
6510	600649	Hospital Care Assurance Program Fund	$	212,526,123	$	217,008,050	77264
TOTAL SSR State Special Revenue							77265
Fund Group			$	~~1,194,041,402~~ 1,196,041,402	$	~~1,207,722,286~~ 1,211,478,286	77266

Agency Fund Group	77267

1920	600646	Child Support Intercept - Federal	$	130,000,000	$	~~130,000,000~~ 129,250,000	77268
5830	600642	Child Support Intercept - State	$	16,000,000	$	~~16,000,000~~ 14,000,000	77269
5B60	600601	Food Assistance Intercept	$	2,000,000	$	~~2,000,000~~ 1,000,000	77270
TOTAL AGY Agency Fund Group			$	148,000,000	$	~~148,000,000~~ 144,250,000	77271

Holding Account Redistribution Fund Group	77272

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	77273
R013	600644	Forgery Collections	$	10,000	$	10,000	77274
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	77275
TOTAL ALL BUDGET FUND GROUPS			$	~~22,170,511,132~~ 22,171,511,132	$	~~23,350,617,320~~ 23,351,584,429	77276

Sec. 309.30.10. HEALTH CARE/MEDICAID

77278

The foregoing appropriation item 600525, Health	77279
Care/Medicaid, shall not be limited by section 131.33 of the	77280
Revised Code.	77281

HEALTH CARE/MEDICAID ENDING BALANCE

77282

Thirty million dollars of the unexpended and unencumbered	77283
portion of appropriation item 600525, Health Care/Medicaid, at the	77284
end of fiscal year 2012 is hereby reappropriated to the Department	77285
of Job and Family Services for payments to nursing facilities for	77286
fiscal year 2013 in accordance with the section of this act titled	77287
"FISCAL YEAR 2013 QUALITY BONUS PAYMENTS TO NURSING FACILITIES."	77288

Sec. 309.30.30. REDUCTION IN MEDICAID PAYMENT RATES

77289

(A) As used in this section, "charge high trim point" means a	77290
measure, excluding the measure established by paragraph (A)(6) of	77291
rule 5101:3-2-07.9 of the Administrative Code, used to determine	77292
whether a claim for a hospital inpatient service qualifies for a	77293
cost outlier payment under the Medicaid program.	77294

(B) For fiscal year 2012 and fiscal year 2013, the Director	77295
of Job and Family Services shall implement purchasing strategies	77296
and rate reductions for hospital and other Medicaid-covered	77297
services, as determined by the Director, that result in payment	77298
rates for those services being at least two per cent less than the	77299
respective payment rates for fiscal year 2011. In implementing the	77300
purchasing strategies and rate reductions, the Director shall do	77301
the following:	77302

(1) Notwithstanding the section of ~~this act~~Am. Sub. H.B. 153	77303
of the 129th General Assembly titled "CONTINUATION OF MEDICAID	77304
RATES FOR HOSPITAL INPATIENT AND OUTPATIENT SERVICES," modernize	77305
hospital inpatient and outpatient reimbursement methodologies by	77306
doing the following:	77307

(a) Modifying the inpatient hospital capital reimbursement	77308
methodology;	77309

(b) Establishing new diagnosis-related groups in a	77310
cost-neutral manner;	77311

(c) For hospital discharges that occur during the period	77312
beginning October 1, 2011, and ending January 1, 2012, modifying	77313
charge high trim points, as in effect on January 1, 2011, by a	77314
factor of 13.6%;	77315

(d) For hospital discharges that occur during the period	77316
beginning January 1, 2012, and ending on the effective date of the	77317
first of the new diagnosis-related groups established under	77318
division (B)(1)(b) of this section, modifying charge high trim	77319
points, as in effect on October 1, 2011, by a factor of 9.72%;	77320

(e) Implementing other changes the Director considers	77321
appropriate.	77322

(2) Establish selective contracting and prior authorization	77323
requirements for types of medical assistance the Director	77324
identifies.	77325

(C) The Director shall adopt rules under ~~section~~sections	77326
5111.02 and 5111.85 of the Revised Code as necessary to implement	77327
this section. The rules adopted to implement divisions (B)(1)(a),	77328
(b), and (e) of this section shall include quality factors and	77329
quality-based incentive payments.	77330

(D) This section does not apply to nursing facility and	77331
intermediate care facility for the mentally retarded services	77332
provided under the Medicaid program.	77333

Sec. 309.30.33. HOSPITAL INPATIENT AND OUTPATIENT	77334
SUPPLEMENTAL UPPER PAYMENT LIMIT PROGRAM; MEDICAID MANAGED CARE	77335
HOSPITAL INCENTIVE PAYMENT PROGRAM	77336

(A) As used in this section:

77337

(1) "Hospital" has the same meaning as in section 5112.40 of	77338
the Revised Code.	77339

(2) "Hospital Assessment Fund" means the fund created under	77340
section 5112.45 of the Revised Code.	77341

(3) "Medicaid managed care organization" means an entity	77342
under contract pursuant to section 5111.17 of the Revised Code to	77343
provide or arrange services for Medicaid recipients who are	77344
required or permitted to participate in the Medicaid care	77345
management system.	77346

(B) The Department of Job and Family Services shall submit to	77347
the United States Secretary of Health and Human Services a	77348
Medicaid state plan amendment to do both of the following:	77349

(1) Continue the Hospital Inpatient and Outpatient	77350
Supplemental Upper Payment Limit Program that was established	77351
pursuant to Section 309.30.17 of Am. Sub. H.B. 1 of the 128th	77352
General Assembly, with any modifications necessary to implement	77353
the program as described under division (D) of this section;	77354

(2) Create the Medicaid Managed Care Hospital Incentive	77355
Payment Program, as described under division (E) of this section.	77356

(C) Of the amounts deposited into the Hospital Assessment	77357
Fund in fiscal year 2012 and fiscal year 2013:	77358

(1) Up to $432,432,725 (state and federal) in fiscal year	77359
2012 and up to $415,162,388 (state and federal) in fiscal year	77360
2013 shall be used for the Hospital Inpatient and Outpatient	77361
Supplemental Upper Payment Limit Program;	77362

(2) Up to $162,000,000 (state and federal) in each fiscal	77363
year shall be used for the Medicaid Managed Care Hospital	77364
Incentive Payment Program;	77365

(3) Up to $176,021,111 (state and federal) in fiscal year	77366
2012 and up to $195,158,394 (state and federal) in fiscal year	77367
2013 shall be used for the program authorized by the section of	77368
~~this act~~Am. Sub. H.B. 153 of the 129th General Assembly titled	77369
"CONTINUATION OF MEDICAID RATES FOR HOSPITAL INPATIENT AND	77370
OUTPATIENT SERVICES."	77371

(D)(1) If the Medicaid state plan amendment submitted under	77372
division (B)(1) of this section is approved, the Department shall	77373
implement the Hospital Inpatient and Outpatient Supplemental Upper	77374
Payment Limit Program during fiscal year 2012 and fiscal year	77375
2013. Under the Program, subject to division (D)(2) of this	77376
section, supplemental Medicaid payments shall be made to hospitals	77377
for Medicaid-covered inpatient and outpatient services. The	77378
Department shall make the payments through amounts that are made	77379
available for the Program under division (C) of this section and	77380
any federal financial participation available for the Program.	77381

(2) The Department shall take all actions necessary to cease	77382
implementation of the Program if the United States Secretary	77383
determines that the assessment imposed under section 5112.41 of	77384
the Revised Code is an impermissible healthcare-related tax under	77385
section 1903(w) of the "Social Security Act," 105 Stat. 1793	77386
(1991), 42 U.S.C. 1396b(w), as amended.	77387

(E)(1) If the Medicaid state plan amendment submitted under	77388
division (B)(2) of this section is approved, the Department shall	77389
implement the Medicaid Managed Care Hospital Incentive Payment	77390
Program. The purpose of the Program is to increase access to	77391
hospital services for Medicaid recipients who are enrolled in	77392
Medicaid managed care organizations.	77393

Under the Program, subject to division (E)(3) of this	77394
section, funds shall be provided to Medicaid managed care	77395
organizations, which shall use the funds to increase payments to	77396
hospitals for providing services to Medicaid recipients who are	77397
enrolled in the organizations. The Department shall provide the	77398
funds through amounts that are made available for the Program	77399
under division (C) of this section and any federal financial	77400
participation available for the Program.	77401

(2) Not later than July 1, 2012, the Department shall select	77402
an actuary to conduct a study of the contracted reimbursement	77403
rates between Medicaid managed care organizations and hospitals.	77404
The actuary shall determine if a reduction in the capitation rates	77405
paid to Medicaid managed care organizations in fiscal year 2013 is	77406
appropriate as a result of the contracted reimbursement rates	77407
between the organizations and hospitals. The actuary shall notify	77408
the Department of its determination.	77409

If the actuary determines that a reduction in the capitation	77410
rates paid to Medicaid managed care organizations in fiscal year	77411
2013 will not achieve $22 million in state savings in fiscal year	77412
2013, the state shall receive the difference between what the	77413
actuary determines the state will save and $22 million. The	77414
Department, in consultation with the Ohio Association of Health	77415
Plans and the Ohio Hospital Association, shall establish a	77416
methodology under which the difference is paid equally by Medicaid	77417
managed care organizations and hospitals in this state.	77418

Notwithstanding anything to the contrary specified in	77419
division (E)(3)(b) or (c) of this section, the Medicaid managed	77420
care organizations and hospitals shall pay the amounts determined	77421
under the methodology, unless the Department waives the	77422
requirement to make the payments. The requirement may be waived if	77423
spending for the Medicaid program in fiscal year 2013 is less than	77424
the amount that is budgeted for that fiscal year. If payments are	77425
made, the amount received by the Department shall be deposited	77426
into the state treasury to the credit of the Health Care	77427
Compliance Fund created under section ~~5111.171~~5111.946 of the	77428
Revised Code.	77429

(3)(a) The Department shall not provide funds to Medicaid	77430
managed care organizations under the Program unless an actuary	77431
selected by the Department certifies that the Program would not	77432
violate the actuarial soundness of the capitation rates paid to	77433
Medicaid managed care organizations.	77434

(b) The Department shall not implement the Program in a	77435
manner that causes a hospital to receive less money from the	77436
Hospital Assessment Fund than the hospital would have received if	77437
the Program were not implemented.	77438

(c) The Department shall not implement the Program in a	77439
manner that causes a Medicaid managed care organization to receive	77440
a lower capitation payment rate solely because funds are made	77441
available to the organization under the Program.	77442

(d) The Department shall take all necessary actions to cease	77443
implementation of the Program if the United States Secretary	77444
determines that the assessment imposed under section 5112.41 of	77445
the Revised Code is an impermissible healthcare-related tax under	77446
section 1903(w) of the "Social Security Act," 105 Stat. 1793	77447
(1991), 42 U.S.C. 1396b(w), as amended.	77448

(F) The Director of Budget and Management may authorize	77449
additional expenditures from appropriation item 600623, Health	77450
Care Federal, appropriation item 600525, Health Care/Medicaid, and	77451
appropriation item 600656, Medicaid-Hospital, in order to	77452
implement the programs authorized by this section and to implement	77453
the section of ~~this act~~Am. Sub. H.B. 153 of the 129th General	77454
Assembly titled "CONTINUATION OF MEDICAID RATES FOR HOSPITAL	77455
INPATIENT AND OUTPATIENT SERVICES." Any amounts authorized are	77456
hereby appropriated.	77457

(G) Nothing in this section reduces payments to children's	77458
hospitals authorized under the section of ~~this act~~Am. Sub. H.B.	77459
153 of the 129th General Assembly titled "CHILDREN'S HOSPITALS	77460
SUPPLEMENTAL FUNDING."	77461

Sec. 309.30.53. MEDICAID MANAGED CARE EXEMPTIONS

77462

(A) As used in this section, "disabled individual" means any	77463
individual receiving services through the program for medically	77464
handicapped children established under section 3701.023 of the	77465
Revised Code who has one or more of the following conditions:	77466

(1) Cystic fibrosis;

77467

(2) Hemophilia;

77468

(3) Cancer.

77469

(B) Notwithstanding section 5111.16 of the Revised Code, as	77470
amended by ~~this act~~Am. Sub. H.B. 153 of the 129th General	77471
Assembly, the Department of Job and Family Services shall not	77472
include in the care management system established under that	77473
section ~~in either fiscal year 2012 or fiscal year 2013 any~~	77474
~~individual receiving services through the program for medically~~	77475
~~handicapped children established under section 3701.023 of the~~	77476
~~Revised Code who has one or more of the following conditions and~~	77477
~~who was not receiving services through the care management system~~	77478
~~immediately before the effective date of this section:~~	77479

~~(1) Cystic fibrosis;~~

77480

~~(2) Hemophilia;~~

77481

~~(3) Cancer~~any disabled individual who was not receiving	77482
services through the care management system immediately before	77483
June 30, 2011, until the later of the following:	77484

(1) January 1, 2014;

77485

(2) One year after the date that the Department first	77486
designates any individual who receives Medicaid on the basis of	77487
being aged, blind, or disabled who is under twenty-one years of	77488
age as an individual who is permitted or required to participate	77489
in the care management system.	77490

Sec. 309.30.73. JOINT LEGISLATIVE COMMITTEE FOR UNIFIED	77491
LONG-TERM SERVICES AND SUPPORTS	77492

(A) There is hereby created the Joint Legislative Committee	77493
for Unified Long-Term Services and Supports. The Committee shall	77494
consist of the following members:	77495

(1) Two members of the House of Representatives from the	77496
majority party, appointed by the Speaker of the House of	77497
Representatives;	77498

(2) One member of the House of Representatives from the	77499
minority party, appointed by the Speaker of the House of	77500
Representatives;	77501

(3) Two members of the Senate from the majority party,	77502
appointed by the President of the Senate;	77503

(4) One member of the Senate from the minority party,	77504
appointed by the President of the Senate.	77505

(B) The Speaker of the House of Representatives shall	77506
designate one of the members of the Committee appointed under	77507
division (A)(1) of this section to serve as co-chairperson of the	77508
Committee. The President of the Senate shall designate one of the	77509
members of the Committee appointed under division (A)(3) of this	77510
section to serve as the other co-chairperson of the Committee. The	77511
Committee shall meet at the call of the co-chairpersons. The	77512
co-chairpersons may request assistance for the Committee from the	77513
Legislative Service Commission.	77514

77515

(1) The implementation of the dual eligible integrated care	77516
demonstration project authorized by section 5111.981 of the	77517
Revised Code;	77518

(2) The implementation of a unified long-term services and	77519
support Medicaid waiver component under section 5111.864 of the	77520
Revised Code;	77521

(3) Providing consumers choices regarding a continuum of	77522
services that meet their health-care needs, promote autonomy and	77523
independence, and improve quality of life;	77524

(4) Ensuring that long-term care services and supports are	77525
delivered in a cost-effective and quality manner;	77526

(5) Subjecting county homes, county nursing homes, and	77527
district homes operated pursuant to Chapter 5155. of the Revised	77528
Code to the franchise permit fee under sections 3721.50 to 3721.58	77529
of the Revised Code;	77530

(6) Other issues of interest to the committee.

77531

(D) The co-chairpersons of the Committee shall provide for	77532
the Medical Assistance Director ~~of the Office of Ohio Health Plans~~	77533
~~in the Department of Job and Family Services~~ to testify before the	77534
Committee not later than September 30, 2011, and at least	77535
quarterly thereafter regarding the issues that the Committee	77536
examines.	77537

Sec. 309.35.73. HEALTHCARE COMPLIANCE APPROPRIATION

77538

Notwithstanding the provisions of section ~~5111.171~~5111.946	77539
of the Revised Code specifying the uses of the ~~HealthCare~~Health	77540
Care Compliance Fund, appropriations in appropriation item 600625,	77541
HealthCare Compliance, may be used for expenses incurred in	77542
implementation or operation of Health Home programs, contracts for	77543
consultants regarding Medicaid, and for the creation,	77544
modification, or replacement of any federally funded Medicaid	77545
healthcare systems in fiscal year 2012 and fiscal year 2013.	77546

Sec. 309.60.20. UNEMPLOYMENT COMPENSATION INTEREST	77547
CONTINGENCY FUND	77548

The General Health and Human Service Pass-Through Fund (Fund	77549
5HC0) is hereby renamed the Unemployment Compensation Interest	77550
Contingency Fund. On July 1, 2011, or as soon as possible	77551
thereafter, the Director of Budget and Management shall transfer	77552
$23,000,000 cash from the Child and Adult Protective Services Fund	77553
(Fund 5GV0), used by the Department of Job and Family Services, to	77554
the Unemployment Compensation Interest Contingency Fund (Fund	77555
5HC0). ~~The~~	77556

Notwithstanding any provision of law to the contrary, in	77557
fiscal year 2013, the Director of Budget and Management may	77558
transfer up to $25,000,000 cash from the General Revenue Fund to	77559
Fund 5HC0.	77560

The Director of Budget and Management may seek Controlling	77561
Board approval to establish appropriations for payment of interest	77562
costs paid to the United States Secretary of the Treasury for the	77563
repayment of accrued interest related to federal unemployment	77564
account borrowing.	77565

Sec. 313.10. JCO JUDICIAL CONFERENCE OF OHIO

77566

General Revenue Fund	77567

GRF	018321		Operating Expenses		$	~~720,000~~ 801,000		$	~~720,000~~ 801,700		77568
TOTAL GRF General Revenue Fund					$	~~720,000~~ 801,000		$	~~720,000~~ 801,700		77569

General Services Fund Group	77570

4030	018601	Ohio Jury Instructions	$	350,000	$	350,000	77571
TOTAL GSF General Services Fund Group			$	350,000	$	350,000	77572
TOTAL ALL BUDGET FUND GROUPS			$	~~1,070,000~~ 1,151,000	$	~~1,070,000~~ 1,151,700	77573

STATE COUNCIL OF UNIFORM STATE LAWS

77574

Notwithstanding section 105.26 of the Revised Code, of the	77575
foregoing appropriation item 018321, Operating Expenses, up to	77576
$81,000 in fiscal year 2012 and up to $81,700 in fiscal year 2013	77577
shall be used to pay the expenses of the State Council of Uniform	77578
State Laws, including membership dues to the National Conference	77579
of Commissioners on Uniform State Laws.	77580

OHIO JURY INSTRUCTIONS FUND

77581

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	77582
grants, royalties, dues, conference fees, bequests, devises, and	77583
other gifts received for the purpose of supporting costs incurred	77584
by the Judicial Conference of Ohio in its activities as a part of	77585
the judicial system of the state as determined by the Judicial	77586
Conference Executive Committee. Fund 4030 shall be used by the	77587
Judicial Conference of Ohio to pay expenses incurred in its	77588
activities as a part of the judicial system of the state as	77589
determined by the Judicial Conference Executive Committee. All	77590
moneys accruing to Fund 4030 in excess of $350,000 in fiscal year	77591
2012 and in excess of $350,000 in fiscal year 2013 are hereby	77592
appropriated for the purposes authorized.	77593

No money in Fund 4030 shall be transferred to any other fund	77594
by the Director of Budget and Management or the Controlling Board.	77595

Sec. 315.10. JSC THE JUDICIARY/SUPREME COURT

77596

General Revenue Fund	77597

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	~~133,704,620~~ 132,347,507	$	~~132,565,410~~ 133,922,523	77598
GRF	005406	Law-Related Education	$	236,172	$	236,172	77599
GRF	005409	Ohio Courts Technology Initiative	$	2,150,000	$	2,150,000	77600
TOTAL GRF General Revenue Fund			$	~~136,090,792~~ 134,733,679	$	~~134,951,582~~ 136,308,695	77601

General Services Fund Group	77602

6720	005601		Continuing Judicial Education		$	172,142		$	169,420		77603
TOTAL GSF General Services Fund Group					$	172,142		$	169,420		77604

Federal Special Revenue Fund Group	77605

3J00	005603		Federal Grants		$	1,653,317		$	1,605,717		77606
TOTAL FED Federal Special Revenue Fund Group					$	1,653,317		$	1,605,717		77607

State Special Revenue Fund Group	77608

4C80	005605	Attorney Services	$	3,718,328	$	3,695,192	77609
5HT0	005617	Court Interpreter Certification	$	39,000	$	39,000	77610
5T80	005609	Grants and Awards	$	50,000	$	50,000	77611
6A80	005606	Supreme Court Admissions	$	1,223,340	$	1,205,056	77612
TOTAL SSR State Special Revenue Fund Group			$	5,030,668	$	4,989,248	77613
TOTAL ALL BUDGET FUND GROUPS			$	~~142,946,919~~ 141,589,806	$	~~141,715,967~~ 143,073,080	77614

OPERATING EXPENSES - JUDICIARY/SUPREME COURT

77615

Of the foregoing appropriation item 005321, Operating	77616
Expenses - Judiciary/Supreme Court, up to $206,770 in each fiscal	77617
year may be used to support the functions of the State Criminal	77618
Sentencing Council.	77619

LAW-RELATED EDUCATION

77620

The foregoing appropriation item 005406, Law-Related	77621
Education, shall be distributed directly to the Ohio Center for	77622
Law-Related Education for the purposes of providing continuing	77623
citizenship education activities to primary and secondary	77624
students, expanding delinquency prevention programs, increasing	77625
activities for at-risk youth, and accessing additional public and	77626
private money for new programs.	77627

OHIO COURTS TECHNOLOGY INITIATIVE

77628

The foregoing appropriation item 005409, Ohio Courts	77629
Technology Initiative, shall be used to fund an initiative by the	77630
Supreme Court to facilitate the exchange of information and	77631
warehousing of data by and between Ohio courts and other justice	77632
system partners through the creation of an Ohio Courts Network,	77633
the delivery of technology services to courts throughout the	77634
state, including the provision of hardware, software, and the	77635
development and implementation of educational and training	77636
programs for judges and court personnel, and operation of the	77637
Commission on Technology and the Courts by the Supreme Court for	77638
the promulgation of statewide rules, policies, and uniform	77639
standards, and to aid in the orderly adoption and comprehensive	77640
use of technology in Ohio courts.	77641

CONTINUING JUDICIAL EDUCATION

77642

The Continuing Judicial Education Fund (Fund 6720) shall	77643
consist of fees paid by judges and court personnel for attending	77644
continuing education courses and other gifts and grants received	77645
for the purpose of continuing judicial education. The foregoing	77646
appropriation item 005601, Continuing Judicial Education, shall be	77647
used to pay expenses for continuing education courses for judges	77648
and court personnel. If it is determined by the Administrative	77649
Director of the Supreme Court that additional appropriations are	77650
necessary, the amounts are hereby appropriated.	77651

No money in Fund 6720 shall be transferred to any other fund	77652
by the Director of Budget and Management or the Controlling Board.	77653
Interest earned on money in Fund 6720 shall be credited to the	77654
fund.	77655

FEDERAL GRANTS

77656

The Federal Grants Fund (Fund 3J00) shall consist of grants	77657
and other moneys awarded to the Supreme Court (The Judiciary) by	77658
the United States Government or other entities that receive the	77659
moneys directly from the United States Government and distribute	77660
those moneys to the Supreme Court (The Judiciary). The foregoing	77661
appropriation item 005603, Federal Grants, shall be used in a	77662
manner consistent with the purpose of the grant or award. If it is	77663
determined by the Administrative Director of the Supreme Court	77664
that additional appropriations are necessary, the amounts are	77665
hereby appropriated.	77666

No money in Fund 3J00 shall be transferred to any other fund	77667
by the Director of Budget and Management or the Controlling Board.	77668
However, interest earned on money in Fund 3J00 shall be credited	77669
or transferred to the General Revenue Fund.	77670

ATTORNEY SERVICES

77671

The Attorney Services Fund (Fund 4C80), formerly known as the	77672
Attorney Registration Fund, shall consist of money received by the	77673
Supreme Court (The Judiciary) pursuant to the Rules for the	77674
Government of the Bar of Ohio. In addition to funding other	77675
activities considered appropriate by the Supreme Court, the	77676
foregoing appropriation item 005605, Attorney Services, may be	77677
used to compensate employees and to fund appropriate activities of	77678
the following offices established by the Supreme Court: the Office	77679
of Disciplinary Counsel, the Board of Commissioners on Grievances	77680
and Discipline, the Clients' Security Fund, and the Attorney	77681
Services Division. If it is determined by the Administrative	77682
Director of the Supreme Court that additional appropriations are	77683
necessary, the amounts are hereby appropriated.	77684

No money in Fund 4C80 shall be transferred to any other fund	77685
by the Director of Budget and Management or the Controlling Board.	77686
Interest earned on money in Fund 4C80 shall be credited to the	77687
fund.	77688

COURT INTERPRETER CERTIFICATION

77689

The Court Interpreter Certification Fund (Fund 5HT0) shall	77690
consist of money received by the Supreme Court (The Judiciary)	77691
pursuant to Rules 80 through 87 of the Rules of Superintendence	77692
for the Courts of Ohio. The foregoing appropriation item 005617,	77693
Court Interpreter Certification, shall be used to provide	77694
training, to provide the written examination, and to pay language	77695
experts to rate, or grade, the oral examinations of those applying	77696
to become certified court interpreters. If it is determined by the	77697
Administrative Director that additional appropriations are	77698
necessary, the amounts are hereby appropriated.	77699

No money in Fund 5HT0 shall be transferred to any other fund	77700
by the Director of Budget and Management or the Controlling Board.	77701
Interest earned on money in Fund 5HT0 shall be credited to the	77702
fund.	77703

GRANTS AND AWARDS

77704

The Grants and Awards Fund (Fund 5T80) shall consist of	77705
grants and other money awarded to the Supreme Court (The	77706
Judiciary) by the State Justice Institute, the Division of	77707
Criminal Justice Services, or other entities. The foregoing	77708
appropriation item 005609, Grants and Awards, shall be used in a	77709
manner consistent with the purpose of the grant or award. If it is	77710
determined by the Administrative Director of the Supreme Court	77711
that additional appropriations are necessary, the amounts are	77712
hereby appropriated.	77713

No money in Fund 5T80 shall be transferred to any other fund	77714
by the Director of Budget and Management or the Controlling Board.	77715
However, interest earned on money in Fund 5T80 shall be credited	77716
or transferred to the General Revenue Fund.	77717

SUPREME COURT ADMISSIONS

77718

The foregoing appropriation item 005606, Supreme Court	77719
Admissions, shall be used to compensate Supreme Court employees	77720
who are primarily responsible for administering the attorney	77721
admissions program under the Rules for the Government of the Bar	77722
of Ohio, and to fund any other activities considered appropriate	77723
by the court. Moneys shall be deposited into the Supreme Court	77724
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	77725
Government of the Bar of Ohio. If it is determined by the	77726
Administrative Director of the Supreme Court that additional	77727
appropriations are necessary, the amounts are hereby appropriated.	77728

No money in Fund 6A80 shall be transferred to any other fund	77729
by the Director of Budget and Management or the Controlling Board.	77730
Interest earned on money in Fund 6A80 shall be credited to the	77731
fund.	77732

Sec. 323.10. LSC LEGISLATIVE SERVICE COMMISSION

77733

General Revenue Fund	77734

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	77735
GRF	035402	Legislative Fellows	$	1,022,120	$	1,022,120	77736
GRF	035405	Correctional Institution Inspection Committee	$	438,900	$	438,900	77737
GRF	035407	Legislative Task Force on Redistricting	$	590,000	$	~~750,000~~ 400,000	77738
GRF	035409	National Associations	$	460,560	$	460,560	77739
GRF	035410	Legislative Information Systems	$	3,661,250	$	~~3,661,250~~ 3,861,250	77740
GRF	035411	Ohio Constitutional Modernization Commission	$	50,000	$	50,000	77741
TOTAL GRF General Revenue Fund			$	21,340,530	$	~~21,500,530~~ 21,350,530	77742

General Services Fund Group	77743

4100	035601	Sale of Publications	$	10,000	$	10,000	77744
4F60	035603	Legislative Budget Services	$	200,000	$	200,000	77745
5EF0	035607	Legislative Agency Telephone Usage	$	30,000	$	30,000	77746
TOTAL GSF General Services							77747
Fund Group			$	240,000	$	240,000	77748
TOTAL ALL BUDGET FUND GROUPS			$	21,580,530	$	~~21,740,530~~ 21,590,530	77749

OPERATING EXPENSES

77750

On July 1, 2011, or as soon as possible thereafter, the	77751
Director of the Legislative Service Commission may certify to the	77752
Director of Budget and Management the amount of the unexpended,	77753
unencumbered balance of the foregoing appropriation item 035321,	77754
Operating Expenses, at the end of fiscal year 2011 to be	77755
reappropriated to fiscal year 2012. The amount certified is hereby	77756
reappropriated to the same appropriation item for fiscal year	77757
2012.	77758

On July 1, 2012, or as soon as possible thereafter, the	77759
Director of the Legislative Service Commission may certify to the	77760
Director of Budget and Management the amount of the unexpended,	77761
unencumbered balance of the foregoing appropriation item 035321,	77762
Operating Expenses, at the end of fiscal year 2012 to be	77763
reappropriated to fiscal year 2013. The amount certified is hereby	77764
reappropriated to the same appropriation item for fiscal year	77765
2013.	77766

LEGISLATIVE TASK FORCE ON REDISTRICTING

77767

An amount equal to the unexpended, unencumbered portion of	77768
the foregoing appropriation item 035407, Legislative Task Force on	77769
Redistricting, at the end of fiscal year 2011 is hereby	77770
reappropriated to the Legislative Service Commission for the same	77771
purpose for fiscal year 2012.	77772

An amount equal to the unexpended, unencumbered portion of	77773
the foregoing appropriation item 035407, Legislative Task Force on	77774
Redistricting, at the end of fiscal year 2012 is hereby	77775
reappropriated to the Legislative Service Commission for the same	77776
purpose for fiscal year 2013.	77777

LEGISLATIVE INFORMATION SYSTEMS

77778

On July 1, 2011, or as soon as possible thereafter, the	77779
Director of the Legislative Service Commission may certify to the	77780
Director of Budget and Management the amount of the unexpended,	77781
unencumbered balance of the foregoing appropriation item 035410,	77782
Legislative Information Systems, at the end of fiscal year 2011 to	77783
be reappropriated to fiscal year 2012. The amount certified is	77784
hereby reappropriated to the same appropriation item for fiscal	77785
year 2012.	77786

On July 1, 2012, or as soon as possible thereafter, the	77787
Director of the Legislative Service Commission may certify to the	77788
Director of Budget and Management the amount of the unexpended,	77789
unencumbered balance of the foregoing appropriation item 035410,	77790
Legislative Information Systems, at the end of fiscal year 2012 to	77791
be reappropriated to fiscal year 2013. The amount certified is	77792
hereby reappropriated to the same appropriation item for fiscal	77793
year 2013.	77794

OHIO CONSTITUTIONAL MODERNIZATION COMMISSION

77795

The foregoing appropriation item 035411, Ohio Constitutional	77796
Modernization Commission, shall be used to support the operation	77797
and expenses of the Ohio Constitutional Modernization Commission	77798
under sections 103.61 to 103.67 of the Revised Code.	77799

Sec. 327.10. LCO LIQUOR CONTROL COMMISSION

77800

State Special Revenue Fund Group	77801

5LP0	970601		Commission Operating Expense		$	0		$	754,146		77802
TOTAL SSR State Special Revenue Fund Group					$	0		$	754,146		77803

Liquor Control Fund Group	77804

7043	970321	Operating Expenses	$	753,933	$	~~754,146~~ 0	77805
TOTAL LCF Liquor Control Fund Group			$	753,933	$	~~754,146~~ 0	77806
TOTAL ALL BUDGET FUND GROUPS			$	753,933	$	754,146	77807

Sec. 337.10. DMH DEPARTMENT OF MENTAL HEALTH

77809

General Revenue Fund	77810

GRF	332401	Forensic Services	$	3,244,251	$	3,244,251	77811
GRF	333321	Central Administration	$	16,000,000	$	16,000,000	77812
GRF	333402	Resident Trainees	$	450,000	$	450,000	77813
GRF	333403	Pre-Admission Screening Expenses	$	486,119	$	~~486,119~~ 286,119	77814
GRF	333415	Lease-Rental Payments	$	18,394,250	$	~~19,907,900~~ 17,907,900	77815
GRF	333416	Research Program Evaluation	$	421,724	$	421,998	77816
GRF	334412	Hospital Services	$	194,918,888	$	~~192,051,209~~ 191,051,209	77817
GRF	334506	Court Costs	$	584,210	$	584,210	77818
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	77819
GRF	335419	Community Medication Subsidy	$	8,963,818	$	8,963,818	77820
GRF	335501	Mental Health Medicaid Match	$	186,400,000	$	0	77821
GRF	335505	Local Mental Health Systems of Care	$	49,963,776	$	~~59,087,955~~ 62,087,955	77822
GRF	335506	Residential State Supplement	$	4,702,875	$	4,702,875	77823
TOTAL GRF General Revenue Fund			$	485,915,911	$	~~307,286,335~~ 307,086,335	77824

General Services Fund Group	77825

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	77826
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	28,190,000	77827
1500	334620	Special Education	$	150,000	$	150,000	77828
4P90	335604	Community Mental Health Projects	$	4,061,100	$	250,000	77829
1510	336601	Office of Support Services	$	129,770,770	$	~~129,779,822~~ 127,297,130	77830
TOTAL GSF General Services Fund Group			$	163,515,060	$	~~159,713,012~~ 157,230,320	77831

Federal Special Revenue Fund Group	77832

3240	333605	Medicaid/Medicare	$	154,500	$	154,500	77833
3A60	333608	Federal Miscellaneous	$	140,000	$	140,000	77834
3A70	333612	Social Services Block Grant	$	50,000	$	50,000	77835
3A80	333613	Federal Grant - Administration	$	4,717,000	$	4,717,000	77836
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	77837
3B10	333635	Community Medicaid Expansion	$	13,691,682	$	13,691,682	77838
3240	334605	Medicaid/Medicare	$	28,200,000	$	28,200,000	77839
3A60	334608	Federal Miscellaneous	$	200,000	$	200,000	77840
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	77841
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	77842
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	77843
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	2,500,000	77844
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	77845
3B10	335635	Community Medicaid Expansion	$	346,200,000	$	0	77846
TOTAL FED Federal Special Revenue Fund Group			$	421,571,652	$	75,371,652	77847

State Special Revenue Fund Group	77848

2320	333621	Family and Children First Administration	$	448,286	$	432,197	77849
4850	333632	Mental Health Operating	$	134,233	$	134,233	77850
4X50	333607	Behavioral Health Medicaid Services	$	3,000,624	$	3,000,624	77851
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	77852
4850	334632	Mental Health Operating	$	2,477,500	$	2,477,500	77853
5AU0	335615	Behavioral Healthcare	$	6,690,000	$	6,690,000	77854
6320	335616	Community Capital Replacement	$	350,000	$	350,000	77855
TOTAL SSR State Special Revenue Fund Group			$	13,200,643	$	13,184,554	77856
TOTAL ALL BUDGET FUND GROUPS			$	1,084,203,266	$	~~555,555,553~~ 552,872,861	77857

Sec. 343.10. DNR DEPARTMENT OF NATURAL RESOURCES

77859

General Revenue Fund	77860

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	77861
GRF	725413	Lease Rental Payments	$	20,568,600	$	19,734,700	77862
GRF	725456	Canal Lands	$	135,000	$	135,000	77863
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	77864
GRF	725505	Healthy Lake Erie Fund	$	0	$	3,350,000	77865
GRF	725903	Natural Resources General Obligation Debt Service	$	5,375,300	$	25,209,100	77866
GRF	727321	Division of Forestry	$	4,878,338	$	4,880,000	77867
GRF	729321	Office of Information Technology	$	194,118	$	197,117	77868
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	77869
GRF	736321	Division of Engineering	$	3,024,459	$	~~3,025,078~~ 2,995,078	77870
GRF	737321	Division of Soil and Water Resources	$	4,982,961	$	4,983,356	77871
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	77872
TOTAL GRF General Revenue Fund			$	75,058,776	$	~~94,064,351~~ 97,384,351	77873

General Services Fund Group	77874

1550	725601	Departmental Projects	$	3,365,651	$	~~2,725,484~~ 2,512,977	77875
1570	725651	Central Support Indirect	$	5,854,167	$	5,857,800	77876
2040	725687	Information Services	$	4,659,276	$	4,643,835	77877
2070	725690	Real Estate Services	$	50,000	$	50,000	77878
2230	725665	Law Enforcement Administration	$	2,106,776	$	2,126,432	77879
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	77880
4300	725671	Canal Lands	$	907,618	$	~~907,879~~ 883,879	77881
4D50	725618	Recycled Materials	$	50,000	$	~~50,000~~ 0	77882
4S90	725622	NatureWorks Personnel	$	400,358	$	400,358	77883
4X80	725662	Water Resources Council	$	138,011	$	138,005	77884
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	77885
5160	725620	Water Management	$	2,541,565	$	2,559,292	77886
6350	725664	Fountain Square Facilities Management	$	3,544,623	$	~~3,548,445~~ 3,473,413	77887
6970	725670	Submerged Lands	$	836,162	$	848,546	77888
TOTAL GSF General Services							77889
Fund Group			$	25,194,318	$	~~24,596,187~~ 24,234,648	77890

Federal Special Revenue Fund Group	77891

3320	725669	Federal Mine Safety Grant	$	258,102	$	258,102	77892
3B30	725640	Federal Forest Pass-Thru	$	600,000	$	600,000	77893
3B40	725641	Federal Flood Pass-Thru	$	600,000	$	600,000	77894
3B50	725645	Federal Abandoned Mine Lands	$	21,007,667	$	21,207,667	77895
3B60	725653	Federal Land and Water Conservation Grants	$	1,150,000	$	1,150,000	77896
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	77897
3P10	725632	Geological Survey - Federal	$	692,401	$	692,401	77898
3P20	725642	Oil and Gas-Federal	$	234,509	$	234,509	77899
3P30	725650	Coastal Management - Federal	$	3,290,633	$	3,290,633	77900
3P40	725660	Federal - Soil and Water Resources	$	1,213,048	$	1,209,957	77901
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	2,025,001	$	2,025,001	77902
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	77903
TOTAL FED Federal Special Revenue							77904
Fund Group			$	36,121,361	$	36,318,270	77905

State Special Revenue Fund Group	77906

4J20	725628	Injection Well Review	$	130,899	$	128,466	77907
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	77908
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	77909
5090	725602	State Forest	$	7,891,747	$	7,058,793	77910
5110	725646	Ohio Geological Mapping	$	704,777	$	705,130	77911
5120	725605	State Parks Operations	$	32,284,117	$	31,550,444	77912
5140	725606	Lake Erie Shoreline	$	1,502,654	$	1,505,983	77913
5180	725643	Oil and Gas Permit Fees	$	5,821,970	$	~~5,623,645~~ 9,823,645	77914
5180	725677	Oil and Gas Well Plugging	$	800,000	$	800,000	77915
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	77916
5220	725656	Natural Areas and Preserves	$	546,580	$	546,639	77917
5260	725610	Strip Mining Administration Fee	$	2,000,000	$	2,000,000	77918
5270	725637	Surface Mining Administration	$	1,940,977	$	1,941,532	77919
5290	725639	Unreclaimed Land Fund	$	2,004,180	$	2,004,180	77920
5310	725648	Reclamation Forfeiture	$	1,423,000	$	~~1,423,000~~ 500,000	77921
5320	725644	Litter Control and Recycling	$	4,926,730	$	~~4,911,575~~ 0	77922
5860	725633	Scrap Tire Program	$	1,497,645	$	~~1,497,645~~ 0	77923
5B30	725674	Mining Regulation	$	28,135	$	28,135	77924
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	77925
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	77926
5CU0	725647	Mine Safety	$	3,000,000	$	3,000,000	77927
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	77928
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	77929
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	77930
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	77931
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	77932
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	77933
6150	725661	Dam Safety	$	925,344	$	926,028	77934
TOTAL SSR State Special Revenue							77935
Fund Group			$	76,073,745	$	~~74,296,185~~ 71,163,965	77936

Clean Ohio Conservation Fund Group	77937

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		77938
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		77939

Wildlife Fund Group	77940

5P20	725634	Wildlife Boater Angler Administration	$	4,000,000	$	4,000,000	77941
7015	740401	Division of Wildlife Conservation	$	52,721,044	$	51,669,158	77942
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	77943
8160	725649	Wetlands Habitat	$	966,885	$	966,885	77944
8170	725655	Wildlife Conservation Checkoff Fund	$	3,240,000	$	3,240,000	77945
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	77946
8190	725685	Ohio River Management	$	128,584	$	128,584	77947
TOTAL WLF Wildlife Fund Group			$	62,676,962	$	61,625,076	77948

Waterways Safety Fund Group	77949

7086	725414	Waterways Improvement	$	5,692,601	$	5,693,671	77950
7086	725418	Buoy Placement	$	52,182	$	52,182	77951
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	77952
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	77953
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	77954
7086	739401	Division of Watercraft	$	18,040,593	$	17,552,370	77955
TOTAL WSF Waterways Safety Fund							77956
Group			$	24,848,172	$	24,361,019	77957

Accrued Leave Liability Fund Group	77958

4M80	725675	FOP Contract	$	20,219	$	20,219	77959
TOTAL ALF Accrued Leave							77960
Liability Fund Group			$	20,219	$	20,219	77961

Holding Account Redistribution Fund Group	77962

R017	725659	Performance Cash Bond Refunds	$	296,263	$	296,263	77963
R043	725624	Forestry	$	2,000,000	$	2,154,750	77964
TOTAL 090 Holding Account							77965
Redistribution Fund Group			$	2,296,263	$	2,451,013	77966
TOTAL ALL BUDGET FUND GROUPS			$	302,590,591	$	~~318,033,095~~ 317,859,336	77967

Sec. 343.40. LEASE RENTAL PAYMENTS

77969

The foregoing appropriation item 725413, Lease Rental	77970
Payments, shall be used to meet all payments at the times they are	77971
required to be made during the period from July 1, 2011, through	77972
June 30, 2013, by the Department of Natural Resources pursuant to	77973
leases and agreements made under section 154.22 of the Revised	77974
Code. These appropriations are the source of funds pledged for	77975
bond service charges or obligations issued pursuant to Chapter	77976
154. of the Revised Code.	77977

CANAL LANDS

77978

The foregoing appropriation item 725456, Canal Lands, shall	77979
be used to transfer funds to the Canal Lands Fund (Fund 4300) to	77980
provide operating expenses for the State Canal Lands Program. The	77981
transfer shall be made using an intrastate transfer voucher and	77982
shall be subject to the approval of the Director of Budget and	77983
Management.	77984

HEALTHY LAKE ERIE FUND

77985

Of the foregoing appropriation item 725505, Healthy Lake Erie	77986
Fund, up to $3,000,000 shall be used by the Director of Natural	77987
Resources, in consultation with the Director of Agriculture and	77988
the Director of Environmental Protection, to implement	77989
nonstatutory recommendations of the Agriculture Nutrients and	77990
Water Quality Working Group. The Director shall give priority to	77991
recommendations that encourage farmers to adopt agricultural	77992
production guidelines commonly known as 4R nutrient stewardship	77993
practices. Funds may also be used for enhanced soil testing in the	77994
Western Lake Erie Basin, monitoring the quality of Lake Erie and	77995
its tributaries, and conducting research and establishing pilot	77996
projects that have the goal of reducing algae blooms in Lake Erie.	77997

Of the foregoing appropriation item 725505, Healthy Lake Erie	77998
Fund, up to $350,000 in fiscal year 2013 may be used by the	77999
Director of Natural Resources for monitoring inland lakes and	78000
stream water quality.	78001

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

78002

The foregoing appropriation item 725903, Natural Resources	78003
General Obligation Debt Service, shall be used to pay all debt	78004
service and related financing costs during the period July 1,	78005
2011, through June 30, 2013, on obligations issued under sections	78006
151.01 and 151.05 of the Revised Code.	78007

Sec. 365.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

78008

General Services Fund Group	78009

5F60	870622	Utility and Railroad Regulation	$	30,637,234	$	31,638,708	78010
5F60	870624	NARUC/NRRI Subsidy	$	158,000	$	~~158,000~~ 100,000	78011
5F60	870625	Motor Transportation Regulation	$	4,976,641	$	~~5,971,218~~ 0	78012
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	78013
TOTAL GSF General Services							78014
Fund Group			$	40,771,875	$	~~42,767,926~~ 36,738,708	78015

Federal Special Revenue Fund Group	78016

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	78017
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	78018
3CU0	870627	Electric Market Modeling	$	91,183	$	0	78019
3EA0	870630	Energy Assurance Planning	$	384,000	$	384,000	78020
3ED0	870631	State Regulators Assistance	$	231,824	$	231,824	78021
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	78022
TOTAL FED Federal Special Revenue							78023
Fund Group			$	8,756,626	$	8,665,443	78024

State Special Revenue Fund Group	78025

4A30	870614	Grade Crossing Protection Devices-State	$	1,347,357	$	1,347,357	78026
4L80	870617	Pipeline Safety-State	$	181,992	$	181,992	78027
4S60	870618	Hazardous Material Registration	$	450,395	$	~~450,395~~ 0	78028
4S60	870621	Hazardous Materials Base State Registration	$	373,346	$	~~373,346~~ 0	78029
4U80	870620	Civil Forfeitures	$	277,347	$	~~277,496~~ 0	78030
5590	870605	Public Utilities Territorial Administration	$	3,880	$	~~3,880~~ 0	78031
5600	870607	Special Assessment	$	97,000	$	~~97,000~~ 0	78032
5610	870606	Power Siting Board	$	631,508	$	~~631,618~~ 581,618	78033
5BP0	870623	Wireless 9-1-1 Administration	$	36,440,000	$	~~18,220,000~~ 17,757,250	78034
5HD0	870629	Radioactive Waste Transportation	$	98,800	$	~~98,800~~ 0	78035
5LT0	870640	Intrastate Registration	$	0	$	180,000	78036
5LT0	870641	Unified Carrier Registration	$	0	$	420,000	78037
5LT0	870642	Hazardous Materials Registration	$	0	$	823,741	78038
5LT0	870643	Nonhazardous Materials Civil Forfeiture	$	0	$	277,496	78039
5LT0	870644	Hazardous Materials Civil Forfeiture	$	0	$	898,800	78040
5LT0	870645	Motor Carrier Enforcement	$	0	$	5,401,318	78041
6380	870611	Biofuels/Municipal Waste Technology	$	570	$	0	78042
6610	870612	Hazardous Materials Transportation	$	898,800	$	~~898,800~~ 0	78043
TOTAL SSR State Special Revenue							78044
Fund Group			$	40,800,995	$	~~22,580,684~~ 27,869,572	78045
TOTAL ALL BUDGET FUND GROUPS			$	90,329,496	$	~~74,014,053~~ 73,273,723	78046

COMMUNITY-VOICEMAIL SERVICE PILOT PROGRAM

78047

The Community-voicemail Service Pilot Program assessments	78048
authorized by Section 6 of Sub. S.B. 162 of the 128th General	78049
Assembly shall cease. These assessments shall be refunded without	78050
interest to those assessed under the program by the Public	78051
Utilities Commission within 60 days of the effective date of this	78052
section.	78053

FUND ADJUSTMENTS

78054

On July 1, 2012, or as soon as practicable thereafter, the	78055
Director of Budget and Management shall transfer the cash balances	78056
in the Hazardous Materials Registration Fund (Fund 4S60) and the	78057
Base State Registration Fund (Fund 4G40) to the Public Utilities	78058
Transportation Safety Fund (Fund 5LT0). The Director shall cancel	78059
any existing encumbrances against appropriation items 870618,	78060
Hazardous Material Registration, and 870621, Hazardous Materials	78061
Base State Registration, and reestablish them against	78062
appropriation item 870642, Hazardous Materials Registration. The	78063
amounts of the reestablished encumbrances are hereby appropriated.	78064
Upon completion of these transfers, the Hazardous Materials	78065
Registration Fund (Fund 4S60) and the Base State Registration Fund	78066
(Fund 4G40) are hereby abolished.	78067

On July 1, 2012, or as soon as practicable thereafter, the	78068
Director of Budget and Management shall transfer the cash balance	78069
in the Transportation Enforcement Fund (Fund 4U80) to the Public	78070
Utilities Transportation Safety Fund (Fund 5LT0). The Director	78071
shall cancel any existing encumbrances against appropriation item	78072
870620, Civil Forfeitures, and reestablish them against	78073
appropriation item 870643, Nonhazardous Materials Civil	78074
Forfeitures. The amounts of the reestablished encumbrances are	78075
hereby appropriated. Upon completion of these transfers, the	78076
Transportation Enforcement Fund (Fund 4U80) is hereby abolished.	78077

On July 1, 2012, or as soon as practicable thereafter, the	78078
Director of Budget and Management shall transfer the cash balance	78079
in the Radioactive Waste Transportation Fund (Fund 5HD0) to the	78080
Public Utilities Transportation Safety Fund (Fund 5LT0). The	78081
Director shall cancel any existing encumbrances against	78082
appropriation item 870629, Radioactive Waste Transportation, and	78083
reestablish them against appropriation item 870645, Motor Carrier	78084
Enforcement. The amounts of the reestablished encumbrances are	78085
hereby appropriated. Upon completion of these transfers, the	78086
Radioactive Waste Transportation Fund (Fund 5HD0) is hereby	78087
abolished.	78088

On July 1, 2012, or as soon as practicable thereafter, the	78089
Director of Budget and Management shall transfer the cash balance	78090
in the Hazardous Materials Transportation Fund (Fund 6610) to the	78091
Public Utilities Transportation Safety Fund (Fund 5LT0). The	78092
Director shall cancel any existing encumbrances against	78093
appropriation item 870612, Hazardous Materials Transportation, and	78094
reestablish them against appropriation item 870644, Hazardous	78095
Materials Civil Forfeitures. The amounts of the reestablished	78096
encumbrances are hereby appropriated. Upon completion of these	78097
transfers, the Hazardous Materials Transportation Fund (Fund 6610)	78098
is hereby abolished.	78099

On July 1, 2012, or as soon as practicable thereafter, the	78100
Director of Budget and Management shall transfer cash in an amount	78101
up to $21,000,000 from the Public Utilities Fund (Fund 5F60) to	78102
the Public Utilities Transportation Safety Fund (Fund 5LT0). The	78103
Director shall cancel any existing encumbrances against	78104
appropriation item 870625, Motor Transportation Regulation, and	78105
reestablish encumbrances or parts of encumbrances as needed in the	78106
fiscal year in the appropriate fund and appropriation item for the	78107
same purpose and to the same vendor. The amounts of the	78108
reestablished encumbrances are hereby appropriated.	78109

The fund created by division (E) of section 4921.21 of the	78110
Revised Code is the same fund, with the same name, as the Motor	78111
Carrier Safety Fund (Fund 3500).	78112

The fund created by division (D) of section 4921.21 of the	78113
Revised Code is the same fund, with the same name, as the	78114
Commercial Vehicle Transportation Systems Fund (Fund 3V30).	78115

Sec. 367.10. PWC PUBLIC WORKS COMMISSION

78116

General Revenue Fund	78117

GRF	150904	Conservation General Obligation Debt Service	$	21,953,000	$	29,297,300	78118
GRF	150907	State Capital Improvements	$	106,770,600	$	~~215,571,100~~ 208,571,100	78119
		General Obligation Debt Service					78120
TOTAL GRF General Revenue Fund			$	128,723,600	$	~~244,868,400~~ 237,868,400	78121

Clean Ohio Conservation Fund Group	78122

7056	150403		Clean Ohio Operating Expenses		$	300,000		$	288,980		78123
TOTAL 056 Clean Ohio Conservation Fund Group					$	300,000		$	288,980		78124

TOTAL ALL BUDGET FUND GROUPS

129,023,600

~~245,157,380~~ 238,157,380

78125

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

78126

The foregoing appropriation item 150904, Conservation General	78127
Obligation Debt Service, shall be used to pay all debt service and	78128
related financing costs during the period from July 1, 2011,	78129
through June 30, 2013, at the times they are required to be made	78130
for obligations issued under sections 151.01 and 151.09 of the	78131
Revised Code.	78132

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

78133

The foregoing appropriation item 150907, State Capital	78134
Improvements General Obligation Debt Service, shall be used to pay	78135
all debt service and related financing costs during the period	78136
from July 1, 2011, through June 30, 2013, at the times they are	78137
required to be made for obligations issued under sections 151.01	78138
and 151.08 of the Revised Code.	78139

CLEAN OHIO OPERATING EXPENSES

78140

The foregoing appropriation item 150403, Clean Ohio Operating	78141
Expenses, shall be used by the Ohio Public Works Commission in	78142
administering Clean Ohio Conservation Fund (Fund 7056) projects	78143
pursuant to sections 164.20 to 164.27 of the Revised Code.	78144

REIMBURSEMENT TO THE GENERAL REVENUE FUND

78145

(A) On or before July 15, 2013, the Director of the Public	78146
Works Commission shall certify to the Director of Budget and	78147
Management the following:	78148

(1) The total amount disbursed from appropriation item	78149
700409, Farmland Preservation, during the FY 2012-FY 2013	78150
biennium; and	78151

(2) The amount of interest earnings that have been credited	78152
to the Clean Ohio Conservation Fund (Fund 7056) that are in excess	78153
of the amount needed for other purposes as calculated by the	78154
Director of the Public Works Commission.	78155

(B) If the Director of Budget and Management determines under	78156
division (A)(2) of this section that there are excess interest	78157
earnings, the Director of Budget and Management shall, on or	78158
before July 15, 2013, transfer the excess interest earnings to the	78159
General Revenue Fund in an amount equal to the total amount	78160
disbursed under division (A)(1) of this section from the Clean	78161
Ohio Conservation Fund (Fund 7056).	78162

Sec. 369.10. RAC STATE RACING COMMISSION

78163

State Special Revenue Fund Group	78164

5620	875601	Thoroughbred Race Fund	$	1,796,328	$	1,696,456	78165
5630	875602	Standardbred Development Fund	$	1,697,418	$	1,697,452	78166
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	78167
5650	875604	Racing Commission Operating	$	3,095,331	$	2,934,178	78168
5C40	875607	Simulcast Horse Racing Purse	$	12,000,000	$	12,000,000	78169
5JK0	875610	Racing Commission Fund	$	339,919	$	8,169,547	78170
TOTAL SSR State Special Revenue							78171
Fund Group			$	~~18,590,078~~ 18,929,996	$	~~18,329,087~~ 26,498,633	78172

Holding Account Redistribution Fund Group	78173

R021	875605	Bond Reimbursements	$	100,000	$	100,000	78174
TOTAL 090 Holding Account Redistribution							78175
Fund Group			$	100,000	$	100,000	78176
TOTAL ALL BUDGET FUND GROUPS			$	~~18,690,078~~ 19,029,996	$	~~18,429,087~~ 26,598,633	78177

Sec. 371.10. BOR BOARD OF REGENTS

78179

General Revenue Fund	78180

GRF	235321	Operating Expenses	$	2,300,000	$	2,300,000	78181
GRF	235401	Lease Rental Payments	$	83,151,600	$	57,634,400	78182
GRF	235402	Sea Grants	$	285,000	$	285,000	78183
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	78184
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	78185
GRF	235409	HEI Information System	$	800,000	$	800,000	78186
GRF	235414	State Grants and Scholarship Administration	$	1,230,000	$	1,230,000	78187
GRF	235417	~~Ohio Learning Network~~ eStudent Services	$	2,532,688	$	2,532,688	78188
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	78189
GRF	235433	Economic Growth Challenge	$	440,000	$	440,000	78190
GRF	235438	Choose Ohio First Scholarship	$	15,750,085	$	15,750,085	78191
GRF	235443	Adult Basic and Literacy Education - State	$	7,302,416	$	7,302,416	78192
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,317,547	$	15,317,547	78193
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	78194
GRF	235501	State Share of Instruction	$	1,735,530,031	$	1,751,225,497	78195
GRF	235502	Student Support Services	$	632,974	$	632,974	78196
GRF	235504	War Orphans Scholarships	$	4,787,833	$	4,787,833	78197
GRF	235507	OhioLINK	$	6,100,000	$	6,100,000	78198
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	78199
GRF	235510	Ohio Supercomputer Center	$	3,347,418	$	3,347,418	78200
GRF	235511	Cooperative Extension Service	$	22,220,910	$	22,220,910	78201
GRF	235514	Central State Supplement	$	11,503,651	$	10,928,468	78202
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	78203
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	78204
GRF	235520	Shawnee State Supplement	$	2,448,523	$	2,326,097	78205
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	78206
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	78207
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	78208
GRF	235535	Ohio Agricultural Research and Development Center	$	33,100,000	$	33,100,000	78209
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	78210
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	78211
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	78212
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	78213
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	78214
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	78215
GRF	235552	Capital Component	$	20,638,274	$	~~20,638,274~~ 13,628,639	78216
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	78217
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	78218
GRF	235558	Long-term Care Research	$	195,300	$	195,300	78219
GRF	235563	Ohio College Opportunity Grant	$	80,284,265	$	80,284,265	78220
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	78221
GRF	235599	National Guard Scholarship Program	$	16,912,271	$	18,143,293	78222
GRF	235909	Higher Education General Obligation Debt Service	$	108,262,500	$	201,555,000	78223
TOTAL GRF General Revenue Fund			$	2,226,105,156	$	~~2,310,109,335~~ 2,303,099,700	78224

General Services Fund Group	78225

2200	235614	Program Approval and Reauthorization	$	1,311,567	$	1,457,959	78226
4560	235603	Sales and Services	$	199,250	$	199,250	78227
5JC0	235649	Co-op Internship Program	$	12,000,000	$	12,000,000	78228
5JC0	235667	Ohio College Opportunity Grant-Proprietary	$	6,000,000	$	6,000,000	78229
5JC0	235668	Air Force Institute of Technology - Defense/Aerospace Graduate Studies Institute	$	4,000,000	$	4,000,000	78230
TOTAL GSF General Services							78231
Fund Group			$	23,510,817	$	23,657,209	78232

Federal Special Revenue Fund Group	78233

3120	235609	Tech Prep	$	183,850	$	~~183,850~~ 0	78234
3120	235611	Gear-up Grant	$	3,900,000	$	~~3,900,000~~ 50,000	78235
3120	235612	Carl D. Perkins Grant/Plan Administration	$	912,961	$	912,961	78236
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	78237
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	78238
3120	235659	Race to the Top Scholarship Program	$	2,400,000	$	~~3,780,000~~ 0	78239
3120	235660	Race to the Top Educator Preparation Reform Initiative	$	448,000	$	~~1,120,000~~ 0	78240
3120	235661	Americorps Grant	$	260,000	$	~~260,000~~ 0	78241
3H20	235608	Human Services Project	$	3,500,000	$	3,500,000	78242
3N60	235638	College Access Challenge Grant	$	4,381,431	$	4,381,431	78243
TOTAL FED Federal Special Revenue							78244
Fund Group			$	34,021,913	$	~~36,073,913~~ 26,880,063	78245

State Special Revenue Fund Group	78246

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	78247
5FR0	235640	~~Joyce Foundation~~ Shifting Gears Grant	$	919,719	$	919,719	78248
5FR0	235647	Developmental Education Initiatives	$	135,000	$	135,000	78249
5FR0	235657	Win-Win Grant	$	37,000	$	15,000	78250
5P30	235663	Variable Savings Plan	$	8,946,994	$	9,072,136	78251
6450	235664	Guaranteed Savings Plan	$	900,293	$	907,514	78252
6820	235606	Nursing Loan Program	$	891,320	$	891,320	78253
TOTAL SSR State Special Revenue							78254
Fund Group			$	11,859,426	$	11,969,789	78255

Third Frontier Research & Development Fund Group	78256

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	78257
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	78258
TOTAL ALL BUDGET FUND GROUPS			$	2,303,497,312	$	~~2,389,810,246~~ 2,373,606,761	78259

Sec. 371.30.30. AIR FORCE INSTITUTE OF TECHNOLOGY

78261

The foregoing appropriation item 235508, Air Force Institute	78262
of Technology, shall be used ~~by the director of the Air Force~~	78263
~~Institute~~ to: (A) strengthen the research and educational linkages	78264
between the Wright Patterson Air Force Base and institutions of	78265
higher education in Ohio; and (B) support the Dayton Area Graduate	78266
Studies Institute, an engineering graduate consortium of Wright	78267
State University, the University of Dayton, and the Air Force	78268
Institute of Technology, with the participation of the University	78269
of Cincinnati and The Ohio State University.	78270

Any unexpended and unencumbered portion of the foregoing	78271
appropriation item 235508, Air Force Institute of Technology, at	78272
the end of fiscal year 2012 is hereby reappropriated for the same	78273
purpose in fiscal year 2013.	78274

Sec. 371.50.61. CO-OP INTERNSHIP PROGRAM

78275

Of the foregoing appropriation item 235649, Co-op Internship	78276
Program, $75,000 in each fiscal year shall be used by the	78277
Chancellor of the Board of Regents to support the operations of	78278
Ohio University's Voinovich School.	78279

Of the foregoing appropriation item 235649, Co-op Internship	78280
Program, $75,000 in each fiscal year, shall be used by the	78281
Chancellor of the Board of Regents to support the operations of	78282
The Ohio State University's John Glenn School of Public Affairs.	78283

Of the foregoing appropriation item 235649, Co-op Internship	78284
Program, $75,000 in each fiscal year shall be used to support the	78285
Bliss Institute of Applied Politics at the University of Akron.	78286

Of the foregoing appropriation item 235649, Co-op Internship	78287
Program, $75,000 in each fiscal year shall be used to support the	78288
Center for Public Management and Regional Affairs at Miami	78289
University.	78290

Of the foregoing appropriation item 235649, Co-op Internship	78291
Program, $75,000 in each fiscal year shall be used to support the	78292
Washington Center Internship Program.	78293

Of the foregoing appropriation item 235649, Co-op Internship	78294
Program, $75,000 in each fiscal year shall be used to support the	78295
~~Maxine Goodman Levin College of Urban Affairs~~mentoring program of	78296
the Ohio Center for the Advancement of Women in Public Service at	78297
the Cleveland State University.	78298

Of the foregoing appropriation item 235649, Co-op Internship	78299
Program, $75,000 in each fiscal year shall be used to support the	78300
University of Cincinnati Internship Program.	78301

Any unexpended and unencumbered portion of the foregoing	78302
appropriation item 235649, Co-op Internship Program, at the end of	78303
fiscal year 2012 is hereby reappropriated for the same purpose in	78304
fiscal year 2013.	78305

Sec. 371.50.65. AIR FORCE INSTITUTE OF TECHNOLOGY –	78306
DEFENSE/AEROSPACE GRADUATE STUDIES INSTITUTE	78307

The foregoing appropriation item 235668, Air Force Institute	78308
of Technology – Defense/Aerospace Graduate Studies Institute,	78309
shall be used by the Defense/Aerospace Graduate Studies Institute	78310
to strengthen regional job training, equip Ohio's workforce with	78311
needed skills, and strengthen the research and educational	78312
linkages among Department of Defense facilities in Ohio,	78313
institutions of higher education in Ohio, and available industry	78314
jobs in Ohio. These funds shall be matched by private industry	78315
partners or the Department of Defense in the aggregate amount of	78316
$2,500,000 over the FY 2012 - FY 2013 biennium.	78317

Any unexpended and unencumbered portion of the foregoing	78318
appropriation item 235668, Air Force Institute of Technology -	78319
Defense/Aerospace Graduate Studies Institute, at the end of fiscal	78320
year 2012 is hereby reappropriated for the same purpose in fiscal	78321
year 2013.	78322

Sec. 371.60.80. (A) The Ohio Digital Learning Task Force is	78323
hereby established to develop a strategy for the expansion of	78324
digital learning that enables students to customize their	78325
education, produces cost savings, and meets the needs of Ohio's	78326
economy. The Task Force shall consist of the following members:	78327

(1) The Chancellor of the Ohio Board of Regents or the	78328
Chancellor's designee;	78329

(2) The Superintendent of Public Instruction or the	78330
Superintendent's designee;	78331

(3) The Director of the Governor's Office of 21st Century	78332
Education or the Director's designee;	78333

(4) Up to six members appointed by the Governor, who shall be	78334
representatives of school districts or community schools,	78335
established under Chapter 3314. of the Revised Code, that are	78336
high-performing of their type and have demonstrated the ability to	78337
incorporate technology into the classroom successfully;	78338

(5) A member appointed by the President of the Senate;

78339

(6) A member appointed by the Speaker of the House of	78340
Representatives.	78341

(B) Members of the Task Force shall be appointed not later	78342
than sixty days after the effective date of this section.	78343
Vacancies on the Task Force shall be filled in the same manner as	78344
the original appointments. Members shall serve without	78345
compensation.	78346

(C) The Governor shall designate the chairperson of the Task	78347
Force. All meetings of the Task Force shall be held at the call of	78348
the chairperson.	78349

(D) The Task Force shall do all of the following:

78350

(1) Request information from textbook publishers about the	78351
development of digital textbooks and other new digital content	78352
distribution methods for use by primary, secondary, and	78353
post-secondary schools and institutions and examine that	78354
information;	78355

(2) Examine potential cost savings and efficiency of	78356
utilizing digital textbooks and other new digital content	78357
distribution methods in primary, secondary, and post-secondary	78358
schools and institutions;	78359

(3) Examine potential academic benefits of utilizing digital	78360
textbooks and other new digital content distribution methods,	78361
including, but not limited to, the ability to individualize	78362
content to specific student learning styles, accessibility for	78363
individuals with disabilities, and the integration of formative	78364
and other online assessments;	78365

(4) Examine digital content pilot programs and initiatives	78366
currently operating at primary, secondary, and post-secondary	78367
schools and institutions in Ohio, including, but not limited to,	78368
those financed in part with federal funds;	78369

(5) Examine any state-level initiatives to provide or	78370
facilitate use of digital content in primary, secondary, and	78371
post-secondary schools and institutions in Ohio.	78372

(E) The Task Force shall make recommendations regarding all	78373
of the following:	78374

(1) The creation of high quality digital content and	78375
instruction in grades kindergarten to twelve for free access by	78376
public and nonpublic schools and students receiving home	78377
instruction;	78378

(2) High quality professional development for teachers and	78379
principals providing online instruction or blended learning	78380
programs;	78381

(3) Funding strategies that create incentives for high	78382
performance, innovation, and options in course providers and	78383
delivery;	78384

(4) Student assessment and accountability;

78385

(5) Infrastructure to support digital learning;

78386

(6) Mobile learning and mobile learning applications;

78387

(7) The clearinghouse established under section 3333.82 of	78388
the Revised Code;	78389

(8) Ways to align the resources and digital learning	78390
initiatives of state agencies and offices;	78391

(9) Methods for removing redundancy and inefficiency in, and	78392
for providing coordination, of all digital learning programs,	78393
including the provision of free online instruction to public and	78394
nonpublic schools on a statewide basis;	78395

(10) Methods of addressing future changes in technology and	78396
learning.	78397

~~(E)~~(F) Not later than March 1, 2012, the Task Force shall	78398
issue a report of its findings and recommendations to the	78399
Governor, the President of the Senate, and the Speaker of the	78400
House of Representatives. ~~Upon issuance of~~After issuing its	78401
report, the Task Force shall monitor the implementation of its	78402
recommendations. Not later than June 30, 2012, the Task Force	78403
shall report to the Governor, the President of the Senate, and the	78404
Speaker of the House of Representatives whether digital learning	78405
is advancing in Ohio schools and submit any recommendations to	78406
further enhance the full deployment of useful digital learning	78407
programs and services. The Task Force shall cease to exist on June	78408
30, 2012.	78409

Sec. 373.10. DRC DEPARTMENT OF REHABILITATION AND CORRECTION

78410

General Revenue Fund							78411
GRF	501321	Institutional Operations	$	909,547,156	$	866,592,589	78412
GRF	501403	Prisoner Compensation	$	8,599,255	$	8,599,255	78413
GRF	501405	Halfway House	$	43,637,069	$	43,622,104	78414
GRF	501406	Lease Rental Payments	$	42,863,100	$	104,301,500	78415
GRF	501407	Community Nonresidential Programs	$	25,859,382	$	25,839,390	78416
GRF	501408	Community Misdemeanor Programs	$	14,906,800	$	14,906,800	78417
GRF	501501	Community Residential Programs - CBCF	$	62,692,785	$	62,477,785	78418
GRF	502321	Mental Health Services	$	58,525,816	$	51,778,513	78419
GRF	503321	Parole and Community Operations	$	68,197,272	$	63,783,848	78420
GRF	504321	Administrative Operations	$	21,996,504	$	20,085,474	78421
GRF	505321	Institution Medical Services	$	209,231,014	$	195,241,961	78422
GRF	506321	Institution Education Services	$	20,237,576	$	18,086,492	78423
GRF	507321	Institution Recovery Services	$	5,786,109	$	5,375,737	78424
TOTAL GRF General Revenue Fund			$	1,492,079,838	$	1,480,691,448	78425

General Services Fund Group	78426

1480	501602	~~Services and Agricultural~~ Institutional Services	$	3,579,250	$	3,584,263	78427
2000	501607	Ohio Penal Industries	$	38,000,000	$	38,000,000	78428
4830	501605	Property Receipts	$	182,723	$	182,086	78429
4B00	501601	Sewer Treatment Services	$	2,145,630	$	~~2,157,682~~ 2,057,682	78430
4D40	501603	Prisoner Programs	$	14,900,000	$	14,900,000	78431
4L40	501604	Transitional Control	$	1,168,843	$	~~1,213,120~~ 1,113,120	78432
4S50	501608	Education Services	$	2,376,041	$	2,359,775	78433
5710	501606	Training Academy Receipts	$	125,000	$	125,000	78434
5930	501618	Laboratory Services	$	6,665,137	$	6,664,729	78435
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	78436
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	78437
5L60	501611	Information Technology Services	$	600,000	$	~~600,000~~ 350,000	78438
TOTAL GSF General Services Fund Group			$	73,182,624	$	~~73,226,655~~ 72,776,655	78439

Federal Special Revenue Fund Group	78440

3230	501619	Federal Grants	$	9,013,558	$	9,180,703	78441
TOTAL FED Federal Special Revenue							78442
Fund Group			$	9,013,558	$	9,180,703	78443

TOTAL ALL BUDGET FUND GROUPS

1,574,276,020

~~1,563,098,806~~ 1,562,648,806

78444

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	78445
SENTENCING REFORMS	78446

For the purposes of implementing criminal sentencing reforms,	78447
and notwithstanding any other provision of law to the contrary,	78448
the Director of Budget and Management, at the request of the	78449
Director of Rehabilitation and Correction, may transfer up to	78450
$14,000,000 in appropriations, in each of fiscal years 2012 and	78451
2013, from appropriation item 501321, Institutional Operations, to	78452
any combination of appropriation items 501405, Halfway House;	78453
501407, Community Residential Programs; 501408, Community	78454
Misdemeanor Programs; and 501501, Community Residential Programs -	78455
CBCF.	78456

OHIO BUILDING AUTHORITY LEASE PAYMENTS

78457

The foregoing appropriation item 501406, Lease Rental	78458
Payments, shall be used to meet all payments at the times they are	78459
required to be made during the period from July 1, 2011, through	78460
June 30, 2013, by the Department of Rehabilitation and Correction	78461
to the Ohio Building Authority under the primary leases and	78462
agreements for those buildings made under Chapter 152. of the	78463
Revised Code. These appropriations are the source of funds pledged	78464
for bond service charges or obligations issued pursuant to Chapter	78465
152. of the Revised Code.	78466

OSU MEDICAL CHARGES

78467

Notwithstanding section 341.192 of the Revised Code, at the	78468
request of the Department of Rehabilitation and Correction, The	78469
Ohio State University Medical Center, including the James Cancer	78470
Hospital and Solove Research Institute and the Richard M. Ross	78471
Heart Hospital, shall provide necessary care to persons who are	78472
confined in state adult correctional facilities. The provision of	78473
necessary care shall be billed to the Department at a rate not to	78474
exceed the authorized reimbursement rate for the same service	78475
established by the Department of Job and Family Services under the	78476
Medical Assistance Program.	78477

CASH TRANSFER FROM INSTITUTIONAL SERVICES FUND TO OHIO PENAL	78478
INDUSTRIES FUND	78479

The Director of Budget and Management may transfer an amount	78480
not to exceed $4,000,000 in cash in fiscal year 2013 from the	78481
Institutional Services Fund (Fund 1480) to the Ohio Penal	78482
Industries Fund (Fund 2000).	78483

Sec. 375.10. RSC REHABILITATION SERVICES COMMISSION

78484

General Revenue Fund	78485

GRF	415402	Independent Living Council	$	252,000	$	252,000	78486
GRF	415406	Assistive Technology	$	26,618	$	26,618	78487
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	78488
GRF	415506	Services for People with Disabilities	$	12,777,884	$	12,777,884	78489
GRF	415508	Services for the Deaf	$	28,000	$	28,000	78490
TOTAL GRF General Revenue Fund			$	13,211,069	$	13,211,069	78491

General Services Fund Group	78492

4670	415609	Business Enterprise Operating Expenses	$	1,308,431	$	1,303,090	78493
TOTAL GSF General Services							78494
Fund Group			$	1,308,431	$	1,303,090	78495

Federal Special Revenue Fund Group	78496

3170	415620	Disability Determination	$	97,579,095	$	~~97,579,095~~ 87,579,095	78497
3790	415616	Federal - Vocational Rehabilitation	$	103,160,426	$	103,150,102	78498
3L10	415601	Social Security Personal Care Assistance	$	3,370,000	$	3,370,000	78499
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	78500
3L10	415608	Social Security Special Programs/Assistance	$	1,521,406	$	1,520,184	78501
3L40	415612	Federal Independent Living Centers or Services	$	652,222	$	652,222	78502
3L40	415615	Federal - Supported Employment	$	929,755	$	929,755	78503
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	2,137,338	$	2,137,338	78504
TOTAL FED Federal Special							78505
Revenue Fund Group			$	210,122,242	$	~~210,110,696~~ 200,110,696	78506

State Special Revenue Fund Group	78507

4680	415618	Third Party Funding	$	10,802,589	$	10,802,589	78508
4L10	415619	Services for Rehabilitation	$	3,700,000	$	3,700,000	78509
4W50	415606	Program Management Expenses	$	11,636,730	$	11,587,201	78510
TOTAL SSR State Special							78511
Revenue Fund Group			$	26,139,319	$	26,089,790	78512
TOTAL ALL BUDGET FUND GROUPS			$	250,781,061	$	~~250,714,645~~ 240,714,645	78513

INDEPENDENT LIVING COUNCIL

78514

The foregoing appropriation item 415402, Independent Living	78515
Council, shall be used to fund the operations of the State	78516
Independent Living Council and to support state independent living	78517
centers and independent living services under Title VII of the	78518
Independent Living Services and Centers for Independent Living of	78519
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	78520
U.S.C. 796d.	78521

Of the foregoing appropriation item 415402, Independent	78522
Living Council, $67,662 in each fiscal year shall be used as state	78523
matching funds for vocational rehabilitation innovation and	78524
expansion activities.	78525

ASSISTIVE TECHNOLOGY

78526

The total amount of the foregoing appropriation item 415406,	78527
Assistive Technology, shall be provided to Assistive Technology of	78528
Ohio to provide grants and assistive technology services for	78529
people with disabilities in the State of Ohio.	78530

OFFICE FOR PEOPLE WITH BRAIN INJURY

78531

The foregoing appropriation item 415431, Office for People	78532
with Brain Injury, shall be used to plan and coordinate	78533
head-injury-related services provided by state agencies and other	78534
government or private entities, to assess the needs for such	78535
services, and to set priorities in this area.	78536

Of the foregoing appropriation item 415431, Office for People	78537
with Brain Injury, $44,067 in each fiscal year shall be used as	78538
state matching funds to provide vocational rehabilitation services	78539
to eligible consumers.	78540

VOCATIONAL REHABILITATION SERVICES

78541

The foregoing appropriation item 415506, Services for People	78542
with Disabilities, shall be used as state matching funds to	78543
provide vocational rehabilitation services to eligible consumers.	78544

At the request of the Chancellor of the Board of Regents, the	78545
Director of Budget and Management may transfer any unexpended,	78546
unencumbered appropriation in fiscal year 2012 or fiscal year 2013	78547
from appropriation item 235502, Student Support Services, to	78548
appropriation item 415506, Services for People with Disabilities.	78549
Any appropriation so transferred shall be used by the Ohio	78550
Rehabilitation Services Commission to obtain additional federal	78551
matching funds to serve disabled students.	78552

SERVICES FOR THE DEAF

78553

The foregoing appropriation item 415508, Services for the	78554
Deaf, shall be used to provide grants to community centers for the	78555
deaf.	78556

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

78557

The foregoing appropriation item 415617, Independent	78558
Living/Vocational Rehabilitation Programs, shall be used to	78559
support vocational rehabilitation programs.	78560

SOCIAL SECURITY REIMBURSEMENT FUNDS

78561

Reimbursement funds received from the Social Security	78562
Administration, United States Department of Health and Human	78563
Services, for the costs of providing services and training to	78564
return disability recipients to gainful employment shall be	78565
expended from the Social Security Reimbursement Fund (Fund 3L10),	78566
to the extent funds are available, as follows:	78567

(A) Appropriation item 415601, Social Security Personal Care	78568
Assistance, to provide personal care services in accordance with	78569
section 3304.41 of the Revised Code;	78570

(B) Appropriation item 415605, Social Security Community	78571
Centers for the Deaf, to provide grants to community centers for	78572
the deaf in Ohio for services to individuals with hearing	78573
impairments; and	78574

(C) Appropriation item 415608, Social Security Special	78575
Programs/Assistance, to provide vocational rehabilitation services	78576
to individuals with severe disabilities who are Social Security	78577
beneficiaries, to enable them to achieve competitive employment.	78578
This appropriation item shall also be used to pay a portion of	78579
indirect costs of the Personal Care Assistance Program and the	78580
Independent Living Programs as mandated by federal OMB Circular	78581
A-87.	78582

PROGRAM MANAGEMENT EXPENSES

78583

The foregoing appropriation item 415606, Program Management	78584
Expenses, shall be used to support the administrative functions of	78585
the commission related to the provision of vocational	78586
rehabilitation, disability determination services, and ancillary	78587
programs.	78588

Sec. 379.10. RDF REVENUE DISTRIBUTION FUNDS

78589

Volunteer Firefighters' Dependents Fund	78590

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	78591
TOTAL 085 Volunteer Firefighters'							78592
Dependents Fund			$	300,000	$	300,000	78593
Agency Fund Group							78594
4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	78595
5JG0	110633	Gross Casino Revenue County Fund	$	5,778,617	$	138,882,294	78596
5JH0	110634	Gross Casino Revenue County Student Fund	$	3,852,412	$	92,588,196	78597
5JJ0	110636	Gross Casino Revenue Host City Fund	$	566,531	$	13,615,911	78598
~~5JK0~~	~~875610~~	~~Ohio State Racing Commission Fund~~	$	~~339,919~~	$	~~8,169,547~~	78599
~~5JL0~~	~~038629~~	~~Problem Casino Gambling and Addictions Fund~~	$	~~226,612~~	$	~~5,446,364~~	78600
~~5JN0~~	~~055654~~	~~Ohio Law Enforcement Training Fund~~	$	~~226,612~~	$	~~5,446,364~~	78601
6080	001699	Investment Earnings	$	50,000,000	$	150,000,000	78602
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	78603
7063	110963	Permissive Tax Distribution	$	1,904,500,000	$	1,980,700,000	78604
7067	110967	School District Income Tax	$	317,000,000	$	330,000,000	78605
TOTAL AGY Agency Fund Group			$	~~2,286,590,703~~ 2,285,797,560	$	~~2,728,948,676~~ 2,709,886,401	78606

Holding Account Redistribution	78607

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	78608
TOTAL 090 Holding Account Redistribution Fund							78609
Revenue Distribution Fund Group			$	40,000,000	$	40,000,000	78610
7049	038900	Indigent Drivers Alcohol Treatment	$	2,200,000	$	2,200,000	78611
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	78612
7051	762901	Auto Registration Distribution	$	539,000,000	$	539,000,000	78613
7054	110954	Local Government Property Tax Replacement - Utility	$	16,000,000	$	11,000,000	78614
7060	110960	Gasoline Excise Tax Fund	$	393,000,000	$	395,000,000	78615
7065	110965	Public Library Fund	$	354,000,000	$	345,000,000	78616
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	78617
7068	110968	State and Local Government Highway Distribution	$	193,000,000	$	196,000,000	78618
7069	110969	Local Government Fund	$	577,000,000	$	348,000,000	78619
7081	110981	Local Government Property Tax Replacement-Business	$	291,000,000	$	181,000,000	78620
7082	110982	Horse Racing Tax	$	100,000	$	100,000	78621
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	78622
TOTAL RDF Revenue Distribution							78623
Fund Group			$	2,410,800,000	$	2,062,800,000	78624
TOTAL ALL BUDGET FUND GROUPS			$	~~4,737,690,703~~ 4,736,897,560	$	~~4,832,048,676~~ 4,812,986,401	78625

ADDITIONAL APPROPRIATIONS

78626

Appropriation items in this section shall be used for the	78627
purpose of administering and distributing the designated revenue	78628
distribution funds according to the Revised Code. If it is	78629
determined that additional appropriations are necessary for this	78630
purpose, such amounts are hereby appropriated.	78631

GENERAL REVENUE FUND TRANSFERS

78632

Notwithstanding any provision of law to the contrary, in	78633
fiscal year 2012 and fiscal year 2013, the Director of Budget and	78634
Management may transfer from the General Revenue Fund to the Local	78635
Government Tangible Property Tax Replacement Fund (Fund 7081) in	78636
the Revenue Distribution Fund Group, those amounts necessary to	78637
reimburse local taxing units under section 5751.22 of the Revised	78638
Code. Also, in fiscal year 2012 and fiscal year 2013, the Director	78639
of Budget and Management may make temporary transfers from the	78640
General Revenue Fund to ensure sufficient balances in the Local	78641
Government Tangible Property Tax Replacement Fund (Fund 7081) and	78642
to replenish the General Revenue Fund for such transfers.	78643

Sec. 387.10. SFC SCHOOL FACILITIES COMMISSION

78644

General Revenue Fund	78645

GRF	230908		Common Schools General Obligation Debt Service		$	150,604,900		$	~~341,919,400~~ 329,919,400		78646
TOTAL GRF General Revenue Fund					$	150,604,900		$	~~341,919,400~~ 329,919,400		78647

State Special Revenue Fund Group	78648

5E30	230644	Operating Expenses	$	8,950,000	$	8,550,000	78649
TOTAL SSR State Special Revenue							78650
Fund Group			$	8,950,000	$	8,550,000	78651
TOTAL ALL BUDGET FUND GROUPS			$	159,554,900	$	~~350,469,400~~ 338,469,400	78652

Sec. 403.10. TAX DEPARTMENT OF TAXATION

78654

General Revenue Fund	78655

GRF	110321	Operating Expenses	$	73,500,000	$	~~73,550,000~~ 72,814,500	78656
GRF	110404	Tobacco Settlement Enforcement	$	200,000	$	~~200,000~~ 198,000	78657
GRF	110412	Child Support Administration	$	15,804	$	~~15,804~~ 15,646	78658
GRF	110901	Property Tax Allocation - Taxation	$	610,900,000	$	616,000,000	78659
TOTAL GRF General Revenue Fund			$	684,615,804	$	~~689,765,804~~ 689,028,146	78660

General Services Fund Group	78661

2280	110628	Tax Reform System Implementation	$	13,638,008	$	~~13,642,176~~ 13,505,754	78662
4330	110602	Tape File Account	$	197,802	$	~~197,878~~ 195,899	78663
5AP0	110632	Discovery Project	$	2,445,799	$	~~2,445,657~~ 2,421,200	78664
5BW0	110630	Tax Amnesty Promotion and Administration	$	2,500,000	$	0	78665
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	78666
5N50	110605	Municipal Income Tax Administration	$	339,798	$	~~339,975~~ 336,575	78667
5N60	110618	Kilowatt Hour Tax Administration	$	150,000	$	~~150,000~~ 148,500	78668
5V80	110623	Property Tax Administration	$	12,195,733	$	~~12,099,303~~ 11,978,310	78669
5W40	110625	Centralized Tax Filing and Payment	$	200,000	$	~~200,000~~ 198,000	78670
5W70	110627	Exempt Facility Administration	$	50,000	$	~~50,000~~ 49,500	78671
TOTAL GSF General Services							78672
Fund Group			$	31,967,140	$	~~29,374,989~~ 29,083,738	78673

State Special Revenue Fund Group	78674

4350	110607	Local Tax Administration	$	19,028,339	$	~~19,225,941~~ 19,033,682	78675
4360	110608	Motor Vehicle Audit	$	1,474,081	$	~~1,474,353~~ 1,459,609	78676
4370	110606	Litter/Natural Resource Tax Administration	$	20,000	$	~~20,000~~ 19,800	78677
4380	110609	School District Income Tax	$	5,859,041	$	~~5,860,650~~ 5,802,044	78678
4C60	110616	International Registration Plan	$	689,296	$	~~689,308~~ 682,415	78679
4R60	110610	Tire Tax Administration	$	245,462	$	~~246,660~~ 244,193	78680
5V70	110622	Motor Fuel Tax Administration	$	5,384,254	$	~~5,086,236~~ 5,035,374	78681
6390	110614	Cigarette Tax Enforcement	$	1,384,217	$	~~1,384,314~~ 1,370,471	78682
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	78683
6880	110615	Local Excise Tax Administration	$	782,630	$	~~782,843~~ 775,015	78684
TOTAL SSR State Special Revenue							78685
Fund Group			$	35,367,320	$	~~35,270,305~~ 34,922,603	78686

Agency Fund Group	78687

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	78688
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	78689
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	78690

Holding Account Redistribution Fund Group	78691

R010	110611	Tax Distributions	$	50,000	$	50,000	78692
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	78693
TOTAL 090 Holding Account							78694
Redistribution Fund Group			$	100,000	$	100,000	78695
TOTAL ALL BUDGET FUND GROUPS			$	2,319,850,264	$	~~2,322,311,098~~ 2,320,934,487	78696

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

78697

The foregoing appropriation item 110901, Property Tax	78698
Allocation - Taxation, is hereby appropriated to pay for the	78699
state's costs incurred due to the Homestead Exemption, the	78700
Manufactured Home Property Tax Rollback, and the Property Tax	78701
Rollback. The Tax Commissioner shall distribute these funds	78702
directly to the appropriate local taxing districts, except for	78703
school districts, notwithstanding the provisions in sections	78704
321.24 and 323.156 of the Revised Code, which provide for payment	78705
of the Homestead Exemption, the Manufactured Home Property Tax	78706
Rollback, and Property Tax Rollback by the Tax Commissioner to the	78707
appropriate county treasurer and the subsequent redistribution of	78708
these funds to the appropriate local taxing districts by the	78709
county auditor.	78710

Upon receipt of these amounts, each local taxing district	78711
shall distribute the amount among the proper funds as if it had	78712
been paid as real property taxes. Payments for the costs of	78713
administration shall continue to be paid to the county treasurer	78714
and county auditor as provided for in sections 319.54, 321.26, and	78715
323.156 of the Revised Code.	78716

Any sums, in addition to the amounts specifically	78717
appropriated in appropriation item 110901, Property Tax Allocation	78718
- Taxation, for the Homestead Exemption, the Manufactured Home	78719
Property Tax Rollback, and the Property Tax Rollback payments,	78720
which are determined to be necessary for these purposes, are	78721
hereby appropriated.	78722

TAX AMNESTY PROMOTION AND ADMINISTRATION

78723

The foregoing appropriation item 110630, Tax Amnesty	78724
Promotion and Administration, shall be used to pay expenses	78725
incurred to promote and administer the tax amnesty program to be	78726
conducted from May 1, 2012, through June 15, 2012, by the	78727
Department of Taxation pursuant to Section 757.40 of ~~this act~~Am.	78728
Sub. H.B. 153 of the 129th General Assembly.	78729

MUNICIPAL INCOME TAX

78730

The foregoing appropriation item 110995, Municipal Income	78731
Tax, shall be used to make payments to municipal corporations	78732
under section 5745.05 of the Revised Code. If it is determined	78733
that additional appropriations are necessary to make such	78734
payments, such amounts are hereby appropriated.	78735

TAX REFUNDS

78736

The foregoing appropriation item 110635, Tax Refunds, shall	78737
be used to pay refunds under section 5703.052 of the Revised Code.	78738
If it is determined that additional appropriations are necessary	78739
for this purpose, such amounts are hereby appropriated.	78740

INTERNATIONAL REGISTRATION PLAN AUDIT

78741

The foregoing appropriation item 110616, International	78742
Registration Plan, shall be used under section 5703.12 of the	78743
Revised Code for audits of persons with vehicles registered under	78744
the International Registration Plan.	78745

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

78746

Of the foregoing appropriation item 110607, Local Tax	78747
Administration, the Tax Commissioner may disburse funds, if	78748
available, for the purposes of paying travel expenses incurred by	78749
members of Ohio's delegation to the Streamlined Sales Tax Project,	78750
as appointed under section 5740.02 of the Revised Code. Any travel	78751
expense reimbursement paid for by the Department of Taxation shall	78752
be done in accordance with applicable state laws and guidelines.	78753

CENTRALIZED TAX FILING AND PAYMENT FUND

78754

The Director of Budget and Management, under a plan submitted	78755
by the Tax Commissioner, or as otherwise determined by the	78756
Director of Budget and Management, shall set a schedule to	78757
transfer cash from the General Revenue Fund to the credit of the	78758
Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers	78759
of cash shall not exceed $400,000 in the biennium.	78760

TOBACCO SETTLEMENT ENFORCEMENT

78761

The foregoing appropriation item 110404, Tobacco Settlement	78762
Enforcement, shall be used by the Tax Commissioner to pay costs	78763
incurred in the enforcement of divisions (F) and (G) of section	78764
5743.03 of the Revised Code.	78765

Sec. 411.10. DVS DEPARTMENT OF VETERANS SERVICES

78766

General Revenue Fund	78767

GRF	900321	Veterans' Homes	$	27,369,946	$	27,369,946	78768
GRF	900402	Hall of Fame	$	107,075	$	107,075	78769
GRF	900408	Department of Veterans Services	$	1,901,823	$	~~1,901,823~~ 2,001,823	78770
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	5,486,600	$	10,112,100	78771
TOTAL GRF General Revenue Fund			$	34,865,444	$	~~39,490,944~~ 39,590,944	78772

General Services Fund Group	78773

4840	900603		Veterans' Homes Services		$	305,806		$	312,458		78774
TOTAL GSF General Services Fund Group					$	305,806		$	312,458		78775

Federal Special Revenue Fund Group	78776

3680	900614	Veterans Training	$	769,500	$	754,377	78777
3740	900606	Troops to Teachers	$	136,786	$	133,461	78778
3BX0	900609	Medicare Services	$	2,500,000	$	2,490,169	78779
3L20	900601	Veterans' Homes Operations - Federal	$	23,455,379	$	23,476,269	78780
TOTAL FED Federal Special Revenue							78781
Fund Group			$	26,861,665	$	26,854,276	78782

State Special Revenue Fund Group	78783

4E20	900602	Veterans' Homes Operating	$	10,117,680	$	10,319,078	78784
6040	900604	Veterans' Homes Improvement	$	347,598	$	398,731	78785
TOTAL SSR State Special Revenue							78786
Fund Group			$	10,465,278	$	10,717,809	78787

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	78788

7041	900615	Veteran Bonus Program - Administration	$	1,605,410	$	1,147,703	78789
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	25,425,000	$	24,300,000	78790
TOTAL 041 Persian Gulf,							78791
Afghanistan, and Iraq							78792
Compensation Fund Group			$	27,030,410	$	25,447,703	78793
TOTAL ALL BUDGET FUND GROUPS			$	99,528,603	$	~~102,823,190~~ 102,923,190	78794

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	78795
OBLIGATION DEBT SERVICE	78796

The foregoing appropriation item 900901, Persian Gulf,	78797
Afghanistan and Iraq Compensation Debt Service, shall be used to	78798
pay all debt service and related financing costs during the period	78799
from July 1, 2011, through June 30, 2013, on obligations issued	78800
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	78801
purposes under sections 151.01 and 151.12 of the Revised Code.	78802

Sec. 415.10. DYS DEPARTMENT OF YOUTH SERVICES

78803

General Revenue Fund	78804

GRF	470401	RECLAIM Ohio	$	168,716,967	$	162,362,228	78805
GRF	470412	Lease Rental Payments	$	10,221,800	$	27,230,100	78806
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	78807
GRF	472321	Parole Operations	$	10,830,019	$	10,583,118	78808
GRF	477321	Administrative Operations	$	12,222,051	$	11,855,389	78809
TOTAL GRF General Revenue Fund			$	218,693,565	$	228,733,563	78810

General Services Fund Group	78811

1750	470613	Education Reimbursement	$	8,160,277	$	~~8,151,056~~ 6,251,056	78812
4790	470609	Employee Food Service	$	150,000	$	150,000	78813
4A20	470602	Child Support	$	450,000	$	400,000	78814
4G60	470605	General Operational Funds	$	125,000	$	125,000	78815
5BN0	470629	E-Rate Program	$	535,000	$	535,000	78816
TOTAL GSF General Services							78817
Fund Group			$	9,420,277	$	~~9,361,056~~ 7,461,056	78818

Federal Special Revenue Fund Group	78819

3210	470601	Education	$	1,774,469	$	1,517,840	78820
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	78821
3210	470606	Nutrition	$	1,747,432	$	~~1,704,022~~ 1,400,000	78822
3210	470610	Rehabilitation Programs	$	36,000	$	~~36,000~~ 0	78823
3210	470614	Title IV-E Reimbursements	$	6,000,000	$	6,000,000	78824
3BY0	470635	Federal Juvenile Programs FFY 07	$	56,471	$	2,000	78825
3BZ0	470636	Federal Juvenile Programs FFY 08	$	82,000	$	1,618	78826
3CP0	470638	Federal Juvenile Programs FFY 09	$	500,000	$	300,730	78827
3CR0	470639	Federal Juvenile Programs FFY 10	$	800,000	$	479,900	78828
3FB0	470641	Federal Juvenile Programs FFY 11	$	135,000	$	600,000	78829
3FC0	470642	Federal Juvenile Programs FFY 12	$	0	$	135,000	78830
3V50	470604	Juvenile Justice/Delinquency Prevention	$	2,010,000	$	2,000,000	78831
TOTAL FED Federal Special Revenue							78832
Fund Group			$	13,441,372	$	~~13,077,110~~ 12,737,088	78833

State Special Revenue Fund Group	78834

1470	470612	Vocational Education	$	762,126	$	758,210	78835
TOTAL SSR State Special Revenue							78836
Fund Group			$	762,126	$	758,210	78837
TOTAL ALL BUDGET FUND GROUPS			$	242,317,340	$	~~251,929,939~~ 249,689,917	78838

COMMUNITY PROGRAMS

78839

For purposes of implementing juvenile sentencing reforms, and	78840
notwithstanding any provision of law to the contrary, the	78841
Department of Youth Services may use up to forty-five per cent of	78842
the unexpended, unencumbered balance of the portion of	78843
appropriation item 470401, RECLAIM Ohio, that is allocated to	78844
juvenile correctional facilities in each fiscal year to expand	78845
Targeted RECLAIM, the Behavioral Health Juvenile Justice	78846
Initiative, and other evidence-based community programs.	78847

OHIO BUILDING AUTHORITY LEASE PAYMENTS

78848

The foregoing appropriation item 470412, Lease Rental	78849
Payments, shall be used to meet all payments at the times they are	78850
required to be made for the period from July 1, 2011, through June	78851
30, 2013, by the Department of Youth Services to the Ohio Building	78852
Authority under the leases and agreements for facilities made	78853
under Chapter 152. of the Revised Code. This appropriation is the	78854
source of funds pledged for bond service charges on related	78855
obligations issued pursuant to Chapter 152. of the Revised Code.	78856

EDUCATION REIMBURSEMENT

78857

The foregoing appropriation item 470613, Education	78858
Reimbursement, shall be used to fund the operating expenses of	78859
providing educational services to youth supervised by the	78860
Department of Youth Services. Operating expenses include, but are	78861
not limited to, teachers' salaries, maintenance costs, and	78862
educational equipment. This appropriation item may be used for	78863
capital expenses related to the education program.	78864

EMPLOYEE FOOD SERVICE AND EQUIPMENT

78865

Notwithstanding section 125.14 of the Revised Code, the	78866
foregoing appropriation item 470609, Employee Food Service, may be	78867
used to purchase any food operational items with funds received	78868
into the fund from reimbursements for state surplus property.	78869

FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES

78870

In collaboration with the county family and children first	78871
council, the juvenile court of that county that receives	78872
allocations from one or both of the foregoing appropriation items	78873
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer	78874
portions of those allocations to a flexible funding pool as	78875
authorized by the section of ~~this act~~Am. Sub. H.B. 153 of the	78876
129th General Assembly titled "FAMILY AND CHILDREN FIRST FLEXIBLE	78877
FUNDING POOL."	78878

Sec. 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	78879
BALANCES OF OPERATING APPROPRIATIONS	78880

(A) An unexpended balance of an operating appropriation or	78881
reappropriation that a state agency lawfully encumbered prior to	78882
the close of a fiscal year is hereby reappropriated on the first	78883
day of July of the following fiscal year from the fund from which	78884
it was originally appropriated or reappropriated for the following	78885
period and shall remain available only for the purpose of	78886
discharging the encumbrance:	78887

(1) For an encumbrance for personal services, maintenance,	78888
equipment, or items for resale, other than an encumbrance for an	78889
item of special order manufacture not available on term contract	78890
or in the open market or for reclamation of land or oil and gas	78891
wells, for a period of not more than five months from the end of	78892
the fiscal year;	78893

(2) For an encumbrance for an item of special order	78894
manufacture not available on term contract or in the open market,	78895
for a period of not more than five months from the end of the	78896
fiscal year or, with the written approval of the Director of	78897
Budget and Management, for a period of not more than twelve months	78898
from the end of the fiscal year;	78899

(3) For an encumbrance for reclamation of land or oil and gas	78900
wells, for a period ending when the encumbered appropriation is	78901
expended or for a period of two years, whichever is less;	78902

(4) For an encumbrance for any other expense, for such period	78903
as the Director approves, provided such period does not exceed two	78904
years.	78905

(B) Any operating appropriations for which unexpended	78906
balances are reappropriated beyond a five-month period from the	78907
end of the fiscal year by division (A)(2) of this section shall be	78908
reported to the Controlling Board by the Director of Budget and	78909
Management by the thirty-first day of December of each year. The	78910
report on each such item shall include the item, the cost of the	78911
item, and the name of the vendor. The report shall be updated on a	78912
quarterly basis for encumbrances remaining open.	78913

(C) Upon the expiration of the reappropriation period set out	78914
in division (A) of this section, a reappropriation made by this	78915
section lapses, and the Director of Budget and Management shall	78916
cancel the encumbrance of the unexpended reappropriation not later	78917
than the end of the weekend following the expiration of the	78918
reappropriation period.	78919

(D) Notwithstanding division (C) of this section, with the	78920
approval of the Director of Budget and Management, an unexpended	78921
balance of an encumbrance that was reappropriated on the first day	78922
of July by this section for a period specified in division (A)(3)	78923
or (4) of this section and that remains encumbered at the close of	78924
the fiscal biennium is hereby reappropriated on the first day of	78925
July of the following fiscal biennium from the fund from which it	78926
was originally appropriated or reappropriated for the applicable	78927
period specified in division (A)(3) or (4) of this section and	78928
shall remain available only for the purpose of discharging the	78929
encumbrance.	78930

(E) The Director of Budget and Management may correct	78931
accounting errors committed by the staff of the Office of Budget	78932
and Management, such as ~~re-establishing~~reestablishing	78933
encumbrances or appropriations cancelled in error, during the	78934
cancellation of operating encumbrances in November and of	78935
nonoperating encumbrances in December.	78936

(F) The Director of Budget and Management may at any time	78937
correct accounting errors committed by the staff of a state	78938
institution of higher education, as defined in section 3345.011 of	78939
the Revised Code, such as reestablishing prior year nonoperating	78940
encumbrances canceled or modified in error. The reestablished	78941
encumbrance amounts are hereby appropriated.	78942

(G) If the Controlling Board approved a purchase, that	78943
approval remains in effect so long as the appropriation used to	78944
make that purchase remains encumbered.	78945

Sec. 521.70. OVERSIGHT OF FEDERAL STIMULUS FUNDS

78946

(A) The Office of Internal Auditing within the Office of	78947
Budget and Management shall, in connection with its duties under	78948
sections 126.45 to 126.48 of the Revised Code, monitor and measure	78949
the effectiveness of funds allocated to the state as part of the	78950
federal American Recovery and Reinvestment Act of 2009. As such,	78951
the Office of Internal Auditing shall review how funds allocated	78952
to each state agency are spent. For purposes of this section,	78953
"state agency" has the same meaning as in division (A) of section	78954
126.45 of the Revised Code.	78955

In addition to the reports required under section 126.47 of	78956
the Revised Code, the Office of Internal Auditing shall ~~submit~~	78957
prepare a report of its findings for the period beginning July 1,	78958
2011, and ending December 31, 2011. The Office shall submit the	78959
report to the President of the Senate, Minority Leader of the	78960
Senate, Speaker of the House of Representatives, Minority Leader	78961
of the House of Representatives, and the Chairs of the committees	78962
in the Senate and House of Representatives handling finance and	78963
appropriations~~. The report shall be submitted every six months at~~	78964
~~the following intervals:~~	78965

~~(1) For the six-month period ending December 31, 2011, not~~	78966
~~later than~~by February 1, 2012;	78967

~~(2) For the six-month period ending June 30, 2012, not later~~	78968
~~than August 1, 2012;~~	78969

~~(3) For the six-month period ending December 31, 2012, not~~	78970
~~later than February 1, 2013;~~	78971

~~(4) For the six-month period ending June 30, 2013, not later~~	78972
~~than August 1, 2013~~.	78973

(B) When, as part of its compliance with the federal American	78974
Recovery and Reinvestment Act of 2009 requirements to monitor and	78975
measure the effectiveness of funds for which the state of Ohio is	78976
the prime recipient, and for which reporting authority has not	78977
been delegated to a ~~sub-recipient~~subrecipient, the Office of	78978
Budget and Management submits quarterly reports to the federal	78979
government, the Office of Budget and Management shall also submit	78980
those reports to the President of the Senate, Minority Leader of	78981
the Senate, Speaker of the House of Representatives, Minority	78982
Leader of the House of Representatives, and Chairs and ranking	78983
members of the committees in the Senate and House of	78984
Representatives handling finance and appropriations. The Office of	78985
Budget and Management shall continue to submit quarterly reports	78986
to the legislature for the duration of the period in which the	78987
state of Ohio is required to make reports to the federal	78988
government concerning Ohio's use of the federal American Recovery	78989
and Reinvestment Act of 2009 funds.	78990

Sec. 701.40. (A) There is hereby created the Ohio Housing	78991
Study Committee with the purpose of formulating a comprehensive	78992
review of the policies and results of the Ohio Housing Finance	78993
Agency, its programs and its working relationships to ensure that	78994
all Agency programs are evaluated by an objective process to	78995
ensure all Ohioans receive optimal and measurable benefits	78996
afforded to them through the authority of the Agency.	78997

(B) The Committee shall do all of the following:

78998

(1) Perform a comprehensive review of Chapter 175. of the	78999
Revised Code to determine the relevance of the chapter and	79000
determine whether it should be formally reviewed or amended by the	79001
General Assembly, up to and including appropriate legislative	79002
oversight and accountability;	79003

(2) Review the Agency's relationships to ensure an equitable	79004
and level playing field regarding its single- and multi-family	79005
housing programs;	79006

(3) Review the Agency's policy leadership and the measurable	79007
economic impact and other effects of its programs;	79008

(4) Review the Agency's Qualified Allocation Plan development	79009
process and underlying policies to understand whether objective	79010
and measurable results are achieved to fulfill clearly articulated	79011
public policy goals;	79012

(5) Create a quantitative report measuring the economic	79013
benefits of the Agency's single- and multi-family programming over	79014
the last ten years;	79015

(6) Evaluate the possible efficiencies of combining existing	79016
Ohio Department of Development housing-related programming with	79017
those of the Agency.	79018

The Chairperson of the Committee may include other relevant	79019
areas of study as necessary.	79020

(C) The Committee shall commence on ~~the effective date of~~	79021
~~this act~~September 29, 2011, and shall provide a report expressing	79022
its findings and financial, policy, or legislative recommendations	79023
to the Governor, the Speaker of the House of Representatives, and	79024
the President of the Senate on or before March 31, 2012. The	79025
Committee shall cease to exist on December 31, 2012.	79026

(D) The Committee shall be comprised of the Auditor of State,	79027
or the Auditor's designee, the Director of Commerce, or the	79028
Director's designee, the Director of Development, or the	79029
Director's designee, and four members of the General Assembly. Two	79030
members shall be appointed by the Speaker of the House of	79031
Representatives and two members shall be appointed by the	79032
President of the Senate.	79033

The Governor, Speaker of the House of Representatives, and	79034
the President of the Senate shall determine the chairperson of the	79035
Committee.	79036

(E) The Committee shall meet on a reasonable basis at the	79037
discretion of the chairperson.	79038

(F) All reasonable expenses incurred by the Committee in	79039
carrying out its responsibilities shall be paid by Ohio Housing	79040
Finance Agency funds. In addition to reasonable expenses, the	79041
Committee shall have the discretion to allocate Agency funds to	79042
contract with the Auditor of State for services rendered in	79043
relation to the Committee carrying out its responsibilities,	79044
including financial- and performance-based audits and other	79045
services. The Auditor of State may contract with an independent	79046
auditor.	79047

The Committee may also contract with other independent	79048
entities for services rendered in relation to the Committee	79049
carrying out its responsibilities. Expenditures to pay for the	79050
services of the Auditor of State, independent auditor, or other	79051
services shall not exceed two hundred thousand dollars.	79052

No entity contracting with the Committee for services	79053
rendered shall have a financial or vested interest in the Ohio	79054
Housing Finance Agency, its affiliates, or its nonprofit partners.	79055

Sec. 753.25. (A) The Governor is authorized to execute a deed	79056
in the name of the state conveying to the Board of County Hospital	79057
Trustees of The MetroHealth System ("MetroHealth"), in the name of	79058
the County of Cuyahoga, State of Ohio, its successors and assigns,	79059
all of the state's right, title, and interest in the following	79060
~~listed parcels of~~described real estate located in the County of	79061
Cuyahoga, State of Ohio: ~~00821- 008, 00821-009, 00821-010,~~	79062
~~00821-011, 00821-012, 00821-013, 00821-014, 00821-015, 00821-016,~~	79063
~~and 00821-017.~~	79064

~~In preparing the deed, the Auditor of State, with the~~	79065
~~assistance of the Attorney General, shall develop a legal~~	79066
~~description of the real estate in conformity with the actual~~	79067
~~bounds of the real estate.~~	79068

Parcel I	79069

Description of a 2.732 Acre Tract	79070

Located northerly of the intersection of South Point Drive and	79071
Ginger Court, Cleveland, Ohio.	79072

Situated in the City of Cleveland, County of Cuyahoga, State of	79073
Ohio, being part of the Original Brooklyn Township Lot No. 73,	79074
Range 13 West, Township 7 North of the Connecticut Western Reserve	79075
Survey and being all of a tract of land as conveyed to the State	79076
of Ohio by deed of record in Deed Volume 10350, Page 563 and being	79077
of all of sublot numbers 18 through 26 and part of sublot number	79078
27 as shown in the East View Addition by plat of record in Plat	79079
Volume 16, Page 19 as conveyed to the State of Ohio by deeds of	79080
records in Deed Volume 6640, Page 166; Deed Volume 6640, Page 168;	79081
Deed Volume 7285, Page 321; Deed Volume 7227, Page 11; Deed Volume	79082
7678, Page 487; Deed Volume 7627, Page 589; Deed Volume 7287, page	79083
718; Deed Volume 7285, page 319; Deed Volume 7420, Page 102; and	79084
Deed Volume 7638, Page 296 respectively; all record document	79085
references in this legal description being to the Recorder's	79086
Office, Cuyahoga County, Ohio and being more particularly bounded	79087
and described as follows:	79088

Beginning at the southwesterly corner of said sublot 18, at a	79089
southeasterly corner of a tract of land conveyed to the County of	79090
Cuyahoga, Ohio by deed of record in Automatic Filing Number	79091
(A.F.N.) 199911231424 and on the northerly right-of-way line of	79092
South Point Drive, 50 feet in width and also known as Aiken	79093
Avenue, said point also being the TRUE POINT OF BEGINNING of the	79094
herein described tract of land;	79095

01. Thence North 00°02'06" West, a distance of 362.37 feet along	79096
the extension of and the westerly line of said sublot number 18,	79097
along the westerly line of said State of Ohio tract as conveyed in	79098
Deed Volume 10350, Page 563 and along an easterly line of said	79099
County of Cuyahoga, Ohio tract to a point;	79100

02. Thence South 76°52' 15" East, a distance of 415.12 feet along	79101
the northerly line of said State of Ohio tract as conveyed in Deed	79102
Volume 10350, Page 563 and along a southerly line of said County	79103
of Cuyahoga, Ohio tract to a point;	79104

03. Thence South 13°06'56" West, a distance of 275.04 feet along	79105
the easterly line of said State of Ohio tract as conveyed in Deed	79106
Volume 10350, Page 563, along a westerly line of said County of	79107
Cuyahoga tract and along the westerly line of a tract of land as	79108
conveyed to the Board of Trustees of the Cuyahoga County Hospital	79109
by deed of record in Deed Volume 11670, Page 921 passing through	79110
said sublot number 27 to a point on the southerly line of said	79111
sublot number 27 and on the northerly right-of-way line of said	79112
South Point Drive;	79113

04. Thence South 89°57'54" West, a distance of 341.64 feet along	79114
the southerly lines of said sublot numbers 27, 26, 25, 24, 23, 22,	79115
21, 20, 19 and 18 and along the northerly line of said South Point	79116
Drive to the True Point of Beginning and containing 2.732 acres,	79117
more or less, and subject to all legal easements, restrictions,	79118
reservations, conditions and right-of-ways of previous record.	79119

The basis of bearing in this description is based on the	79120
centerline line of South Point Drive being	79121

North 89°58'22" East as recorded in the Map of Lot Split and	79122
Consolidation for The County of Cuyahoga in Plat Volume 300, Page	79123
30.	79124

This description is intended to describe Cuyahoga County Auditor's	79125
parcel numbers 008-21-008, 008-21-009, 008-21-010, 008-21-011,	79126
008-21-012, 008-21-013, 008-21-014, 008-21-015, 008-21 -016 and	79127
008-21-017.	79128

This description is based on a field survey made by Michael Benza	79129
& Associates, Inc. in October 2011 under project number 5290.	79130

Parcel 2	79131

Description of a 0.597 Acre Tract	79132

Located southwesterly of the intersection of South Point Drive and	79133
Ginger Court, Cleveland, Ohio.	79134

Situated in the City of Cleveland, County of Cuyahoga, State of	79135
Ohio, being part of the Original Brooklyn Township Lot No. 73,	79136
Range 13 West, Township 7 North of the Connecticut Western Reserve	79137
Survey and being of all of sublot numbers 32 through 38 and part	79138
of sublot number 39 as shown in the East View Addition by plat of	79139
record in Plat Volume 16, Page 19 as conveyed to the State of Ohio	79140
by deeds of records in Deed Volume 11317, Page 91; Deed Volume	79141
11369, Page 27; Deed Volume 12168, Page 997; Deed Volume 12117,	79142
Page 239; Deed Volume 11861, Page 587; Deed Volume 12111, Page 951	79143
and Deed Volume 11870, page 961; respectively; all record document	79144
references in this legal description being to the Recorder's	79145
Office, Cuyahoga County, Ohio and being more particularly bounded	79146
and described as follows:	79147

Beginning at the northeasterly corner of said sublot number 32, at	79148
the southwesterly corner of the intersection of South Point Drive,	79149
50 feet in width and also known as Aiken Avenue, and Ginger Court,	79150
12 feet in width, said point also being the TRUE POINT OF	79151
BEGINNING of the herein described tract of land;	79152

01. Thence South 02°57'49" West, a distance of 94.11 feet along	79153
the easterly line of said sublot number 32 and along the westerly	79154
right-of-way line of said Ginger Court to a point;	79155

02. Thence South 46°10'37" West, a distance of 8.77 feet along the	79156
southeasterly line of said sublot number 32 and along the	79157
northwesterly right-of-way line of said Ginger Court to a point;	79158

03. Thence South 89°58'22" West, a distance of 251.42 feet along	79159
the southerly lines of said sublot numbers 32 through 29 and along	79160
the northerly line of said Ginger Court to a point;	79161

04. Thence North 00°01'38" West, a distance of 100.05 feet along	79162
the westerly of line of the said tract of land conveyed to the	79163
State of Ohio by Deed Volume 11870, Page 961 and along the	79164
easterly line of the tract of land as conveyed to the County of	79165
Cuyahoga by deed of record in Deed Volume 12525, Page 665 to a	79166
point on the southerly right-of-way line of said South Point	79167
Drive;	79168

05. Thence North 89°58'18" East, a distance of 262.66 feet along	79169
the northerly lines of said sublot numbers 39, 38, 37, 36, 35, 34,	79170
33 and 32 and along the southerly line of said South Point Drive	79171
to the True Point of Beginning and containing 0.597 acres, more or	79172
less, and subject to all legal easements, restrictions,	79173
reservations, conditions and right-of-ways of previous record.	79174

The basis of bearing in this description is based on the	79175
centerline line of South Point Drive being North 89°57'55" East as	79176
recorded in the Map of Lot Split and Consolidation for The County	79177
of Cuyahoga in Plat Volume 300, Page 30.	79178

This description is intended to describe Cuyahoga County Auditor's	79179
parcel numbers 008-21-019, 008-21-020, 008-21-021, 008-21-022,	79180
008-21-023, 008-21-024 and 008-21-025.	79181

This description is based on a field survey made by Michael Benza	79182
& Associates, Inc. in October 2011 under project number 5290.	79183

Parcel 3	79184

Description of a 0.035 Acre Tract	79185

Located southeasterly of the intersection of South Point Drive and	79186
Ginger Court, Cleveland, Ohio.	79187

Situated in the City of Cleveland, County of Cuyahoga, State of	79188
Ohio, being part of the Original Brooklyn Township Lot No. 73,	79189
Range 13 West, Township 7 North of the Connecticut Western Reserve	79190
Survey and being part of sublot numbers 29, 30 and 31 as shown in	79191
the East View Addition by plat of record in Plat Volume 16, Page	79192
19 as conveyed to the State of Ohio by deeds of records in Deed	79193
Volume 11177, Page 349; Deed Volume 11164, Page 285 and Deed	79194
Volume 11165, Page 113; respectively; all record document	79195
references in this legal description being to the Recorder's	79196
Office, Cuyahoga County, Ohio and being more particularly bounded	79197
and described as follows:	79198

Beginning at the northwesterly corner of said sublot number 29, at	79199
a southeasterly corner of the intersection of South Point Drive,	79200
50 feet in width and also known as Aiken Avenue, and Ginger Court,	79201
12 feet in width, said point also being the TRUE POINT OF	79202
BEGINNING of the herein described tract of land;	79203

01. Thence North 89°57'55" East, a distance of 15.85 feet along	79204
the northerly line of said sublot number 29 and along the	79205
southerly right-of-way line of said South Point Drive to a point	79206
on the northwesterly corner of a tract of land conveyed to the	79207
Cuyahoga County Commissioners, Cuyahoga County, Ohio by deed of	79208
record in Automatic Filing Number (A.F.N.) 199904160080,	79209
designated as State Parcel 3049EL;	79210

02. Thence along a curve to the right having a radius of 23.50	79211
feet, an arc length of 23.01 feet a chord bearing South 39°31'07"	79212
East and chord distance of 22.10 feet and along an easterly line	79213
of said Cuyahoga County Commissioners tract, passing through said	79214
sublot number 29 to a point;	79215

03. Thence along a curve to the right having a radius of 520.30	79216
feet, an arc length of 73.94 feet, a chord bearing of South	79217
27°33'59" West and a chord distance of 73.88 feet and along an	79218
easterly line of said Cuyahoga County Commissioners tract, passing	79219
through said sublot numbers 29, 30 and 31 to a point on the	79220
easterly right-of-way line of said Ginger Court;	79221

04. Thence North 02°57'49" East, a distance of 82.65 feet along	79222
the westerly of lines of said sublot numbers 31, 30 and 29 and	79223
along the easterly right-of-way line of said Ginger Court to the	79224
True Point of Beginning and containing 0.035 acres, more or less,	79225
and subject to all legal easements, restrictions, reservations,	79226
conditions and right-of-ways of previous record.	79227

The basis of bearing in this description is based on the	79228
centerline line of South Point Drive being North 89°57'55" East as	79229
recorded in the Map of Lot Split and Consolidation for The County	79230
of Cuyahoga in Plat Volume 300, Page 30.	79231

This description is intended to describe Cuyahoga County Auditor's	79232
parcel numbers 008-21-074, 008-21-075 and 008-21-076.	79233

This description is based on a field survey made by Michael Benza	79234
& Associates, Inc. in October	79235

2011 under project number 5290.	79236

Parcel 4	79237

Description of a 0.494 Acre Tract	79238

Located northerly of the Eglindale Avenue, southerly of Ginger	79239
Court and easterly of Scranton Road Cleveland, Ohio.	79240

Situated in the City of Cleveland, County of Cuyahoga, State of	79241
Ohio, being part of the Original Brooklyn Township Lot No. 73,	79242
Range 13 West, Township 7 North of the Connecticut Western Reserve	79243
Survey and being all of sublot numbers 77 through 81 and being	79244
part of sublot numbers 82 and 83 as shown in the East View	79245
Addition by plat of record in Plat Volume 16, Page 19 as conveyed	79246
to the State of Ohio by deeds of records in Deed Volume 12789,	79247
Page 311; Deed Volume 12930, Page 567; Deed Volume 12781, Page	79248
999; Deed Volume 12902, Page 155; Deed Volume 12773, Page 135;	79249
Deed Volume 12777, Page 287 and Deed Volume 11362, Page 445;	79250
respectively; all record document references in this legal	79251
description being to the Recorder's Office, Cuyahoga County, Ohio	79252
and being more particularly bounded and described as follows:	79253

Beginning at the southwesterly corner of said sublot number 77 and	79254
on the northerly right-of-way line of Eglindale Avenue, 50 feet in	79255
width, said point also being the TRUE POINT OF BEGINNING of the	79256
herein described tract of land;	79257

01. Thence North 00º01'38" West, a distance of 100.02 feet along	79258
the westerly line of said sublot number 77 and along the easterly	79259
line of a tract of land as conveyed to the County of Cuyahoga by	79260
deed of record in Deed Volume 12527, Page 595 to a point on the	79261
southerly right-of-way line of Ginger Court;	79262

02. Thence North 89°58'22" East, a distance of 255.00 feet along	79263
the northerly lines of said sublot numbers 77 through 83 and along	79264
the southerly right-of-way line of Ginger Court to a point on an	79265
westerly line of a tract of land conveyed to the Cuyahoga County	79266
Commissioners, Cuyahoga County, Ohio by deed of record in	79267
Automatic Filing Number (A.F.N.) 199904160080, designated as State	79268
Parcel 3049EL;	79269

03. Thence South 38°37'28" West, a distance of 128.09 feet along	79270
an easterly line of said Cuyahoga County Commissioners tract,	79271
passing through said sublot numbers 82 and 83 to a point on the	79272
southeasterly corner of said sublot 81 and on the northerly	79273
right-of-way line of said Eglindale Avenue;	79274

04. Thence South 89°58'45" West, a distance of 175.00 feet along	79275
the southerly lines of said sublot numbers 81, 80, 79, 78 and 77	79276
and along the northerly right-of-way line of said Eglindale Avenue	79277
to the True Point of Beginning and containing 0.494 acres, more or	79278
less, and subject to all legal easements, restrictions,	79279
reservations, conditions and right-of- ways of previous record.	79280

The basis of bearing in this description is based on the	79281
centerline line of Eglindale Avenue being North 89°58'45" East as	79282
recorded in the Map of Lot Split and Consolidation for The County	79283
of Cuyahoga in Plat Volume 300, Page 30.	79284

This description is intended to describe Cuyahoga County Auditor's	79285
parcel numbers 008-21-040, 008-21-041,008-21-042, 008-21-043,	79286
008-21-044, 008-21-045 and 008-21-046.	79287

This description is based on a field survey made by Michael Benza	79288
& Associates, Inc. in October 2011 under project number 5290.	79289

This description may be modified to final form if modifications	79290
are needed.	79291

Authority to complete this conveyance is dependent upon the	79292
City of Cleveland's release of its reversionary interest in the	79293
property, where applicable.	79294

Notwithstanding ORC Chapter 5709, on the effective date of this	79295
section, any real estate taxes, interest, penalties, or	79296
assessments, if any, now payable or as a lien on the parcels of	79297
this section, are abated, remitted, and exempted.	79298

(B) Consideration for conveyance of the real estate shall be	79299
ten dollars.	79300

(C) The state shall convey the real estate described in	79301
division (A) of this section together with the building situated	79302
upon it, along with the amount of $3,400,000 to demolish the	79303
building. Notwithstanding any provision of law to the contrary,	79304
the Director of Mental Health shall disburse $3,400,000 from	79305
appropriation item C58010, Campus Consolidation, as set forth in	79306
Sub. H.B. 462 of the 128th General Assembly, to the grantee within	79307
thirty days after the conveyance of the real estate. After the	79308
disbursement, the state shall, within four months, complete a	79309
physical inventory of assets, relocate assets that are to be	79310
removed from the building, and itemize assets that are to remain	79311
with the transferred real estate and building.	79312

(D) The real estate described in division (A) of this section	79313
shall be sold as an entire tract and not in parcels.	79314

(E) The grantee shall pay all costs associated with the	79315
purchase and conveyance of the real estate, including costs of any	79316
surveys and recordation costs of the deed.	79317

(F) The grantee shall not, during any period that any bonds	79318
issued by the state to finance or refinance all or a portion of	79319
the real estate described in division (A) of this section are	79320
outstanding, use any portion of the real estate for a private	79321
business use without the prior written consent of the state. As	79322
used in this division:	79323

(1) "Private business use" means use, directly or indirectly,	79324
in a trade or business carried on by any private person other than	79325
use as a member of, and on the same basis as, the general public.	79326
Any activity carried on by a private person who is not a natural	79327
person shall be presumed to be a trade or business.	79328

(2) "Private person" means any natural person or any	79329
artificial person, including a corporation, partnership, limited	79330
liability company, trust, or other entity and including the United	79331
States or any agency or instrumentality of the United States, but	79332
excluding any state, territory, or possession of the United	79333
States, the District of Columbia, or any political subdivision	79334
thereof that is referred to as a "state or local governmental	79335
unit" in Treasury Regulation 1.103-1(a) and any person that is	79336
acting solely and directly as an officer or employee of or on	79337
behalf of such a governmental unit.	79338

(G) The grantee shall not sell, convey, or transfer ownership	79339
of the real estate described in division (A) of this section	79340
before December 1, 2019, or before receiving written confirmation	79341
from the state that all of the state's bonded capital indebtedness	79342
associated with any of the buildings located on the real estate	79343
has been fully satisfied.	79344

(H) The Auditor of State, with the assistance of the Attorney	79345
General, shall prepare a deed to the real estate. The deed shall	79346
state the consideration and the conditions and restrictions and	79347
shall be executed by the Governor in the name of the state,	79348
countersigned by the Secretary of State, sealed with the Great	79349
Seal of the State, presented in the Office of the Auditor of State	79350
for recording, and delivered to the grantee. The grantee shall	79351
present the deed for recording in the Office of the Cuyahoga	79352
County Recorder.	79353

(I) This section expires one year after its effective date.

79354

Section 601.41. That existing Sections 205.10, 207.10,	79355
207.10.80, 207.20.10, 207.20.30, 207.20.90, 209.10, 209.20,	79356
209.30, 211.10, 215.10, 215.20, 223.10, 229.10, 243.10, 245.10,	79357
261.10.40, 261.10.70, 261.20.40, 261.20.50, 261.20.60, 261.20.80,	79358
261.20.90, 261.30.10, 261.30.20, 261.30.30, 261.30.40, 261.30.60,	79359
261.30.70, 261.30.80, 261.30.90, 261.40.10, 263.10, 263.10.30,	79360
263.10.90, 263.20.40, 263.20.70, 267.10, 267.10.10, 267.10.20,	79361
267.10.40, 267.30.20, 267.30.40, 267.40.40, 279.10, 283.10,	79362
285.10, 287.10, 291.10, 305.10, 307.10, 309.10, 309.30.10,	79363
309.30.30, 309.30.33, 309.30.53, 309.30.73, 309.35.73, 309.60.20,	79364
313.10, 315.10, 323.10, 327.10, 337.10, 343.10, 343.40, 365.10,	79365
367.10, 369.10, 371.10, 371.30.30, 371.50.61, 371.50.65,	79366
371.60.80, 373.10, 375.10, 379.10, 387.10, 403.10, 411.10, 415.10,	79367
503.50, 521.70, 701.40, and 753.25 of Am. Sub. H.B. 153 of the	79368
129th General Assembly are hereby repealed.	79369

Section 601.43. That Section 247.10 of Am. Sub. H.B. 153 of	79370
the 129th General Assembly, as amended by Sub. H.B. 319 of the	79371
129th General Assembly, be amended to read as follows:	79372

Sec. 247.10. CEB CONTROLLING BOARD

79373

General Revenue Fund	79374

GRF	911404	Mandate Assistance	$	2,750,000	$	0	79375
GRF	911441	Ballot Advertising Costs	$	475,000	$	475,000	79376
TOTAL GRF General Revenue Fund			$	3,225,000	$	475,000	79377

General Services Fund Group	79378

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	79379
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	79380
TOTAL ALL BUDGET FUND GROUPS			$	13,225,000	$	10,475,000	79381

FEDERAL SHARE

79382

In transferring appropriations to or from appropriation items	79383
that have federal shares identified in this act, the Controlling	79384
Board shall add or subtract corresponding amounts of federal	79385
matching funds at the percentages indicated by the state and	79386
federal division of the appropriations in this act. Such changes	79387
are hereby appropriated.	79388

REDISTRICTING IMPLEMENTATION

79389

The foregoing appropriation item 911404, Mandate Assistance,	79390
shall be used in a method prescribed by the Secretary of State and	79391
transferred by the Director of Budget and Management to implement	79392
this act, which includes remapping and reprecincting counties, and	79393
reprogramming database systems and voting machines. At the end of	79394
fiscal year 2012, an amount equal to the unexpended, unencumbered	79395
portion of appropriation item 911404, Mandate Assistance, is	79396
hereby reappropriated in fiscal year 2013 for the same purpose.	79397

DISASTER SERVICES

79398

Pursuant to requests submitted by the Department of Public	79399
Safety, the Controlling Board may approve transfers from the	79400
Disaster Services Fund (5E20) to a fund and appropriation item	79401
used by the Department of Public Safety to provide for assistance	79402
to political subdivisions made necessary by natural disasters or	79403
emergencies. These transfers may be requested and approved prior	79404
to the occurrence of any specific natural disasters or emergencies	79405
in order to facilitate the provision of timely assistance. The	79406
Emergency Management Agency of the Department of Public Safety	79407
shall use the funding to fund the State Disaster Relief Program	79408
for disasters that have been declared by the Governor, and the	79409
State Individual Assistance Program for disasters that have been	79410
declared by the Governor and the federal Small Business	79411
Administration. The Ohio Emergency Management Agency shall publish	79412
and make available application packets outlining procedures for	79413
the State Disaster Relief Program and the State Individual	79414
Assistance Program.	79415

Fund 5E20 shall be used by the Controlling Board, pursuant to	79416
requests submitted by state agencies, to transfer cash and	79417
appropriations to any fund and appropriation item for the payment	79418
of state agency disaster relief program expenses for disasters	79419
declared by the Governor, if the Director of Budget and Management	79420
determines that sufficient funds exist.	79421

Upon the request of the Department of Public Safety, the	79422
Controlling Board may release up to $3,000,000 for Blanchard River	79423
flood mitigation projects.	79424

BALLOT ADVERTISING COSTS

79425

Pursuant to section 3501.17 of the Revised Code, and upon	79426
requests submitted by the Secretary of State, the Controlling	79427
Board shall approve transfers from the foregoing appropriation	79428
item 911441, Ballot Advertising Costs, to appropriation item	79429
050621, Statewide Ballot Advertising, in order to pay for the cost	79430
of public notices associated with statewide ballot initiatives.	79431

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	79432
ELIGIBILITY	79433

A state agency director shall request that the Controlling	79434
Board increase the amount of the agency's capital appropriations	79435
if the director determines such an increase is necessary for the	79436
agency to receive and use funds under the federal American	79437
Recovery and Reinvestment Act of 2009. The Controlling Board may	79438
increase the capital appropriations pursuant to the request up to	79439
the exact amount necessary under the federal act if the Board	79440
determines it is necessary for the agency to receive and use those	79441
federal funds.	79442

Section 601.44. That existing Section 247.10 of Am. Sub. H.B.	79443
153 of the 129th General Assembly, as amended by Sub. H.B. 319 of	79444
the 129th General Assembly, is hereby repealed.	79445

Section 601.46. That Sections 261.10 and 261.20.93 of Am.	79446
Sub. H.B. 153 of the 129th General Assembly, as amended by Sub.	79447
H.B. 371 of the 129th General Assembly, be amended to read as	79448
follows:	79449

Sec. 261.10. DEV ~~DEPARTMENT OF~~ DEVELOPMENT SERVICES AGENCY

79450

General Revenue Fund	79451

GRF	195401	Thomas Edison Program	$	14,820,354	$	0	79452
GRF	195402	Coal ~~Development Office~~ Research Operating	$	260,983	$	261,205	79453
GRF	195404	Small Business Development	$	1,565,770	$	0	79454
GRF	195405	Minority Business Enterprise Division	$	1,118,528	$	0	79455
GRF	195407	Travel and Tourism	$	5,000,000	$	0 5,000,000	79456
GRF	195412	Rapid Outreach Grants	$	9,000,000	$	0	79457
GRF	195415	~~Strategic~~ Business ~~Investment Division and Regional Offices~~ Development Services	$	4,500,000	$	0 2,413,387	79458
GRF	195416	Governor's Office of Appalachia	$	3,700,000	$	~~3,700,000~~ 0	79459
GRF	195422	Technology Action	$	547,341	$	0	79460
GRF	195426	Clean Ohio Implementation	$	468,365	$	0 468,365	79461
GRF	195432	Global Markets	$	3,500,000	$	0	79462
GRF	195434	Industrial Training Grants	$	10,000,000	$	0	79463
GRF	195497	CDBG Operating Match	$	1,015,000	$	0 1,015,000	79464
GRF	195501	Appalachian Local Development Districts	$	391,482	$	~~391,482~~ 0	79465
GRF	195502	Appalachian Regional Commission Dues	$	195,000	$	~~195,000~~ 0	79466
~~GRF~~	~~195528~~	~~Economic Development Projects~~	$	0	$	~~26,943,518~~	79467
GRF	195532	Technology Programs and Grants	$	0	$	13,547,341	79468
GRF	195533	Business Assistance	$	0	$	5,899,465	79469
GRF	195535	Appalachia Assistance	$	0	$	4,286,482	79470
GRF	195901	Coal Research & Development General Obligation Debt Service	$	7,861,100	$	5,577,700	79471
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	29,323,300	$	63,640,300	79472
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	9,859,200	$	15,680,500	79473
TOTAL GRF General Revenue Fund			$	103,126,423	$	~~116,389,705~~ 118,039,745	79474

General Services Fund Group	79475

1350	195684	~~Supportive~~ Development Services Operations	$	11,700,000	$	11,700,000	79476
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	79477
5AD0	195633	Legacy Projects	$	15,000,000	$	~~15,000,000~~ 18,600,000	79478
5AD0	195677	Economic Development Contingency	$	10,000,000	$	0	79479
5MB0	195623	Business Incentive Grants	$	0	$	20,000,000	79480
5MB0	195637	Workforce Training Grants	$	0	$	10,000,000	79481
5W50	195690	Travel and Tourism Cooperative Projects	$	50,000	$	50,000	79482
6850	195636	~~Direct Cost Recovery~~ Development Services Reimbursable Expenditures	$	750,000	$	750,000	79483
TOTAL GSF General Services Fund							79484
Group			$	40,000,000	$	~~30,000,000~~ 63,600,000	79485

Federal Special Revenue Fund Group	79486

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	79487
3080	195603	Housing ~~and Urban Development~~ Assistance Programs	$	6,000,000	$	6,000,000	79488
3080	195605	Federal Projects	$	85,028,606	$	~~85,470,106~~ 0	79489
3080	195609	Small Business Administration Grants	$	6,438,143	$	5,511,381	79490
3080	195618	Energy ~~Federal~~ Grants	$	38,000,000	$	3,400,000	79491
3080	195670	Home Weatherization Program	$	0	$	72,670,106	79492
3080	195671	Brownfield Redevelopment	$	0	$	6,800,000	79493
3080	195672	Manufacturing Extension Partnership	$	0	$	6,000,000	79494
3350	195610	Energy ~~Conservation and Emerging Technology~~ Programs	$	1,100,000	$	1,100,000	79495
3AE0	195643	Workforce Development Initiatives	$	16,300,000	$	16,300,000	79496
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	3,000,000	$	42,485	79497
3EG0	195608	~~Federal~~ Energy Sector Training Grants	$	5,000,000	$	1,344,056	79498
3K80	195613	Community Development Block Grant	$	76,795,818	$	65,210,000	79499
3K90	195611	Home Energy Assistance Block Grant	$	115,743,608	$	115,743,608	79500
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	79501
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	79502
3V10	195601	HOME Program	$	40,000,000	$	40,000,000	79503
TOTAL FED Federal Special Revenue							79504
Fund Group			$	443,121,392	$	389,836,853	79505

State Special Revenue Fund Group	79506

4500	195624	Minority Business Bonding Program Administration	$	160,110	$	159,069	79507
4510	195625	Economic Development Financing Operating	$	3,000,000	$	~~3,000,000~~ 0	79508
4510	195649	Business Assistance Programs	$	0	$	3,700,800	79509
4F20	195639	State Special Projects	$	180,437	$	180,436	79510
4F20	195676	Marketing Initiatives	$	5,000,000	$	0	79511
4F20	195699	Utility ~~Provided Funds~~ Community Assistance	$	500,000	$	500,000	79512
4S00	195630	Tax Incentive Programs	$	650,800	$	~~650,800~~ 0	79513
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	79514
5HJ0	195604	Motion Picture Tax Credit Program	$	50,000	$	~~50,000~~ 0	79515
5HR0	195526	~~Ohio~~ Incumbent Workforce ~~Job~~ Training Vouchers	$	20,000,000	$	30,000,000	79516
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	79517
5JR0	195635	Redevelopment Program Support	$	0	$	100,000	79518
5JR0	195656	New Market Tax Credit Program	$	50,000	$	~~50,000~~ 0	79519
5KD0	195621	Brownfield Stormwater Loan	$	50,000	$	~~50,000~~ 0	79520
5KN0	195640	Local Government Innovation	$	175,000	$	44,825,000	79521
5LK0	195655	Workforce Development Programs	$	0	$	10,000,000	79522
5M40	195659	Low Income Energy Assistance (USF)	$	245,000,000	$	245,000,000	79523
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	0	79524
5W60	195691	International Trade Cooperative Projects	$	160,000	$	160,000	79525
6170	195654	Volume Cap Administration	$	94,397	$	92,768	79526
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	79527
TOTAL SSR State Special Revenue							79528
Fund Group			$	341,820,744	$	~~383,468,073~~ 393,468,073	79529

Facilities Establishment Fund Group	79530

5S90	195628	Capital Access Loan Program	$	1,500,000	$	1,500,000	79531
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	79532
7010	195665	Research and Development	$	22,000,000	$	22,000,000	79533
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	79534
TOTAL 037 Facilities							79535
Establishment Fund Group			$	88,500,000	$	88,500,000	79536

Clean Ohio Revitalization Fund	79537

7003	195663		Clean Ohio ~~Operating~~ Program		$	950,000		$	950,000		79538
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		79539

Third Frontier Research & Development Fund Group	79540

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	79541
7011	195687	Third Frontier Research & Development Projects	$	183,850,250	$	133,850,250	79542
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	79543
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	79544
TOTAL 011 Third Frontier Research & Development Fund Group			$	225,000,000	$	175,000,000	79545

Job Ready Site Development Fund Group	79546

7012	195688		Job Ready Site ~~Operating~~ Program		$	800,000		$	800,000		79547
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		79548

Tobacco Master Settlement Agreement Fund Group	79549

M087	195435	Biomedical Research and Technology Transfer	$	1,999,224	$	1,999,224	79550
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,999,224	$	1,999,224	79551
TOTAL ALL BUDGET FUND GROUPS			$	1,245,317,783	$	~~1,186,943,855~~ 1,232,193,895	79552

Sec. 261.20.93. LOCAL GOVERNMENT INNOVATION FUND

79554

The foregoing appropriation item 195640, Local Government	79555
Innovation, shall be used for the purposes of making loans and	79556
grants to political subdivisions under the Local Government	79557
Innovation Program in accordance with sections 189.01 to 189.10 of	79558
the Revised Code. Of the foregoing appropriation item 195640,	79559
Local Government Innovation, up to $175,000 in fiscal year 2012	79560
and $175,000 in fiscal year 2013 shall be used for administrative	79561
costs incurred by the ~~Department of~~ Development Services Agency.	79562

On the effective date of this amendment, or as soon as	79563
possible thereafter, the Director of Budget and Management shall	79564
transfer $175,000 in cash from the General Revenue Fund to the	79565
Local Government Innovation Fund (Fund 5KN0). On July 1, 2012, or	79566
as soon as possible thereafter, the Director of Budget and	79567
Management shall transfer $44,825,000 in cash from the General	79568
Revenue Fund to the Local Government Innovation Fund (Fund 5KN0).	79569

Section 601.47. That existing Sections 261.10 and 261.20.93	79570
of Am. Sub. H.B. 153 of the 129th General Assembly, as amended by	79571
Sub. H.B. 371 of the 129th General Assembly, are hereby repealed.	79572

Section 601.48. That Section 8 of Sub. H.B. 369 of the 129th	79573
General Assembly be amended to read as follows:	79574

Sec. 8. (A) There is hereby created the Redistricting Reform	79575
Task Force, comprised of eight members of the General Assembly who	79576
shall be equally divided between the members of the two major	79577
political parties. Not later than thirty days after the effective	79578
date of this section, the legislative leader of the majority	79579
caucus and the legislative leader of the minority caucus in each	79580
house of the General Assembly shall each appoint two members to	79581
the Task Force.	79582

The Task Force shall be co-chaired by two members, one from	79583
each major political party. The legislative leaders in the House	79584
of Representatives and in the Senate who are members of the same	79585
political party shall jointly appoint a chairperson.	79586

(B) The purpose of the Task Force shall be to create a	79587
redistricting reform proposal for consideration by the General	79588
Assembly during 2012.	79589

(C) The Task Force shall issue a report, not later than ~~June~~	79590
30December 15, 2012, that includes the Task Force's	79591
recommendations for reforming the redistricting process.	79592

(D) The Task Force shall hold a minimum of three public	79593
hearings, one of which shall be conducted after the Task Force	79594
issues its report, to allow for meaningful public discussion of	79595
the recommendations included in the report.	79596

Section 601.49. That existing Section 8 of Sub. H.B. 369 of	79597
the 129th General Assembly is hereby repealed.	79598

Section 601.49.10. That Section 205.80 of Sub. H.B. 482 of	79599
the 129th General Assembly be amended to read as follows:	79600

Sec. 205.80. The items set forth in this section are hereby	79601
appropriated out of any moneys in the state treasury to the credit	79602
of the Clean Ohio Trail Fund (Fund 7061) that are not otherwise	79603
appropriated.	79604

DNR DEPARTMENT OF NATURAL RESOURCES	79605

Appropriations

C72514	Clean Ohio Local Grants	$	6,000,000	79606
Total Department of Natural Resources		$	6,000,000	79607
TOTAL Clean Ohio Trail Fund		$	6,000,000	79608

~~Notwithstanding divisions (B) and (C) of section 151.09 and~~	79609
~~division (B) of section 1519.05 of the Revised Code, upon receipt~~	79610
~~of a certification from the Department of Natural Resources of the~~	79611
~~amount needed to pay the costs of projects appropriated from the~~	79612
~~Clean Ohio Trail Fund (Fund 7061) created by section 1519.05 of~~	79613
~~the Revised Code, the Ohio Public Facilities Commission shall~~	79614
~~issue obligations as defined in division (A) of section 151.09 of~~	79615
~~the Revised Code in the amount determined to be authorized and~~	79616
~~necessary for that purpose, and, for the period from July 1, 2012~~	79617
~~through June 30, 2014, net proceeds of obligations issued and sold~~	79618
~~pursuant to sections 151.01 and 151.09 of the Revised Code shall~~	79619
~~be deposited solely into the Clean Ohio Trail Fund.~~	79620

Section 601.49.11. That existing Section 205.80 of Sub. H.B.	79621
482 of the 129th General Assembly is hereby repealed.	79622

Section 601.50. That Section 4 of Sub. S.B. 171 of the 129th	79623
General Assembly be amended to read as follows:	79624

Sec. 4. The following agencies are retained under division	79625
(D) of section 101.83 of the Revised Code and expire on December	79626
31, 2016:	79627

AGENCY NAME	REVISED CODE OR UNCODIFIED SECTION	79628
Academic Distress Commission	3302.10	79629
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	79630
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence	3323.33, 3323.34	79631
Advisory Council on Amusement Ride Safety	1711.51, 1711.52	79632
Advisory Council of Directors for Prison Labor	5145.162	79633
Advisory Council for Wild, Scenic, or Recreational River Area(s)	1547.84	79634
Advisory Committee on Livestock Exhibitions	901.71	79635
Agricultural Commodity Marketing Programs Operating Committees	924.07	79636
Agricultural Commodity Marketing Programs Coordinating Committee	924.14	79637
Alternative Energy Advisory Committee	4928.64(D)	79638
AMBER Alert Advisory Committee	5502.521	79639
Apprenticeship Council	Chapter 4139.	79640
Armory Board of Control	5911.09, 5911.12	79641
Automated Title Processing Board	4505.09(C)(1)	79642
Backflow Advisory Board	3703.21	79643
Banking Commission	1123.01	79644
Board of Directors of the Great Lakes Protection Fund	1506.22 (6161.04)	79645
Board of Directors of the Medical Liability Underwriting Association Stabilization Fund	3929.631	79646
Board of Directors of the Ohio Appalachian Center for Higher Education	3333.58	79647
Board of Directors of the Ohio Health Reinsurance Program	3924.08 - 3924.11	79648
Board of Governors of the Commercial Insurance Joint Underwriting Association	3930.03	79649
Board of Governors of the Medical Liability Underwriting Association	3929.64	79650
Board of Voting Machines Examiners	3506.05	79651
Budget Planning and Management Commission	Section 509.10, H.B. 1, 128th G.A.	79652
Brain Injury Advisory Committee	3304.231	79653
Bureau of Workers' Compensation Board of Directors	4121.12	79654
Capitol Square Review and Advisory Board	105.41	79655
Child Care Advisory Council	5104.08	79656
Child Support Guideline Advisory Council	3119.024	79657
Children's Trust Fund Board	3109.15 - 3109.17	79658
Citizen's Advisory Council	5123.092, 5123.093	79659
Clean Ohio Trail Advisory Board	1519.06	79660
Coastal Resources Advisory Council	1506.12	79661
Commission on African-American Males	4112.12, 4112.13	79662
Commission on Hispanic-Latino Affairs	121.31	79663
Commission on Minority Health	3701.78	79664
Committee on Prescriptive Governance	4723.49 - 4723.492	79665
Commodity Advisory Commission	926.32	79666
Consumer Advisory Committee to the Rehabilitation Services Commission	3304.24	79667
Continuing Education Committee	109.80(B)	79668
Council on Alcohol and Drug Addiction Services	3793.09	79669
Council on Unreclaimed Strip Mined Lands	1513.29	79670
County Sheriff's Standard Car Marking and Uniform Commission	311.25 - 311.27	79671
Credential Review Board	3319.65	79672
Credit Union Council	1733.329	79673
Criminal Sentencing Advisory Committee	181.22	79674
Data Collection and Analysis Group	3727.32	79675
Dentist Loan Repayment Advisory Board	3702.92	79676
Department Advisory Council(s)	107.18, 121.13	79677
Development Financing Advisory Council	122.40, 122.41	79678
Early Childhood Advisory Council	3301.90	79679
Education Commission of the States (Interstate Compact for Education)	3301.48, 3301.49	79680
Education Management Information System Advisory Board	3301.0713	79681
Educator Standards Board	3319.60	79682
Electrical Safety Inspector Advisory Committee	3783.08	79683
Emergency Response Commission	3750.02	79684
Engineering Experiment Station Advisory Committee	3335.27	79685
Environmental Education Council	3745.21	79686
Environmental Protection Agency Advisory Board(s)	121.13, 3704.03, 3745.01	79687
eTech Ohio Commission	3353.02 - 3353.04	79688
Ex-Offender Reentry Coalition	5120.07	79689
Farmland Preservation Advisory Board	901.23	79690
Financial Planning and Supervision Commission(s) for Municipal Corporation, County, or Township	118.05	79691
Financial Planning and Supervision Commission for a school district	3316.05	79692
Forestry Advisory Council	1503.40	79693
Governance Authority for a State University or College	3345.75	79694
Governor's Council on People with Disabilities	3303.41	79695
Governor's Policy Information Working Group	Section 313, H.B. 420, 127th G.A.	79696
Governor's Residence Advisory Commission	107.40	79697
Grain Marketing Program Operating Committee	924.20 - 924.30	79698
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	79699
Gubernatorial Transition Committee	107.29, 126.26	79700
Help Me Grow Advisory Council	3701.611	79701
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council	3701.0210	79702
Homeland Security Advisory Council	5502.011(E)	79703
Hospital Measures Advisory Council	3727.31	79704
Housing Trust Fund Advisory Committee	174.06	79705
Industrial Commission Nominating Council	4121.04	79706
Industrial Technology and Enterprise Advisory Council	122.29, 122.30	79707
Infant Hearing Screening Subcommittee	3701.507	79708
Infection Control Group	3727.312(D)	79709
Insurance Agent Education Advisory Council	3905.483	79710
Interstate Rail Passenger Advisory Council	4981.35	79711
Joint Select Committee on Volume Cap	133.021	79712
Labor-Management Government Advisory Council	4121.70	79713
Legislative Programming Committee of the Ohio Government Telecommunications Service	3353.07	79714
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	79715
Maternity and Newborn Advisory Council	3711.20, 3711.21	79716
Medically Handicapped Children's Medical Advisory Council	3701.025	79717
Midwest Interstate Passenger Rail Compact Commission	4981.361	79718
Milk Sanitation Board	917.03 - 917.032	79719
Mine Subsidence Insurance Governing Board	3929.51	79720
Minority Development Financing Advisory Board	122.72, 122.73	79721
Multi-Agency Radio Communications System (MARCS) Steering Committee	Section 15.02, H.B. 640, 123rd G.A.	79722
National Museum of Afro-American History and Culture Planning Committee	149.303	79723
New African Immigrants Commission	4112.31, 4112.32	79724
Ohio Accountability Task Force	3302.021(E)	79725
Ohio Advisory Council for the Aging	173.03	79726
Ohio Agriculture License Plate Scholarship Fund Board	901.90	79727
Ohio Arts Council	Chapter 3379.	79728
Ohio Business Gateway Steering Committee	5703.57	79729
Ohio Cemetery Dispute Resolution Commission	4767.05, 4767.06	79730
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)(4)	79731
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	79732
Ohio Commission on Dispute Resolution and Conflict Management	179.02 - 179.04	79733
Ohio Commission on Fatherhood	5101.34	79734
Ohio Community Service Council	121.40 - 121.404	79735
Ohio Council for Interstate Adult Offender Supervision	5149.22	79736
Ohio Cultural Facilities Commission	Chapter 3383.	79737
Ohio Cystic Fibrosis Legislative Task Force	101.38	79738
Ohio Developmental Disabilities Council	5123.35	79739
Ohio Expositions Commission	991.02	79740
Ohio Family and Children First Cabinet Council	121.37	79741
Ohio Geographically Referenced Information Program Council	125.901, 125.902	79742
Ohio Geology Advisory Council	1501.11	79743
Ohio Grape Industries Committee	924.51 - 924.55	79744
Ohio Historic Site Preservation Advisory Board	149.301	79745
Ohio Historical Society Board of Trustees	149.30	79746
Ohio Judicial Conference	105.91 - 105.97	79747
Ohio Lake Erie Commission	1506.21	79748
Ohio Legislative Commission on the Education and Preservation of State History	Section 701.05, H.B. 1, 128th G.A.	79749
Ohio Medical Quality Foundation	3701.89	79750
Ohio Parks and Recreation Council	1541.40	79751
Ohio Peace Officer Training Commission	109.71, 109.72	79752
Ohio Private Investigation and Security Services Commission	4749.021, 4743.01	79753
Ohio Public Defender Commission	120.01 - 120.03	79754
Ohio Public Library Information Network Board of Trustees	3375.65, 3375.66	79755
Ohio Quarter Horse Development Commission	3769.086	79756
Ohio Small Government Capital Improvements Commission	164.02(C)(D)	79757
Ohio Soil and Water Conservation Commission	1515.02	79758
Ohio Standardbred Development Commission	3769.085	79759
Ohio Subrogation Rights Commission	2323.44	79760
Ohio Thoroughbred Racing Advisory Committee	3769.084	79761
Ohio Transportation Finance Commission	5531.12(B) to (D)	79762
Ohio Tuition Trust Authority	3334.03, 3334.08	79763
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10, 3337.11	79764
Ohio Vendors Representative Committee	3304.34, 20 USC 107	79765
Ohio War Orphans Scholarship Board	5910.02 - 5910.06	79766
Ohio Water Advisory Council	1521.031	79767
Ohio Water Resources Council Advisory Group	1521.19	79768
Ohio Water Resources Council	1521.19	79769
Oil and Gas Commission	1509.35	79770
Operating Committee of the Oil and Gas Marketing Program	1510.06, 1510.11	79771
Organized Crime Investigations Commission	177.01	79772
Pharmacy and Therapeutics Committee of the Department of Job and Family Services	5111.084	79773
Physician Assistant Policy Committee of the State Medical Board	4730.05, 4730.06	79774
Physician Loan Repayment Advisory Board	3702.81	79775
Power Siting Board	4906.02	79776
Prequalification Review Board	5525.07	79777
Private Water Systems Advisory Council	3701.346	79778
~~Public Health Council~~	~~3701.33, 3701.34~~	79779
Public Utilities Commission Nominating Council	4901.021	79780
Public Utility Property Tax Study Committee	5727.85(K)	79781
Radiation Advisory Council	3748.20	79782
Reclamation Commission	1513.05	79783
Reclamation Forfeiture Fund Advisory Board	1513.182	79784
Recreation and Resources Commission	1501.04	79785
Recycling and Litter Prevention Advisory Council	1502.04	79786
School and Ministerial Lands Divestiture Committee	501.041	79787
Savings and Loan Associations and Savings Banks Board	1181.16	79788
Second Chance Trust Fund Advisory Committee	2108.35	79789
Service Coordination Workgroup	Section 751.20, H.B. 1, 128th G.A.	79790
Ski Tramway Board	4169.02	79791
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	79792
Solid Waste Management Advisory Council	3734.51	79793
Special Commission to Consider the Suspension of Local Government Officials	3.16	79794
Speed to Scale Task Force	Section 375.60.80, H.B. 119, 128th G.A.	79795
State Agency Coordinating Group	1521.19	79796
State Audit Committee	126.46	79797
State Council of Uniform State Laws	105.21 - 105.27	79798
State Criminal Sentencing Commission	181.22 - 181.26	79799
State Fire Council	3737.81	79800
State Library Board	3375.01	79801
State Victims Assistance Advisory Council	109.91(B) and (C)	79802
Statewide Consortium of County Law Library Resource Boards	3375.481	79803
STEM Committee	3326.02	79804
Student Tuition Recovery Authority	3332.081	79805
Sunset Review Committee	101.84 - 101.87	79806
Tax Credit Authority	122.17(M)	79807
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office	1551.35	79808
Technical Advisory Council on Oil and Gas	1509.38	79809
Transportation Review Advisory Council	5512.07 - 5512.09	79810
Unemployment Compensation Advisory Council	4141.08	79811
Unemployment Compensation Review Commission	4141.06	79812
Veterans Advisory Committee	5902.02(K)	79813
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer)	146.02 - 146.06	79814
Volunteer Fire Fighters' Dependents Fund Boards (public)	146.02 - 146.06	79815
Water and Sewer Commission	1525.11(C)	79816
Waterways Safety Council	1547.73	79817
Wildlife Council	1531.03 - 1531.05	79818
Workers' Compensation Board of Directors Nominating Committee	4121.123	79819

Section 601.51. That existing Section 4 of Sub. S.B. 171 of	79820
the 129th General Assembly is hereby repealed.	79821

Section 610.10. That Section 3 of Am. Sub. S.B. 160 of the	79822
121st General Assembly be amended to read as follows:	79823

Sec. 3. Sections 109.57, 109.572, 2950.08, and 2953.32~~, and~~	79824
~~3701.881~~ of the Revised Code, as amended by ~~this act~~Am. Sub. S.B.	79825
160 of the 121st General Assembly regarding employment of persons	79826
who provide direct care to older adults, and sections ~~173.41,~~	79827
3712.09, 3721.121, and 3722.151 of the Revised Code, as enacted by	79828
~~this act~~Am. Sub. S.B. 160 of the 121st General Assembly, apply	79829
only to persons who apply for employment on or after ~~the effective~~	79830
~~date of this act~~January 27, 1997.	79831

Section 610.11. That existing Section 3 of Am. Sub. S.B. 160	79832
of the 121st General Assembly is hereby repealed.	79833

Section 620.10. That Section 3 of Am. Sub. S.B. 38 of the	79834
120th General Assembly be amended to read as follows:	79835

Sec. 3. Sections 3301.54, and 5104.09~~, and 5126.28~~ of the	79836
Revised Code, as amended by ~~this act~~Am. Sub. S.B. 38 of the 120th	79837
General Assembly, and sections 109.572, 2151.86, 3301.32,	79838
3301.541, ~~3319.311~~3319.39, ~~3701.881,~~ 5104.012, 5104.013, and	79839
5153.111 of the Revised Code, as enacted by ~~this act~~Am. Sub. S.B.	79840
38 of the 120th General Assembly, apply only to persons who apply	79841
for employment for a position on or after ~~the effective date of~~	79842
~~this act~~October 29, 1993.	79843

Section 620.11. That existing Section 3 of Am. Sub. S.B. 38	79844
of the 120th General Assembly is hereby repealed.	79845

Section 650.10. That Sections 261.10.10, 261.10.20,	79846
261.10.30, 261.10.50, 261.10.60, 261.10.80, 261.10.90, 261.20.10,	79847
261.20.20, 261.20.70, 261.30.50, and 263.10.80 of Am. Sub. H.B.	79848
153 of the 129th General Assembly are hereby repealed.	79849

Section 701.10.10. OHIO STATEHOUSE SAFETY AND SECURITY STUDY

79850

The Capitol Square Review and Advisory Board and the	79851
Department of Public Safety jointly shall contract for a study of	79852
the safety and security of the Ohio Statehouse complex, including	79853
the buildings, parking garage, and grounds. The Board and the	79854
Department jointly shall determine with whom to contract. The	79855
study shall include recommendations for security protocols while	79856
providing for the health, safety, and convenience of those who	79857
work in, or visit, the statehouse. The report shall be submitted	79858
to the Capitol Square Review and Advisory Board for adoption not	79859
later than December 1, 2012.	79860

Section 701.23. As used in this section, "political	79861
subdivision" has the meaning defined in section 2744.01 of the	79862
Revised Code.	79863

The Auditor of State shall establish, operate, and maintain	79864
one or more web sites to serve as an online clearinghouse of	79865
information about streamlining government operations,	79866
collaboration, and shared services to reduce the cost of	79867
government in this state. The web site may be developed by the	79868
Auditor of State or through the use of outside vendors. Existing	79869
web sites may be used if their content conforms to the	79870
requirements of this section. In establishing, maintaining, and	79871
operating the online clearinghouse web site, the Auditor of State	79872
shall:	79873

(A) Use a domain name for the web site that will be easily	79874
recognized, remembered, and understood by the users of the web	79875
site;	79876

(B) Maintain the web site so that it is fully accessible to	79877
and searchable by members of the public at all times;	79878

(C) Not charge a fee to a person who accesses, searches, or	79879
otherwise uses the web site;	79880

(D) Compile information provided by political subdivisions	79881
that includes savings recommendations from performance audits,	79882
examples of shared services among communities, shared services	79883
agreements to use as templates, and other tools developed	79884
independently by the Auditor of State or requested by political	79885
subdivisions and agreed to by the Auditor of State;	79886

(E) Enable political subdivisions to register and request	79887
inclusion of their submitted information on the web site, as well	79888
as to report state and local barriers to collaboration;	79889

(F) Enable information to be accessed by key word or other	79890
useful identifiers;	79891

(G) Maintain adequate systemic security and back-up features,	79892
and develop and maintain a contingency plan for coping with and	79893
recovering from power outages, systemic failures, and other	79894
unforeseen difficulties; and	79895

(H) Maintain the web site in such a manner that it will not	79896
infringe legally protected interests, so that vulnerability of the	79897
web site to interruption because of litigation or the threat of	79898
litigation is reduced.	79899

Section 701.33. As used in this section, "political	79900
subdivision" has the meaning defined in section 2744.01 of the	79901
Revised Code.	79902

The Department of Administrative Services, by itself or by	79903
contract with another entity, shall establish, operate, and	79904
maintain a web site to serve as an online clearinghouse of	79905
information about existing joint purchasing programs between or	79906
among political subdivisions in the state. In establishing,	79907
maintaining, and operating the online clearinghouse web site, the	79908
department shall:	79909

(A) Use a domain name for the web site that will be easily	79910
recognized, remembered, and understood by the users of the web	79911
site;	79912

(B) Maintain the web site so that it is fully accessible to	79913
and searchable by members of the public at all times;	79914

(C) Not charge a fee to a person who accesses, searches, or	79915
otherwise uses the web site;	79916

(D) Compile information provided by political subdivisions	79917
about joint purchasing arrangements they are involved in that the	79918
department verifies, through meetings with various statewide	79919
associations and others, to have resulted in verifiable cost	79920
savings, and consolidate that information on the web site in a	79921
consistent manner;	79922

(E) Enable political subdivisions to register and request	79923
inclusion of their submitted information on the web site;	79924

(F) Enable information to be accessed by key word, by program	79925
name, by county, by type of product or service, and by other	79926
useful identifiers;	79927

(G) Maintain adequate systemic security and back-up features,	79928
and develop and maintain a contingency plan for coping with and	79929
recovering from power outages, systemic failures, and other	79930
unforeseen difficulties; and	79931

(H) Maintain the web site in such a manner that it will not	79932
infringe legally protected interests, so that vulnerability of the	79933
web site to interruption because of litigation or the threat of	79934
litigation is reduced.	79935

The department shall bear the expense of establishing,	79936
operating, and maintaining the online clearinghouse web site.	79937

Section 701.41. The Department of Administrative Services	79938
shall analyze opportunities to reduce travel expenses through	79939
teleconferencing and web conferencing within state government. The	79940
Department shall assess current teleconferencing capabilities	79941
within state government operations, research industry standards	79942
and best practices, and make recommendations that will optimize	79943
the use of these technologies. Not later than December 31, 2012,	79944
the Department of Administrative Services shall produce a report	79945
with its findings and shall deliver the report to the Speaker and	79946
Minority Leader of the House of Representatives, the President and	79947
Minority Leader of the Senate, and the Governor.	79948

Section 701.50. MARCS STEERING COMMITTEE AND STATEWIDE	79949
COMMUNICATIONS SYSTEM	79950

There is hereby created a Multi-Agency Radio Communications	79951
System (MARCS) Steering Committee consisting of the designees of	79952
the Directors of Administrative Services, Public Safety, Natural	79953
Resources, Transportation, Rehabilitation and Correction, and	79954
Budget and Management, and the State Fire Marshal or the State	79955
Fire Marshal's designee. The Director of Administrative Services	79956
or the Director's designee shall chair the Committee. The	79957
Committee shall provide assistance to the Director of	79958
Administrative Services for effective and efficient implementation	79959
of the MARCS system as well as develop policies for the ongoing	79960
management of the system. Upon dates prescribed by the Directors	79961
of Administrative Services and Budget and Management, the MARCS	79962
Steering Committee shall report to the Directors on the progress	79963
of MARCS implementation and the development of policies related to	79964
the system.	79965

Section 701.60. As used in this section, "business day" means	79966
a day of the week, excluding Saturday, Sunday, or a legal holiday	79967
as defined in section 1.14 of the Revised Code.	79968

Any regional council of governments that was formed and is	79969
operating before the effective date of the amendment by this act	79970
of section 167.04 of the Revised Code shall notify the Auditor of	79971
State of its existence within 30 business days after the effective	79972
date of that amendment, and shall provide on a form prescribed by	79973
the Auditor of State the information required under that section.	79974
The Auditor of State shall review the information and, within one	79975
year after the effective date of that amendment, shall issue a	79976
report to the Governor and the General Assembly. The report shall	79977
address how many regional councils of governments are operating	79978
under Chapter 167. of the Revised Code, whether those regional	79979
councils continue to meet the objectives for which regional	79980
councils were first authorized in 1967, and whether regional	79981
councils are an efficient and effective way for local governments	79982
to share services or to participate in cooperative arrangements.	79983

Section 701.70.10. (A) The construction and energy operations	79984
of the Office of the State Architect and Engineer (OSAE) under	79985
Chapters 123. and 153. are transferred and consolidated into the	79986
construction and capital funding operations of the Ohio Facilities	79987
Construction Commission (OFCC). And the Ohio School Facilities	79988
Commission (OSFC) becomes an independent agency within the Ohio	79989
Facilities Construction Commission. Notwithstanding Chapter 153.	79990
of the Revised Code, the OFCC is thereupon and thereafter	79991
successor to, assumes the power and obligations of, and otherwise	79992
constitutes the continuation of the construction and energy	79993
operations and related management functions of the OSAE as	79994
provided in the applicable sections of Chapter 153. of the Revised	79995
Code or in any agreements relating to capital expenditures for	79996
construction operations functions to which the OSAE is a party.	79997
All statutory references to the OSAE are deemed to be references	79998
to the OFCC.	79999

(B) Any activities relating to the operations and related	80000
management functions commenced but not completed by the OSAE shall	80001
be completed by the OFCC in the same manner and with the same	80002
effect as if completed by the OSAE. No validation, cure, right,	80003
privilege, remedy, obligation, or liability is lost or impaired by	80004
reason of the consolidation, and shall be administered by the	80005
OFCC. All rules, orders, and determinations related to design,	80006
planning, and construction and energy operations and related	80007
management functions of the OSAE continue in effect as rules,	80008
orders, and determinations of the OFCC, until modified or	80009
rescinded by the OFCC. The Director of the Legislative Service	80010
Commission shall renumber the OSAE rules related to the design,	80011
planning, and construction and energy operations and related	80012
management functions to reflect their transfer to the OFCC.	80013

(C) To the extent possible, all employees of the OSAE shall	80014
be transferred to the OFCC, as the OFCC determines to be necessary	80015
for the successful implementation of this section. All employees	80016
of the OSFC shall remain in their current classifications unless	80017
the OFCC determines otherwise.	80018

(D) No judicial or administrative action or proceeding, to	80019
which the OSAE or an authorized officer of either is a party, that	80020
is pending on the effective date of this section, or on such later	80021
date as may be established by an authorized officer of the OFCC	80022
and that is related to its construction, capital funding, or	80023
energy operation or related management functions, is affected by	80024
the transfer and consolidation of functions. Any such action or	80025
proceeding shall be prosecuted or defended in the name of the	80026
OFCC. On application to the court or agency, the OFCC shall be	80027
substituted for the OSAE or an authorized officer of either as a	80028
party to the action or proceeding.	80029

(E) Notwithstanding any provision of the law to the contrary,	80030
and not sooner than 90 days after the effective date of this	80031
section, and if requested by the OFCC, the Director of Budget and	80032
Management shall make budget changes made necessary by the	80033
transfer, if any, including administrative organization, program	80034
transfers, the creation of new funds, the transfer of state funds,	80035
and the consolidation of funds, as authorized by this section. The	80036
Director of Budget and Management may, if necessary, establish	80037
encumbrances or parts of encumbrances created in fiscal years 2012	80038
and 2013 in the appropriate fund and appropriation item for the	80039
same purpose and for payment to the same vendor in fiscal year	80040
2013. The established encumbrances plus any additional amounts	80041
determined to be necessary for the OFCC to perform the	80042
construction, energy, and capital funding operation and related	80043
management functions of the OSAE are hereby appropriated.	80044

(F) Not later than 30 days after the transfer and	80045
consolidation of the construction, energy, and capital funding	80046
operations and related management functions of the OSAE to the	80047
OFCC, an authorized officer of the OSAE shall certify to the OFCC	80048
the unexpended balance and location of any funds and accounts	80049
designated for building and facility operation and management	80050
functions, and the custody of such funds and accounts shall be	80051
transferred to the OFCC.	80052

(G) The OFCC and the Department of Natural Resources (DNR)	80053
shall cooperate in a study to determine which operation functions,	80054
if any, of the DNR Division of Engineering should be integrated	80055
and consolidated into the OFCC. The study shall be completed not	80056
later than December 31, 2012.	80057

Section 701.70.20. The Division of Labor in the Department of	80058
Commerce is hereby renamed the Division of Industrial Compliance	80059
on the effective date of section 121.04 of the Revised Code, as	80060
amended by this act. The Division and the Superintendent of	80061
Industrial Compliance shall have and perform all the duties,	80062
powers, and obligations of the Division and Superintendent of	80063
Labor. All rules, actions, determinations, commitments,	80064
resolutions, decisions, and agreements pertaining to the duties,	80065
powers, obligations, functions, and rights of the Division or	80066
Superintendent of Labor, in force or in effect on the effective	80067
date of section 121.04 of the Revised Code, as amended by this	80068
act, shall continue in force and effect and apply to the Division	80069
or Superintendent of Industrial Compliance as applicable and	80070
subject to any further lawful action thereon by the Division or	80071
Superintendent of Industrial Compliance. Wherever the	80072
Superintendent of Labor or Division of Labor are referred to in	80073
any provision of law, or in any agreement or document that	80074
pertains to those duties, powers, obligations, functions, and	80075
rights, the reference is to the Superintendent of Industrial	80076
Compliance or Division of Industrial Compliance, as appropriate.	80077

All authorized obligations and supplements thereto of the	80078
Superintendent and Division of Labor are binding on the	80079
Superintendent or Division of Industrial Compliance and nothing in	80080
this act impairs those obligations or rights or the obligations or	80081
rights under any contract. The renaming of the Division of Labor	80082
and Superintendent of Labor does not affect the validity of	80083
agreements or obligations made by that superintendent or division	80084
pursuant to Chapters 121., 3703., 3781., 3791., 4104., 4105., and	80085
4740. of the Revised Code or any other provisions of law.	80086

In connection with the renaming of the Division of Labor, all	80087
real property and interest therein, documents, books, money,	80088
papers, records, machinery, furnishings, office equipment,	80089
furniture, and all other property over which the Superintendent	80090
and Division of Labor have control and the rights of the	80091
Superintendent and Division of Labor to enforce or receive any of	80092
those is automatically transferred to the Superintendent and	80093
Division of Industrial Compliance without necessity for further	80094
action on the part of the Superintendent or Division of Industrial	80095
Compliance, or the Director of Commerce. Additionally, all	80096
appropriations or reappropriations made to the Superintendent and	80097
Division of Labor for the purposes of the performance of their	80098
duties, powers, and obligations, are transferred to the	80099
Superintendent and Division of Industrial Compliance to the extent	80100
of the remaining unexpended or unencumbered balance thereof,	80101
whether allocated or unallocated, and whether obligated or	80102
unobligated.	80103

Section 701.121. (A) The state of Ohio requests that the	80104
Joint Committee on the Library of Congress approve the replacement	80105
of Ohio's statue of Governor William Allen in the National	80106
Statuary Hall Collection with a statue of Thomas Edison.	80107

(B) In accordance with the Procedure for Replacement of	80108
Statues in the National Statuary Hall Collection, Ohio submits the	80109
following information for consideration by the Joint Committee on	80110
the Library of Congress:	80111

(1) Thomas Edison, a native of Milan, Ohio, was a world	80112
famous inventor and highly successful businessperson whose	80113
inventions, such as the phonograph, the kinetoscope (a precursor	80114
to the film projector), and the first practical incandescent light	80115
bulb, have had a tremendous impact on the world. In addition to	80116
these inventions, Thomas Edison's service to the United States	80117
Government has also impacted world history. During World War I, he	80118
consulted for the government, examining inventions submitted for	80119
military use and working on defensive devices for submarines and	80120
ships. For his service, he eventually was awarded a Distinguished	80121
Service Medal by the Department of the Navy. By the time of his	80122
death, he had received over one thousand patents.	80123

Thomas Edison also has had a significant impact on the state	80124
of Ohio. He established the Edison Steel Company in Cleveland,	80125
Ohio, and established one of the first electric power stations in	80126
Tiffin, Ohio. His General Electric Company established the first	80127
industrial park in Ohio, which has employed hundreds of thousands	80128
of people over time. And the Ohio Department of Development	80129
sponsors The Thomas Edison Award, which was established in	80130
partnership with the Edison Birthplace Museum in Milan, Ohio. The	80131
Edison Birthplace Museum also has been instrumental in the	80132
issuance of a Thomas Edison stamp and commemorative silver dollar,	80133
and has received, on Thomas Edison's behalf, a posthumously	80134
awarded GRAMMY Award.	80135

Thomas Edison's impact on the world, and, in particular, on	80136
the state of Ohio, through his inventions, business endeavors, and	80137
government service, merits inclusion of a statue of him in the	80138
National Statuary Hall Collection.	80139

(2) The Ohio Statuary Hall Commission, a nonprofit Ohio	80140
corporation, was established in 2009 for the purpose of assisting	80141
with the process of recommending an Ohio citizen for statuary	80142
representation in the National Statuary Hall Collection, including	80143
raising funds and providing financial support for that effort. If	80144
the Joint Committee on the Library of Congress approves this	80145
replacement statue request, the Commission shall be responsible	80146
for the selection of a sculptor for the Thomas Edison statue as	80147
well as for paying all costs incurred for placing the Thomas	80148
Edison statue in the United States Capitol, including costs	80149
incurred for all of the following:	80150

(a) Paying the sculptor;

80151

(b) Carving or casting the statue;

80152

80153

(d) Transporting the statue and pedestal to the United States	80154
Capitol;	80155

(e) Removing and transporting the replaced statue;

80156

(f) Temporarily erecting the new statue in the Rotunda of the	80157
Capitol for the unveiling ceremony;	80158

(g) Expenses related to the unveiling ceremony; and

80159

(h) Any other expenses that the Ohio Statuary Hall Commission	80160
finds it to be necessary to incur.	80161

(C) As required by the Procedure for Replacement of Statues	80162
in the National Statuary Hall Collection, the Governor shall	80163
submit to the Architect of the Capitol a copy of this act, along	80164
with a letter from the Governor, requesting approval from the	80165
Joint Committee on the Library of Congress to replace Ohio's	80166
statue of Governor William Allen in the National Statuary Hall	80167
Collection with a statue of Thomas Edison.	80168

Section 701.141. The Department of Administrative Services	80169
shall conduct a study of the use of compressed natural gas in the	80170
motor vehicle fleets of the state and political subdivisions. The	80171
study shall examine the feasibility, budgetary effect, and return	80172
on investment from the use of compressed natural gas in the motor	80173
vehicle fleets of the state and political subdivisions, including	80174
transit fleets operated under Chapter 306. of the Revised Code. In	80175
examining the potential return on investment, the Department shall	80176
consider the impact of converting all or part of the different	80177
motor vehicle fleets over a period of two to four years and shall	80178
develop various proposals for funding the conversion of the motor	80179
vehicle fleets. The Department may conduct public hearings and may	80180
consult with experts and other persons as the Department considers	80181
necessary to fulfill its duties under this act.	80182

Not later than six months after the effective date of this	80183
section, the Department shall issue a report on its findings and	80184
recommendations on using compressed natural gas to fuel the motor	80185
vehicle fleets of the state and political subdivisions, including	80186
any recommendation for funding the conversion to compressed	80187
natural gas. The Department shall furnish copies of its report to	80188
the Governor, the Ohio Senate, and the Ohio House of	80189
Representatives.	80190

As used in this section, "political subdivision" means a	80191
county, township, municipal corporation, or any other body	80192
corporate and politic that is responsible for government	80193
activities in a geographic area smaller than that of the state.	80194

Section 701.151. Upon the effective date of this act, all	80195
references to the Development Services Agency or Director of	80196
Development Services in uncodified sections of law in this act	80197
shall be deemed to refer to the Department of Development or the	80198
Director of Development, respectively.	80199

Section 707.10. For fiscal years 2013 and 2014, the	80200
legislative authority of a municipal corporation in a county, with	80201
a population between three hundred seventy-five thousand and four	80202
hundred thousand according to the most recent federal decennial	80203
census, may conduct a pilot program whereby the legislative	80204
authority may use up to five per cent of the aggregate amount of	80205
money deposited in the municipal corporation's sewer fund and up	80206
to five per cent of the aggregate amount of money deposited in a	80207
fund created by the municipal corporation for water-works for the	80208
purpose of extending the municipal corporation's water or sewerage	80209
system, as applicable, if both of the following apply:	80210

(A) The water or sewerage system is being extended to areas	80211
for economic development purposes.	80212

(B) The areas into which the water or sewerage system is	80213
being extended are the subject of a cooperative economic	80214
development agreement entered into by the municipal corporation	80215
under section 701.07 of the Revised Code.	80216

With regard to either fund, the legislative authority shall	80217
not exceed the five per cent limit established in this section.	80218

Section 709.11. Upon the expiration of the term of a member	80219
who is serving on the Ohio Grape Industries Committee created in	80220
section 924.51 of the Revised Code immediately prior to the	80221
effective date of this act, the Director of Agriculture shall	80222
appoint a member for a new term in accordance with that section as	80223
amended by this act.	80224

Section 729.20. BIOMETRIC ENROLLMENT AND VERIFICATION SYSTEM	80225
PILOT PROJECT	80226

(A) As used in this section, "dangerous drug" and	80227
"prescriber" have the same meanings as in section 4729.01 of the	80228
Revised Code.	80229

(B) For the purpose of reducing the occurrence of activities	80230
known as "drug diversion" and "doctor shopping," there is hereby	80231
established the Biometric Enrollment and Verification System Pilot	80232
Project. Contracts for the pilot project shall be entered into as	80233
follows: (1) Not later than June 1, 2012, the Department of	80234
Alcohol and Drug Addiction Services shall enter into a contract	80235
with a hospital in Gallia County to administer the project.	80236

(2) Not later than June 27, 2012, the hospital shall enter	80237
into a contract with a vendor to implement the project.	80238

(C) Not later than July 1, 2012, the vendor under contract	80239
for the pilot project shall implement the project in one or more	80240
counties selected by the vendor from among the following: Athens,	80241
Gallia, Jackson, Lawrence, Meigs, Scioto, and Vinton counties.	80242

In the selected counties, the vendor shall develop a system	80243
under which a prescriber of dangerous drugs may use biometric	80244
authentication to compare health records from multiple sources to	80245
confirm the eligibility of a patient to receive a prescription for	80246
a dangerous drug. In developing the system, the vendor shall	80247
establish a real-time patient registration and verification	80248
process that includes unique identifiers, including photographic	80249
images of individuals and images of their fingerprints. The system	80250
shall be developed in such a manner that a prescriber is able to	80251
compare the identity of a patient who is seeking a prescription	80252
with the unique identifiers included in the system.	80253

(D) Not later than December 31, 2012, the vendor under	80254
contract to implement the pilot project shall prepare a report and	80255
submit copies to the Governor, Department of Alcohol and Drug	80256
Addiction Services, and, in accordance with section 101.68 of the	80257
Revised Code, the General Assembly. The report shall include an	80258
analysis of the efficacy of the pilot project and recommendations	80259
for the establishment of a Medicaid billing code for use in a	80260
statewide system based on the system used in the pilot project.	80261

The pilot project shall cease to exist on submission of the	80262
report.	80263

Section 733.05. Not later than ninety days after the	80264
effective date of this section, the Ohio Board of Regents shall	80265
complete a review of each entity that held the Department of	80266
Insurance's designation under section 3305.03 of the Revised Code	80267
immediately prior to the effective date of this act. In conducting	80268
the review, the Board shall comply with the applicable	80269
requirements of sections 3305.03 and 3305.031 of the Revised Code,	80270
as amended and enacted by this act.	80271

Section 733.10. (A) This section applies to a state	80272
university, as defined in section 3345.011 of the Revised Code,	80273
that has a main campus subsidy-eligible undergraduate enrollment	80274
of more than 17,000 but less than 22,000 students for fiscal year	80275
2012.	80276

(B) Notwithstanding section 3313.41 of the Revised Code, when	80277
a school district board of education decides to dispose of real	80278
property that the board owns in its corporate capacity, exceeds in	80279
value ten thousand dollars, and is located within one hundred	80280
yards of any classroom or administrative building on the main	80281
campus of the state university as described in division (A) of	80282
this section, prior to offering that property for sale under	80283
divisions (A) to (G) of section 3313.41 of the Revised Code, the	80284
board may offer that property to the board of trustees of the	80285
state university in either or both of the following manners:	80286

(1) In an "as is" condition in return for an agreement	80287
between the board of trustees and the school district board, under	80288
which the university will provide the school district with in-kind	80289
services, educational programs, or other assistance valued in the	80290
aggregate in an amount reasonably related to the appraised fair	80291
market value of the property;	80292

(2) For sale for money at a price that is not higher than the	80293
appraised fair market value of that property.	80294

(C) If the board of trustees does not accept either offer, or	80295
if the agreement is not entered into between the school district	80296
board and the board of trustees, within sixty days after the offer	80297
is made by the district board, the district board then shall offer	80298
the property for sale as provided in division (G) of section	80299
3313.41 of the Revised Code.	80300

(D) This section expires on December 31, 2012.

80301

Section 733.15. A new conversion community school	80302
established under division (B) of section 3314.02 of the Revised	80303
Code may open for operation not later than September 30, 2012,	80304
notwithstanding the deadlines prescribed by division (D) of	80305
section 3314.02 of the Revised Code for adoption and signing of	80306
the contract under section 3314.03 of the Revised Code, but those	80307
parties shall adopt and sign the contract, and file a copy of it	80308
with the Superintendent of Public Instruction, prior to the	80309
school's opening.	80310

Section 737.10. ABOLISHMENT OF THE PUBLIC HEALTH COUNCIL

80311

On the effective date of this section, the Public Health	80312
Council is abolished and the responsibilities of the Public Health	80313
Council are transferred to the Director of Health.	80314

Any business before the Public Health Council commenced but	80315
not completed before the effective date of this section shall be	80316
completed by the Director of Health. The business shall be	80317
completed in the same manner, and with the same effect, as if	80318
completed by the Director of Health immediately prior to the	80319
effective date of this section.	80320

No validation, cure, right, privilege, remedy, obligation, or	80321
liability is lost or impaired by reason of this act's abolishment	80322
of the Public Health Council and transfer of responsibility to the	80323
Director of Health. Each such validation, cure, right, privilege,	80324
remedy, obligation, or liability shall be administered by the	80325
Director of Health.	80326

All rules, orders, and determinations of the Public Health	80327
Council adopted or made immediately prior to the effective date of	80328
this section shall continue in effect as rules, orders, and	80329
determinations of the Director of Health until modified or	80330
rescinded by the Director of Health. If necessary to ensure the	80331
integrity of the numbering system of the Administrative Code, the	80332
Director of the Legislative Service Commission shall renumber the	80333
rules to reflect the transfer of the Public Health Council's	80334
responsibilities to the Director of Health.	80335

Any action or proceeding that is related to the functions or	80336
duties of the Public Health Council pending on the effective date	80337
of this section is not affected by the transfer and shall be	80338
prosecuted or defended in the name of the Director of Health. In	80339
all such actions and proceedings, the Director of Health, on	80340
application to the court, shall be substituted as a party.	80341

Section 737.20. (A) On the effective date of the amendment of	80342
the statutes governing the Division of Recycling and Litter	80343
Prevention in the Department of Natural Resources by this act or	80344
on July 1, 2012, whichever is later, the Division of Recycling and	80345
Litter Prevention is abolished, and all of its functions, together	80346
with its assets and liabilities, are transferred from within the	80347
Department of Natural Resources to within the Environmental	80348
Protection Agency.	80349

(B) Any business commenced but not completed by the Division	80350
of Recycling and Litter Prevention in the Department of Natural	80351
Resources on the effective date of the transfer shall be completed	80352
by the Environmental Protection Agency. Any validation, cure,	80353
right, privilege, remedy, obligation, or liability is not lost or	80354
impaired solely by reason of the transfer required by this section	80355
and shall be administered by the Environmental Protection Agency	80356
in accordance with this act.	80357

(C) All of the rules, orders, and determinations of the	80358
Division of Recycling and Litter Prevention in the Department of	80359
Natural Resources or of the Department of Natural Resources in	80360
relation to that Division continue in effect as rules, orders, and	80361
determinations of the Environmental Protection Agency until	80362
modified or rescinded by the Environmental Protection Agency. If	80363
necessary to ensure the integrity of the numbering of the	80364
Administrative Code, the Director of the Legislative Service	80365
Commission shall renumber rules of the Department of Natural	80366
Resources in relation to the former Division of Recycling and	80367
Litter Prevention in that Department to reflect the transfer to	80368
the Environmental Protection Agency.	80369

(D) Subject to the provisions of the applicable bargaining	80370
unit agreements, all of the positions of the Division of Recycling	80371
and Litter Prevention in the Department of Natural Resources are	80372
transferred to the Environmental Protection Agency. Employees who	80373
transfer with the positions shall retain their same or	80374
substantially similar positions and all the benefits accruing	80375
thereto. Upon completion of the transfer, the employees shall be	80376
subject to the policies and procedures of the Environmental	80377
Protection Agency.	80378

(E) Whenever the Division of Recycling and Litter Prevention	80379
in the Department of Natural Resources or the Chief of the	80380
Division of Recycling and Litter Prevention is referred to in any	80381
law, contract, or other document, the reference shall be deemed to	80382
refer to the Environmental Protection Agency or to the Director of	80383
Environmental Protection, whichever is appropriate in context.	80384

(F) Any action or proceeding pending on the effective date of	80385
the amendment of the statutes governing the Division of Recycling	80386
and Litter Prevention by this act is not affected by the transfer	80387
of the functions of that Division by this act and shall be	80388
prosecuted or defended in the name of the Environmental Protection	80389
Agency. In all such actions and proceedings, the Environmental	80390
Protection Agency, upon application to the court, shall be	80391
substituted as a party.	80392

Section 737.30. The Recycling and Litter Prevention Advisory	80393
Council created within the Environmental Protection Agency by	80394
section 3736.04 of the Revised Code, as amended and renumbered by	80395
this act, is a continuation of the Recycling and Litter Prevention	80396
Advisory Council created within the Division of Recycling and	80397
Litter Prevention in the Department of Natural Resources by	80398
section 1502.04 of the Revised Code prior to its amendment and	80399
renumbering by this act.	80400

Section 737.40. (A) As used in this section:

80401

(1) "Food service operation," "retail food establishment,"	80402
and "vending machine location" have the same meanings as in	80403
section 3717.01 of the Revised Code.	80404

(2) "Micro market" means an area or room that has displays of	80405
not more than two hundred fifty linear feet that offer either of	80406
the following:	80407

(a) Prepackaged foods that are not time- or	80408
temperature-controlled for food safety purposes;	80409

(b) Prepackaged foods that are refrigerated or frozen and	80410
time- or temperature-controlled for food safety purposes and that	80411
are stored in equipment that complies with Chapter 3717-1 of the	80412
Administrative Code.	80413

(B) Until the Director of Agriculture adopts rules under	80414
section 3717.04 of the Revised Code governing the licensure of	80415
micro markets, the operation of a micro market is exempt from the	80416
licensure requirements for retail food establishments, food	80417
service operations, and vending machine locations established	80418
under Chapter 3717. of the Revised Code. This division applies to	80419
a micro market that was previously exempted under division (B)(5)	80420
of section 3717.22 of the Revised Code by the Director from being	80421
licensed as a retail food establishment.	80422

(C) Not later than sixty days following the adoption of rules	80423
by the Director under section 3717.04 of the Revised Code	80424
governing the licensure of micro markets, the operator of a micro	80425
market shall apply for a license in accordance with those rules.	80426

Section 737.50. Not later than 30 days after the amendment by	80427
this act of section 3791.11 of the Revised Code takes effect, the	80428
Treasurer of State shall give written notice to each property	80429
owner or lessee who, under former division (D) of that section,	80430
deposited money or a surety or government-issued bond with the	80431
Treasurer of State that the money will be refunded or the bond	80432
will be released within the following time period, and that the	80433
property owner or lessee must file a bond in the manner required	80434
by division (C) of section 3791.11 of the Revised Code immediately	80435
after the refund or release:	80436

(A) If money was deposited, the Treasurer of State will	80437
refund the money to the property owner or lessee within 180 days	80438
after the effective date of section 3791.11 of the Revised Code,	80439
as amended by this act;	80440

(B) If a surety bond was deposited, the Treasurer of State	80441
will release the bond to the property owner or lessee upon the	80442
earlier of the expiration of the bond or within two years after	80443
the effective date of section 3791.11 of the Revised Code, as	80444
amended by this act;	80445

(C) If a government-issued bond was deposited, the Treasurer	80446
of State will release the bond to the property owner or lessee	80447
within 180 days after the effective date of section 3791.11 of the	80448
Revised Code, as amended by this act.	80449

Section 737.60. LUPUS EDUCATION AND AWARENESS PROGRAM

80450

(A) In establishing the Lupus Education and Awareness Program	80451
under sections 3701.77 to 3701.775 of the Revised Code, as enacted	80452
by this act, the General Assembly hereby finds the following:	80453

(1) Lupus is a serious, complex, and debilitating autoimmune	80454
disease that can cause inflammation and tissue damage to virtually	80455
any organ system in the body, including the skin, joints, other	80456
connective tissue, blood and blood vessels, heart, lungs, kidneys,	80457
and brain.	80458

(2) The Lupus Foundation of America, Inc., estimates that	80459
approximately 1.5 to 2 million Americans live with lupus.	80460

(3) According to the Centers for Disease Control and	80461
Prevention, the rate of lupus mortality has increased since the	80462
late 1970s.	80463

(4) The pain and fatigue associated with lupus can threaten	80464
the ability to live independently, maintain employment, and lead a	80465
normal life. One in five individuals with lupus is disabled by the	80466
disease, and consequently receives support from government	80467
programs, including Medicare, Medicaid, Social Security	80468
Disability, and Social Security Supplemental Income.	80469

(5) The estimated average annual cost of medical treatment	80470
for an individual with lupus is between $10,000 and $30,000; for	80471
individuals who have the most serious form of lupus, medical costs	80472
can greatly exceed this amount, causing a significant economic,	80473
emotional, and social burden to the entire family and society.	80474

(6) More than half of individuals with lupus suffer four or	80475
more years and visit three or more physicians before obtaining a	80476
diagnosis of lupus; early diagnosis of and treatment for lupus can	80477
prevent or reduce serious organ damage, disability, and death.	80478

(7) Despite the magnitude of lupus and its impact on	80479
individuals and families, health professional and public	80480
understanding of lupus remains low; only one in five Americans can	80481
provide basic information about lupus, and awareness of lupus is	80482
lowest among adults 18 to 34 years of age - the age group most	80483
likely to develop lupus.	80484

(8) Lupus is a significant national health issue that	80485
deserves a comprehensive and coordinated response by state and	80486
federal governments with involvement of the health care provider,	80487
patient, and public health communities.	80488

(B) The purpose of sections 3701.77 to 3701.775 of the	80489
Revised Code, as enacted by this act, is to create a	80490
multi-pronged, statewide program to promote public and health	80491
professional awareness and increase knowledge concerning the	80492
causes and consequences of lupus, the importance of early	80493
diagnosis and appropriate management, and effective treatment and	80494
management strategies by all of the following:	80495

(1) Conducting educational and training programs for health	80496
professionals on lupus diagnosis and management;	80497

(2) Developing and disseminating educational materials and	80498
information to patients and health professionals on lupus research	80499
results and health care services available;	80500

(3) Designing and implementing a statewide public education	80501
campaign aimed at heightening public awareness of lupus;	80502

(4) Leveraging educational and training resources and	80503
services previously developed by organizations with appropriate	80504
expertise and knowledge of lupus.	80505

Section 737.70. PILOT PROGRAM FOR OPIOID- AND	80506
ALCOHOL-DEPENDENT OFFENDERS	80507

(A) The Department of Alcohol and Drug Addiction Services	80508
shall conduct a pilot program to provide to certain	80509
opioid-dependent, alcohol-dependent, or opioid- and	80510
alcohol-dependent offenders within the criminal justice system	80511
treatment to prevent relapse into dependency, including	80512
medication-assisted treatment. The medication-assisted treatment	80513
shall be provided by using one or more drugs that constitute	80514
long-acting antagonist therapy and meet all of the following	80515
conditions:	80516

(1) There is no potential for abuse of the drugs by the	80517
person to whom they are given or through diversion of the drugs to	80518
others.	80519

(2) There is no potential for a person to become addicted to	80520
or otherwise dependent on the drugs.	80521

(3) The drugs have been approved by the United States Food	80522
and Drug Administration to prevent relapse into opioid dependency,	80523
alcohol dependency, or opioid and alcohol dependency.	80524

(B) The Department shall conduct the program in Franklin	80525
County and Scioto County and may conduct the program in any one or	80526
more other counties the Department selects. In conducting the	80527
program, the Department shall collaborate with the boards of	80528
alcohol, drug addiction, and mental health services that serve the	80529
counties included in the program. The Department also shall	80530
collaborate with the Departments of Mental Health, Job and Family	80531
Services, and Health and with any other state agency that the	80532
Department determines may be of assistance in accomplishing the	80533
objectives of the program.	80534

(C) The program shall serve not more than one hundred fifty	80535
opioid-dependent or alcohol-dependent offenders selected by the	80536
Department, each of whom meets all of the following criteria:	80537

(1) Is either being released from a community-based	80538
correctional facility or being diverted from prosecution under	80539
section 2935.36 of the Revised Code by a county drug court or	80540
municipal court;	80541

(2) Is transitioning to community-based programs as	80542
prescribed by the court;	80543

(3) Was opioid dependent, alcohol dependent, or opioid and	80544
alcohol dependent at the time of committing the offense for which	80545
the offender was most recently sentenced;	80546

(4) Resides in this state and in the offender's own	80547
court-approved residence or court-approved transitional housing.	80548

(D) A program participant shall do both of the following:

80549

(1) Commit to participate in the program for twelve months	80550
and comply with all requirements established by the program,	80551
sentencing court, and treatment providers, including testing,	80552
counseling, medication therapies, and reporting requirements;	80553

(2) Attend any on-site programming specified by the	80554
sentencing court or treatment provider.	80555

(E) Treatment under the program shall be provided by an	80556
alcohol and drug addiction program certified by the Department	80557
under section 3793.06 of the Revised Code. Treatment shall be	80558
based on an integrated service delivery model. The treatment	80559
provider shall do all of the following:	80560

(1) Conduct a professional, comprehensive substance abuse and	80561
mental health diagnostic assessment of each person who is a	80562
potential program participant to determine whether the person is	80563
opioid dependent, alcohol dependent, or opioid and alcohol	80564
dependent and would benefit from substance abuse treatment and	80565
monitoring to address the dependency;	80566

(2) Determine treatment needs for each program participant	80567
based on the diagnostic assessment;	80568

(3) Develop individualized goals and objectives for each	80569
program participant that follow guidelines provided by the	80570
Department;	80571

(4) Provide initial treatment to each program participant by	80572
persons professionally qualified to provide substance abuse	80573
counseling or treatment;	80574

(5) Provide substance abuse and co-occurring disorder	80575
treatment that includes psychosocial therapies and monthly	80576
medication-assisted treatment;	80577

(6) Provide access to long-acting antagonist therapies to the	80578
same extent that access may be provided to any other	80579
medication-assisted treatment approved by the United States Food	80580
and Drug Administration;	80581

(7) Monitor program compliance through regular urinalysis	80582
drug testing.	80583

(F) Not later than three months after the program has ended,	80584
Kent State University shall prepare a report of the findings	80585
obtained from the program, along with its recommendations, if any.	80586
The University shall include in the report data derived from the	80587
drug testing performed under the program. In preparing the report,	80588
the University shall obtain assistance from the Department of	80589
Alcohol and Drug Addition Services. When the report is complete,	80590
the University shall submit the report to the Governor; President	80591
of the Senate; Speaker of the House of Representatives;	80592
Departments of Mental Health, Job and Family Services, and Health;	80593
and any other agency the Department collaborates with in	80594
conducting the program.	80595

Section 737.91. It is expected that the Futures Committee of	80596
the Ohio Association of Health Commissioners will release a report	80597
in June 2012 on the future of local public health in Ohio. The	80598
Legislative Committee on Public Health Futures shall review the	80599
Future Committee's report, and, on the basis of its review,	80600
recommend legislative and fiscal policies that would improve local	80601
public health services in Ohio. The Legislative Committee, not	80602
later than October 31, 2012, shall prepare a report that describes	80603
its review of the Future Committee's report, and that states, and	80604
provides explanations of, its policy recommendations. The	80605
Legislative Committee shall transmit a copy of its report to the	80606
Governor, the President and Minority Leader of the Senate, and the	80607
Speaker and Minority Leader of the House of Representatives for	80608
consideration as part of the operating budget for fiscal years	80609
2014 and 2015. Upon transmitting its report, the Legislative	80610
Committee ceases to exist.	80611

There is the Legislative Committee on Public Health Futures.	80612
Each of the following associations shall appoint one individual to	80613
the Legislative Committee: the County Commissioners Association of	80614
Ohio, the Ohio Township Association, the Department of Health, the	80615
Ohio Public Health Association, the Ohio Environmental Health	80616
Association, the Ohio Boards of Health Association, the Ohio	80617
Municipal League, and the Ohio Hospital Association. The	80618
Association of Ohio Health Commissioners shall appoint two	80619
individuals to the Legislative Committee. The President and	80620
Minority Leader of the Senate each shall appoint two members to	80621
the Legislative Committee. The Speaker and Minority Leader of the	80622
House of Representatives each shall appoint two members to the	80623
Legislative Committee. Of the two appointments made by each	80624
legislative leader, one shall be a member of the General Assembly	80625
from the appointing member's chamber. Appointments shall be made	80626
as soon as possible but not later than thirty days after the	80627
effective date of this section. Vacancies on the Legislative	80628
Committee shall be filled in the same manner as the original	80629
appointment.	80630

As soon as all members have been appointed to the Legislative	80631
Committee, the President of the Senate shall fix a time and place	80632
for the committee to hold its first meeting. At that meeting, the	80633
committee shall elect from among its membership a chairperson, a	80634
vice-chairperson, and a secretary. The Director of Health shall	80635
provide the Legislative Committee with meeting and office space,	80636
equipment, and professional, technical, and clerical staff as are	80637
necessary to enable the Legislative Committee successfully to	80638
complete its work.	80639

Section 747.10.10. (A) The Manufactured Homes Commission	80640
shall adopt the rules required by section 4781.26 of the Revised	80641
Code as amended by this act not later than December 1, 2012. After	80642
adopting the rules, the Commission immediately shall notify the	80643
Director of Health.	80644

(B)(1) The rules governing manufactured home parks adopted by	80645
the Public Health Council under former section 3733.02 of the	80646
Revised Code shall remain in effect in a health district until the	80647
Commission adopts rules under section 4781.26 of the Revised Code	80648
as amended by this act.	80649

(2) On the effective date of the rules adopted by the	80650
Commission as required by section 4781.26 of the Revised Code as	80651
amended by this act, the Public Health Council rules adopted under	80652
former section 3733.02 of the Revised Code cease to be effective	80653
within the jurisdiction of that board of health.	80654

(C) No board of health of a city or general health district	80655
shall invoice or collect manufactured home park licensing fees for	80656
calendar year 2013.	80657

(D) As used in this section:

80658

(1) "Manufactured home park," "board of health," and "health	80659
district" have the same meanings as in section 4781.01 of the	80660
Revised Code, as amended by this act.	80661

(2) "Public Health Council" means the Public Health Council	80662
created by section 3701.33 of the Revised Code.	80663

Section 747.10.20. Any manufactured home park license and	80664
inspection fees collected pursuant to former section 3733.04 of	80665
the Revised Code by a board of health prior to the transition of	80666
the annual license and inspection program to the Manufactured	80667
Homes Commission as required under this act in the amount of two	80668
thousand dollars or less may be transferred to the health fund of	80669
the city or general health district. Any of those funds in excess	80670
of two thousand dollars shall be transferred to the Manufactured	80671
Homes Commission Regulatory Fund created in section 4781.54 of the	80672
Revised Code as enacted by this act.	80673

Section 747.10.30. Notwithstanding the original term of the	80674
appointment, the term of the Manufactured Homes Commission member	80675
who was appointed by the Governor as a representative of the	80676
Department of Health pursuant to division (B)(2)(b) of section	80677
4781.02 of the Revised Code shall end on the effective date of	80678
that section as amended by this act. The initial term of the	80679
registered sanitarian appointed to the Manufactured Homes	80680
Commission pursuant to section 4781.02 of the Revised Code, as	80681
amended by this act, shall expire on the date when the	80682
representative of the Department of Health's term would have	80683
expired, but for this section.	80684

Section 747.31. A licensee whose license is in a voluntary	80685
hold status under Chapter 4735. of the Revised Code on the	80686
effective date of this section may apply to the Superintendent of	80687
the Division of Real Estate and Professional Licensing for	80688
reactivation of the license in accordance with rules adopted by	80689
the Ohio Real Estate Commission or may apply to place the license	80690
in a resigned status within the ninety-day period after the	80691
effective date of this section. The license of a licensee who does	80692
not reactivate or resign a license that is in a voluntary hold	80693
status on the effective date of this section shall be	80694
automatically suspended. A suspended license may be reactivated	80695
within twelve months of the date of suspension, provided that the	80696
renewal fee plus a penalty fee of fifty per cent of the renewal	80697
fee is paid to the Superintendent. Failure to reactivate the	80698
suspended license within twelve months as provided in this section	80699
shall result in automatic revocation of the license without the	80700
taking of any action by the Superintendent.	80701

Section 751.03. TRANSFER OF MEDICAID AND CHILDREN'S HEALTH	80702
INSURANCE PROGRAM	80703

(A) Notwithstanding the amendments made by this act to	80704
section 5111.01 of the Revised Code:	80705

(1) The Office of Medical Assistance shall not replace the	80706
Department of Job and Family Services as the single state agency	80707
to supervise the administration of Medicaid until the replacement	80708
is approved by the United States Centers for Medicare and Medicaid	80709
Services if such approval is needed.	80710

(2) A contract regarding Medicaid or the Children's Health	80711
Insurance Program that is in effect on the effective date of this	80712
section shall continue to be operated in accordance with the	80713
contract's terms until the contract is amended, expires, or is	80714
terminated.	80715

(B) Subject to division (A)(1) of this section:

80716

(1) The Office of Medical Assistance is responsible for	80717
entering into contracts regarding Medicaid and the Children's	80718
Health Insurance Program on or after the effective date of this	80719
section.	80720

(2) Any rules of the Department of Job and Family Services	80721
regarding Medicaid or the Children's Health Insurance Program that	80722
are in effect on the effective date of this section are hereby	80723
rules of the Office of Medical Assistance and the Medical	80724
Assistance Director may amend or rescind the rules in a manner	80725
consistent with the statutes that authorize the rules.	80726

(C) The Director of Job and Family Services and Medical	80727
Assistance Director shall collaborate as necessary to provide for	80728
the Office of Medical Assistance to assume the Department of Job	80729
and Family Services' duties and authorities regarding Medicaid and	80730
the Children's Health Insurance Program.	80731

(D) It is the General Assembly's intent to amend the laws	80732
governing Medicaid and the Children's Health Insurance Program to	80733
replace references to the Director of Job and Family Services with	80734
references to the Medical Assistance Director and to replace	80735
references to the Department of Job and Family Services with	80736
references to the Office of Medical Assistance as appropriate in	80737
the context of transferring authority for those programs from the	80738
Department of Job and Family Services to the Office of Medical	80739
Assistance.	80740

Section 751.05. FISCAL YEAR 2013 QUALITY BONUS PAYMENTS TO	80741
NURSING FACILITIES	80742

(A) As used in this section:

80743

(1) "Medicaid days," "nursing facility," and "provider" have	80744
the same meanings as in section 5111.20 of the Revised Code.	80745

(2) "Point days" means the product of the following:

80746

(a) A qualifying nursing facility's quality bonus points for	80747
fiscal year 2013;	80748

(b) The number of the qualifying nursing facility's Medicaid	80749
days in fiscal year 2012.	80750

(3) "Qualifying nursing facility" means a nursing facility	80751
that qualifies for a quality bonus for fiscal year 2013 as	80752
determined under division (C) of this section.	80753

(4) "Quality bonus points" means the amount determined by	80754
subtracting five from the number of points awarded to a qualifying	80755
nursing facility under division (C) of section 5111.244 of the	80756
Revised Code for fiscal year 2013.	80757

(B) In addition to the quality bonuses, if any, to be paid to	80758
nursing facilities in accordance with section 5111.245 of the	80759
Revised Code for fiscal year 2013, quality bonuses also shall be	80760
paid to nursing facilities in accordance with this section for	80761
fiscal year 2013.	80762

(C) Not later than July 31, 2012, the Department of Job and	80763
Family Services shall pay a nursing facility provider a quality	80764
bonus for fiscal year 2013 if the provider's nursing facility is	80765
awarded more than five points under division (C) of section	80766
5111.244 of the Revised Code for fiscal year 2013 and at least one	80767
of the points is awarded to the nursing facility pursuant to	80768
division (C)(10), (11), (12), (13), or (14) of that section.	80769

(D) The total quality bonus to be paid to the provider of a	80770
qualifying nursing facility for fiscal year 2013 shall equal the	80771
product of the following:	80772

(1) The quality bonus per Medicaid day for the fiscal year	80773
determined for the provider's qualifying nursing facility under	80774
division (E) of this section;	80775

(2) The number of the qualifying nursing facility's Medicaid	80776
days in fiscal year 2012.	80777

(E) A qualifying nursing facility's quality bonus per	80778
Medicaid day for fiscal year 2013 shall be the product of the	80779
following:	80780

(1) The nursing facility's quality bonus points for fiscal	80781
year 2013;	80782

(2) The quality bonus per point for fiscal year 2013	80783
determined under division (F) of this section.	80784

(F) The quality bonus per point for fiscal year 2013 shall be	80785
determined as follows:	80786

(1) Determine the number of each qualifying nursing	80787
facility's point days for fiscal year 2013.	80788

(2) Determine the sum of all qualifying nursing facilities'	80789
point days for fiscal year 2013.	80790

(3) Divide thirty million dollars by the sum determined under	80791
division (F)(2) of this section.	80792

(G) The calculation of a qualifying nursing facility's bonus	80793
payment is not subject to appeal under Chapter 119. of the Revised	80794
Code.	80795

(H) The Director of Job and Family Services may adopt rules	80796
under section 5111.02 of the Revised Code as necessary to	80797
implement this section.	80798

Section 751.10. LICENSURE OF ICFs/MR AS RESIDENTIAL	80799
FACILITIES	80800

(A) Until July 1, 2013, a person or government agency that,	80801
on the effective date of this section, operates an intermediate	80802
care facility for the mentally retarded pursuant to a nursing home	80803
license issued under Chapter 3721. of the Revised Code shall not	80804
be subject to a penalty under section 5123.99 of the Revised Code	80805
for operating the facility without a license issued under section	80806
5123.19 of the Revised Code notwithstanding sections 5123.20 and	80807
5123.99 of the Revised Code.	80808

(B) Notwithstanding the amendments by this act to sections	80809
3702.62, 3721.01, and 5123.19 of the Revised Code and the repeal	80810
by this act of section 5123.192 of the Revised Code, an	80811
intermediate care facility for the mentally retarded that is	80812
licensed as a nursing home under Chapter 3721. of the Revised Code	80813
on the effective date of this section shall continue to be a	80814
nursing home for the purposes for which it is considered to be a	80815
nursing home under the law in effect on the day immediately	80816
preceding the effective date of those amendments and that repeal	80817
until the earliest of the following:	80818

(1) The date that the facility's nursing home license is	80819
revoked or voided under section 3721.07 of the Revised Code;	80820

(2) The date that a residential facility license is obtained	80821
for the facility under section 5123.19 of the Revised Code;	80822

(3) July 1, 2013.

80823

(C) Notwithstanding the amendment by this act to section	80824
3721.21 of the Revised Code, a nursing home or part of a nursing	80825
home certified as an intermediate care facility for the mentally	80826
retarded on the effective date of this section shall continue to	80827
be excluded from the definition of "long-term care facility" in	80828
that section for as long as it is certified as an intermediate	80829
care facility for the mentally retarded.	80830

(D) Notwithstanding the amendment by this act to section	80831
3721.50 of the Revised Code, a nursing home or part of a nursing	80832
home licensed under section 3721.02 or 3721.09 of the Revised Code	80833
that is certified as an intermediate care facility for the	80834
mentally retarded on the effective date of this section shall	80835
continue to be exempt from the franchise permit fee under sections	80836
3721.50 to 3721.58 of the Revised Code and instead subject to the	80837
franchise permit fee under sections 5112.30 to 5112.39 of the	80838
Revised Code for as long as it is certified as an intermediate	80839
care facility for the mentally retarded.	80840

(E) Notwithstanding the amendment by this act to section	80841
5123.41 of the Revised Code, a nursing home or part of a nursing	80842
home that is certified as an intermediate care facility for the	80843
mentally retarded on the effective date of this section shall	80844
continue to be a residential facility for the purpose of section	80845
5123.41 of the Revised Code for as long as it is certified as an	80846
intermediate care facility for the mentally retarded or is	80847
licensed under section 5123.19 of the Revised Code.	80848

(F) Notwithstanding the amendment by this act to section	80849
5126.51 of the Revised Code, a nursing home or part of a nursing	80850
home that is certified as an intermediate care facility for the	80851
mentally retarded on the effective date of this section shall	80852
continue to be a residential facility for the purpose of section	80853
5126.51 of the Revised Code for as long as it is certified as an	80854
intermediate care facility for the mentally retarded or otherwise	80855
meets the definition of "residential facility" in section 5123.19	80856
of the Revised Code.	80857

Section 751.10.10. ADULT CARE FACILITY LICENSURE TRANSITION

80858

Pursuant to the amendment and repeal by this act of sections	80859
5119.22, 5119.70 to 5119.88, and 5119.99 of the Revised Code, the	80860
Director of Mental Health may convert an adult care facility's	80861
license in effect immediately before the effective date of this	80862
section to a license as a residential facility. Until the Director	80863
converts the license or issues an order denying the conversion,	80864
the adult care facility's license is deemed to be a residential	80865
facility license. All rules, orders, and determinations pertaining	80866
to the adult care facility license continue in effect as rules,	80867
orders, and determinations pertaining to the residential facility	80868
license.	80869

Section 751.12. TRANSITION FOR CERTIFIED ADULT FOSTER HOMES

80870

Pursuant to the amendment and repeal by this act of sections	80871
5119.22, 5119.692, and 5119.693 of the Revised Code, the Director	80872
of Mental Health may convert an adult foster home's certification	80873
in effect immediately before the effective date of this section to	80874
a license as a residential facility. Until the Director converts	80875
the certification or issues an order denying the conversion, the	80876
adult foster home's certification is deemed to be a residential	80877
facility license. All rules, orders, and determinations pertaining	80878
to the adult foster home's certification continue in effect as	80879
rules, orders, and determinations pertaining to the residential	80880
facility license.	80881

Section 751.15. AGING IN PLACE PILOT PROGRAM

80882

(A) As used in this section:

80883

(1) "Aging in Place administrator" means the organization	80884
that contracts with the Department of Aging pursuant to division	80885
(E) of this section to administer the Aging in Place pilot	80886
program.	80887

(2) "Nursing home" and "residential care facility" have the	80888
same meanings as in section 3721.01 of the Revised Code.	80889

(3) "Residential facility" means a residential facility as	80890
defined in section 5119.22 or a residential facility as defined in	80891
section 5123.19 of the Revised Code.	80892

(4) "Veteran" means either of the following:

80893

(a) A former member of the armed forces of the United States	80894
who served on active military duty and received an honorable	80895
discharge or honorable separation;	80896

(b) A member of the United States army transport service or	80897
the United States naval transport service who has an honorable	80898
report of separation from the active duty military service, form	80899
DD214 or DD215.	80900

(B) The Department of Aging shall establish the Aging in	80901
Place pilot program in Butler, Clermont, Hamilton, and Warren	80902
counties. Up to one hundred eighty eligible individuals may enroll	80903
in the pilot program to receive home repairs and modifications	80904
that are covered by the pilot program. The pilot program shall be	80905
operated for two years.	80906

(C) To be eligible to enroll in the Aging in Place pilot	80907
program, an individual must meet all of the following	80908
requirements:	80909

(1) The individual must be at least fifty years of age or a	80910
veteran of any age.	80911

(2) The individual must be a resident of one of the counties	80912
in which the pilot program is established.	80913

(3) The individual must reside in a private residence that is	80914
not a nursing home, residential care facility, residential	80915
facility, or other facility that may not operate legally without a	80916
license, certificate, or other authority issued by an agency of	80917
this state or a political subdivision of this state.	80918

(4) The individual or a member of the individual's household	80919
must own the private residence in which the individual resides.	80920

(5) The individual must be at risk of moving to a nursing	80921
home or residential care facility due to a medical condition.	80922

(6) The private residence in which the individual resides	80923
must be in need of a repair or modification covered by the pilot	80924
program.	80925

(7) The individual must meet any other requirements specified	80926
in rules adopted under this section.	80927

(D) The Aging in Place pilot program shall cover home repairs	80928
and modifications specified in rules adopted under this section.	80929

(E) The Department of Aging shall contract with an	80930
organization that meets all of the following requirements to	80931
administer the Aging in Place pilot program:	80932

(1) It must have been founded not later than 1975.

80933

(2) It must provide professional and critical home repair and	80934
modification services to individuals who reside in the counties in	80935
which the pilot program is established and have low incomes or are	80936
elderly or disabled.	80937

(3) It must be exempt from federal income taxation under	80938
section 501(a) and described in section 501(c)(3) of the "Internal	80939
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 501, as amended.	80940

(F) The Aging in Place administrator may help coordinate the	80941
home repairs and modifications provided under the Aging in Place	80942
pilot program with home health services that individuals enrolled	80943
in the pilot program receive under the Medicaid program or other	80944
programs.	80945

(G) The Aging in Place administrator shall seek	80946
nongovernmental funds to help pay the costs of the Aging in Place	80947
pilot program.	80948

(H) The Department of Job and Family Services shall apply to	80949
the United States Secretary of Health and Human Services for a	80950
federal Medicaid waiver to make the Aging in Place pilot program a	80951
component of the Medicaid program. If the waiver is granted, the	80952
Department of Job and Family Services shall enter into an	80953
interagency agreement with the Department of Aging under section	80954
5111.91 of the Revised Code regarding the Department of Aging's	80955
duties under this section and the Department of Aging shall	80956
establish the pilot program as a Medicaid component. If the waiver	80957
is not granted, the Department of Aging shall establish the pilot	80958
program as a non-Medicaid program.	80959

(I) The Director of Aging shall adopt rules in accordance	80960
with Chapter 119. of the Revised Code as necessary to implement	80961
this section. If the Aging in Place pilot program is established	80962
as a Medicaid component, the Director of Job and Family Services	80963
shall adopt any rules that are necessary for the Director of Aging	80964
to be able to adopt the rules for the pilot program.	80965

(J) Not later than ninety days after the termination of the	80966
Aging in Place pilot program, the Department of Aging shall	80967
prepare a report regarding the pilot program. On completion of the	80968
report, the Department shall submit it to the Governor and, in	80969
accordance with section 101.68 of the Revised Code, the General	80970
Assembly. The report shall include the Department's conclusions	80971
regarding all of the following:	80972

(1) The number of individuals in the state who would benefit	80973
from the services covered by the pilot program if the services	80974
were made available statewide;	80975

(2) How governmental and nongovernmental resources can be	80976
leveraged most efficiently to make the services available	80977
statewide;	80978

(3) The costs, if any, that the Medicaid program and other	80979
governmental health care programs would incur if the services were	80980
available statewide;	80981

(4) The impact that the services would have on the quality of	80982
patient care and treatment;	80983

(5) The impact that the services would have on the	80984
communities in which they would be provided;	80985

(6) The overall costs and benefits to the state that the	80986
services would have.	80987

Section 751.20. The amendments by this act to Section 3 of	80988
Am. Sub. S.B. 38 of the 120th General Assembly eliminate the	80989
exemptions from the requirements of sections 3701.881 and 5126.28	80990
of the Revised Code that Section 3 of that act gave to persons	80991
who, before October 29, 1993, were employed or had applied for	80992
employment in positions covered by sections 3701.881 and 5126.28	80993
of the Revised Code. The amendments by this act to Section 3 of	80994
Am. Sub. S.B. 160 of the 121st General Assembly eliminate the	80995
exemptions from the requirements of sections 173.41 (as	80996
subsequently renumbered as 173.394) and 3701.881 of the Revised	80997
Code that Section 3 of that act gave to persons who, before	80998
January 27, 1997, were employed or had applied for employment in	80999
positions covered by sections 173.41 (173.394) and 3701.881 of the	81000
Revised Code. The exemptions are eliminated in conjunction with	81001
this act's amendments to sections 173.394, 3701.881, and 5123.081	81002
of the Revised Code and the repeal of section 5126.28 of the	81003
Revised Code so that the Directors of Aging, Health, and	81004
Developmental Disabilities may adopt rules under those amended	81005
sections to make persons formerly exempt from the requirements of	81006
sections 173.394, 3701.881, and 5126.28 of the Revised Code	81007
subject to the requirements of sections 173.394, 3701.881, and	81008
5123.081 of the Revised Code.	81009

Section 751.31. RULES GOVERNING DATABASE REVIEWS AND	81010
CRIMINAL RECORDS CHECKS	81011

The Directors of Aging, Health, Job and Family Services, and	81012
Developmental Disabilities shall collaborate with each other when	81013
adopting the initial rules to be adopted for the purpose of	81014
implementing sections 173.27, 173.394, 3701.881, 5111.032,	81015
5111.033, 5111.034, 5123.081, 5123.16, 5123.169, and 5123.1610 of	81016
the Revised Code, as amended or enacted by this act. In the	81017
collaboration, the Directors shall strive to do both of the	81018
following:	81019

(A) Balance the risk mitigation that the database reviews and	81020
criminal records checks to be conducted under those sections are	81021
expected to realize with the costs of conducting the database	81022
reviews and criminal records checks;	81023

(B) Make the policies established by the rules as similar as	81024
possible among the Departments of Aging, Health, Job and Family	81025
Services, and Developmental Disabilities.	81026

Section 753.11. (A) Notwithstanding section 3313.41 of the	81027
Revised Code, during the period beginning June 30, 2005, and	81028
ending December 31, 2005, a school district board of education in	81029
support of economic development within the territory of the	81030
district may dispose of real property that it owns in its	81031
corporate capacity, and that exceeds in value ten thousand	81032
dollars, by direct sale in lieu of offering the property for sale	81033
at public auction as provided in division (A) of that section, in	81034
lieu of offering the property for sale to an entity listed in	81035
division (C) of that section, or in lieu of offering the property	81036
for sale to a community school as provided in division (G) of that	81037
section, if all of the following conditions are satisfied:	81038

(1) The real property is encumbered by easements, liens, or	81039
other use restrictions that benefit the person acquiring the	81040
property under this section;	81041

(2) The real property was part of or adjacent to real	81042
property previously disposed of by the board of education;	81043

(3) The real property when sold will be used for commercial	81044
development.	81045

(B) Notwithstanding division (A)(3) of this section, on or	81046
after the effective date of this section, the real property may be	81047
used for residential development as well as commercial	81048
development.	81049

Section 753.13. That Section 2 of Am. Sub. S.B. 63 of the	81050
121st General Assembly is repealed.	81051

This repeal releases the use, ownership, and conveyance	81052
restrictions, and rescinds the state's right of reversion, with	81053
respect to real estate conveyed to the City of Broadview Heights	81054
under Section 1 of Am. Sub. S.B. 63 of the 121st General Assembly.	81055

Section 753.14. Within thirty days after the effective date	81056
of Section 753.13 of this act, the Auditor of State, with the	81057
assistance of the Attorney General, shall, consistent with that	81058
section, prepare a deed to the real estate. The deed shall be	81059
executed by the Governor in the name of the state, countersigned	81060
by the Secretary of State, sealed with the Great Seal of the	81061
State, presented in the office of the Auditor of State for	81062
recording, and delivered to the City of Broadview Heights. The	81063
City of Broadview Heights shall present the deed for recording in	81064
the Office of the Cuyahoga County Recorder.	81065

Section 755.10. One year after the effective date of this	81066
act, the Director of the Department of Rehabilitation and	81067
Correction, after consultation with the State Highway Patrol, the	81068
Department of Public Safety, the Fraternal Order of Police of	81069
Ohio, and the Buckeye State Sheriff's Association, shall submit a	81070
written report to the Governor, the President of the Senate, the	81071
Speaker of the House of Representatives, the minority leader of	81072
the Senate, and the minority leader of the House of	81073
Representatives on the effectiveness of the State Highway Patrol's	81074
authority to enforce the criminal laws in the Lake Erie	81075
Correctional Institution pursuant to section 5503.03 of the	81076
Revised Code, as amended by this act.	81077

Section 757.10. A board of township trustees or the	81078
legislative authority of a municipal corporation to which section	81079
5705.19 or 5705.252 of the Revised Code applies, as enacted or	81080
amended by this act, may adopt the resolution proposing the levy	81081
of the tax or the combined questions authorized by those	81082
enactments or amendments and certify a copy of the resolution to	81083
the proper county board of elections as otherwise prescribed by	81084
law after this act becomes law and before the effective date of	81085
those enactments or amendments, requesting that the board of	81086
elections submit the proposal to the electors at the general	81087
election occurring on November 6, 2012. The board of elections,	81088
upon receiving a properly certified copy of such a resolution not	81089
later than four p.m. on August 8, 2012, shall submit the proposal	81090
to electors at that election as otherwise provided under section	81091
5705.25 or 5705.252 of the Revised Code, and such actions of the	81092
board of township trustees, municipal legislative authority, and	81093
board of elections are hereby ratified.	81094

Section 757.20. As used in this section, "qualified property"	81095
means real property that either:	81096

(A) Satisfies the qualifications for tax exemption under the	81097
terms of section 5709.07 of the Revised Code and is owned by a	81098
church as defined in that section;	81099

(B) Satisfies the qualifications for tax exemption under the	81100
terms of section 5709.08 of the Revised Code and is owned by a	81101
township that acquired the property from a county.	81102

Notwithstanding section 5713.081 of the Revised Code, when	81103
qualified property has not received tax exemption due to a failure	81104
to comply with Chapter 5713. or section 5715.27 of the Revised	81105
Code, the current owner of the property, or the prior owner of the	81106
property requesting exemption from prior taxes, at any time on or	81107
before twelve months after the effective date of this section, may	81108
file with the Tax Commissioner an application requesting that the	81109
property be placed on the tax-exempt list and that all unpaid	81110
taxes, penalties, and interest on the property be abated.	81111

The application shall be made on the form prescribed by the	81112
Tax Commissioner under section 5715.27 of the Revised Code and	81113
shall list the name of the county in which the property is	81114
located; the property's legal description; its taxable value; the	81115
amount in dollars of the unpaid taxes, penalties, and interest;	81116
the date of acquisition of title to the property; the use of the	81117
property during any time that the unpaid taxes accrued; and any	81118
other information required by the Tax Commissioner. The county	81119
auditor shall supply the required information upon request of the	81120
applicant.	81121

Upon request of the applicant, the county treasurer shall	81122
determine if all taxes, penalties, and interest that became a lien	81123
on the qualified property before it first was used for an exempt	81124
purpose and all special assessments charged against the property	81125
have been paid in full. If so, the county treasurer shall issue a	81126
certificate to the applicant stating that all such taxes,	81127
penalties, interest, and assessments have been paid in full. Prior	81128
to filing the application with the Tax Commissioner, the applicant	81129
shall attach the county treasurer's certificate to it. The Tax	81130
Commissioner shall not consider an application filed under this	81131
section unless such a certificate is attached to it.	81132

Upon receipt of the application and after consideration of	81133
it, the Tax Commissioner shall determine if the applicant meets	81134
the qualifications set forth in this section, and if so shall	81135
issue an order directing that the property be placed on the	81136
tax-exempt list of the county and that all unpaid taxes,	81137
penalties, and interest for every year the property met the	81138
qualifications for exemption described in section 5709.07 or	81139
5709.08 of the Revised Code be abated. If the Tax Commissioner	81140
finds that the property is not now being so used or is being used	81141
for a purpose that would foreclose its right to tax exemption, the	81142
Tax Commissioner shall issue an order denying the application.	81143

If the Tax Commissioner finds that the property is not	81144
entitled to tax exemption and to the abatement of unpaid taxes,	81145
penalties, and interest for any of the years for which the current	81146
or prior owner claims an exemption or abatement, the Tax	81147
Commissioner shall order the county treasurer of the county in	81148
which the property is located to collect all taxes, penalties, and	81149
interest due on the property for those years in accordance with	81150
law.	81151

The Tax Commissioner may apply this section to any qualified	81152
property that is the subject of an application for exemption	81153
pending before the Tax Commissioner on the effective date of this	81154
section, without requiring the property owner to file an	81155
additional application. The Tax Commissioner also may apply this	81156
section to any qualified property that is the subject of an	81157
application for exemption filed on or after the effective date of	81158
this section and on or before twelve months after that effective	81159
date, even though the application does not expressly request	81160
abatement of unpaid taxes, penalties, and interest.	81161

Section 757.51. The amendment by this act of section 5713.03	81162
of the Revised Code applies to the first tax year, after tax year	81163
2012, to which division (A) or (B) of section 5715.24 of the	81164
Revised Code applies in the county.	81165

Section 757.61. The General Assembly hereby declares that the	81166
intent of the amendment by this act of section 5739.02 of the	81167
Revised Code is to clarify the law as it existed prior to the	81168
amendment by this act of that section.	81169

Section 806.10. The items of law contained in this act, and	81170
their applications, are severable. If any item of law contained in	81171
this act, or if any application of any item of law contained in	81172
this act, is held invalid, the invalidity does not affect other	81173
items of law contained in this act and their applications that can	81174
be given effect without the invalid item of law or application.	81175

Section 809.10. Sections 301.11 to 301.15 of this act are	81176
and remain in full force and effect commencing on July 1, 2012,	81177
and terminating on June 30, 2014, for the purpose of drawing money	81178
from the state treasury in payment of liabilities lawfully	81179
incurred under those sections, and on June 30, 2014, and not	81180
before, the moneys hereby appropriated lapse into the funds from	81181
which they are severally appropriated. If, under Section 1c of	81182
Article II, Ohio Constitution, Sections 301.11 to 301.15 of this	81183
act do not take effect until after July 1, 2012, the sections are	81184
and remain in full force and effect commencing on that effective	81185
date.	81186

Section 812.10. Sections subject to referendum: general	81187
effective date. Except as otherwise provided in this act, the	81188
amendment, enactment, or repeal by this act of a section is	81189
subject to the referendum under Ohio Constitution, Article II,	81190
Section 1c and therefore takes effect on the ninety-first day	81191
after this act is filed with the Secretary of State.	81192

Section 812.11. Sections subject to referendum: special	81193
effective date. The amendment by this act of sections 4735.01,	81194
4735.02, 4735.052, 4735.10, 4735.13, 4735.14, 4735.141, and	81195
4735.142 of the Revised Code is subject to the referendum under	81196
Ohio Constitution, Article II, Section 1c and takes effect on the	81197
ninetieth day after the day on which this section takes effect.	81198

The amendment, enactment, or repeal of sections 173.27,	81199
173.391, 173.394, 1123.23, 1155.03, 1163.05, 1315.141, 1321.37,	81200
1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86,	81201
3701.881, 4763.05, 5104.012, 5104.013, 5104.09, 5111.031,	81202
5111.032, 5111.033, 5111.034, 5123.16, 5123.161, 5123.162,	81203
5123.163, 5123.164, new 5123.169, 5123.169 (5123.1610), 5123.542,	81204
5126.0221, 5126.28, and 5126.281 of the Revised Code takes effect	81205
January 1, 2013.	81206

Sections 610.10, 610.11, 620.10, 620.11, and 751.20 of this	81207
act take effect January 1, 2013.	81208

Section 812.12. Sections subject to referendum: mixed	81209
effective dates. The sections listed in the left-hand column of	81210
the following table combine amendments by this act that take	81211
effect either on the ninety-first day after this act is filed with	81212
the Secretary of State or January 1, 2013. The middle column	81213
identifies amendments to the listed sections that take effect on	81214
the ninety-first day after this act is filed with the Secretary of	81215
State. The right-hand column identifies amendments to the listed	81216
sections that take effect January 1, 2013.	81217

Section of law	Amendments that take effect on the ninety-first day after this act is filed with the Secretary of State	Amendments that take effect January 1, 2013	81218
109.57	The amendment in division (G)	All except as described in the middle column	81219
109.572	The amendment in relettered division (A)(2) striking the second comma, inserting "or", and striking ", 5119.693, or 5119.85", the amendment in relettered division (A)(12), the amendments in the first paragraph of division (B) and divisions (C)(1), (C)(2), and (C)(3) striking "5119.85," the amendment in division (B)(1) striking "5119.693, 5119.85,", and the amendment in division (C)(3) inserting "2151.33, 2151.412,"	All except as described in the middle column	81220
3712.09	The amendments in divisions (C)(1) and (F)	All except as described in the middle column	81221
3721.121	The amendment in division (A)(1)	All except as described in the middle column	81222
5123.033	All except as described in the right-hand column	The amendment striking "5123.169" and inserting "5123.1610"	81223
5123.081	The amendment in relettered division (I)(1)(e)(ii)	All except as described in the middle column	81224
5123.166	The amendment in division (D)(1)(c)(ii)	All except as described in the middle column	81225

Section 812.20. Sections exempt from referendum: general	81226
effective date. The amendment, enactment, or repeal by this act of	81227
the following sections is exempt from the referendum under Ohio	81228
Constitution, Article II, Section 1d and section 1.471 of the	81229
Revised Code and therefore takes effect immediately when this act	81230
becomes law:	81231

Sections 145.01, 145.012, 167.04, 306.04, 306.36, 340.091,	81232
901.54, 2927.023, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401,	81233
3125.41, 3734.131, 3734.15, 3743.06, 3743.19, 3752.06, 4163.07,	81234
4303.22, 4501.01, 4501.06, 4503.81, 4506.01, 4506.03, 4506.22,	81235
4506.25, 4511.78, 4513.50, 4905.01, 4905.02, 4905.03, 4905.05,	81236
4905.06, 4905.402, 4905.54, 4905.57, 4905.58, 4905.80, 4905.801,	81237
4905.81, 4905.82, 4905.83, 4905.84, 4907.01, 4907.02, 4907.04,	81238
4907.08, 4907.19, 4907.28, 4907.35, 4907.37, 4907.43, 4907.49,	81239
4907.57, 4907.59, 4907.60, 4907.61, 4907.62, 4909.01, 4909.02,	81240
4909.03, 4909.17, 4909.22, 4909.24, 4909.28, 4911.01, 4919.75,	81241
4919.76, 4919.77, 4919.78, 4919.79, 4919.99, 4921.01, 4921.02,	81242
4921.03, 4921.04, 4921.05, 4921.06, 4921.07, 4921.08, 4921.09,	81243
4921.10, 4921.101, 4921.11, 4921.12, 4921.13, 4921.14, 4921.15,	81244
4921.16, 4921.17, 4921.18, 4921.19, 4921.20, 4921.21, 4921.23,	81245
4921.24, 4921.25, 4921.26, 4921.27, 4921.28, 4921.30, 4921.31,	81246
4921.32, 4921.34, 4921.35, 4921.36, 4921.37, 4921.38, 4921.39,	81247
4921.40, 4921.99, 4923.01, 4923.02, 4923.03, 4923.04, 4923.05,	81248
4923.06, 4923.07, 4923.08, 4923.09, 4923.10, 4923.11, 4923.12,	81249
4923.13, 4923.14, 4923.15, 4923.17, 4923.20, 4923.26, 4923.99,	81250
4927.01, 4929.01, 4929.02, 4933.18, 4933.19, 4939.01, 4953.04,	81251
4961.03, 4965.54, 5119.691, 5502.01, 5503.02, 5503.34, 5743.031,	81252
5751.033, and 5753.03 of the Revised Code.	81253

Section 205.10 of Am. Sub. H.B. 114 of the 129th General	81254
Assembly, as amended by Am. Sub. H.B. 153 of the 129th General	81255
Assembly.	81256

Section 201 of Sub. H.B. 123 of the 129th General Assembly.

81257

Section 1 of H.B. 124 of the 129th General Assembly.

81258

Sections 205.10, 207.10, 207.10.80, 207.20.10, 207.20.30,	81259
207.20.90, 209.10, 209.30, 211.10, 215.10, 223.10, 229.10, 243.10,	81260
245.10, 261.10.10, 261.10.20, 261.10.30, 261.10.40, 261.10.50,	81261
261.10.60, 261.10.70, 261.10.80, 261.10.90, 261.20.10, 261.20.20,	81262
261.20.40, 261.20.50, 261.20.60, 261.20.70, 261.20.80, 261.20.90,	81263
261.30.10, 261.30.20, 261.30.30, 261.30.40, 261.30.50, 261.30.60,	81264
261.30.70, 261.30.80, 261.30.90, 261.40.10, 263.10, 263.10.30,	81265
263.10.90, 263.20.40, 263.20.70, 267.10, 267.10.20, 267.10.40,	81266
267.30.40, 267.40.40, 279.10, 283.10, 285.10, 287.10, 291.10,	81267
305.10, 307.10, 309.10, 313.10, 315.10, 323.10, 327.10, 337.10,	81268
343.10, 343.40, 365.10, 367.10, 369.10, 371.10, 371.30.30,	81269
371.50.61, 371.50.65, 371.60.80, 373.10, 375.10, 379.10, 387.10,	81270
403.10, 411.10, 415.10, 503.50, 521.70, 701.40, and 753.25 of Am.	81271
Sub. H.B. 153 of the 129th General Assembly.	81272

Section 247.10 of Am. Sub. H.B. 153 of the 129th General	81273
Assembly, as amended by Sub. H.B. 319 of the 129th General	81274
Assembly.	81275

Sections 261.10 and 261.20.93 of Am. Sub. H.B. 153 of the	81276
129th General Assembly, as amended by Sub. H.B. 371 of the 129th	81277
General Assembly.	81278

Sections 701.70.10, 701.80, 701.151, 733.10, and 733.15 of	81279
this act.	81280

Sections 812.20 and 812.21 of this act.

81281

Section 812.30 of this act insofar as it refers to parts of	81282
sections that are exempt from the referendum.	81283

Section 812.21. Sections exempt from the referendum: special	81284
effective date. The amendment by this act of sections 3313.976,	81285
3313.978, and 3313.979 of the Revised Code is exempt from the	81286
referendum under Ohio Constitution, Article II, Section 1d and	81287
section 1.471 of the Revised Code and is therefore entitled to	81288
take effect immediately when this act becomes law. However, the	81289
amendment of those sections takes effect on July 1, 2012, or the	81290
date this act becomes law, whichever is later.	81291

Section 812.30. Mixed sections: general effective dates. The	81292
sections listed in the left-hand column of the following table	81293
combine amendments by this act that are and that are not exempt	81294
from the referendum. The middle column identifies amendments to	81295
the listed sections that are subject to the referendum under Ohio	81296
Constitution, Article II, Section 1c and therefore take effect on	81297
the ninety-first day after this act is filed with the Secretary of	81298
State. The right-hand column identifies amendments to the listed	81299
sections that are exempt from the referendum under Ohio	81300
Constitution, Article II, Section 1d and section 1.471 of the	81301
Revised Code and therefore take effect immediately when this act	81302
becomes law.	81303

Section of law	Amendments subject to referendum	Amendments exempt from referendum	81304
4905.90	The amendment in division (A)	All amendments except as described in the middle column	81305
5111.941	The amendment that inserts division (A)(4)	All amendments except as described in the middle column	81306
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"	81307
5119.69	The amendments in relettered divisions (D)(1)(b) and (c)	All amendments except as described in the middle column	81308
5502.01	All amendments except as described in the right-hand column	The amendment in division (F)	81309

Section 815.20. The General Assembly, applying the principle	81310
stated in division (B) of section 1.52 of the Revised Code that	81311
amendments are to be harmonized if reasonably capable of	81312
simultaneous operation, finds that the following sections,	81313
presented in this act as composites of the sections as amended by	81314
the acts indicated, are the resulting versions of the sections in	81315
effect prior to the effective date of the sections as presented in	81316
this act:	81317

Section 102.02 of the Revised Code as amended by both Am.	81318
Sub. H.B. 153 and Sub. S.B. 171 of the 129th General Assembly.	81319

Section 121.04 of the Revised Code as amended by both Am.	81320
Sub. H.B. 153 and Sub. H.B. 229 of the 129th General Assembly.	81321

Section 123.01 of the Revised Code as amended by both Am.	81322
Sub. H.B. 133 and Am. Sub. H.B. 153 of the 129th General Assembly.	81323

Section 124.11 of the Revised Code as amended by both Am.	81324
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	81325

Section 149.43 of the Revised Code as amended by both Sub.	81326
H.B. 64 and Am. Sub. H.B. 153 of the 129th General Assembly.	81327

Section 1923.01 of the Revised Code as amended by both Sub.	81328
H.B. 56 and Am. Sub. S.B. 10 of the 127th General Assembly.	81329

Section 1923.02 of the Revised Code as amended by both Sub.	81330
H.B. 56 and Am. Sub. S.B. 10 of the 127th General Assembly.	81331

Section 3301.55 of the Revised Code as amended by both Am.	81332
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	81333

Section 4123.54 of the Revised Code as amended by both Am.	81334
Sub. H.B. 562 and Am. Sub. S.B. 334 of the 127th General Assembly.	81335

Section 4731.22 of the Revised Code as amended by both H.B.	81336
78 and Am. Sub. H.B. 93 of the 129th General Assembly.	81337

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

Ohio House Bill 487 (Prior Session Legislation)

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